General terms and conditions of sale
The General Terms and Conditions of Sale here described, govern all the rights and obligations of Maïno and the Customers, for all orders placed on Maïno’s website maino-design.com (hereafter “Website”).
Updated on 22 August 2018
maino-design.com is a website published by Maïno Design Europe OÜ, a limited liability company with a capital of 2.500 Euros, registered in the Republic of Estonia with the Tartu County Court Registration Department under number 14544181. Maïno Design Europe has its head office in the Republic of Estonia at Harju maakond, Tallinn 12915, Mustamäe linnaosa, Laki 30. Maïno Design Europe sells furniture and home decoration products made in Ukraine (hereafter “Products”) via the Website to Customers on the customs territory of the European Union.
These General Terms and Conditions of Sale govern the online sale of Products by Maïno to the Customer on the Website, from the Customer’s ordering and validation of order to the payment of this order on the Website. The Customer agrees without restriction with the General Terms and Conditions of Sale for any order of Product he has placed on the Website. The ordering, the validation of an order and its payment are the sale contract between Maïno and the Customer.
By checking the box “I accept” in the section “Payment method” when placing an order, the Customer declares to have read and accepted these General Terms and Conditions of Sale, which are in force when the order is validated. At any time, Maïno reserves the right to modify or to change these General Terms and Conditions of Sale by publishing a new version on the Website. The General Terms and Conditions of Sale relevant are those on the Website at the ordering date.
For any question or claim, Maïno’s customer support can be reached by email at the following address: firstname.lastname@example.org
ARTICLE 1: PURPOSE
These General Terms and Conditions of Sale govern the rights and obligations of Maïno and the Customers resulting from the online sale of Products offered by Maïno on the Website.
The validation of these General Terms and Conditions of Sale by the Customer, the order summary sent to the Customer by email and the Customer’s payment constitute proof of the conclusion of a sale contract between Maïno and the Customer. This sale contract will be governed by these General Terms and Conditions of Sale.
Customers must be of legal age and have the legal capacity to conclude such a contract; otherwise it will not be valid.
ARTICLE 2: PRODUCT
The Customer may purchase any Product presented at the price indicated on the Website on the day he places his order. If the Product is not available, Maïno will inform the Customer by email at the earliest opportunity and will offer him a suitable solution.
The Product descriptions summarize their aesthetic and technical characteristics. The photographs of Products placed online on the Website are as faithful as possible to reality but are not contractual. Some Products can be slightly different from these pictures. Maïno shall not be liable in case of errors or alterations resulting from the processing of these photographs. The Customer understands and accepts that certain Products are created or made using processes, which do not enable to obtain Products which are all exactly identical.
ARTICLE 3: HOW TO PLACE AN ORDER
Creating a customer account
To place his first order on the Website, the Customer must create an account in the Website by completing a subscription form online on the Website. To create a customer account, the Customer must enter a delivery address located on the territory of the European Union.
Customers wishing to order to a delivery address not located in the European Union are invited to contact Maïno by sending a request at the address: client@maïno-design.com
The Customer hereby states that all personal information provided is complete and accurate in order to proceed to his precise identification in any situation. Any misleading information is likely to result in immediate closing of the Customer’s account or the cancellation of his order(s) by Maïno.
Maïno will not check the reality of this information and may not in any case be held responsible if certain incorrect information hinders the proper execution of an order or a delivery.
On the creation of his account, the Customer chooses a login and a password, which will be specific to him to identify himself on the Website. He is solely responsible for keeping these elements confidential.
The Customer can access to his account at any time (outside of temporary periods of maintenance of the Website) and place an order or manage his personal information.
The Customer will be bound by all orders placed on the Website by his personal account.
Placing and confirmation of an order
After he has entered his identifiers, the Customer may place an order on the Website. He may add all Products identified to his shopping basket and at the end of his purchase, the Customer must validate his order. For this, the Customer must confirm the Products and the quantities selected, complete all the information requested by the Website, accept without reservation the General Terms and Conditions of Sale, by clicking on the button indicated and at last validate the payment of his order.
By placing an order on the Website, the Customer is entirely responsible for the accuracy of the identification and delivery information he provides to Maïno. In case of error which may give rise to a delay in delivery Maïno may not be held liable and any additional costs shall be borne by the Customer.
Once the order is confirmed by the Customer, he will receive an email from Maïno, which is an acknowledgement of receipt of the order including all elements. The order will be considered as definitive only after its confirmation by Maïno.
The sale contract between Maïno and the Customer is concluded only on receipt by Maïno of payment of the total price of the order by the Customer. Maïno reserves the right not to validate the order on legitimate grounds.
It can appear that the Product is not available. Maïno will inform the Customer by sending him an email. At his request, the Customer may choose:
- To be delivered for the Products, which are available and reimbursed the amount, including taxes, of the unavailable Products in his order.
- To cancel the entire order and be reimbursed its amount, including taxes and including delivery costs.
- To request the delivery of a Product of an equivalent quality and price, within the limit of available stocks.
The reimbursement will be made via the same payment method as the one used by the Customer to pay the amount of his order, within 30 (thirty) days after the confirmation of his choice among the 3 available choices above.
