Updated 02/06/2022

KACOM COMPANY

SIRET R.C.S 904 958 915

15 Rue des Halles 75001 Paris

Mail: contact@masejjada.com

Hosting: O2Switch.fr, head office at 222-224 Boulevard Gustave Flaubert 63000 Clermont-Ferrand

SOME DETAILS:

• “MA SEJJADA PARIS” refers to the professional seller.
• “You”, “the customer(s)”, “the consumer(s)”, “the buyer” means the non-professional buyer having the quality of consumer.

PURPOSE AND GENERAL PROVISIONS:

These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by MA SEJJADA PARIS.

These General Terms and Conditions of Sale (GTC) apply to all sales of Products, made through the seller’s websites which are an integral part of the Contract between the Buyer and the Seller.

The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the seller’s website at the following address: https://masejjada.com/.

The GCS prevail over any other conditions or any contradictory documents present on the website or social networks or in particular on those applicable in stores and direct sales.

The seller also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click.

The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and the accept without restriction or reservation.

The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law.

The invalidity of a contractual clause does not invalidate the GCS.

Unless proven otherwise, the information recorded by the seller constitutes proof of all transactions.

THE PRODUCTS:

You must refer, before placing your order, to the description of the product presented on the websitehttps ://masejjada.com/ where the essential characteristics of the product within the meaning of Article L. 111-1 of the Consumer Code, as well as its composition, capacity and price, will be mentioned.

The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and performance of the contract.

The contractual information is presented in French and is summarized and confirmed when validating your order.

You are solely responsible for your product choice and purchase. The photographs or illustrations which present the products have no contractual value and cannot engage the responsibility of MA SEJJADA PARIS.

The period of validity of the Product offer as well as the prices are specified on https://masejjada .com/. Items that appear in stock on the website https://masejjada.com/ at the time of visit of the site by the consumer constitute the articles offered for sale on the website https://masejjada.com/.

AVAILABILITY:

Product offers are subject to availability.

In the event that a product ordered is out of stock, MA SEJJADA PARIS will inform you immediately, you will be immediately notified of the foreseeable delivery times. The order of this article can be canceled on simple request. The Customer may then request a credit note valid for 1 year for the amount of the item or its reimbursement.

MA SEJJADA PARIS undertakes to return the sums paid no later than 14 days following your request for reimbursement. MA SEJJADA PARIS will reimburse you using the same payment method used for the initial purchase.

MA SEJJADA PARIS is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

COMMAND:

Information on the essential characteristics of the product is present on each product sheet.

To place an order you need to do the following:

1. You must select the product of your choice (as well as the size, color and quantity), when the product is in stock, you must click on the “add to cart” button. If other products are to be added, repeat the process. If not, go directly to the “shopping cart”.
2. You must go to the virtual basket page where the amount of the products and the summary of the order appear, which you are required to check and, if necessary, correct errors or make changes.
3. To access the registration of the order, you must read and expressly accept these General Conditions of Sale by ticking the box provided for this purpose.
4. By clicking on the “proceed to payment” button, you arrive on the “information” page. If you have a customer account, you can open an assignment by identifying yourself. If not, you can create your customer account or continue your order as a guest.
5. Always on the “information” page, you must fill in your delivery address as well as the first name, last name and telephone number. On this same page, if you have a promo code, you can add it. Once all this information has been filled in, you must click on the “continue to shipping” button.
6. You must choose the delivery method of your choice, the delivery price will then be communicated to you, it will be determined according to the carrier chosen, your geographical location and the weight of the package. The total price of the order appears on this same page (product + delivery).
7. Finally, to confirm your order, you must click on the “continue to payment” button. Here you must choose the payment method of your choice and proceed to payment. Confirmation of the order by the consumer entails acceptance of the GCS and forms the contract.

The sale is not final until MA SEJJADA PARIS has sent the consumer confirmation of acceptance of the order by e-mail, including details of the order and which must be sent without delay and after receipt by the latter of the full price. Customer will receive a PDF copy of these Terms and Conditions.

