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Preamble

The general conditions of sale below (hereinafter referred to as “Conditions”) are concluded between BALANCINE SAS, a company registered with the RCS Paris under number 843 659 004, and headquartered at 1 rue de Stockholm, 75008 Paris, France,
Hereinafter referred to as " Maison Charlotte",
And people, individuals or not, wishing to make a purchase via the e-commerce site www.maison-charlotte.fr, hereinafter referred to as “Customers” or the “Customer” on an individual basis.
Maison Charlotte and Customers together hereinafter referred to as the “Parties”.
The site www.maison-charlotte.fr hereinafter commonly referred to as the "Site de Maison Charlotte».
Maison Charlotte sells its products remotely either via the Internet (site or e-mail), or by telephone, or by fax, or by post. Maison Charlotte does not have a store outside of its website. All products sold by Maison Charlotte are listed on the company's website (hereinafter referred to as the "Products").

Subject (dropdown menu)

These general conditions of sale aim to define the terms of sale between Maison Charlotte and its Customers, from the order to the delivery, through the use of the services made available by Maison Charlotte and by payment. They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the Parties.
If these should be different depending on the quality of the Client, individual or company, these differences would be clearly mentioned.

Scope

These General Conditions of Sale govern the sale of the Products found on the Site of Maison Charlotte on the day the order is placed by the Customer. They apply to all ordering methods offered by Maison Charlotte, whether the order was placed by Internet, by e-mail, by telephone, by fax or by post.
If the present GCS were to be different according to the method of placing the order, these differences would be clearly mentioned.

The command

Ability to enter a contract

The purchase of a product found on the site Maison Charlotte not being an act of management of daily life, in view of compliance with article 1124 of the civil code, any customer of the company Maison Charlotte declares to have the capacity to contract under the conditions described below, that is to say to be an emancipated minor or to be of legal majority and not to be protected within the meaning of article 488 of the Civil Code.
Maison Charlotte reserves the right to refuse any Order from a Customer with whom there is or appears during the processing of an Order a dispute, in particular a payment dispute.

Acceptance of the Conditions by the Customer

These Conditions can be read directly on the Site of Maison Charlotte. At the Customer's request, they can also be sent by e-mail, fax or post. The fact for the Customer to tick the box “I have read the general conditions of sale and I accept them” before validating his order automatically entails the express acceptance by him and without restriction or reservation of these Conditions. The Customer acknowledges by this act having read and understood these Conditions and accepts them. The purchase by e-mail, by telephone, by fax or by post also implies acceptance of these Conditions which he acknowledges having previously read, understood and accepted under the conditions mentioned above.

Product Features

In accordance with article L 111-1 of the consumer code, Maison Charlotte endeavors to present as well as possible, on the technical data sheets of the Products, the essential characteristics of the latter of which the Customer must be aware.
Maison Charlotte reserves the right to modify the assortment of Products according in particular to its constraints.
The information and characteristics are those given by Maison Charlotte. The photographs and graphics presented on the sites or in the e-mails sent by Maison Charlotte are the responsibility of Maison Charlotte. The difference in perception of shapes and colors between the photographs or graphics presented and the Products cannot engage the responsibility of Maison Charlotte. Maison Charlotte will make its best efforts to ensure that the photographic representation of the Products on the Site of Maison Charlotte be as faithful as possible. It is nevertheless possible that the perception of the Product(s) does not fully correspond to the Product(s). The Product(s) are presented in photography sometimes with other Product(s). The description will mention what is or is not part of the Product.
Unless otherwise specified on the Site of Maison Charlotte, all Products sold by Maison Charlotte are new, and comply with the legislation of the European community in force and the standards applicable in France.

Date of the order

The Date of the order is deemed to be that:
– the date of receipt of payment

However, this validation date is subject to the conditions linked to the anti-fraud controls put in place by Maison Charlotte. If additional administrative documents are requested in order to ensure the identity of the author of the order (see paragraph “Checks to avoid any fraud” below). In this case, the Order Date will be either that above or that of receipt of the requested documents, the Order Date then being the later of the two.
The deadlines indicated on the Site of Maison Charlotte only run from this Order Date described above.

Checks to prevent fraud

In order to prevent fraudulent use of means of payment, Customer accounts, delivery addresses, and in order to further secure Customer transactions, Maison Charlotte performs checks on orders placed by its Customers.
As part of these checks, the Customer may be asked to send us administrative documents such as: Proof of identity and/or proof of residence (landline telephone bill, receipt for electricity, gas, water, …), and for companies: KBIS extract less than 3 months old.
As part of these checks, if the supporting documents were not sent to us or if the documents sent did not allow us to establish with certainty the identity of the author of the order and the reality of the direct debit, we could not validate the order and it would then be canceled.
Reimbursements corresponding to these orders could not then be made without a certain number of checks necessary to identify the Payer of the order.

