Terms and Conditions

PREAMBLE

The company MAISON ARCANE, a sole proprietorship whose registered office is located at 127 Avenue du Maine 75014 Paris, registered in the Paris Trade and Companies Register under number 940 705 577, is a company specializing in the creation, production and marketing of candles, waxes and olfactory accessories, under the brand name “MAISON ARCANE” in France and throughout the world.
MAISON ARCANE wished to offer its customers, alongside its distribution network, an online sales system for a selection of some of its products, via its merchant site accessible from the French and English versions of the website www.maisonarcane.fr (hereinafter the “online site”).

The online site is governed by:
- these General Conditions of Online Sale
- the policy relating to the protection of personal data and the use of “cookies”

The user of the online site is invited to read the terms of these documents before browsing or ordering on the online site.

The presentation and content of the online site together constitute a work protected by international conventions and laws in force on intellectual property and in particular copyright, unfair competition and registered trademarks.

MAISON ARCANE is the publisher of the online site and Mrs. Martine Vézant is the publication director in her capacity as President of MAISON ARCANE.

For any questions, the user can contact MAISON ARCANE:
- by email by writing to the following address: contact@maisonarcane.fr
- by mail by writing to: MAISON ARCANE, 127 Avenue du Maine 75014 Paris.

Access to the online site and use of its content are subject to the terms of use described below. Accessing and browsing the online site constitutes unreserved acceptance of these terms and conditions by the user.

ARTICLE 1 – GENERAL PROVISIONS

1.1 SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter the "GTC"), which specify in particular the terms and conditions for ordering, payment, delivery and any return of MAISON ARCANE products, are applicable to all sales of MAISON ARCANE products concluded via the online site, for delivery only in mainland France, Monaco, the United Kingdom, Switzerland and all countries of the European Union.

Consequently, the customer declares to have read the General Terms and Conditions of Sale before placing his order. In this regard, each time an order is placed on the online site, the customer must confirm his acceptance of the General Terms and Conditions of Sale by checking the box "I accept the General Terms and Conditions of Sale". This validation at the time of the order therefore constitutes acceptance without restriction or reservation of the General Terms and Conditions of Sale and the waiver of the right to invoke any other conditions not expressly agreed between MAISON ARCANE and the customer.

The T&Cs may be stored by computer recording and/or reproduced by the customer by printing them.

The T&Cs will be applicable as long as they appear on the online site. MAISON ARCANE may modify and update these T&Cs at any time, it being specified, however, that the applicable T&Cs will be those in force on the date of the order by the customer as formally accepted by the customer.

The customer acknowledges that he/she is acting as a consumer and does not intend to resell MAISON ARCANE items for commercial purposes. The customer also certifies that he/she has the legal capacity to enter into the commitments set out in the General Terms and Conditions.

1.2 ACCEPTANCE OF THE GTC

The General Terms and Conditions apply to the exclusion of all other conditions, in particular those applicable to other distribution and marketing channels.

The T&Cs are accessible at any time on the online site and will prevail, where applicable, over any other version or any other contradictory document.

The customer declares to have read and accepted the General Terms and Conditions of Sale before finalizing their order. Validation of the order by the customer constitutes acceptance of the General Terms and Conditions without restriction or reservation.

In particular, the customer acknowledges having been informed prior to his order, in a legible and intelligible manner of the General Conditions of Sale. The customer acknowledges that the information referred to in Articles L 221-5 et seq. of the Consumer Code has been communicated to him, and in particular:
- the essential characteristics of the products;
- the price of the products;
- delivery costs;
- the identity of the seller, MAISON ARCANE, its activity and its contact details;
- information relating to the collection and processing of personal data;
- information relating to guarantees;
- information relating to the consumer's right of withdrawal and its exercise;
- other important contractual conditions.

As the General Terms and Conditions may be subject to subsequent modifications, the version applicable to the customer's purchase is the one in force on the online site on the date the order is placed. Amendments to the General Terms and Conditions are binding on users of the online site from the time they are posted online and cannot apply to transactions concluded previously.

Unless proven otherwise, the data recorded in the MAISON ARCANE computer system constitutes proof of all transactions concluded with the customer.

