Terms of Sales

These general conditions of sale are concluded between :

Marie Carrere - Kurage House -

Auto business. 72 Quai de Tounis 31000 Toulouse France
 
Email: maisonkurage@gmail.com
VAT not deductible.

SIREN 843006131

Hereinafter referred to as "The Seller"

FIRSTLY,

and :

Anyone wishing to make a purchase via the Seller's website, at www.maisonkurage.com

ON THE OTHER HAND.

These General Conditions of Sale are intended to define the contractual relations

between the Seller and the Customer, and the conditions applicable to any purchase made through

of the Seller's merchant site www.maisonkurage.com, hereinafter referred to as "the Site".

By these General Conditions of Sale, the Customer is prohibited from any purchase for resale, within the meaning of Article L 110-1 of the Commercial Code

The Client must be of legal age. 

The acquisition of a product through the Site implies full acceptance by the Customer of these General Conditions of Sale. These will prevail over any other general or specific conditions of the Customer.

The Seller reserves the right to modify these General Conditions of Sale at any time. It is, however, agreed that the Conditions applicable to the Customer will be those in force on the date of his order on the Site.

DESCRIPTION OF PRODUCTS

The Products offered for sale are those described on the Seller's Site on the day the Customer consults the Site, within the limits of available stocks. 

Maison Kurage takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. 

The photographs are as accurate as possible but do not bind the Seller in any way. 

It is specified that the products offered comply with the regulations in force relating to the composition of the products, in the sense that they comply with the health and safety of consumers.

PRICE & TERMS OF PAYMENT

The selling prices are indicated, for each of the products appearing in the electronic catalog, in Euros all taxes included, excluding delivery costs mentioned before  validation of the order and invoiced in addition.

The amount of delivery and transport costs in addition is indicated to the customer at the time of the order and is worth 2 euros for metropolitan France and 4 euros for foreign countries.

The Products remain the property of the seller until full collection of the price by the seller.

The selling price of the product is that in force on the day of the order.

The VAT applied being that in force on metropolitan French territory on the day of validation of the order.

Any rate change will be reflected without delay in the price of the products offered.

We reserve the right to modify our prices at any time but we undertake to apply the prices indicated on the site at the time of your order.

The transfer of the risks of loss and deterioration of the products will be carried out after delivery and receipt of the products by the customer.

The Products are payable in cash when the actual Order is placed.

The order can be paid by the following means:

• by bank card (Carte Bleue, Visa, Visa electron, Mastercard, Maestro; E-carte bleue, accepted in France),

thanks to the Banque Populaire's secure server and thanks to the 3d secur protocol, the Seller

offers fully secure online payment.

• by Paypal.

The Customer's bank card number is therefore only sent to the bank's servers, in a secure environment.

The customer's bank account corresponding to the credit card used for payment is debited on the day of order confirmation by Raphaëlle Germain.

In the event of a payment default, an incorrect address or any other problem on the customer's account, Raphaëlle Germain reserves the right to block the customer's order until the problem is resolved.

ORDER PROCESS

The Customer places his order by completing the following steps:

• add the desired products to your cart
• validate the basket
• the customer checks the details of his basket, which he can modify at any time
• validate the order 

When validating the order summary, the customer expressly accepts the general conditions of sale in force on the site.

The total amount including VAT of the order, containing at this stage only the price due for the products. Delivery costs will be indicated later during the order validation process.

• choose your delivery method, choose your payment method

He is then redirected to the secure payment site where he enters his bank details.

It is the Customer's responsibility to ensure the accuracy of the information provided, for which he is solely responsible.

The Customer must enter his bank card number, its expiry date as well as the 3 numbers of the visual cryptogram present on the back of his card.

All the data provided and the recorded confirmation constitute proof of the transaction.

If the payment is accepted, the customer will be redirected to an order confirmation screen on the Site.

The Seller does not keep bank information about the Customer.

Order confirmation

Within one hour of placing the order, the customer will receive an email confirming:

– the registration of his order,

– the details of the items ordered

- the total price

- delivery fees

– the chosen means of payment

The professional seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally  high for purchasers having the status of consumers.

Order Archiving

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the civil code (former C. civ., art. 1348). 

These communications, purchase orders and invoices can be produced as proof of the contract.

DELIVERY

Delivery areas

Maison Kurage delivers all orders to mainland France and Europe.

Delivery at home or at a pick-up point 

Parcels are managed by Colissimo.

Deliveries are made to the address indicated by the Customer for this purpose.

The items are delivered within 2 to 6 days maximum from the order. 

This time takes into account the processing time of the order and the delivery to your home. 

If an order has not arrived on the scheduled delivery date, we invite you to contact the post office directly with your tracking number or to consult the La Poste website.

Raphaëlle Germain declines all responsibility for any delays, thefts, losses, or damage to the package by Colissimo. 

If the delivery deadline is exceeded by more than seven days and not due to a  In the event of force majeure, the Customer may cancel his order by registered letter with acknowledgment of receipt, within sixty working days from the date indicated for delivery.

The cancellation of the order will be effective upon receipt by the Seller of the letter by which the Customer informs him of his decision, if the delivery has not taken place between the sending and the reception of this letter.

Reimbursement will be provided by the Seller, according to the means of payment of his choice, within a maximum period of thirty days from the date on which the Customer will have informed the Seller of the cancellation of the order.

