GENERAL CONDITIONS OF SALE

DEFINITIONS

MASSIMO HOUSE:  Simplified Joint Stock Company, whose registered office is at 58 avenue de Wagram 75017, Paris, registered in the Paris Trade and Companies Register under number 893 853 044, Email: contact@maison-massimo.com

“Internet user”: User of the Internet network

“Users”: Internet users browsing the Site.

“Buyer”: User who has validated an order and declared that they have full legal capacity to enter into a commitment under these general terms and conditions of sale.

“Party”: MAISON MASSIMO and/or User

“Parties”: MAISON MASSIMO and User together

“Products”: MAISON MASSIMO perfume products, candles, body products and “beach” accessories. It is specified herein that the Products are intended for the User’s personal use.

“Site”: MAISON MASSIMO e-commerce site accessible at the address www.maison-massimo.com

INTRODUCTION

The Site allows MAISON MASSIMO to offer Products for sale to Users.

For the purposes hereof, the rights and obligations of the User necessarily apply to the Buyer.

Any order for a Product offered on the Site implies consultation and irrevocable and express acceptance of these general conditions of sale, without this acceptance being conditioned by a handwritten signature on the part of the User.

MAISON MASSIMO invites Users to contact MAISON MASSIMO by email to contact@maison-massimo.com in case of doubt in the use of the Products.

It is recalled that the validation of the purchase order as specified in article 3 constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.

These general conditions of sale are offered only in French.

1. Object

The purpose of these general conditions of sale is to define the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.

These terms apply to the exclusion of any other document.

2. Products

The Products offered for sale by MAISON MASSIMO are those which appear on the Site, on the day the User consults the Site, and within the limit of available stocks and subject to the conditions stipulated above.

The price of the trial doses only covers preparation and shipping costs.

The photographs illustrating the Products do not form part of the contractual scope. If they are incorrect, MAISON MASSIMO cannot be held liable.

3. Price

The current rate is that indicated on the Site.

The prices of the Products are indicated in euros. They take into account the value added tax (VAT) applicable on the day of the order, handling and packaging costs.

Delivery costs are payable. On the other hand, if the Buyer reaches a certain "Free" threshold specified on the site, in this case the delivery costs will be free.

MAISON MASSIMO reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the rates in effect at the time the order is registered, subject nevertheless to the availability of the Products.

4. Registration

4.1. Recording an order.

When the User wishes to order, he will choose the Products in which he is interested, by clicking on the “Order” box, specifying the desired quantity, then clicking on the “Add to cart” box.

Each new addition to your basket will be indicated at the bottom of the page by the words “My basket ..x.. items”.

At any time, the User may:

• obtain a summary of the Products he has chosen or modify his order, by clicking on the “My basket” button,
• continue your selection of Products by clicking on “Add a product”,
• to order the Products he has thus chosen, the User will click on the "My basket" link. A summary of his order will then appear on the screen. If the list presented to him corresponds to the Products he has chosen, he must then accept the General Conditions of Sale, which he can consult by clicking on the "General Conditions of Sale" link.
• he can first add or remove items from the basket by clicking on “recalculate my basket” to validate his modifications.
• If the user confirms the conformity of his order and accepts the principle of payment by Bank Card, then he must click on the "Validate the basket" button to move on to the order payment stage.

4.2. Account creation.

• The User will have the option to create a new account if ordering for the first time, or to enter their username and password if their account has already been created.
• The User will validate the summary by checking or accurately completing the form made available to him, on which he will include in particular the information necessary for his identification and in particular his surname, first name, postal address, telephone number and e-mail address.
• The User is informed and accepts that entering any identifier constitutes proof of his identity and manifests his consent.

Once identified, the User clicks on "Continue my order" an order form will appear on the screen, summarizing: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order, the User's contact details, the delivery and billing address(es) of the Products.

Before final validation of the order, the User can always click on the “Modify my order” box in order to correct any errors.

4.3. Payment method.

The user must pay for their order by clicking on one of the “bank card” icons.

5. Validation and Confirmation of the order

5.1. Final validation of the order

Any order implies unconditional and unreserved acceptance of these general conditions of sale.