In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the European General Data Protection Regulation (Regulation No. 2016/679) which came into force on 25 May 2018, the customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by post and providing proof of identity, to:
ARCANE HOUSE
Data Protection Officer
127 Avenue du Maine
75014 Paris
email: contact@maisonarcane.fr

The customer acknowledges having the capacity required to contract and acquire the items offered on the MAISON ARCANE website.

In the event of an order to a country other than mainland France, the customer is the importer of the item(s) concerned.

ARTICLE 2 – INFORMATION RELATING TO MAISON ARCANE PRODUCTS ON SALE ON THE SITE

The products offered for sale on the online site are described and presented with the greatest possible precision (specifications, illustrations, size, composition, etc.).

The customer is required to read this before placing any order.

The choice and purchase of a product is the sole responsibility of the customer.

However, differences in appearance between the products delivered, the photographs and illustrations found on the online site do not constitute non-conformity of the product delivered (in accordance with articles L217-4 et seq. of the Consumer Code).

In addition, depending on the equipment used by the customer and in particular the graphic parameters of the screens used, the illustrations and photographs present on the online site may be different from the products themselves.

MAISON ARCANE cannot be held liable for these non-substantial errors or inaccuracies.

MAISON ARCANE reserves the right to correct errors or omissions, and to change or update information at any time without notice.

The customer is required to refer to the description of each product in order to understand its essential properties and characteristics.

The customer also has the option of obtaining additional information by visiting MAISON ARCANE retail stores to ask questions or by contacting MAISON ARCANE customer service:

• By email: contact@maisonarcane.fr
• By mail: MAISON ARCANE, Customer Service, 127 Avenue du Maine – 75014 Paris

Item offers are subject to availability, as specified when the order is placed.

The site contains a commercial offer for the sale of products, which is not exhaustive of the products sold by MAISON ARCANE.

ARTICLE 3 – ORDERS

Offers are valid as long as they are visible on the website and while stocks last. MAISON ARCANE may modify the items posted on its website without prior notice or information. These modifications will not affect orders already placed.

The customer is informed when browsing the online site and when creating their shopping cart of the availability of items online. However, if an ordered item is no longer available, MAISON ARCANE will inform the customer by any means and as soon as possible. Such unavailability of an item on its website will not engage the responsibility of MAISON ARCANE.

It is up to the customer to select the products they wish to order on the online site, according to the following methods:

3.1 SELECTION OF PRODUCTS BY THE CUSTOMER

The customer can create their customer account by completing a registration form. The customer agrees to provide accurate information and keep it up to date. MAISON ARCANE cannot be held responsible for the inaccuracy of the information provided by the customer, particularly if this causes errors during delivery. The "customer account" provides access to a personal space that allows, among other things, order tracking.

However, ordering is possible as a guest.

The customer is invited to select the chosen products and add them to the shopping cart by clicking on the "add to cart" button. At any time, the customer can delete products on the shopping cart view page, by going to the "cart" icon available on all pages of the online site at the top right.

The customer is invited to view the summary of their order by clicking on the "basket" button. At this point, they can check the details of their order, identify any errors made in data entry and correct them. On this page, the customer can also estimate their shipping costs by indicating the country of delivery as well as the department or region of delivery.

To finalize the order, the customer must confirm their delivery and billing addresses; the two addresses may be different; after this confirmation, any error on their part is their sole responsibility and MAISON ARCANE cannot be held responsible.

After validating the basket by clicking on the "continue payment" button, the customer can then pay either as a guest or log in to their account and proceed to payment.

If the customer chose to order as a guest, they must then enter their payment information.
If the customer has already created a customer account and has logged into the online site through this account, this information could be automatically retrieved from his account only if it had been previously saved after the customer's agreement.

Once payment is confirmed, the customer receives an email confirming their order.
The customer formally accepts the use of electronic mail for confirmation by MAISON ARCANE of the contents of the order.

3.2 FORMALIZATION OF A SALES CONTRACT

The sale will only be considered final after MAISON ARCANE has sent the customer confirmation of acceptance of the order by email to the email address provided for the customer account and after the customer has received payment in full. If the customer does not receive an email from MAISON ARCANE after placing an order, they are invited to contact customer service (email: contact@maisonarcane.fr).

Any order placed on the online site constitutes the formation of a contract concluded remotely between the customer and MAISON ARCANE.

The customer acknowledges, by accepting these T&Cs, that emails and automatic recordings used by customer service or the online site, particularly regarding the nature and date of the order, will be authentic in their relations with MAISON ARCANE.

