Terms of sale

Article 1 – Scope

These General Terms of Sale apply, without restriction or reservation, to all sales concluded by Marius Palluel (the "Seller") with consumers and non-professional buyers (the "Customers" or the "Customer") who wish to purchase the products offered for sale by the Seller (the "Products") on the Maisonely website.

They set out, in particular, the conditions for ordering, payment, delivery and handling of any returns of the Products ordered by Customers.

These General Terms of Sale may be supplemented by specific terms, stated on the website, before any transaction with the Customer.

These General Terms of Sale apply to the exclusion of all other terms, in particular those applicable to in-store sales or sales through other distribution and marketing channels.

They are available at all times on the Maisonely website at /policies/terms-of-sale and shall prevail, where applicable, over any other version or any other conflicting document.

As these General Terms of Sale may be amended from time to time, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

Article 2 – Products Offered for Sale

The Products offered for sale on the Maisonely website are sleep and travel comfort products, namely:

• Memory foam travel pillows
• Sleep masks
• Silk bonnets
• Silk pillowcases
• Contour pillows
• Knee pillows
• Travel kits

The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the Maisonely website.

The Customer must read this information before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics shown on the Maisonely website are not contractually binding and cannot give rise to the Seller's liability.

The Customer must refer to the description of each Product in order to learn its properties, essential features and delivery times and, in the case of the continuous or periodic supply of goods, the minimum term of the proposed contract.

The contractual information is presented in English and is confirmed no later than at the time the Customer validates the order.

Article 3 – Validity Period of the Product Offer

Product offers are valid while stocks last, as indicated when the order is placed.

Article 4 – Seller's Contact Details

The Seller's contact details are as follows:

Marius Palluel, sole proprietorship (French entreprise individuelle, micro-enterprise regime), trading as Maisonely (registered trade sign: RM FRIP)
60 rue François 1er, 75008 Paris, France
Email: contact@maisonely.com
Phone: +33 7 56 89 09 87
SIRET: 991 168 212 00017
APE code: 4791B
VAT: not applicable, article 293 B of the French General Tax Code (Code général des impôts, CGI)

In accordance with the French Data Protection Act of January 6, 1978 (loi Informatique et Libertés), as strengthened and supplemented by the GDPR (General Data Protection Regulation), which entered into force on May 25, 2018, the Customer has, at any time, the right to access, rectify, object to, erase and port all of their personal data by writing, by mail and with proof of identity, to the Seller's address stated above.

Validation of the order by the Customer constitutes acceptance, without restriction or reservation, of these General Terms of Sale.

The Customer acknowledges having the legal capacity required to enter into a contract and purchase the Products offered on the Maisonely website.

Article 5 – Orders

5-1. Placing an Order

It is the Customer's responsibility to select on the Maisonely website the Products they wish to order, as follows:

The Customer can review the details of their order and its total price and correct any errors before confirming their acceptance. It is the Customer's responsibility to check that the order is accurate and to report or correct any error immediately.

An order is recorded on the Maisonely website when the Customer accepts these General Terms of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of these General Terms of Sale in their entirety, as well as of the website's Terms of Service.

The sale is final only once the Seller has sent the Customer confirmation of acceptance of the order by email, which must be sent without delay, and once the Seller has received the full price.

Any order placed and validated by the Customer and confirmed by the Seller on the Maisonely website, under the conditions and in the manner described above, constitutes the formation of a distance contract between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.

The Customer can follow the progress of their order on the Maisonely website in the "Order Tracking" section.

The Seller does not intend to sell the Products on the Maisonely website to professionals, but only to consumers or non-professionals for their personal needs. The Seller therefore reserves the right to refuse orders for large quantities of the same Product comprising more than 20 units.

5-2. Changes to an Order

Any changes to the order requested by the Customer can only be taken into account by the Seller to the extent possible and provided that they are notified to the Seller by email at contact@maisonely.com at least 1 day before the scheduled shipping date of the order.

If the Seller cannot accept these changes, any sums paid by the Customer when placing the order will be refunded within a maximum of 14 days from notification that the requested changes cannot be accepted (unless the Customer prefers to receive a store credit or an exchange).

5-3. Cancellation of an Order

Apart from the exercise of the right of withdrawal or cases of force majeure, orders may be canceled by the Customer at no cost at least 2 days before the scheduled date for supply of the ordered Products.