After having acknowledged the status of his order, and once the requested information has been completed by the User, the latter will click on the “Bank Card” icon to express his acceptance, validate the transaction and pay for his order.

In the case of a payment by bank card, the user is then automatically transferred to the ATOS WORLDLINE electronic payment server. He will then follow the procedure as described in Article 6. It is specified that the ATOS WORLDLINE server is secured by SSL (Secure Socket Layer) encryption in order to protect all data relating to payment methods as effectively as possible, and that at no time will the User's banking data pass through the MAISON MASSIMO computer system. As soon as he validates the payment, the User returns to the Site. His order is recorded and becomes irrevocable.

The User then becomes the Buyer.

The purchase order is recorded in the computer records of MAISON MASSIMO, themselves stored on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties. The buyer may at any time consult the history of his previous orders and the status of his current orders by clicking on "My account".

5.2. Confirmation of the order

Once the Buyer has validated his payment, a summary of the Buyer's order will be displayed and will include the order number and the bank transaction number. This summary will also be sent to him by e-mail, to the e-mail address provided by him when he identified himself.

The sale will only be considered final after MAISON MASSIMO has received payment in full.

5.3. Shipping Confirmation

A shipping confirmation email will be sent to the Buyer. The Buyer may at any time check the status of their current orders by clicking on "My Account".

6. Payment

The price charged to the Buyer is the price indicated on the order confirmation sent by e-mail by MAISON MASSIMO to the Buyer.

Please note that online payment by credit card will be made immediately on the Internet. The full amount of the order will therefore be collected by MAISON MASSIMO at the time of validation of the online order.

All orders are payable in Euros.

MAISON MASSIMO reserves the right to refuse any order or delivery in the event of an existing dispute with the Buyer, total or partial non-payment of a previous order by the Buyer, refusal of authorization of payment by bank card by banking organizations, non-payment or partial payment.

7. Delivery

7.1. Unavailability of Products

The Products are offered within the limits of available stocks. In the event of unavailability of one of the Products, the Buyer will be informed when placing his order and before paying the price.

7.2. Delivery terms

The Products ordered by the Buyer will be delivered by a delivery company to the address indicated by the Buyer on the order form, against signature.

The Products purchased will be shipped within a period of  4 working days from receipt by MAISON MASSIMO of the full price.

The shipping time indicated is the average time observed. It may vary depending on the destination. In order to guarantee an optimal service, MAISON MASSIMO thanks the Buyer for providing an address to which the order can be delivered during business hours, as well as a telephone number and any other information facilitating access to the building (access code, floor, apartment number).

In the event of a delay in delivery, the Buyer must report this delay as soon as possible to MAISON MASSIMO customer service by email to contact@maison-massimo.com. MAISON MASSIMO will then contact the delivery company so that an investigation can be carried out. The investigation period may be long. Furthermore, it is specified that ownership of the Products ordered will only be transferred to the Buyer upon full payment of the invoiced price.

Upon receipt of the Products ordered, the Buyer must check the conformity of these Products. Any anomaly concerning the delivery (missing or broken Product, damaged package, etc.) must be reported by the Buyer and must imperatively be notified, on the same day of receipt or at the latest the first working day following receipt, to the customer service of MAISON MASSIMO, by e-mail addressed to contact@maison-massimo.com. Any claim made after this deadline will be rejected and MAISON MASSIMO will be released from any liability.

Any non-compliant Product, to be exchanged or refunded, must be returned to MAISON MASSIMO in its original packaging and wrapping, and accompanied by a copy of the invoice, to the following address by registered mail:

MASSIMO HOUSE

58 avenue de Wagram,

75017 Paris

FRANCE

MAISON MASSIMO will then proceed to exchange or refund the defective or missing Product(s).

8. Right of withdrawal

The Buyer has a period of seven (7) working days to return, at his/her own expense, the Product(s) he/she has ordered if he/she is not satisfied with them. This period starts on the day the order is delivered. The Product(s) must be returned in its/their original packaging and wrapping, and accompanied by a copy of the invoice, to the following address by registered mail:

MASSIMO HOUSE

58 avenue de Wagram,

75017 Paris

FRANCE

If the above conditions are met, MAISON MASSIMO will reimburse the Buyer, within thirty (30) days, the amounts corresponding to the products purchased by him. The shipping costs will be borne by the Buyer.