Information provided when ordering

The Customer is responsible for the accuracy and completeness of the information in his Customer account and his order to ensure its proper processing. Thus, in particular, the Customer's address and the delivery address of the order is under his full responsibility. Maison Charlotte can not guarantee the consequences or be held responsible for additional delivery times, or additional delivery costs. The costs incurred by Maison Charlotte resulting from errors in the information provided by the Customer will be borne by the Customer, in particular the costs of reshipping the order.

Price

The prices of the Products are indicated in euros, all taxes included and excluding shipping costs. They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be passed on to the prices of the Products after the date of entry into force of the new applicable rate. The VAT rate applied is in percentage of the value of the goods sold and depends on the type of material purchased: 20% or 7% for delivery in Metropolitan France, Corsica and Monaco.
On 01/01/2014, in accordance with article 68 of the 3rd amending finance law, the rates applied will become 20% and 10% respectively.
The prices of eco-contributions are indicated clearly, distinctly and in accordance with the legislation in force in the Product sheets and in the order summary. These eco-contributions are subject to 20% VAT.
Manufacturers' prices for Maison Charlotte are likely to evolve. The prices displayed on the site are therefore subject to change at any time. They are also likely to vary for reasons of introductory prices, promotions or sales.
All prices are given subject to manifest typographical error or purely material computer labeling error.
The applicable price is that indicated on the Site of Maison Charlotte on the date of registration of the order by the Customer.

Shipping fees

Shipping costs are invoiced to the Customer according to the weight of the package (excluding packaging) and the place of delivery. They are subject to 20% VAT. They are indicated to the Customer before the final registration of the order.

Discounts and gifts

Only one individual discount (e.g. promo code) is granted per order. When purchasing a Product in multiple quantities, the discount applies to all items, unless otherwise stated in the notice sent with the promotion or discount code. The same applies to the products offered (only one gift or set of gifts per Customer).
In the event that a computer problem leads to a duplication of discounts or gifts, the invoice will be blocked until payment is regularized or the order is cancelled. Gifts are offered based on the Product purchased. These gifts are listed on the pages of the Products in question or in the personalized offer sent to the Customer. Discounts, promotion codes, gifts, or vouchers are valid within the limits of the expiry dates mentioned either on the Site of Maison Charlotte, either in the letter or e-mail accompanying the description of the special offer, and within the limits of available stocks.
If the customer is entitled to gifts, he must ensure that they are properly registered on the order form. If this is not the case, he must contact the customer service of Maison Charlotte. The customer cannot claim any reduction or compensation in the event that he refuses the gifts offered to him, Maison Charlotte covering all costs relating to these gifts, including postage.
Gifts are not guaranteed, taken back or exchanged.

Promo Codes and Vouchers

Unless otherwise stated, the promo codes offered by Maison Charlotte or available on partner websites are subject to certain conditions:

  • Promo codes offering immediate discounts cannot be combined with products already on sale (sales included) as well as with room packs (unless otherwise stated in the conditions of the offer)

Promo codes cannot be combined with each other.
Unless otherwise stated, the purchase vouchers automatically or manually allocated are for single use (usable in 1 time) and valid for 6 months from the date of invoicing.

Placing an order

The individual Customer can place his order with Maison Charlotte either via the Internet network on the Site of Maison Charlotte, either by e-mail, or by telephone, or by fax, or by post.
When the order is placed by e-mail, by fax or by post, the placing of the order must include the information necessary to process it under good conditions.
In all cases, the identification of the Customer allowing the registration of the order must contain at least the following information:
– the Customer must identify himself by mentioning all the information usually requested for online registration;
– The Customer must clearly identify the selected Products with the computer products indicated on the Site of Maison Charlotte, references including the wording of the product, the range, color options, sizes, etc. In the case of Products comprising options, these precise references appear when the correct options are selected;
– The Customer must also indicate the quantities requested;
– The Customer must also clearly indicate the information necessary for the delivery. This concerns in particular the precise delivery address as well as any restrictions on accessibility of the place of delivery (refer to the paragraph concerning deliveries);
– The Customer must indicate the chosen delivery method;
– Finally, the Customer must also indicate the method of payment chosen.

Product Availability

Maison Charlotte works on the basis of just-in-time stock or direct order from its manufacturers. Therefore, depending on the case, the Products are available within the limits of available stocks at Maison Charlotte.
Products available in stock Maison Charlotte for fast delivery are accompanied by the words “Shipped within 24-48H” or “Scheduled shipping on Day/Month”. The availability of a Product can vary very quickly depending on sales. Maison Charlotte performs a very frequent update of availability, but cannot be held responsible if the stock is no longer the same as that indicated. More precise information can be given to the Customer by telephone, e-mail or fax.
Products not available in stock Maison Charlotte may appear with the mention of a shipping time frame such as “within 1 week”, “within 10 days”, “within 15 days”, “within 20 days”, “between 2 to 6 weeks”, etc… This shipping time then corresponds to the time required to Maison Charlotte to be delivered by the manufacturer and ship the package to the Customer.