Confirmation of the order by the consumer and confirmation of acceptance of the order by MA SEJJADA PARIS form the contract concluded at a distance.

At this stage, the order cannot be modified, except with the express and exceptional agreement of MA SEJJADA PARIS.

ORDER CHANGE:

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

ORDER CANCELLATION:

By client:

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal (except in exceptional cases) or force majeure.

By Seller:

MA SEJJADA PARIS reserves the right to cancel or refuse any order from a consumer for legitimate reasons, in particular if there is any dispute with the latter relating to a previous order. The order may also be refused if the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.

PRICE:

The prices of products sold through the websitehttps://masejjada.com/ are indicated in euros (€), all taxes included (TTC) and excluding shipping/delivery costs.

For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.

The selling price of the product applicable to you is that in force on the day of the order. MA SEJJADA PARIS reserves the right to modify its prices at any time for the future.

The prices take into account any reductions that may be granted by MA SEJJADA PARIS for orders placed during the period of validity of the promotion and under the conditions specified in advertising on the website https://masejjada.com/.

To meet the requirements of article L 112-1 of the consumer code, the price appears on the site https://masejjada.com/ when registering your order and before confirming your order.

Additional delivery and transport costs as well as taxes will be calculated and informed to you before the confirmation of your order, at the payment stage.

The total amount of your order is indicated on the order confirmation page.

Your invoice is available in your customer area.

PAYMENT:

Payment is due in full immediately upon ordering and payable in cash using the following payment methods:

– Credit card via the “Stripe” secure payment infrastructure

Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.

Delivery

1. Order preparation times

Most of our products ship within 24 business hours.

Orders placed on a Saturday, Sunday or public holiday will be processed the next business day.

The ordered product is delivered to the address appearing on the order form. In the event of an input error, in particular an erroneous or incomplete delivery address, the site cannot be held responsible for the consequences in terms of delay or impossibility of delivery. All costs related to the reshipment of products due to an input error by the Customer will be the sole responsibility of the Customer.

The customer is informed that the site reserves the right to choose the most suitable mode of transport depending on the nature of the product, its weight and its volume.< /p>

For some products, the site will indicate when ordering the most appropriate delivery method.

Delivery times may not exceed 30 working days after the date of validation of payment by the Customer.

The times announced are ex-warehouse times.

FOR SHIPMENTS OF PRODUCTS BY COLISSIMO OR TO RELAY POINTS (MONDIAL RELAY):

The average delivery times are 3-4 working days from validation of payment for shipments by Colissimo or POINTS RELAY (Mondial Relay). However, the expected delivery date is indicated when ordering and on each of our product sheets. This time is an average time corresponding to the service used for delivery in mainland France. In case of absence, the Customer will be responsible for recovering the product from the departments concerned.

In the event of public holidays, periods of high activity such as sales, bad weather, exceptional closures or traffic bans, processing and delivery times may be extended.

DELIVERY TRACKING:

After validation of the payment, an order number is assigned to you. Your order is then recorded. We advise you to print the order number and keep it. You can follow the steps of its processing at any time in your Customer area “My Account”.

For deliveries to RELAY POINTS (Mondial Relay), the Customer will receive an e-mail confirming delivery to the Relay Point of his choice and the address to which he must come. get it back.

The Customer must provide a valid email address, failing which the site cannot be held responsible for the consequences thereof. The Customer must make sure to update his data in his Customer space.

2. Delivery rates

The contribution to the shipping costs includes in particular the packaging and shipping costs of the carriers.

The amount of the costs is automatically calculated as soon as a product is added to the basket on the basis of delivery in Metropolitan France. The Customer can freely consult the billing and the carrier associated with his products.

The final calculation of the shipping costs for other destinations (Corsica, DOM / TOM, foreign countries) is made once the country of delivery has been entered on the delivery address.

TRANSFER OF OWNERSHIP AND TRANSFER OF RISK:

Product ownership is transferred to you upon acceptance of the order by MA SEJJADA PARIS.

