Terms and Conditions

1. SCOPE AND PURPOSE OF THE TERMS AND CONDITIONS

These General Terms and Conditions of Sale (or "GTC") apply, without restriction or reservation, to all sales concluded by MAELI, SASU registered with the RCS of Paris under number 894 518 661, whose registered office is in Paris – 25 rue de Lancry, 75010, represented by its legal representative, duly authorized for the purposes hereof, ("the Seller") with non-professional buyers subject to ("the Clients" or "the Client" or "the Buyer" or "the Buyers"), wishing to acquire the products offered for sale by the Seller ("the Products") on the website " www.maeliparis.com " ("the Site").

The Site is an e-commerce platform that allows users to purchase products as defined below. The Terms and Conditions of Sale (T&Cs) specify, in particular, the ordering and payment conditions. The Site and the Products are intended exclusively for private individuals and are not intended for professionals; therefore, they are subject to Articles L. 111-1 et seq. of the French Consumer Code.

The General Terms and Conditions of Sale govern exclusively the activity of selling Products and subscribing to a Subscription as offered on the Site.

Acceptance of the General Terms and Conditions of Sale (GTC) occurs upon final confirmation of the Order by checking the box "I accept the general terms and conditions of sale" as described in Article 4.2 of the GTC. This acceptance must be complete and unconditional. Any conditional acceptance will be considered null and void.

These Terms and Conditions are accessible at any time on the Website and shall prevail, where applicable, over any other version or contradictory document. The Customer declares having read and accepted these Terms and Conditions by checking the box provided for this purpose before initiating the Order process. The Seller reserves the right to modify the terms, conditions, and provisions of these Terms and Conditions at any time.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. These Terms and Conditions are effective and binding on users of the Website from the date they are published online. Order confirmation constitutes acceptance of these Terms and Conditions without restriction or reservation. The Customer acknowledges having the legal capacity to enter into a contract and purchase the Products offered on the Website. The applicable Terms and Conditions are those in effect on the date the Order is placed.

These General Terms and Conditions are permanently accessible in a computer format allowing them to be printed and/or downloaded (in accordance with Article 1125 of the Civil Code), so that the Client can reproduce or save them.

These General Terms and Conditions sent to the Client form a contractual agreement summarizing all the agreements made between the parties.

It is specified that purchases of Products on the Site are reserved for non-commercial individuals acting as consumers and possessing full legal capacity. The Site does not allow the purchase of Products for resale.

By the sole act of validating his Order, the Buyer declares to have read, understood and accepted without reservation the terms of said Order or Subscription as well as the entirety of these Terms and Conditions.

2. DEFINITIONS

“Buyer or Customer”: A natural person of legal age who is a consumer acquiring one or more Products for their personal needs, or subscribing to a subscription through the Site;

“Order”: Purchase order from the Buyer for one or more Products via the Site;

“Party(ies)”: Buyer and/or Seller;

“PDF Sewing Patterns”: a PDF format pattern + an explanatory booklet that illustrates in images and/or texts the steps of making the garment and includes the cutting plan of the garment;

“Site”: The merchant site accessible from the French version of the website on which MAELI, the Seller, offers the Products for sale;

“User”: Any person using the Site or any of the services offered on it.

3. SITE ACCESS AND TERMS OF SALE

3.1 Access to the service

The Site is accessible free of charge to all Users. The Site's services are normally available to Users 24/7, 365 days a year, except in cases of planned interruptions, particularly for maintenance purposes, or for any other reasons beyond the Seller's control, including issues related to the operation of the Internet, the IT and network infrastructure necessary for the Site's operation, or force majeure. As the Seller is bound by an obligation of means, it cannot be held liable for any damages of any kind resulting from the Site's unavailability.

3.2 Customer Account

The Site is freely accessible without registration; no Order requires mandatory registration.

3.3 Terms and conditions of sale for patterns

Patterns are sold exclusively through the Website. When placing an order, the Customer must complete a form including their personal data. The information provided to the Seller must be accurate. The Customer is responsible for ensuring its accuracy and completeness when placing the order. The Seller cannot be held liable for any errors in the information provided.

4. ORDER

4.1 Placing the Order

Orders are placed in French and in Euros (€). All orders may be placed by the Buyer directly on the Website and constitute an obligation to pay. For all orders, the Buyer is responsible for all telecommunication costs incurred when accessing the internet and using the Website. All the necessary steps for placing an order are indicated on the Website.

When placing an order, the Buyer agrees to provide the information requested and warrants that it is true.

Any Buyer validly registered on the Site will be bound by any Order, definitively validated, which required the entry of their email address and personal password, subject to the right of withdrawal defined herein.