When a Product is mentioned “Product not available”, it cannot be put in the basket or sold. It will only be available for sale again when the products are available in stock. Maison Charlotte. When the Product is not in stock at Maison Charlotte and that the announced deadline is therefore of the type “within 30 days”, Maison Charlotte will inform the Customer of any possible delay in delivery by e-mail. This deadline being a guarantee of Maison Charlotte, the Customer will be entitled to request the cancellation of his order and to request a refund. The refund will be made as soon as possible and at the latest in accordance with the regulations within 14 days.
Si Maison Charlotte cannot obtain a Product ordered from its manufacturer, it will notify the customer of the expected delay by e-mail. The latter may then choose to cancel his order, on the basis of this new information. In accordance with the regulations, no cancellation penalty will be applied for such an order cancellation. In the event of a cancellation, the refund will be made as soon as possible and at the latest in accordance with the regulations within 14 days.
No compensation for cancellation (apart from the full reimbursement of the Order) may also be requested, such unavailability resulting from the delay in updating these unavailabilities.
Maison Charlotte undertakes to honor orders received only within the limit of available stocks of the Products. In the absence of availability of the Product(s), Maison Charlotte undertakes to inform the Customer as soon as possible. However, the availability update being frequent, such unavailability could only be the result of a computer error.
In the event of unavailability, Maison Charlotte may offer the Customer a Product of equivalent quality or price. The Client's formal agreement will then be requested by Maison Charlotte before any shipment.

Order confirmation

Any order validation entails a payment obligation.
An e-mail is automatically sent to the Customer to confirm the order taking, provided that the e-mail address indicated in the registration form does not contain an error.
Maison Charlotte does not send an order confirmation by post or fax.

Order cancellation

The Law guarantees the Customer the possibility of retracting within 14 working days after receipt. In order to better inform the Customer of his right of withdrawal, Maison Charlotte will send him a withdrawal form at the latest when confirming the order.
Right of withdrawal within the meaning of article L121-20-1 of the Consumer Code: It is exercised when the Customer has received his order and he wishes not to keep one, several, or all of the Products of his Order within 14 days of delivery.

Rules common to the right of withdrawal and cancellation of order:

Scope and conditions of application of the cancellation and/or withdrawal conditions
Certain Products and Services may not be subject to the right of withdrawal in accordance with Article L 121-20-2 of the Consumer Code, limiting conditions which are extended to the possibility of Order cancellation. Especially :
– supply of services whose execution has begun with the agreement of the consumer before the end of the period of fourteen clear days
– supply of Products made according to specifications or clearly personalized, or which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly (case of non-standard products as defined above)
– Unsealed software, audio and video recordings
– Newspapers, periodicals or magazines
In addition to these conditions, the additional services which would have been carried out on the date of cancellation such as the installation, the recovery of the old one, the assembly cannot be the subject of cancellation or withdrawal. The old products which would have been taken back within the framework of these services cannot also be returned, being the subject of a return by specialized channels.

Conditions related to exchanges and refunds

The right or the possibility of exchange or reimbursement only applies to the extent that the Product is returned in perfect condition for resale, packed (or repacked) in its original packaging, complete and showing no trace of shock. , malfunction or obvious signs of use (assembled furniture, for example). Maison Charlotte reserves the right to refuse this exchange or refund if the Products received in return do not comply with these conditions. Special furniture orders cannot be canceled after 7 days from the day of the order. Furniture cannot be taken back after receipt.

Exchange case

The exchange request must be made within 14 days from the date of receipt of the Product concerned. If the new Product reference requested in exchange is for a higher amount, the Customer must pay the difference before shipping the new Product. Conversely, if the amount is less than the initial amount, the Customer's account on www.maison-charlotte.fr will be credited with this difference. The new Product can only be shipped after the exchanged Product has been returned. If the shipping costs related to the replacement Product were higher than the initial shipping costs of the Order, Maison Charlotte may ask the customer for an additional contribution to the shipping costs.

Returns policy

Any return without exception must be preceded by a writing (e-mail, fax, or post) to the after-sales service of Maison Charlotte. This is in no way a request for authorization, but a necessary guarantee to ensure a return with full traceability and security for the Customer. Maison Charlotte will then indicate to the Customer the procedure to follow.
Maison Charlotte reserves the right to refuse receipt of a return to its warehouses which has not been notified to it or which does not follow the prior instructions. A return that does not respect this procedure and for which the parcel(s) would have been lost during transport cannot be considered by Maison Charlotte. No compensation or reimbursement can then be demanded by the Customer who has not followed the instructions of the customer service in the context of an order cancellation and/or a withdrawal.