On the other hand, the transfer of the risks of loss and deterioration of the products occurs only from the effective delivery of the order when you take physical possession of the products, the products ordered therefore travel at the risk and peril of MA SEJJADA PARIS.

In the event that you notice any deterioration of your package upon receipt, whether you accept or refuse the package, you must indicate on the delivery note (failing this on the invoice) explicitly your reservations (e.g. package torn at the top, 5 cm hole / wet package, open package, etc.). We also advise you to take a picture of the package as proof.

Please check the contents of the package in the presence of the carrier and refuse the package in the event of a damaged or missing product. If it is impossible to open the package and check its contents in the presence of the carrier, in the event of your absence during delivery or the absence of the carrier (example package returned to your mailbox); if the package arrives damaged (examples: torn, open, wet etc); you must send within three working days following delivery a registered letter with acknowledgment of receipt to the carrier to inform him of the apparent damage that you have observed. At the same time, we ask that you contact us (see SAV/CLAIM) immediately (at the latest within 3 working days of delivery) to inform us of the problem.

The same procedure must be followed if the damage (damage, theft) was not discovered until the package was opened, even if outside the ( packaging) package is not damaged.

In the event that you choose to be delivered by a carrier other than the one chosen and offered by MA SEJJADA PARIS, the transfer of risk occurs as soon as the products are handed over to the carrier , therefore, MA SEJJADA PARIS declines all responsibility and any loss or deterioration of the products will be your responsibility.

SAV / COMPLAINT:

For any inquiries or complaints, you can contact us via the contact form in the contact section at the bottom of the page

Returns and Refunds

1. Deadline for returning an item

Irrespective of the withdrawal period mentioned above and the case of defective products, once you have contacted the site via the contact form accessible from the footer of the site, you must return the product(s) concerned to the site within 15 days of receipt of your order, subject to compliance with the conditions set out below.

2. Return condition

Except for a defective product, we remind you that any returned item must not have been worn, washed, perfume-free and that it must have retained its labels and packaging. original.

No returns will be accepted and therefore no refunds will be made if the returned products have been visibly damaged by the Customer and this or these damages render the product unfit for sale .

3. Returns and refunds

Failure to comply with the return procedure of the site by the Customer will not give rise to any refund. Indeed, the costs of return out of procedure not committing the site, the price paid for the return of the product by the Customer may vary depending on the carrier chosen and will remain the responsibility of the Customer.

• In case of return within 15 days

By choosing REFUND and if your return complies with our Terms and Conditions, you will be refunded to the payment method used for the order under 14 business days after your receipt and validation of your return, any shipping and handling charges you have already paid are non-refundable and refunded amounts will not include the cost of shipping.

HOW TO PROCEED:

For the purposes of good reception and in order to speed up the processing of your return, be sure to respect the following procedure:

1. Log into your customer account using your email address and password 2. Go to the “Returns” section 4. Select the product(s) to return and then click on one of the options offered, remembering to specify the reason for your return 5. You will receive the return address in your mailbox 6. Carefully package the product(s) to be returned 7. Return your package to the post office to send it By Colissimo: send your package to the address that will be sent to you by email.

To note :

Return costs are the responsibility of the customer. You will be informed by email that your return has been processed successfully.

Shipping and handling charges you have already paid are non-refundable and refunded amounts will not include the cost of shipping

Delivery costs for France, Belgium and Luxembourg are offered by MASEJJADA.

CONFORMITY AND LEGAL GUARANTEES:

With regard to Article L 411-1 of the Consumer Code, the products comply with the requirements in force relating to the safety and health of persons, the fair commercial transactions and the protection of consumers when they are placed on the market.

The products sold on the website https://masejjada.com/ comply with requirements of French law in force at the time of their placing on the market.

The products supplied by MA SEJJADA PARIS benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:

• The legal guarantee of conformity:

MA SEJJADA PARIS is liable for any lack of conformity of the product, under the conditions of articles L211-4 and following of the Consumer Code. This warranty applies to defects already present on the date of delivery of the product and/or to products that do not correspond to the order.