Article 6 – Prices

The Products are supplied at the prices in force shown on the Maisonely website when the order is recorded by the Seller. Prices are shown in US dollars (USD).

Applicable US sales tax is calculated and displayed at checkout. Import duties for deliveries to the United States are included: the Customer pays no duties upon delivery.

Prices take into account any discounts that may be granted by the Seller on the website.

These prices are firm and not subject to revision during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to change prices at any time. They include processing, shipping, transport and delivery costs: standard tracked shipping is free on all orders.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs and any applicable sales tax.

Article 7 – Payment Terms

The price is payable in cash, in full on the day the Customer places the order, by secure payment, using the following methods:

• Credit and debit cards: Visa, Mastercard, American Express
• Apple Pay
• Shop Pay
• Other payment methods shown at checkout

Card payment is irrevocable, except in the event of fraudulent use of the card. In that case, the Customer may request cancellation of the payment and refund of the corresponding sums.

Article 8 – Delivery

The Products ordered by the Customer will be delivered within the United States only.

The delivery time corresponds to the shipping time indicated on the Product page plus the processing and transit time. Orders are processed and shipped within 1 to 3 business days (excluding weekends and holidays), then delivered within 7 to 12 business days in transit, to the address provided by the Customer when placing the order on the website. The order cut-off time is 3:00 p.m. Paris time, Monday to Friday. Every order is shipped with a tracking number. For more information, please see our Shipping Policy.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the time frames specified above. However, these time frames are given for information purposes only. If the Products ordered have not been delivered within 30 days of the estimated delivery date, for any reason other than force majeure or an act of the Customer, the sale may be terminated at the Customer's written request under the conditions set out in articles L216-2, L216-3 and L241-4 of the French Consumer Code (Code de la consommation). The sums paid by the Customer will then be refunded no later than fourteen days after the date of termination of the contract, without any compensation or deduction.

If the Product delivered does not conform, the Seller undertakes to remedy this or to refund the Customer, as set out in the article "Seller's Liability – Warranty".

The Seller bears the risks of transport and is required to refund the Customer in the event of damage caused during transport.

Article 9 – Transfer of Ownership – Transfer of Risk

Ownership of the Seller's Products shall be transferred to the Customer only after full payment of the price by the Customer, regardless of the delivery date of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and damage relating to them shall take place only when the Customer takes physical possession of the Products. The Products are therefore transported at the Seller's risk.

Article 10 – Right of Withdrawal

In accordance with the applicable legal provisions, the Customer has fourteen days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to give reasons or pay any penalty, for an exchange or a refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (no later than 14 days after communicating the withdrawal decision) following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice or order confirmation. Damaged, soiled or incomplete Products will not be accepted.

Returns are sent, after the return request has been approved by email, to the following address: Marius Palluel, 60 rue François 1er, 75008 Paris, France.

The right of withdrawal may be exercised online, using the withdrawal form available on the Maisonely website (see Annex 2) and sent by email to contact@maisonely.com, in which case an acknowledgment of receipt on a durable medium will immediately be sent to the Customer by the Seller, or by any other unambiguous statement expressing the wish to withdraw.

If the right of withdrawal is exercised within the above period, only the price of the Product(s) purchased and any delivery costs are refunded; return shipping costs remain the responsibility of the Customer. For damaged or defective Products, return costs are covered by Maisonely.

The refund will be made within fourteen days (no later than 14 days) from notification to the Seller of the withdrawal decision, to the original payment method. For more information, please see our Refund Policy.

Article 11 – Seller's Liability – Warranty

The Products sold on the Maisonely website comply with the regulations in force in France and have performance levels compatible with non-professional use.

The Products supplied by the Seller benefit automatically and at no additional cost, independently of the right of withdrawal, in accordance with the legal provisions, from:

• the legal guarantee of conformity, for Products that are apparently defective, spoiled or damaged, or that do not correspond to the order,
• the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and making them unfit for use,

under the conditions and in the manner set out in the box below and defined in the annex to these General Terms of Sale (Guarantee of Conformity / Guarantee against Hidden Defects).

It is noted that, under the legal guarantee of conformity, the Customer has two years from delivery of the goods to take action against the Seller; may choose between repair or replacement of the Product ordered, subject to the cost conditions set out in article L217-9 of the French Consumer Code; and is exempted from proving the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.