Application rules specific to the possibility of order cancellation (excluding the right of withdrawal):

Before shipment by Maison Charlotte or before receipt by the Customer, Maison Charlotte offers its Customers the possibility of canceling their orders at any time. This possibility extends the legal conditions of withdrawal provided for by law after receipt by the Customer. Several cases arise:
– The order has not been shipped: the cancellation is then taken into account immediately by Maison Charlotte without further procedure
– The order has already been completely or partially shipped. Maison Charlotte takes into account the cancellation on unshipped Products. For Products shipped, the Customer may refuse the package already shipped when it is presented. The cancellation will be taken into account when the Products are returned to our warehouses.
In these two cases: the Customer must contact the customer service of Maison Charlotte in order to signify this cancellation. A written confirmation will be requested from the Customer, either by e-mail, or by fax, or by post, in order to avoid any cancellation by a person other than the Customer.
This possibility of cancellation after shipment resulting in costs for Maison Charlotte, Maison Charlotte reserves the right to invoice the Customer for his management and cancellation costs.
Participation in shipping costs is the responsibility of the Customer. In the case of a partial cancellation, no reimbursement of participation in shipping costs can be claimed, this participation being fixed for the entire Order.
If the Order is canceled entirely and no package has been dispatched, the contribution to the shipping costs will then be fully refunded to the Customer.
Reimbursement takes place at the latest within 14 days following the exercise of the right of cancellation if the order has not been dispatched, and at the latest within 14 days following the return of the package to our warehouse if the order has been shipped.

Rules of application specific to the legal right of withdrawal

The withdrawal between the date of receipt of the order and the 14 legal days is defined by law. This withdrawal can be made without justification on all or part of the Customer's Order subject to the conditions defined in the paragraph “Rules common to the right of withdrawal and order cancellation”.

In this case: the Customer must contact the customer service of Maison Charlotte in order to notify this cancellation prior to any reshipment of the Product, indicating the Product(s) concerned. A written confirmation will be requested from the Customer, either by e-mail, or by fax, or by post, in order to avoid any cancellation by a person other than the Customer. This prior contact is intended to communicate to the Customer the return procedure as well as the documents to be attached to the return package to allow traceability and thus ensure a good return.
Return costs are the responsibility of the Customer.
In the case of a partial cancellation, no reimbursement of participation in shipping costs can be claimed, this participation being fixed for the entire Order.
For bulky Products, upon contacting customer service, Maison Charlotte may organize this return by appointment with the carrier designated by Maison Charlotte. The costs incurred by such a return are normally borne by the Customer. However, Maison Charlotte may only ask the Customer to contribute to these return costs, in particular in the case of exchanges. These conditions should be discussed with the Customer Service of Maison Charlotte.
Reimbursement takes place within 14 days following the exercise of the right of withdrawal, the reshipment of the parcels having been able to take place before. However, given the technical nature of certain products sold, this period may be extended to 45 days, in particular when the product needs a technical verification by the after-sales service of Maison Charlotte (these products must be tested beforehand).

Payment

Payment method

When a Customer is an individual, he can pay for his order:

  • By credit card
  • By Paypal
  • Wire Transfer

The Client guarantees to Maison Charlotte that he has the necessary authorizations to use the method of payment chosen by him.
Maison Charlotte reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. Maison Charlotte has set up an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. However, the consumer remains advised that Maison Charlotte can not be held responsible for any embezzlement or fraudulent use of any means of payment that would not have been detected by the verification procedure. As part of this verification, the customer may be asked to send by fax or email to Maison Charlotte a copy of an identity document and proof of residence. The order will only be validated after receipt and verification by our departments of the documents sent. In the absence of receipt of these documents within 14 days following the placing of the order, the latter will be deemed canceled automatically. Maison Charlotte retains full ownership of the products sold until full receipt of all sums owed by the consumer in connection with his order, including costs and taxes.

Invoice

The order confirmation sent by e-mail to the Customer by Maison Charlotte does not serve as an invoice. Whatever the means of order and payment adopted, the Customer has the original of the invoice in his online account follow-up. Maison Charlotte keep an electronic copy of each invoice. In the case of delivery to an address different from the billing address, the invoice is in any case only available in the online order tracking of the Customer's account and is therefore not attached to the packages.

Payment date

In the case of payment by bank transfer, the Customer's account will be debited for the amount of his purchases when the transfer is received in our bank account. In the case of payment by credit card or Paypal, the Customer's account will be debited from the time of his purchases to the time of validation of his order.

Transfer of ownership

Maison Charlotte remains the owner of the delivered Products until their complete payment by the Customer. The above provisions do not preclude, upon delivery of the Products, the transfer to the Customer of the risk of loss or deterioration of the Products subject to retention of title as well as the damage they may cause.

Delivery

Shipping times

Orders placed online via the www.maison-charlotte.fr website are collected every morning from Monday to Friday. Maison Charlotte processes during the day all orders recorded the day before until the time of the statement.
The preparation of an order can in principle last up to two working days including in particular the processing of the order, the preparation of the Products, the packaging and the invoicing before the dispatch of the available Products, this period taking effect on the Order date defined in “paragraph 4 – Order date”

As a reminder, the “Date of the Order” is deemed (see paragraph 4) to be that:

  • From the date of receipt of the bank transfer
  • From the date of validation of the order by credit card or Paypal

Maison Charlotte informs its Customers that these deadlines do not include Sundays and public holidays.