ARTICLE 4: THE PRODUCT PRICE
The Product price is the one shown on the Website. It is in Euro including the Value Added Tax. This tax is the one in force on the territory of the Republic of Estonia on the day of the order.
The Customer shall take into consideration delivery costs from Maïno’s warehouse in Paris, France, which may be added to the Product price and must be paid by the Customer. The delivery costs are communicated to the Customer when he places his order and adjusted according to the address of delivery requested.
The Product price and the delivery costs are the full price of the order. They have to be paid in cash and in full by the Customer when the order is placed.
ARTICLE 5: TERMS OF PAYMENT OF AN ORDER
The Customer pays his order by bank card via a dedicated secure platform accessible from the Website.
When the Customer pays his order, he warrants that he is the holder of the bank card used. The Customer’s bank account will be debited after the bank’s agreement to debit the Customer’s bank account.
In order to protect all information about the bank card used for an order payment, the Website uses one of the most efficient site security systems currently available. Maïno never has access to any confidential information about the means of payment. Therefore, the payment information is always asked for any order placed by the Customer. In the event of a fraudulent use of his bank card with Maïno, the Customer is invited to contact Maïno at the email address in the preamble of these General Terms and Conditions of Sale.
A payment order made by bank card cannot be cancelled. This is irrevocable, without prejudice to the Customer’s right to exercise his right of withdrawal.
The Customer can also use these other terms of payment:
- Bank transfer to Maïno: Details of Maïno’s bank account are issued to the Customer by an email when he orders.
If the Customer’s bank does not agree to transfer the payment after 7 days from the date of placing the order, Maïno can cancel the Customer’s order;
- Paypal / Braintree
The Customer becomes the owner of the Products after full payment of the price of his order.
In case of incomplete payment, Maïno reserves its right to claim the return of the ordered Products. The Customer shall pay for any costs in connection therewith.
ARTICLE 6: DELIVERY OF AN ORDER
Delivery occurs after the registration of the full payment of the order price; The Customer’s order will be sent to the address he has indicated in the order form, after confirmation of the order. The Customer can also be delivered to another physical address if he wants. The Customer will be informed of the shipment of the Products by email.
The delivery time of the Products will be indicated to the Client upon placing his order. Maïno will make its best effort to ensure that the order is shipped within the delays indicated on the Website at the time of order by the Customer, within the limits of available stocks, and only after full receipt of the Customer’s payment.
Except special mention, when the Product price shown on the Website is accompanied by the mention “stock Paris”, the Products are shipped by Colissimo within 24 hours, not including holidays and weekends.
With regards to Products available with a delivery time of several weeks, an extension of the delivery time cannot under any circumstances give way to a cancelation of order or to a repayment by Maïno.
In the event of delivery outside the EU, the Customer will have to pay for customs duties or VAT or any other taxes due to the import of Products in the country of delivery. The Customer is also solely responsible for the formalities related thereto unless otherwise specified. The Customer is solely responsible for checking whether the Products ordered can be imported under domestic law in the country of delivery.
It can happen that an order contains Products deliverable at different dates. In this case, Maïno will send an email to the Customer to inform him. The Customer may choose to receive each Product according to the delivery dates of each Product. However, this service may involve higher delivery costs to the Customer which will be indicated by the Customer Service. If the Customer chooses to receive his order in one batch, the longest delivery period will be the one to refer to.
However, the delivery may not be guaranteed in the case of a force majeure event as defined within the meaning of the case law of the Estonian courts.
In case of absence of the Customer during delivery, a notice will be left by the carrier. Products may therefore be collected following carrier’s indications. In absence of Products’ withdrawal by the Customer in the limited period fixed by the carrier, the Products will be returned to Maïno.
Maïno will reserve the right to reimburse the Customer, while the delivery costs will remain at the Customer’s charge.
Delivery is considered completed when the Product is disposable at the place of delivery as agreed with the Customer when placing the order.
The transfer of risks of loss and damage of the Products will take place after the delivery and receipt of the Products by the Customer.
The Customer shall check the content, the conformity and the condition of the Product(s) when delivered and before signing the acknowledgement of receipt of the package.
If the Customer finds any anomalies, he must refuse the delivery of the Products and can make dated and handwritten reservations. In the event where the carrier refuses to allow the Customer to do so, the latter must notify the impossibility to indicate the condition of the Products in handwriting, signing and dating the delivery slip, then proceed with all the necessary reservations with the carrier. These reservations must be confirmed to the latter by registered letter with acknowledgement of receipt within three (3) business days following the delivery of the Products. A copy must be addressed to Maïno by email to the following address: email@example.com
The Customer will contact the carrier to obtain reimbursement of the damaged Products. Maïno may not compensate the Customer instead of and in place of the carrier.
ARTICLE 7: WARRANTIES OF CONFORMITY AND THE HIDDEN DEFECT
All the information concerning Products sold by Maïno is on the Website. Before their shipment, Maïno checks that the Products are conform to the Customer’s order.
Subject to a normal use of the Products in compliance with their intended purpose, the Customer benefits from the legal compliance warranties for the periods and in the conditions described in the Directive N#2011/83/EU on Consumer Rights. The Customer benefits also from the warranty for hidden defects in the conditions and for the periods provided in the Directive N#2011/83/EU on Consumer Rights.
A lack of conformity or a hidden defect of a Product that are observed by a Cust