The legal guarantee of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the guarantee against hidden defects of the Product in accordance with article 1641 of the French Civil Code (Code civil); in that case, they may choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

The Seller will refund or replace Products or parts under warranty found to be non-conforming or defective. Shipping costs will be refunded on the basis of the rate charged, and return costs will be refunded upon presentation of receipts.

Refunds for Products found to be non-conforming or defective will be made as soon as possible and no later than 14 days after the Seller has established the lack of conformity or the hidden defect. The refund will be made to the Customer's original payment method.

The Seller cannot be held liable in the following cases:

• non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check,
• misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming Products or Products affected by a defect.

Article 12 – Protection of Personal Data

Pursuant to French Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, the Customer is reminded that the personal data requested from them is necessary, in particular, to process their order and issue invoices. This data may be shared with the Seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the Maisonely website meets the legal requirements for personal data protection, the information system used ensuring optimal protection of this data.

In accordance with applicable national and European regulations, the Customer has a permanent right of access, modification, rectification, objection, portability and restriction of processing with regard to information concerning them. This right may be exercised under the conditions and in the manner defined on the Maisonely website, in our Privacy Policy.

Article 13 – Intellectual Property

The content of the Maisonely website is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting, parasitism and unfair competition.

Article 14 – Unforeseeability

These General Terms of Sale expressly exclude the legal regime of unforeseeability (imprévision) provided for in article 1195 of the French Civil Code for all sales of Products by the Seller to the Customer. The Seller and the Customer therefore each waive the right to invoke the provisions of article 1195 of the Civil Code and the unforeseeability regime provided for therein.

Article 15 – Force Majeure

The Parties cannot be held liable if the non-performance of or delay in performing any of their obligations, as described herein, results from a case of force majeure within the meaning of article 1218 of the French Civil Code.

Article 16 – Governing Law – Language

These General Terms of Sale and the transactions arising from them are governed by French law. They are written in English. If they are translated into one or more other languages, only the English text shall prevail in the event of a dispute.

Article 17 – Disputes

All disputes to which the purchase and sale transactions concluded under these General Terms of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and follow-up, and which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under the conditions of ordinary law.

The Customer is informed that they may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Commission de la médiation de la consommation, French Consumer Code, art. L612-1), or with existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Mediator for the Maisonely website: CM2C, 14 rue Saint Jean, 75017 Paris, France. Phone: +33 1 89 47 00 14.

Article 18 – Pre-contractual Information – Customer Acceptance

The fact that a natural person (or legal entity) orders on the Maisonely website constitutes full and complete adherence to and acceptance of these General Terms of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any conflicting document, which shall be unenforceable against the Seller.

Annexes

Annex 1 – Provisions Relating to Legal Guarantees

The following are unofficial English translations of the French legal provisions, provided for information purposes only. Only the original French text has legal force.

Article L217-4 of the French Consumer Code (unofficial English translation)
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility.

Article L217-5 of the French Consumer Code (unofficial English translation)
To conform to the contract, the goods must:

• Be fit for the purpose usually expected of similar goods and, where applicable:
  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • have the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or its representative, in particular in advertising or labeling;
• Or have the characteristics agreed upon by the parties, or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the seller.

Article L217-12 of the French Consumer Code (unofficial English translation)
Action resulting from a lack of conformity is time-barred two years after delivery of the goods.

Article L217-16 of the French Consumer Code (unofficial English translation)
Where the buyer asks the seller, during the term of the commercial warranty granted at the time of purchase or repair of movable goods, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period runs from the buyer's request for intervention or from the time the goods in question are made available for repair, if they are made available after the request for intervention.

Article 1641 of the French Civil Code (unofficial English translation)
The seller is bound by the warranty against hidden defects in the thing sold that make it unfit for the use for which it is intended, or that so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it, had the buyer known of them.

Article 1648, paragraph 1, of the French Civil Code (unofficial English translation)
Action resulting from redhibitory defects must be brought by the buyer within two years of discovery of the defect.

Annex 2 – Withdrawal Form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Maisonely website, except for exclusions or limits on the exercise of the right of withdrawal under the applicable General Terms of Sale.

To the attention of Maisonely, by email: contact@maisonely.com

• Order date: ...........................................................
• Order number: ...........................................................
• Customer name: ...........................................................
• Customer address: ...........................................................

Customer signature (only if this form is submitted on paper)