The deadlines mentioned in the examples above do not take into account any checks to prevent fraud mentioned in “paragraph 4 – Checks to prevent fraud”. Shipping times always take effect on the above-mentioned Order Date. They are given for information only and in no way represent a commitment on the part of Maison Charlotte.
In the event of partial unavailability of the Products, Maison Charlotte may be led to split shipments. Thus, the available Products may be shipped initially, the balance of the order being shipped when the other Products are available, without generating any additional cost for the Customer.
An e-mail is automatically sent to the Customer when the Products are dispatched provided that the e-mail address indicated in the registration form does not contain an error.

The customer can check the possible delivery days by contacting Customer Service by email at the address [email protected]. Indeed, the delivery days offered may vary depending on the carrier and the region.

Transport times and choice of carriers

Transport times depend on the weight of the Customer's order, the place of delivery and the availability of the products. If the products are indicated in stock:

  • Up to 1kg: Colissimo delivers to you within 72 hours, at your doorstep, from the date of shipment of your order
  • From 1kg to 14kg: DPD delivers to you within 48 hours, at your doorstep, from the date of shipment of your order
  • From 14 kg to 70 kg: Relais Colis delivers to you between 3 and 8 days, on the ground floor, at your doorstep, from the date of shipment of your order.

Maison Charlotte informs its Customers that the announced deadlines do not include Sundays and public holidays.

For unavailable products, please refer to the paragraph below).

Delivery time

The times displayed on the Product sheets are shipping times (refer to the paragraph “availability of the Products”).
Transport times are indicated in each item sheet and depend on the weight of the Customer's order.
Delivery times can be as follows:
– If the Products are in stock, the delivery time is equal to the shipping time (paragraph shipping times) plus the transport time (paragraph transport times and choice of carriers);
– If the Products are not in stock, the announced shipping time contains the time needed to supply the Product, and the delivery time is therefore always equal to the shipping time plus the transport time.
If it turns out that the shipping deadline cannot be met, a new deadline will then be communicated to the Customer, based on the data known by Maison Charlotte. In this case, a cancellation proposal will also be made to the Customer.
If, moreover, the payment had already been recorded for certain payment methods, a full refund proposal will also be sent to the Customer with the cancellation proposal.

Packing

The products are packaged in such a way as to comply with the transport standards in force, and to ensure optimal protection of the Products during their delivery. The Customer is asked to respect these same standards when returning a product, whether during an after-sales service, or when returning for convenience. Any damage observed to a product on return due to a problem with the level of packaging not respected may result in a partial refund or non-refund of the product in the event of impossibility of resale in the state or in the event of aggravation of the problem. indicated technique.

Order Tracking

The Customer may at any time consult the status of his order on the Site of Maison Charlotte by checking their account. This follow-up allows the Customer to know the processing status of his order, but also the shipping or delivery status of his packages. This last delivery follow-up is carried out in interface with the carriers' Internet means of follow-up. Maison Charlotte cannot therefore be held responsible for unavailability or errors that may affect the information provided by its carriers. Maison Charlotte nevertheless strives to make this information as clear as possible and to make the transport as reliable as possible.
The Customer may at any time contact the customer service of Maison Charlotte in order to be informed of the follow-up of his order.

Abroad for heavy and/or bulky delivery

Information valid for Germany, Belgium, Luxembourg, England, Italy, Switzerland, Spain
As soon as your order leaves our logistics platform, you will be informed by e-mail. The carrier will contact you within 7 working days to arrange an appointment for your delivery.
Deliveries are made Monday to Friday over a half-day time slot.
Shipping costs are calculated according to the total weight of your order, its volume and your place of delivery. (It is therefore necessary to complete the mandatory fields of the delivery address completely and without error).
Carriers are not required to deliver to you inside your home and are entitled to leave your package at the entrance of the building, or at the door of your house. We therefore advise you, as far as possible, to provide the help of a relative on the day of delivery, in case the driver cannot take the time to help you get your package inside the home.
You are asked to sign the delivery slip; If upon receipt of the package you find that it is defective, we invite you to open the package in order to observe, in the presence of the carrier, the condition of the products inside and refuse the damaged goods.
Notify our Customer Service immediately at [email protected].
For shipments outside the European Union, taxes are the responsibility of the recipient and will be requested at the time of delivery.
The invoice accompanies the package and a duplicate is sent to the customer at the billing address.
Customs charges are paid at the time of the order.
For any delivery abroad outside the countries mentioned above, please contact us at the following address: [email protected]

Returns & admissibility of reservations

Before returning your product, for whatever reason, please contact our Customer Service.

Reimbursement of delivery costs

In the event of cancellation of the order by the customer after the departure of the goods, the full shipping costs borne by the customer and not discounted will not be reimbursed.