In accordance with the provisions of Article 1127-1 of the Civil Code, the Buyer will have the opportunity, before definitively validating his Order, to return to the previous pages and to correct and modify his Order and the information provided previously before confirming it to express his acceptance.

The Seller shall not be held liable for any errors made by the Buyer when entering information, nor for any resulting delays or delivery errors. In such cases, the Buyer shall be responsible for any costs incurred for reshipment.

4.2 Order Confirmation

Order confirmation is carried out in accordance with the provisions of the Consumer Code according to the "double click" process.

The "double-click" process consists of:

– a first click to place the Product in the basket;

– a second click to validate the basket after having been given the opportunity to check the contents of the Order and to modify, if necessary, the contents of the basket and the information relating to the payment and delivery of the Order.

It is specified that order confirmation obligates the Buyer to immediate payment. Once the order is confirmed by the Buyer via their "double click," an email acknowledging receipt of the order and summarizing all relevant information will be sent to the Buyer as soon as possible, and at the latest upon delivery. The Buyer must therefore provide a valid email address when completing the personal information fields.

Any order validated by the buyer through the "double click" process (double validation) constitutes an irrevocable acceptance that can only be challenged within the limits stipulated in these Terms and Conditions. In particular, any order constitutes express and irrevocable acceptance of the prices and descriptions of the products available for sale.

The Seller reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and stage of execution, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders or Subscriptions.

5. PRODUCT PRICES AND PAYMENT

5.1 Price

The Products are supplied at the prices in effect on the Website at the time the Seller registers the Order. Prices are expressed in euros, excluding and including VAT, and excluding delivery charges, which remain the responsibility of the Buyer unless otherwise stated or under specific conditions. More specifically, the price does not include processing, shipping, transport, and delivery charges, which are billed separately, under the conditions indicated on the Website and calculated prior to placing the order.

Not included in the price is any product that is not intended for sale.

The prices shown include any discounts offered by the Seller on the Site. These prices are fixed and non-negotiable during their validity period, as indicated on the Site. Outside of this validity period, the Seller reserves the right to change prices at any time.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees. An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.

The Seller reserves the right to modify the prices of the Products displayed on the Site. In any event, the Products will be invoiced to the Buyer based on the prices in effect at the time the Order is validated.

5.2 Payment Terms

All orders are payable in euros, and payment is made online using a bank card or the customer's PayPal account. The buyer is debited for the full amount shown on the order summary on the day the order is placed.

The Buyer warrants to the Seller that they are fully authorized to use the payment card or PayPal account for payment of their Order and that these payment methods legally provide access to sufficient funds to cover all costs resulting from their Order on the Site. The Seller shall not be held liable for any fraudulent use of the payment method used. The Seller reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature or stage of completion, in the event of non-payment of any sum due by the Buyer or in the event of a payment incident.

The different payment methods accepted for Orders on the Site are as follows:

– Payment by bank card (Visa, Mastercard, American Express);

– Payment via PayPal account.

The data provided for credit card payments is processed securely by PayPal. The Seller has no access to this bank information and does not store it on its servers; therefore, this information is systematically requested for each new transaction on the Site.

The Seller reserves the right to refuse to make a delivery or to fulfill an Order from a Buyer who has not fully or partially paid for a previous Order or with whom a payment dispute is being administered.

In all cases, the online provision of the bank card number and the final validation of the Order shall constitute proof of the entirety of said Order in accordance with Article 1366 of the French Civil Code and shall render the sums committed by the selection of the Products appearing on the Order form due and payable. This validation constitutes a signature and express acceptance of all operations carried out on the Website. The computerized records, stored in the computer systems of the Seller and its partners under reasonable security conditions, shall be considered proof of communications, Orders, and payments made between the Buyer and the Seller. The archiving of Order forms and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1379, paragraph 2 of the French Civil Code.

6. DELIVERY

6.1 Delivery of the PDF Pattern Product

The PDF pattern product is a digital product. It is not subject to delivery or any fees. Once the product is purchased and the order is confirmed, the customer can access their pattern via the platform or directly by downloading it from their order confirmation email.

6.1 Delivery of the Clothing Product

To ensure responsible production, a pre-order period of approximately two weeks (the exact deadline is available on each product page) is offered for order collection initially. Once this period has passed, the garments will be produced. Therefore, please allow approximately two weeks before receiving your order. We will contact you to keep you updated on the progress.

6.2 Delivery charges

For all clothing orders, prices vary depending on the shipping method: delivery to a collection point or delivery via Colissimo. Each price is displayed before ordering.