• The legal warranty against hidden defects:

MA SEJJADA PARIS is liable for hidden defects of the product under the conditions provided for in articles 1641 and following of the Civil Code. It applies if the defect was hidden, it existed on the date of purchase and it renders the product unusable or greatly reduces its use.

In order to assert his rights, the consumer must act within 2 years from the delivery of the products or the discovery of the defect. He must prove the existence of the defect. The consumer may obtain a refund or replacement of products under warranty deemed non-compliant or defective, at the latest within 14 days following the finding by MA SEJJADA PARIS of the lack of conformity or the hidden defect.

The warranty does not apply to visible defects and MA SEJJADA PARIS cannot be held liable in the event of misuse, use for professional purposes, negligence or defect maintenance on the part of the consumer, such as in the event of normal wear and tear of the product, accident or force majeure; or in case of modification of the product not planned or specified by MA SEJJADA PARIS.

PROTECTION OF PERSONAL DATA:

In accordance with Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018; the consumer data collected by MA SEJJADA PARIS is justified by the service provided to the consumer and in particular for the needs related to the proper processing of his order and its routing. MA SEJJADA PARIS may communicate this data to its possible subcontractors responsible in particular for the execution, processing, management and payment of orders.

The consumer may object to the collection and/or use of his data and he has rights to control the use made of his data. He may in particular request access to the data concerning him, have them rectified, or oppose their inclusion in a file. He has a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.

To exercise this right, the consumer must make his request by sending an e-mail to contact@masejjada.com or a letter to the address: Société Kacom 15 rue de halles 75001 Paris.

The processing of information communicated through the website https://masejjada.com/ meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.

INTELLECTUAL PROPERTY:

The products for sale on the website https://masejjada.com/ are the property of MA SEJJADA PARIS.

The content of the site https://masejjada.com/ is the property of MA SEJJADA PARIS and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

VOIDANCE AND MODIFICATION OF THE CONTRACT:

If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.

IMPREDICT:

Pursuant to Article 1195 of the Civil Code, in the event of a change that the parties could not have foreseen when concluding the contract, rendering the execution of the latter excessively onerous for the party to the contract undergoing this change; the party that has not agreed to assume the risk of excessively onerous performance may request a renegotiation of the contract from its co-contracting party.

FORCE MAJEURE:

In the event that the parties do not perform their obligations or if the performance of their obligations is delayed due to a case of force majeure within the meaning of article 1218 of the civil code, the parties cannot be held responsible. The causes can be multiple and in particular climatic, epidemiological, bacteriological, military, political, computer etc.

LANGUAGE AND APPLICABLE LAW:

These T&Cs and the resulting operations are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

DISPUTES:

We inform you that for any dispute arising as a result of your purchase on https://masejjada.com / you have different remedies, amicable or not.

You are first invited to contact MA SEJJADA PARIS customer service (see article hereof “SAV / COMPLAINT”) in order to find an amicable agreement .

In the event that we are unable to find an arrangement, you have the possibility of resorting to conventional mediation, in particular with the Consumer Mediation Commission ( C. consum. art. L 612-1) or with the mediation body whose references follow: FEVAD e-commerce mediator, 60 rue la Boétie – 75008 Paris.

You can also contact a consumer association that will help you in your efforts or alert the DGCCRF. You can also resort to any alternative dispute resolution method (conciliation, for example).

When no amicable solution has been reached, you can take legal action and the dispute will be submitted to the competent courts under the conditions of common law.

The consumer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of the Article 43 ter of the Data Protection Act of 1978, in order to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Data Processing and Freedoms.

PRE-CONTRACTUAL INFORMATION AND CONSUMER ACCEPTANCE:

The fact that a natural (or legal) person orders on the website https://masejjada .com/ implies acceptance and full and complete acceptance of these GCS and obligation to pay for the products ordered, which is expressly acknowledged by the consumer, who waives, in particular to avail himself of any contradictory document, which would be unenforceable against MY SEJJADA PARIS.