Shipping cost

The package includes the processing, packaging, shipping, delivery and tracking of your order.

Product Compliance – Guarantee against hidden defects

All products benefit from the legal guarantee of conformity (L211-1 and following of the

Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the Customer to return the Products delivered defective or non-compliant.

– Article L211-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

– Article L211-5 of the Consumer Code: To comply with the contract, the goods must:

1. Be specific to the use usually expected of a similar item and, where applicable:

 Correspond to the description given by the seller and possess the qualities that this one a presented to the buyer in the form of a sample or model;

• present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

1. Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

• Article L211-12 of the Consumer Code: The action resulting from the lack of compliance is prescribed by two years from the delivery of the goods.

• Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.

• Article 1648 al 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

In the event of delivery to the customer of a Product that does not comply with the order or reveals a hidden defect, the Customer may return the said product to Maison Kurage in accordance with the provisions of article 7. 

In the event of non-compliance, the Customer submits a complaint by email or registered letter in order to obtain a free “return slip”.

To obtain a free return slip, you can write to contact@raphaellegermain.com 

A printable voucher will be provided. Print it, stick it on the package and drop it off at a “La Poste” shop or at a “relay point”. 

The non-compliant item will be returned to the following address:

Kurage House

72 Quay of Tounis

31000 Toulouse

France

In any case, the application of the guarantee for non-conformity of the product will take place at no cost to the Customer.

Any shipment made by the customer himself, without going through a written request, will not be considered.

Terms of return of the Order under the right of withdrawal

The right of withdrawal is exercised without penalty.

The exercise of the right of withdrawal can be done by sending an email to the following address: maisonkurage@gmail.com

The email must contain the following elements:

Title: “Product return”

Order number

Client name

Delivery address

Sub-account email address

The Customer returns the Order with the prepaid return voucher provided by Maison Kurage , without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to withdraw in accordance with Article L. 221- 21 of the Code of Consumption.

Beyond this period of fourteen (14) days, the sale is firm and definitive. The Product must be returned in its original packaging, in its original condition, new, unworn. To make a return, the Customer must follow the procedure indicated on the return form received with his Order.

Reimbursement of Products returned under the right of withdrawal

Reimbursement of the Order by Maison Kurage is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.

However, the refund takes place provided that Maison Kurage has been able to recover the Products subject to the return and the refund request.

Maison Kurage makes the refund using the same means of payment as the one used to pay for the Order. If and only if the latter has expired, Maison Kurage will approach the Customer in order to make the refund by another means of payment and insofar as the refund does not incur additional costs for Maison Kurage.

Reimbursement of an order paid for with a gift card, a gift card or a credit note will be automatically refunded as a credit note.

If the Customer fails to comply with these T&Cs, Maison Kurage will not be able to reimburse the Products concerned. In all cases, the return costs are borne by Maison Kurage if the Product delivered to the Customer is different from the Product ordered. 

INTELLECTUAL PROPERTY

All the elements of the Site, in particular all the graphic, sound, textual, video elements, including the underlying technology and the presentation of the products, are the exclusive property of the Seller.

The Customer is therefore formally prohibited from proceeding with any reproduction, representation or distribution, even partial, of any particular element forming an integral part of the Seller's website.

All reproductions and representations of the Site are subject to the express and prior agreement of the Seller.

Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author.

Similarly, any process, in particular relating to the technique of framing or deep-linking is strictly prohibited, except with express, special and written authorization issued by the Seller.

The name "Maison Kurage" has been registered with the INPI.

Consequently, any reproduction of this mark by the Customer, not authorized by the Seller, constitutes an act of infringement liable to criminal and civil proceedings.

The Customer is therefore prohibited from infringing the “Maison Kurage” brand. It is strictly forbidden to use or reproduce the name of "Maison Kurage", in any capacity whatsoever, and on any medium whatsoever, without the prior written consent of the Seller.

PERSONAL DATA

The Seller informs the Customer that his personal data is recorded and that the Seller has taken the prior steps with the CNIL concerning the processing of this data, in accordance with the provisions of the Data Protection Act No. 78-17 of January 6, 1978.

The Customer is informed that his data is subject to processing allowing the Seller to be able to offer him the various services offered by the Site.

In accordance with the provisions of article 27 of the Data Protection Act of January 6, 1978, the Customer has a right to access, modify, rectify or delete his collected data by simply contacting the Seller at address following: Marie Carrere 72 Quai de Tounis 31000 Toulouse. 

The Seller certifies to the Customer that his data is stored on the territory of the European Union, and more precisely in France.

The data transmitted by the Customer is not communicated by the Seller to third parties and is not used for commercial prospecting purposes.

The Customer is informed that his connection information and, in particular, the pages consulted and the IP addresses are kept for the legal period, namely: one year.

Limitation of Liability

The Seller's liability can only be engaged in the event of gross, intentional or fraudulent negligence. In all other cases, the Seller's liability can never be sought or engaged by the Buyers.

Buyers warrant and indemnify any liability claims against the Seller by third parties to the contract.

In any event, the Seller's liability, if engaged, may not exceed the value of the Products covered by the contract concluded with the Buyer.

Disputes – Applicable Law

These general conditions of sale are governed by French law.

Any dispute that may arise between the Parties due to the formation, interpretation and/or execution of these presents will, failing amicable settlement, fall under the exclusive jurisdiction of the Commercial Court of Toulouse.