6.2.1 Delivery Zones

The clothing item is available for delivery exclusively within France. The garment is shipped via Colissimo; tracking information will be sent to the buyer upon shipment.

7. RIGHT OF WITHDRAWAL

7.1 The boss

By purchasing the PDF pattern, the customer waives their right of withdrawal. Therefore, the provisions of Article L. 121-21 of the French Commercial Code do not apply to the purchase of a Subscription under the conditions set forth in these General Terms and Conditions.

7.2 Clothing

You have fourteen days from the date of receipt of the garment to exercise your right of withdrawal. To do so, please contact the seller at the following address: bonjour@maeliparis.com

7.3 Return and refund procedures

Any exchange or return must be declared by the Customer to MAELI SASU, via the Site's contact form.

The Products must be returned by the Customer no later than fourteen (14) days after notifying them of their decision to withdraw. The return shipping costs are the responsibility of the Customer.

The Product must be returned by the Customer in its original packaging or any equivalent packaging and in perfect condition (allowing for resale, having not been worn or washed), in order to request an exchange, refund or credit note without penalty.

If the package is lost or damaged during the return process, the cost of the damage is the responsibility of the customer.

Products that are not returned within the time limits and conditions mentioned above will not be refunded or exchanged.

In accordance with Article L. 221-24 of the French Commercial Code, MAELI SASU undertakes to reimburse the sums received for the Order or Pre-order within fourteen (14) days. This period begins on the earlier of the following two dates: (i) receipt by Six et Sept of the returned Products or (ii) receipt by Six et Sept of proof of shipment of the Products by the Customer.

The refund will be issued as a credit to the customer's bank account associated with the bank card used to pay for the order or pre-order. If you have changed bank accounts, please remember to provide your new bank details to your previous bank.

7.4 Applicable Law

These terms and conditions are governed by French law. In the event of a dispute or complaint, the Client should first contact MAELI to seek an amicable solution.

The Customer is informed that any consumer may have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional. Consumer mediation applies to any national or cross-border dispute between a consumer and a professional arising from the performance of a sales or service contract.

You can either contact a consumer mediator from the list on the consumer mediation website ( click here ), or fill out the automated complaint form to get in touch with a dispute resolution body ( click here ).

The consumer mediator will not be able to accept the request if:

1° The Client does not justify having attempted, beforehand, to resolve his dispute directly with the company MAELI by a written complaint according to the procedures provided;

2° The request is manifestly unfounded or abusive;

3° The dispute has been previously examined or is currently being examined by another mediator or by a court;

4° The consumer submitted his request to the mediator more than one year after his written complaint to the company MAELI;

5° The dispute does not fall within its area of ​​competence.

The consumer is informed by the mediator, within three weeks of receiving their file, of the rejection of their mediation request.

In the absence of recourse to mediation, the courts of the jurisdiction where the company's registered office is located will have jurisdiction.

8. INTELLECTUAL PROPERTY

All elements published on the Site, such as sounds, images, photographs, videos, texts, animations, programs, graphic charters, utilities, databases, software, and other underlying technology, are protected by the provisions of the Intellectual Property Code and belong to the Seller. The "MAELI" trademark, as well as all figurative and non-figurative trademarks and, more generally, all other trademarks, illustrations, images, and logos appearing on the items, their accessories, or their packaging, whether registered or not, are and shall remain the exclusive property of the Seller, with the exception of the rights held by the Seller's suppliers and potential partners regarding the visuals of their Products, their trademarks, and logos displayed on the Site.

It is therefore forbidden to reproduce, modify, transfer or exploit all or part of the Site without the express written permission of MAELI.

Any reproduction, in whole or in part, modification, imitation, or use of these trademarks, illustrations, images, logos, and videos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo, and more generally any distinctive sign intended to form a composite logo. The same applies to all patents, copyrights, designs, and models, whether registered or not, which are the property of the Seller.

The Buyer's attention is particularly drawn to the fact that the Sewing Patterns and all the elements that make up the Sewing Pattern, sold on the Site, are protected by copyright (law of March 11, 1957 and law of July 3, 1985, codified in the Intellectual Property Code).

Any commercial use of the pattern and the elements that make up the sewing pattern is prohibited.

By extension, the sale of clothing sewn from Sewing Patterns sold on the Site is also PROHIBITED, except by exceptional agreement within the framework of collaborations initiated by the Seller and unless a specific contract is in place.

Any reproduction, including printing on paper or digital duplication, must remain within the strict legal framework of private copying.