Preamble These Terms and Conditions apply to all sales made on the Masejjada website. The website https://www.masejjada.com is a service of:

• The Masejjada Sole Proprietorship
• registered at RCS XXXXXXXX
• Site URL address: https://www.masejjada.com
• email: contact@masejjada.com
• hosting: O2Switch.fr, head office at 222-224 Boulevard Gustave Flaubert 63000 Clermont-Ferrand

The Masejjada website sells the following products: High-end carpets. The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 – Principles

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the Masejjada website and will prevail, if necessary, over any other version or any other contradictory document. The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Masejjada website. These conditions only concern purchases made on the Masejjada site and delivered exclusively in mainland France or Corsica. For any delivery in the DOM-TOM or abroad, a message should be sent to the following e-mail address: contact@masejjada.com.

Article 3 – Pre-contractual information

The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the consumer code. The following information is transmitted to the buyer, in a clear and understandable manner: – the essential characteristics of the property; – the price of the good and/or the method of calculating the price; – if applicable, all additional costs of transport, delivery or postage and all other possible costs payable; – in the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the goods, whatever their price; – information relating to the identity of the seller, to his postal, telephone and electronic contact details, and to his activities, those relating to legal guarantees, to the functionalities of the digital content and, where applicable, to its interoperability, to the existence and the procedures for implementing guarantees and other contractual conditions.

Article 4 – The order

The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks. The buyer will be informed of any unavailability of the product or goods ordered. For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method. The sale will be considered final: – after sending the buyer confirmation of acceptance of the order by the seller by e-mail; – and after receipt by the seller of the full price. Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. In certain cases, including non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved. For any question relating to the follow-up of an order, the buyer can send an email to the seller at the following email address: contact@masejjada.com.

Article 5 – Electronic signature

The online provision of the buyer’s credit card number and the final validation of the order will constitute proof of the buyer’s agreement: – payment of sums due under the purchase order; – signature and express acceptance of all operations carried out. In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the seller at this email address: contact@masejjada.com.

Article 6 – Order Confirmation

The seller provides the buyer with an order confirmation, by email.

Article 7 – Proof of the transaction

The computerized registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 – Product Information

The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. The photographs of the products are not contractual.

Article 9 – Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.

Article 10 – Method of payment

This is an order with payment obligation, which means that placing the order involves payment by the buyer. To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller’s website. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. . Payment of the price is made in full on the day of the order, according to the following terms: – Bank card, credit card, Visa, Mastercard – PayPal, Apple Pay, Google Pay

Article 11 – Availability of products – Reimbursement – ​​Cancellation

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email. For deliveries in Metropolitan France and Corsica, the deadline is 2 to 5 days from the day following that on which the buyer placed his order, according to the following methods: by postal parcel, Colissimo, Mondial Relay, DHL. At the latest, the deadline will be 30 working days after the conclusion of the contract. For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case-by-case basis. In the event of non-compliance with the agreed delivery date or time, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period. In the absence of execution at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime. The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated. In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment at the latest, or the exchange of the product. Shipping costs are billed according to the weight of the package, the country of delivery and the carrier chosen. Free shipping applies to all orders over 75 euros, to Metropolitan France only.

Article 12 – Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the methods and the deadline specified above. The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated. If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site legal. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).

Article 13 – Delivery errors

The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected. The complaint may be made by e-mail to the following address: contact@masejjada.com. Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer. Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommandé, to the address provided. Return costs are the responsibility of the buyer.

Article 14 – Product warranty

14-1 LEGAL GUARANTEE OF CONFORMITY

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code. In the event of implementation of the legal guarantee of conformity, it is recalled that: – the buyer has a period of 2 years from the delivery of the goods to act; – the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the consumer code; – The buyer does not have to provide proof of the non-compliance of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the goods.

14-2 LEGAL WARRANTY AGAINST HIDDEN DEFECTS

In accordance with articles 1641 and following of the civil code, the seller is liable for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are likely to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. The buyer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.

