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 13 May 2020
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 delivery costs to the address indicated by the Customer in the order form but does not include neither the costs associated with unloading of the goods, which is the responsibility of the Customer, nor duties, VAT and any other taxes due to the import of Products in the country of delivery, as well as clearing the goods through customs.
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. This also applies to the purchase of gifts or other purchases made on behalf of another recipient.
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.
Unfortunately, Maïno has no control over customs and import charges and cannot inform the Customer how much they will be before he orders. Customs policies vary widely from country to country. We recommend the Customer to contact his local customs office for further information.
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.
Under these General Terms and Conditions of Sale, goods are delivered DAP (Delivery At Place) at the address indicated by the Customer in the order form. The unloading of the goods is the responsibility of the Customer. The Customer is also required to sort out duties, VAT and any other taxes due to the import of Products in the country of delivery, as well as clearing the goods through customs. 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 Customer must be reported by the Costumer by email to Maïno at the address firstname.lastname@example.org.
Then, the Customer must return and bear the costs of the delivery within seven (7) days after the report of the nonconformity or defect, to Maïno Design Europe, c/o Maino Design LLC, 13 Dniprovska naberezhna Str., apt. 3, 02098 Kyiv, Ukraine in its original packaging.
When the lack of conformity or the hidden defect is observed by Maïno, the Customer is able to choose the reparation he wants from Maïno without any supplementary cost for him. It can be reparation or an exchange of the product or the repayment of the Customer. This choice must not be disproportionate to the Product’s price or the significance of the lack.
ARTICLE 8: CANCELLATIONS
The Customer can use his right of withdrawal within fourteen (14) days as of the date of receipt of his Order according to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The Customer can return the ordered Products without having to provide reasons or to pay penalties. But the Customer has to bear the return costs.
The right of withdrawal will not be accepted for Products which are made specifically or customized for the Customer. This right will not be accepted for any wrong manipulation of the Product ordered.
For any return within the framework of the right of withdrawal, the below procedure must be entirely followed:
- The Customer must first inform Maïno by email at email@example.com;
- The Products must be sent in their original packaging, with any labels and accessories, in perfect condition for resale. They must not have been used, or damaged. The return of Products is the sole responsibility of the Customer.
- The Products should be returned quickly with a tracking number to the following address:
c/o Maino Design LLC
13 Dniprovska naberezhna Str., apt. 3
- All returns must be made against request for signature otherwise the loss of Products during transport will not be considered.
If the above conditions are fulfilled, Maïno will reimburse the amount, including tax, of the Products returned to the Customer, in the same way as the order was paid. In the case of payment by bank card on the Website, the Customer’s bank account will be credited by such amount. In any event, the reimbursement will be made no later than within fourteen (14) days as of receipt of the Products returned by Maïno.
In the event of a breach of the conditions set forth here above, Maïno may refuse the return of the Customer. In that case, Maïno will not proceed with a reimbursement. If the Customer requests in this case a reshipment of the Products ordered, Maïno reserves the right to request the Customer to pay the costs for reshipping these goods. This amount corresponds to the one indicated on the Customer’s invoice.
The Products the Customer wants to return are the Customer’s responsibility until they reach Maïno’s warehouse. Damage done while returning / shipping the Products to Maïno’s warehouse is the Customer’s responsibility. The Customer shall make sure to pack the return safely to prevent any damage to the Products or boxes, as this will affect the value of the Products, and thus Maïno’s possibility to resell the Products.
ARTICLE 9: PERSONAL DATA
In order to process orders, personal information and data concerning the Customer must be collected by Maïno.
This data will also be transmitted to third parties and partner companies of Maïno, in particular to:
- ensure the delivery of orders by its service providers and the after-sales service;
- to carry out satisfaction surveys or investigations;
- to communicate all activity statistics of the Website.
Maïno may transmit the Customer’s Personal Information to third parties in the event of sale, transfer or assets, reorganization or liquidation.
Maïno has taken all the necessary precautions to ensure the security of its files and the protection of its IT system, and to prevent in particular that the Personal Information of Customers is distorted, damaged or that an unauthorized third party can access it.
In compliance with the General Data Protection Regulation of the European Union (2016/679), which has been applicable since 25 May 2018, the Customer has a right to access, rectify, modify and delete his personal data. The Customer may exercise this right by sending a letter to the following address or by email, indicating his surname, first name, email and postal address:
Maïno Design Europe OÜ
Harju maakond, Tallinn 12915, Mustamäe linnaosa, Laki 30, Estonia
Furthermore, for the sake of better service, the Website collects certain information relating to the connection of each user on the Website or Customer on the Website, in the form of cookies (for example, storage of credentials or of Products previously added to the shopping basket). Each user or Customer may, at any time, delete any trace of his visit to the Website by deleting all the cookies in his browser which the Website may have collected.
ARTICLE 10: SUSPENSION OR TERMINATION OF THE CUSTOMER’S ACCOUNT
Via his account on the Website, the Customer may at any time suspend or terminate his subscription to the Website. He will send a request to the Customer Service of Maïno.
Furthermore, Maïno reserves the right to suspend or close the Customer’s account in the event of payment incidents or defaults
ARTICLE 11: INTELLECTUAL PROPERTY
All the figurative elements present on the Website and the “Maïno” trademark are the sole property of Maïno.
Maïno is also the holder of the intellectual property rights on the Website and of the right to disseminate the photographs which appear on the Website (in particular the photographs for which it has obtained the necessary authorizations from the persons and authors concerned).
Consequently, the partial or total reproduction, on any medium whatsoever, of the component elements of the Website, of the “Maïno” trademark or of the catalogue, their use and their provision to third parties is formally prohibited.
ARTICLE 12: PROOF
The Customer is informed that the computer records, kept in Maïno’s IT systems in reasonable conditions of security, will be considered as proof of communication of orders and of the payments made between the parties. The information delivered by the Website will be taken as authentic between the parties.
The filing of purchase orders and invoices is carried out on a reliable and sustainable support which may be presented as evidence, the probative value of which is the same as that granted to an original signed copy on paper.
ARTICLE 13: FORCE MAJEURE
In the case of a Force Majeure event as defined by the case law of the Estonian Courts, Maïno may be suspended the performance of his obligations. Maïno will inform the Customer by email within seven (7) days of its occurrence.
In the event where this suspension continues after a period of 30 (thirty) days, the Customer will have the possibility to terminate the Order in progress affected by the Force Majeure, and will then be reimbursed the price of the Products ordered and for the delivery costs paid.
ARTICLE 14: ENTIRE AGREEMENT
These General Terms and Conditions of Sale express the entire obligations of Maïno and of the Customer. No other general or special condition communicated by the Customer may be included or derogate from these General Terms and Conditions of Sale.
The fact that Maïno or the Customer do not exercise any one of the rights under the General Terms and Conditions of Sale shall not be deemed to be a waiver on its part of that right, such waiver being effective only where expressly declared.
ARTICLE 15: NON — WAIVER
The fact that Maïno does not invoke a breach by the Customer of any one of its obligations may not be interpreted as a waiver of the obligation in question, and to invoke this breach at a later date.
ARTICLE 16: SEVERABILITY
If one of several stipulations of these General Terms and Conditions of Sale is held invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect.
ARTICLE 17: DISPUTE
These General Terms and Conditions of Sale are subject to Estonian law, both for rules of substance and of form.
In the absence of an amicable agreement between Maïno and the Customer, the dispute will be brought before the competent Estonian courts in Tallinn.