9. Data protection and freedoms

The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential. Failure to provide information implies the automatic rejection of the order.

In accordance with Law No. 78-17 of 6 January 1978 relating to information technology and civil liberties, the processing of personal information collected on the Site has been declared to the National Commission for Information Technology and Civil Liberties. The User has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the User must click on the "My account" box on the Site in order to make changes.

10. Liability

The Products offered by MAISON MASSIMO comply with current European regulations.

It is hereby recalled that MAISON MASSIMO invites Users to contact MAISON MASSIMO by email addressed to contact@maison-massimo.com in case of doubt in the use of the Products.

MAISON MASSIMO cannot be held responsible for non-performance of the contract in the event of out of stock or unavailability of the Product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications.

Events meeting the criteria set by the case law of the 2nd Civil Chamber of the Court of Cassation will be considered as cases of force majeure.

The Party invoking an event constituting force majeure must notify the other Party within five working days following the occurrence or threat of this event.

The Parties agree that they must consult each other as soon as possible in order to jointly determine the terms of execution of the order during the duration of the force majeure event.

Beyond a period of one (1) month of interruption due to force majeure, MAISON MASSIMO may not honor the order, and will be responsible for reimbursing the Buyer if necessary.

MAISON MASSIMO cannot be held responsible for damages of any nature, whether material, immaterial or physical, which could result from malfunction or improper use of the Products sold.

The liability of MAISON MASSIMO will, in any event, be limited to the amount of the order and cannot be called into question for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the Products.

11. Partial invalidity

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

12. Entire Agreement

These general terms and conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.

In the event of any contradiction between these documents, the general conditions of sale shall prevail.

13. Disputes - Applicable law - Competent jurisdictions

In the event of a dispute, the Buyer will contact MAISON MASSIMO as a priority to obtain an amicable solution.

It is recalled that the search for an amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee. As a general rule and subject to the assessment of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes:

• That the Buyer honors its financial commitments to the seller

• That the Buyer uses the purchased items in a normal manner.

In the absence of an amicable solution, express jurisdiction is attributed to the courts of Paris, regardless of the place of delivery and the method of payment.

These general conditions of sale and the contractual relations between MAISON MASSIMO and the Buyer are subject to French law.

14. Warranty

In any event, the Buyer benefits from the legal guarantee relating to hidden defects (Art. 1625 et seq. of the Civil Code).

Provided that the Buyer has proven the hidden defect, MAISON MASSIMO must legally repair all the consequences (art. 1641 et seq. of the Civil Code) if the Buyer goes to court, he must do so within two years from the discovery of the hidden defect (art. 1648 of the Civil Code).

15. Intellectual Property

All texts, comments, works, logos and images presented on the site maison-massimo.com are reserved, for the whole world, under copyright and intellectual property law. Any total or partial reproduction of the MAISON MASSIMO catalogue is prohibited.

16. Information

MAISON MASSIMO undertakes never to communicate a User's contact details to third parties. The information that a User entrusts to MAISON MASSIMO will therefore remain confidential, with the exception of shipping details, necessary for processing orders, which will be transmitted to the logistics company providing the service.

All information collected facilitates the use of the Site by the User, in particular by avoiding multiple re-entries. The User has access to all information on the Site concerning him by clicking on the "My account" box.

The User's address is useful at the time of ordering to send the invoice to the Buyer and his order on time. The telephone contact details allow MAISON MASSIMO customer service to contact the Buyer for order tracking. The Buyer's email address allows MAISON MASSIMO to confirm the order, and to contact the Buyer if necessary.

17. Warning

MAISON MASSIMO is unfortunately forced to protect itself against possible improper behavior. To this end, MAISON MASSIMO has implemented the following measures:

During transactions, MAISON MASSIMO records the User's IP address, as well as the exact dates and times of the transactions. This unique and formal identification confirms the User's contractual commitment.

Any attempted fraud, regardless of the amount or origin, will be subject to criminal prosecution. In this case, all data collected concerning the User will then be transmitted to the Public Prosecutor for investigation.