3.3 ORDER TRACKING

If the customer has a customer account with MAISON ARCANE, the summary of the customer's order as well as the customer's previous orders are available in the "my orders" section of the customer's account.

The customer will be able to follow the progress of their order on the online site.

3.4 THE RIGHT TO REFUSE ORDERS

MAISON ARCANE reserves the right to cancel an order in the event of existing dispute(s) with the customer or total or partial non-payment of a previous order by the customer or technical difficulty leading to the display of a “derisory” price compared to the reference price of the product.

MAISON ARCANE does not intend to sell its items via the site to professionals, but only to consumers or non-professionals, for their personal needs.

MAISON ARCANE therefore reserves the right to refuse any abnormal order of the same item or items in large quantities, which are not consistent with the pursuit of a non-commercial goal.

3.5 CANCELLATION OF THE ORDER

Once the order has been validated and paid for, the customer can exercise a right of withdrawal within 14 days, unless it is a personalized order (see articles L221-18 to L221-28 of the Consumer Code).

In the latter case, MAISON ARCANE may retain all funds from the cancelled order once the order has begun to be processed.

3.6 PAYMENT

Payment for the order is made at the time of ordering by credit card only. American Express, Carte Bleue, Visa, and Mastercard cards are accepted.

MAISON ARCANE has implemented a secure payment system for all orders placed on the website. Payments are made on an external platform through a payment service provider – Hipay – implementing 3D Secure measures.

The customer must indicate their bank card number, its expiry date and the CVC code.
Following payment validation, the customer will be redirected to a "3D Secure" page asking them to enter a code received by the customer according to the "3D Secure" terms agreed with their banking institution. Once the transaction is validated, the customer will be redirected to the online site, and their order will be confirmed.

ARTICLE 4 – PRICES

The prices of the products on the online site are indicated in Euros according to the customer's country and do not include delivery costs (postage, packaging and preparation of the package according to the amounts in force - see article 5-2 of the General Conditions of Sale). The amount of these costs will be specified in the basket before validation of the order.

The prices of the products indicated on the online site are valid for the duration of the online posting.

ARTICLE 5 – DELIVERIES

5.1 DELIVERY AREAS AND TIMES

Orders placed on the online site are shipped from mainland France.

MAISON ARCANE delivers ordered products only to the following destinations:
- France
- Monaco
- Germany
- Belgium
- Luxembourg
- The Netherlands
- Austria
- Spain
- Great Britain
- Italy
- Liechtenstein
- Poland
- Portugal
- Czech Republic
- Swiss
- Andorra
- Croatia
- Denmark
- Estonia
- Hungary
- Ireland (North and South)
- Latvia
- Lithuania
- Slovakia
- Slovenia
- Sweden
- Bulgaria
- Finland
- Greece
- Norway
- Romania
- Bosnia
- Serbia.

Any order to destinations outside this list will be automatically cancelled.

MAISON ARCANE reserves the right to make the sending of the order conditional on full payment of the price by the customer.

The delivery time will vary depending on the delivery method chosen by the customer and the country of delivery and an indicative delivery time will be provided to the customer. This time will include the order processing time as well as the delivery time to the address indicated by the customer when ordering on the online site.
Except in special cases or if one or more items are unavailable, the items ordered will be delivered in one go.

The customer will be informed by email that the package has been picked up by the carrier. They will then be given a delivery number that will allow them to track the delivery of their order in real time.

MAISON ARCANE undertakes to make every effort to deliver the items ordered by the customer within the indicative timeframes communicated to the customer.

Delivery times are deemed to have been respected by MAISON ARCANE as soon as the first presentation of the order to the address indicated by the customer took place within the delivery times indicated to the latter.

If the ordered items have not been delivered within the delivery time mentioned in the terms of the order or within thirty (30) days following the order date, for any reason other than force majeure or the customer's actions, the sale may be cancelled at the customer's written request. The sums paid by the customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding and excluding personalized orders (as provided for in articles L216-2, L216-3 and L241-4 of the Consumer Code).

5.2 DELIVERY COSTS

Deliveries are made only within Europe.

For any order of an amount greater than or equal to €150 (one hundred and fifty euros) including tax, to the European Union, delivery is free.

However, some countries* apply customs taxes that remain the responsibility of the customer. If these taxes are not paid, the package will be automatically returned, and the item will be refunded excluding shipping costs.