For bulky furniture

If it turns out that the reason for return is due to an error on our part, the carrier or the manufacturer, we will be able to recover the furniture in question at our expense. Contact us at the following address: [email protected].
When buying your furniture, you must ensure that it can be delivered by elevator or internal staircase. Otherwise, the delivery person will drop off the goods on the ground floor.
You must check access to your home (road, parking, etc.) so that the delivery does not require the intervention of a light vehicle such as a van. Otherwise, the delivery person will offer you a second delivery or a delivery to a nearby place that is easier to access. If a second delivery were to take place, you would be invoiced for it.
Please let us know of any specific access problem (narrow street, upstairs access, pedestrian street, etc.) when placing your order.
Upon receipt and validation of your return, we will refund the payment within a maximum of 15 days. In the event that this reimbursement takes longer, we advise you to contact your bank.
If the reason for the return is not due to an error on our part, please go to article 14 of our general conditions of sale: right of withdrawal.
Special furniture orders cannot be canceled after 7 days from the day of the order. Furniture cannot be taken back after receipt.

THE RESERVATIONS

To allow the liability of the carrier to be called into question, the recipient must, at the time of delivery, take written reservations on the ticket (consignment note, delivery note, electronic medium or, failing that, any other document).
These reservations must be reasoned, significant and complete, that is to say clearly show the extent and importance of the damage. They must be precise as to the nature of the damage and as to the quantity of equipment concerned.
The reservations must constitute the equivalent of a photograph of the goods.
Any general, unmotivated or incomplete reservation will not allow the implementation of the carrier's presumption of liability but will, on the contrary, lead to a presumption of conforming receipt with regard to the recipient.
By application of the common law of evidence, the recipient will then have to prove that the damage already existed at the time of delivery in order to charge them to the carrier.
The mentions "subject to unpacking" or "counting" are devoid of any scope, as are incomplete mentions such as "torn cardboard".
The possibility of expressing reservations induces the right of verification possessed by the addressee. The carrier may not under any circumstances obstruct the exercise of the recipient's right of verification, a substantial element of regular delivery, also valid for relay delivery.
If he objects, the recipient will be entitled to refuse to accept the goods in this way and to require verification by means of a judicial expert, the costs of which must in any case remain the responsibility of the carrier, even if no damage is found, as well as the consequences of delay in delivery resulting from the implementation of this measure.
Similarly, the carrier cannot make the verification conditional on payment of the transport price or on the prior signature of the transport document, or even on the issue of a certificate stating that the shipment is in good external condition.
In the event that such mentions have not been made on the delivery note presented to the Customer by the carrier, no complaint relating to the condition of the product or the packages could be accepted a posteriori by Maison Charlotte
Please note:
Spontaneously or at the instigation of the carrier, it may happen that the recipient challenges the sender, in his reservations, by criticizing, for example, the packaging or the intrinsic quality of the goods.
This type of reservation is to be avoided because it risks causing the recipient to lose his recourse against the carrier since it characterizes a fault on the part of the exporting sender of responsibility, without however guaranteeing him a responsibility of the sender who will oppose the unilateral character of the allegation mentioned by the addressee without his presence.

THE LETTER OF PROTEST AND CONFIRMATION OF RESERVATIONS

The reservations made by the recipient demonstrate the existence of damage to the delivery and they trigger the mechanism of the carrier's presumption of liability.
French law also imposes the fulfillment of an additional formality: notification to the carrier of a reasoned protest within a very short time and under very specific conditions; compliance with this formality determines the admissibility of subsequent action against the carrier for partial loss or damage.
Article L. 133-3 of the Commercial Code provides:
"Receipt of the objects transported extinguishes any action against the valet for damage or partial loss if within three days, not including public holidays, which follow that of this reception, the recipient has not notified the valet, by extrajudicial act or by registered letter, his reasoned protest. If, within the period provided for above, a request for an expert report is made pursuant to Article L. 133-4, this request constitutes a protest without it being necessary to proceed as stated in the first paragraph. All contrary stipulations are null and void. This last provision is not applicable to international transport. »
The dispute must be formulated by the recipient.
The effectiveness of this protest is subject to 2 conditions:

The form and the deadline

The protest must be notified to the carrier by extrajudicial document or by registered letter within 3 days, not including public holidays, following delivery. The 3-day period therefore starts from the day after delivery, but the protest sent the same day is valid.
The requirements of Article L. 133-3 of the Commercial Code are satisfied when the registered letter is posted within the legal period of 3 days, regardless of whether it reaches the carrier after this period or refuses to accept it.
When the transport of a consignment of goods is the subject of a single contract, although split in its execution, the starting point of the three-day period is the day of the last delivery constituting the balance of the consignment being subject of the contract of carriage.
Saturday counts for the calculation of the deadline, from which only Sundays and public holidays are excluded.
The provision of article 642 of the Code of Civil Procedure under the terms of which “the period which would normally expire on a Saturday… is extended until the first following working day” is inapplicable to the three-day period of article L. 133- 3 of the Commercial Code which is not a procedural deadline but a prescribed prefix deadline under penalty of forfeiture.