The distribution, resale, copying, lending to libraries, transfer, exchange, or any free or paid dissemination of the Sewing Patterns sold on the Site (in whole or in part) are strictly PROHIBITED, regardless of the medium (electronic or printed).

The Seller prohibits the use of any deep linking to the Site or any hyperlink that employs transclusion techniques. Any User wishing to place a simple link on their personal website that redirects directly to the Site must first obtain express authorization from the Seller.

9. MISCELLANEOUS PROVISIONS

Force Majeure. Regarding all of the Seller's obligations within these General Terms and Conditions, the Seller shall not be held liable for delays or non-performance, without fault or negligence on its part, in the event of force majeure as defined by applicable legal provisions.

Non-waiver. The failure of either Party to enforce any right or provision of these Terms and Conditions against the other Party shall not be deemed a waiver of such right or provision.

Invalidity of a provision. The invalidity of any provision of these General Terms and Conditions shall not invalidate the entire agreement, unless the provision in question can be considered, in the minds of the signatories, as substantial and decisive, and its invalidation would disrupt the overall balance of these General Terms and Conditions. In the event that any provision of these General Terms and Conditions is deemed non-substantial, the parties shall endeavor to negotiate an economically equivalent clause.

Update. The Seller reserves the right to modify these Terms and Conditions at any time. In this case, the applicable terms and conditions will be those in effect on the date of the Order or Subscription by the Customer, unless otherwise stipulated by mandatory provisions applicable on the date of the Customer's request.

Express waiver. By accepting these Terms and Conditions, the Client expressly waives the provisions of Articles 1171 and 1190 of the French Civil Code, which may not be invoked against MAELI. Therefore, no clause of these Terms and Conditions shall be deemed unwritten. Furthermore, any clause that gives rise to doubt as to its interpretation shall be interpreted in favor of MAELI.

10. CONSEQUENCES OF A VIOLATION OF THE TERMS AND CONDITIONS BY THE CUSTOMER

In the event of non-compliance with the obligations arising from acceptance of these Terms and Conditions, payment incidents related to the price of an Order, provision of incorrect information when creating an account, or actions likely to harm the Seller's interests, the Seller reserves the right to suspend access to the services offered on the Website or, depending on the seriousness of the actions, to terminate the Subscription and the Customer account without any compensation being due. The Seller also reserves the right to refuse to contract with a Buyer who has been excluded or penalized for such actions.

11. DATA PROTECTION AND COOKIES

In accordance with Law No. 78-17 of January 6, 1978, it is noted that the personal data requested from the Customer is necessary for processing their Order and issuing invoices, as well as for order management, providing the personalization service, and maintaining the business relationship between the parties. This data may be shared with the Seller's partners responsible for the execution, processing, management, and payment of Orders. This information and data are also retained for security purposes, to comply with legal and regulatory obligations, and to allow the Seller to improve and personalize the services offered and the information provided.

The Site uses cookies. These are small text files stored on the User's hard drive. The data collected is intended for the Seller's use. It is necessary for processing and managing the Customer's Orders and Subscriptions, as well as for the business relationship between the Seller and the User. It also allows the Seller to provide the User with personalized services and improve the relevance of the information offered. Most cookies are designed to enable or facilitate the User's browsing and are necessary for the operation of the Seller's online store. The use of cookies, whether first-party or third-party, that are not necessary for the Site's operation requires the User's explicit consent. The User can express their consent or object to the use of cookies according to the procedures indicated on the Site. The User can disable or delete cookies using their browser settings.

12. SELLER CONTACT AND IDENTITY

Any questions regarding an order should be sent by email to bonjour@maeliparis.com

The Site is published and operated by MAELI.

Legal notice

In accordance with Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Article 6, III, b:

1. Publisher

The website "Maeli Paris" is published by the company MAELI, a simplified joint-stock company (SASU) registered with the Chamber of Trades and Crafts, and whose email address is bonjour@maeliparis.com . The company is owned by Amélie SAMSON.

The person responsible for publication is Mrs. Amélie SAMSON.

2. Hosting Provider

The website is hosted by Shopify, whose headquarters are located at 150 Elgin Street, Suite 800, Ottawa, Ontario, K2P 1L4, Canada. Telephone: 1-888-746-7439

3. Data Processing and Freedoms

The user data submitted on this website is intended for MAELI for its administrative and commercial management purposes. MAELI does not share this information with third parties.

The right of access, rectification, and objection provided for by Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, as amended in 2004, may be exercised at any time through the option offered to the user to modify their personal data on the mailing list registration form. For data to which the user may not have direct access, a simple written request can be sent to Maéli: bonjour@maeliparis.com