Delivery costs are not included in the price of the items and are added when the order is validated and paid for.

Shipping costs are calculated based on the destination country and the shipping method selected, according to the table below:

Prices shown include all taxes (TTC).

ARTICLE 6 – GUARANTEES

MAISON ARCANE products are not covered by any specific warranty.

6.1 NON-CONFORMITY AND LATENT DEFECT

MAISON ARCANE takes the greatest care and accuracy in the presentation and description of the products offered on the online site (including photographs, graphics and previews) within the limits of the technology and computer equipment used and in compliance with the best market standards. However, these presentations and descriptions are provided for information purposes only and do not enter into the contractual scope between MAISON ARCANE and the customer.

However, in the event of obvious non-conformity of the delivered product compared to its description on the online site (size, shape or color completely different from what was announced on the online site), MAISON ARCANE undertakes to correct this error, the consumer being able to either exercise his right of withdrawal (article 8 of the General Terms and Conditions), or implement the guarantee of conformity of MAISON ARCANE, in accordance with the legal provisions recalled below. (articles L217-4 to L217-14 and L221-18 to L221-28 of the Consumer Code)

In addition, the customer is required to check the condition of the delivered items. If an item is defective and non-compliant, the customer must return the item to MAISON ARCANE in order to obtain a refund for the item and delivery costs, if the non-compliance or defect is proven. (articles L217-4 to L217-14 of the Consumer Code)

If the package arrives damaged to the customer, they must refuse delivery so that it can be returned to MAISON ARCANE, which can take appropriate action.

MAISON ARCANE will refund or replace as soon as possible and at its own expense, the delivered items whose lack of conformity or apparent or hidden defects have been duly established by the customer and noted by MAISON ARCANE, under the conditions provided for by the Consumer Code and those provided for in the General Terms and Conditions.

6.2 EXCLUSION AND LIMITATION OF WARRANTY

If the products returned by the customer do not correspond to the products ordered and have an origin other than the online site, MAISON ARCANE will not be bound by its obligations described in article 6-1 of the T&Cs.

The MAISON ARCANE guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective products.

ARTICLE 7 – TRANSFER OF OWNERSHIP - TRANSFER OF RISKS

The transfer of ownership of MAISON ARCANE products via the online site, to the benefit of the customer, will only take place after full payment of the price by the latter, regardless of the date of delivery of the products.

Regardless of the date of transfer of ownership of the items, the transfer of risks of loss and deterioration relating thereto will only take place when the customer takes physical possession of the items.

The customer assumes the risks of deterioration and loss of the products, as well as liability for any damage they may cause upon delivery, and all risks of transporting the products in the event of return.

ARTICLE 8 – RIGHT OF WITHDRAWAL

8.1 In accordance with the provisions of Articles L221-18 to L221-28 of the Consumer Code, the customer has the possibility, without reason, to withdraw from his order within fourteen (14) days from the day of receipt of the product(s) ordered, the date appearing on the carrier's receipt signed by the customer being authentic, excluding personalized orders. (articles L221-18 to L221-28 of the Consumer Code)

In the event of split delivery, the delivery date of the last good will be taken into account. When this period of fourteen (14) days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

8.2 The customer must express his wish to withdraw clearly and unequivocally.
The customer can use the following postal or electronic address contact@maisonarcane.fr to notify MAISON ARCANE of their withdrawal, on any medium and in any manner whatsoever.

8.3 Each product must be returned in new condition, perfectly protected, and in its original packaging. MAISON ARCANE will not issue any refund if the products returned by the customer do not correspond to the product(s) ordered or have an origin other than the online site.
Before returning the product(s), the customer may contact the following email address contact@maisonarcane.fr to indicate the reason for the return. The customer must then drop off the package at the collection point of their choice and send it to the postal address MAISON ARCANE Customer Service 127 avenue du Maine 75014 Paris. The customer will then be reimbursed upon receipt of the product(s).

8.4 MAISON ARCANE will refund the returned products, as well as the delivery costs (outbound) by crediting the bank card used for payment. In the event of a partial return of the products, the delivery costs will not be refunded by MAISON ARCANE insofar as the customer has benefited from the delivery service for the products kept. The refund will be made within a maximum period of fourteen (14) days following the return of the products or the date on which the customer provided proof of shipment of the products (the date retained being that of the first of these events).