the Motivation box

The protest must be substantiated, that is to say contain, with all useful details, the statement of the recipient's grievances. This motivation must not be vague or general and at least likely to shed light on the type and scope of the damage or losses discovered (list of damage suffered by the equipment transported, etc.).
If a reasoned protest is not sent within the required period, action against the carrier is no longer possible.
As an exception, case law refuses the foreclosure of the action against the carrier in the presence of the acceptance by the carrier of the reservations formulated by the recipient at the very moment of delivery.
The fact that the driver does not contest or contradict the reservations made in his presence constitutes unequivocal acceptance of these reservations and therefore dispenses with compliance with the formality of Article L 133-3 of the Commercial Code.
In other words, the addressee is therefore no longer foreclosed if he refrains from sending a registered letter within three days after having made "good reservations" on delivery in the presence of the driver if the latter does not has not refused them or taken contrary reservations.
ATTENTION: when you sign the carrier's delivery note, you acknowledge having received the goods in good condition. You therefore relieve the carrier of all liability. Any damage subsequently identified may be deemed to have been caused by you.
In addition, the reservations on the carrier's delivery note are not sufficient: they must be confirmed by registered letter. within a period of 3 days .

Control upon delivery

Upon delivery of a package, it is imperative to ask to check the package, both the exterior and the content in order to notify reservations if the ordered product is missing, incomplete or damaged.
Please note that general reservations such as “subject to unpacking” have no legal value.
It will therefore be necessary to issue precise reservations, define the missing products or the damage on the delivery note and within 3 days of delivery, confirm their reservations with the carrier by registered letter with acknowledgment of receipt while informing the seller in parallel.

Some examples of reservationsopérants/uncharacterized

Open, smashed, crushed, damaged parcel, damaged cardboard, damaged parcel, without describing any subsequent damage to the goods.
Trace of shocks
Pallet broken or fallen from the truck; missing X pieces, not to mention that the packaging is no longer secure.

What reservations should be indicated on the delivery note?

"Damaged package" et “damaged product”.

What to do if you are refused control of the package?

Very regularly the delivery person (or the depositary) does not accept that you open the parcel before validating the reception or does not want to wait.
However, he has the obligation to do so, as the courts and more particularly the Court of Cassation have pointed out on various occasions, in particular in two judgments:
Thus “the recipient has the right to demand, before taking delivery, both internal and external verification of the packages” (cass civ 22/11/1933). If the carrier has refused this right to the recipient, thus preventing him from checking the goods, the carrier cannot invoke the absence of reserve and confirmation by registered letter (cass 27/04/1921).
Therefore, it is imperative to indicate that you have been refused the possibility of checking the contents of the package on the receipt note that you will sign and inform the carrier of the damage noted after checking the package by registered letter.
Force Majeure Access
If our carrier is led to use a ferry or any other force majeure access during home delivery, Maison Charlotte reserves the right to re-invoice the excess on the total amount of transport.

Guarantees

Defects on delivery

Carrier-related delivery delays

In the event of a delay in delivery in relation to the deadlines announced by the carriers, the Customer must first contact the carrier or its distribution office in the case of La Poste. In all cases of significant delays, the Customer must contact Maison Charlotte in order to open a dispute or investigation file to search for the package.
It happens that parcels are misplaced by carriers. The deadlines imposed by the carriers imply that the Customer declares the loss within 10 days of receipt of the shipping notice from Maison Charlotte. In these conditions, Maison Charlotte undertakes to make the necessary claims with the carrier concerned.
If the package was not found, Maison Charlotte make a new delivery of the same Product (within the availability period) or offer reimbursement to the Customer.

Damaged packages

The Customer must check the condition of the package before the carrier and make the necessary reservations on the delivery note in the event of partial or total deterioration. In the absence of reservations, the goods are deemed accepted by the Customer and cannot be disputed regarding their delivery. The Customer must, after issuing these reservations, notify customer service within 48 hours by e-mail so that Maison Charlotte can take the necessary measures as quickly as possible, both from the point of view of returning the product to its warehouses and from the point of view of a new delivery. In the event of no notification, Maison Charlotte cannot be held responsible for a long delay in taking charge of the new delivery. In the case of a shipment made by La Poste, if the package arrives open or damaged, it is essential that the customer has the delivery person on whom he depends draw up a "spoliation report" (report 170) so that Maison Charlotte can initiate an investigation and compensation proceedings.

Strikes

In the event of a strike by La Poste services, carriers or any other event of an exceptional nature slowing down or preventing the delivery of parcels, Maison Charlotte will make every effort to inform the customer of the status of the shipment of his package, but cannot be held responsible for any delays caused.

Legal guarantee

Notwithstanding the specific and contractual warranties, Maison Charlotte informs its Customers that they have on all Products the legal guarantee of conformity of the Product to the sales contract under the conditions provided for in articles L.211-1 and following of the Consumer Code and redhibitory defects under the conditions provided for in articles 1641 to 1649 of the Civil Code.
In the event that an amicable solution was sought prior to any legal action, we remind you that this search does not interrupt the time limits provided for initiating an action concerning this legal guarantee, nor, moreover, the duration of the specific and contractual guarantees.