Article 15 – Right of withdrawal

Application of the right of withdrawal In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not taken back. The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract. In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is reimbursed and the delivery costs are reimbursed. Return costs are the responsibility of the buyer. The exchange (subject to availability) or refund will be made within 2 to 5 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

Exceptions:

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts: – supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; – supply of goods made to the consumer’s specifications or clearly personalized; – supply of goods likely to deteriorate or expire rapidly; – supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; – supply of goods which, after being delivered and by their nature, are inseparably mixed with other items; – supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional; – maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency; – supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; – supply of a newspaper, periodical or magazine, except for subscription contracts to these publications; – supply of digital content not provided on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

Article 16 – Force majeure

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Article 17 – Intellectual property

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content. Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Article 18 – Data Protection

The personal data provided by the buyer is necessary for the processing of his order and the establishment of invoices. They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders. The processing of information communicated through the Masejjada website has been declared to the CNIL. The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the Masejjada site.

Article 19 – Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

Article 20 – Non-waiver

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

Article 21 – Title

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 23 – Mediation and dispute resolution

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and e-mail address of the mediator are available on our site. In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and industry professionals. ‘European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable law

These general conditions are subject to the application of French law. The competent court is the court of law. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

Article 25 – Protection of personal data

Data collected

The personal data that is collected on this site are as follows: – account opening: when creating the user’s account, his name; first name ; email address ; Phone Number ; address ; – connection: when the user connects to the website, the latter records, in particular, his surname, first name, connection data, usage data, location data and payment data ; – profile: the use of the services provided on the website allows you to fill in a profile, which may include an address and a telephone number; – payment: as part of the payment for products and services offered on the website, the latter records financial data relating to the user’s bank account or credit card; – communication: when the website is used to communicate with other members, the data concerning the user’s communications are temporarily stored; – cookies: cookies are used as part of the use of the site. The user has the option of disabling cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. Specifically, the uses are as follows: – access and use of the website by the user; – management of the operation and optimization of the website; – organization of the conditions of use of the Payment Services; – verification, identification and authentication of data transmitted by the user; – offer the user the possibility of communicating with other users of the website; – implementation of user assistance; – personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences; – prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents; – management of any disputes with users; – Sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

Personal data may be shared with third party companies, in the following cases: – when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts; – when the user posts, in the free comment areas of the website, publicly available information; – when the user authorizes the third party website to access his data; – when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. personal ; – If required by law, the website may transmit data to respond to claims against the website and to comply with administrative and legal procedures; – If the website is involved in a merger, acquisition, asset sale or receivership proceeding, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.

Security and Privacy

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, please note that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.

Implementation of user rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@masejjada.com.

• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity in order to verify its accuracy.
• the right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
• the right to deletion of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided by the GDPR.
• the right to object to the processing of data: users can object to their data being processed in accordance with the assumptions provided by the GDPR.
• the right to portability: they can request that the website hand over the personal data provided to them to transmit it to a new website.

Changes to this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also notify users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account. Appendix: Withdrawal form (to be completed by the consumer, and to be sent by registered letter with acknowledgment of receipt, within the maximum period of 14 days following the date of conclusion of the service contract)

Withdrawal form To the attention of : Masejjada email address: contact@masejjada.com I hereby notify you of my withdrawal from the contract relating to …………………, ordered on: ……… First and last name of the consumer: …………….. Consumer’s address: …………….. Date : ……………… Signature of the consumer

Annex : Consumer Code Article L. 217-4: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L. 217-5: “The good complies with the contract: 1° If it is specific to the use usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.” Article L. 217-6: “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them”. Article L. 217-7: “The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot challenge the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials that he himself supplied.” Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the goods. However, the seller may not proceed according to the buyer’s choice. if this choice entails a manifestly disproportionate cost compared to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer. Article L. 217-10: “If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price returned. price. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is seeking. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. Article L. 217-11 : The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. Article L. 217-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.” Article L. 217-13: “the provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law.” Article L. 217-14: “Recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code. Article L. 217-15: “The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor. In addition, it mentions clearly and precisely that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the product. thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract. In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it.” Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. Civil Code Article 1641: “The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known them.” Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be discharged from the apparent defects or lack of conformity.