ARTICLE 9 – AFTER-SALES SERVICE

Complaints relating to products ordered on the online site, including those relating to the exchange of products, are handled exclusively via the online site's after-sales service, which can be contacted using the contact form contact@maisonarcane.fr.

MAISON ARCANE retail stores cannot under any circumstances be contacted for complaints related to an order on the online site.

ARTICLE 10 – DATA PROTECTION AND FREEDOM

In application of law 78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, and in compliance with the European General Data Protection Regulation (Regulation n°2016/679), it is recalled that the personal data requested from the customer are necessary for the processing of his order and the establishment of invoices, in particular.

This data may be communicated to potential partners of MAISON ARCANE responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the online site meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The customer has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.

This right may be exercised under the conditions and according to the methods defined in the personal data protection policy of MAISON ARCANE.

ARTICLE 11 – INTELLECTUAL PROPERTY

The content of the online site is the property of MAISON ARCANE and its partners and is protected by French and international laws relating to intellectual property.

Any direct or indirect, total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

In addition, MAISON ARCANE remains the owner of all intellectual property rights to the videos, logos, photographs, presentations, studies, drawings, models, prototypes, etc. presented on the online site.
Any reproduction or exploitation, in whole or in part, of studies, drawings, models and prototypes, etc., is therefore prohibited, regardless of the reason or medium, without the express, written and prior authorization of MAISON ARCANE, which may make it conditional on financial compensation.

The creation of hypertext links to any of the pages or elements of the online site is also prohibited, as is any non-compliant use of the online site, particularly use for commercial or professional purposes, whether direct or indirect.

ARTICLE 12 – FORCE MAJEURE

MAISON ARCANE cannot be held liable if the non-performance or delay in the performance of any of its obligations, as stipulated under the terms of the T&Cs, results from a case of force majeure.

Thus, the performance by MAISON ARCANE of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which hinders or delays its performance. Such events include, but are not limited to, war, riots, insurrection, social unrest, total or partial strikes, including transport strikes, of any kind, interruption of production, interruption of the supply of energy and/or electricity and problems with the supply of MAISON ARCANE.

MAISON ARCANE will inform the customer of such an unforeseeable event or force majeure within fourteen days of its occurrence. In the event that this suspension continues beyond a period of 15 (fifteen) days, the customer will then have the option to cancel the current order, and a refund will then be issued.

ARTICLE 13 – LIMITATION OF LIABILITY

MAISON ARCANE cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, connection failure, interruption of the Internet network, or other problems beyond its control.

MAISON ARCANE reserves the right to suspend operation of the website at any time.
MAISON ARCANE is bound by an obligation of means. The customer remains the sole judge of the suitability and suitability of the items ordered for their needs and consumption. MAISON ARCANE cannot be held liable for any use of the items that does not comply with their intended purpose.

ARTICLE 14 – NO WAIVER

The fact that MAISON ARCANE refrains from demanding at a given time the execution of any of the provisions of the T&Cs cannot be interpreted as a waiver of the right to subsequently invoke total or partial non-execution.

ARTICLE 15 – VALIDITY OF THE GTC

If any provision of the T&Cs is declared null and void in whole or in part, the other provisions and other rights and obligations arising from these T&Cs will remain unchanged and will remain applicable except in cases of force majeure.

ARTICLE 16 – APPLICABLE LAW - DISPUTE

The General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
The General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authoritative in the event of a dispute.

The T&Cs are subject to French law.

In the event of a dispute relating to the interpretation, execution or validity of these General Conditions of Sale, the consumer customer is invited to contact customer service to seek an amicable solution.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the consumer customer has the right to use a consumer mediator free of charge with a view to the amicable resolution of the dispute. (Article L612-1 of the Consumer Code)

The professional designates the Consumer Mediation Center of Justice Conciliators (CM2C) as the consumer mediation entity.

CM2C contact details:

CM2C – 49 rue de Ponthieu, 75008 Paris

Website: https://www.cm2c.net

Email: cm2c@cm2c.net

In the absence of an amicable resolution, the consumer may refer the matter to the competent court in accordance with the rules of common law. In accordance with Article R.631-3 of the Consumer Code, the consumer may choose between:
- the jurisdiction of the place of domicile at the time of conclusion of the contract or occurrence of the harmful event
Or
- the jurisdiction of the place of the professional's registered office.