Article L211-4 of the Consumer Code:
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. "

Article L211-5 of the Consumer Code:
"To comply with the contract, the product must:
1°/ Be fit for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities presented by the latter to the purchaser in the form of a sample or model;
- present the qualities that a purchaser may legitimately expect in the light of the public declarations made by the seller, the producer or their representative as, for example, in advertising material or labeling;
2°/ 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 knowledge of the seller and which the latter has accepted. »

Article L211-12 of the Consumer Code:
“The action resulting from the lack of conformity lapses two years after delivery of the goods. "

Article 1641 and XNUMX of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price, if he had known them. "

Article 1648 of the Civil Code, paragraph 1:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "

Responsibility

Maison Charlotte is released from its delivery obligations in the event of force majeure.
Maison Charlotte disclaims any liability for the misuse or misuse of the products that the customer has ordered.
The total or partial impossibility of using the products, in particular due to incompatibility of hardware or software, cannot give rise to any compensation or reimbursement or questioning of the responsibility of Maison Charlotte;
The sites linked directly or indirectly to the Sites of Maison Charlotte are not under the control of Maison Charlotte. Consequently, the company assumes no responsibility for the information published on these sites. Links to third-party sites are provided for convenience only and do not imply any endorsement of their content.

Tax refund

For all the products that the consumer intends to transport outside the European Union and DOM-TOM, obtaining an export sales slip from our services will allow him, after returning the pink flap stamped by customs, to obtain a refund of the VAT rate of the product or the corresponding order. We remind you that the calculated price mentioned on the invoice will be inclusive of all taxes. We invite the consumer beforehand to read and check all the conditions required to benefit from the tax exemption of his goods. If the consumer meets all the conditions required by customs, he must apply for an export sales slip by fax to our services and accompany it with a double-sided copy of an identity document (passport, identity card, consulate registration card, etc.). In the context of the relocation of an order or a product to a country other than metropolitan France, we remind you that you remain the importer of the product(s) concerned. All customs duties, other local taxes, import duties or State taxes that may be payable will not be the responsibility of Maison Charlotte. It is your sole responsibility to inquire with the local authorities and to take responsibility for the corresponding declarations and payments with the competent authorities and organizations of the country concerned.
The responsibility of Maison Charlotte can not be held liable in the event of non-compliance with the legislation of the country where the products will be sent by the consumer. It is up to the consumer to check with the local authorities the possibilities of importing or using the products or services that he plans to transport, to ensure that their technical and operating specificities specific to the manufacturer comply with the legislation of the country concerned.

Signature, data protection, payment security

Nominative and personal data

Visitors or Customers of the Site of Maison Charlotte have at any time a right to access, modify, rectify and delete data concerning them in application of article 34 of the law “Informatique et Libertés” of January 6, 1978.
When registering a visitor or placing an order from a Customer, or in the context of other opéraspecific information on the website www.maison-charlotte.fr, Maison Charlotte is required to collect personal data, that is to say information allowing the identification of the individual, in particular his first name, surname, e-mail address, telephone number, postal address. When the Visitor or the Customer decides to communicate this personal data on www.maison-charlotte.fr, he expressly gives his consent for the collection and use of this data in accordance with the legislation. The visitor or Customer may at any time modify his subscription through the hypertext link appearing at the bottom of the offers received by e-mail. Maison Charlotte reserves the right to collect data on the Customer including through the use of cookies. Maison Charlotte may for commercial purposes transmit to business partners the identity and contact details of its visitors or Customers. Maison Charlotte undertakes to take into account in an effective manner the modifications of subscription and partial or total unsubscription to the commercial e-mails distributed by it on behalf of its Site as soon as possible according to the necessary processing.

Intellectual property rights

All elements of the Site of Maison Charlotte, whether visual, graphic, video or sound, including the underlying technologies used, are protected by copyright, trademarks or patents. They are the exclusive property of Maison Charlotte.
Any person with an Internet site wishing to place on his site a simple link referring directly to the Site of Maison Charlotte must request permission from Maison Charlotte. An authorization given by Maison Charlotte will in no way constitute an implicit agreement of affiliation and will in no case be given definitively. On simple request of Maison Charlotte, this link should be removed.
Any hypertext link referring to the Site of Maison Charlotte and using techniques such as “framing” or “in-line linking” is strictly prohibited.

Entire Terms

A change in legislation, regulation or a court decision rendering one or more clauses of these General Conditions of Sale null and void shall not affect the validity of these General Conditions of Sale. Such a change or observation could in no way allow the Customer not to respect these General Conditions of Sale.
If a condition was not explicitly mentioned, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

Duration and application

These Conditions apply to all purchases made on the Site of Maison Charlotte as long as the www.maison-charlotte.fr store is online. These Terms are subject to change at any time by Maison Charlotte. The applicable Conditions are those in force on the date of registration of the order.

Territoriality and applicable law

Customers who order via the Site of Maison Charlotte exclusively in French, are deemed to buy in France and are therefore subject to French law. In the event that the Customer is a professional placing his order within the framework of his professional activity, the attribution of jurisdiction in the event of a dispute, and in the absence of an amicable agreement between the Parties, will be given to the competent courts of Lyon.