General Sales Terms and Conditions
Our sales are subject to these standard terms and conditions which take precedence over any other stipulation from the customer whether written or verbal. The customer acknowledges that he or she has necessarily understood the sales terms and conditions before submitting his/her order.
The conclusion of the sales contract shall only take place if the order is confirmed, at the time of actual payment and order acceptance by email within 48 hours following said payment. We reserve the right to refuse any order which seems abnormal to us, especially with regard to the quantities requested or when the order is from a non consumer, business or distributor. The total price indicated in the order confirmation is final. It includes the price of goods, packing, labor and delivery calculated based on the place of delivery in mainland France, Spain, Belgium and Luxembourg.
PRODUCT DELIVERY & RECEIPT:
We only deliver in mainland France, Spain, Belgium and Luxembourg. Orders are sent Tuesday through Thursday, excluding public holidays. You must order before 4 pm the day prior to shipment. Someone must be present at the time of delivery. The delivery driver will deliver the parcel to you and you must sign the signature sheet as the signature is required upon receipt.
Any claim for nonconformity or missing goods at the time of delivery must be sent to Maison Adam with a copy of the reservations made to the transportation company, within 48 hours of signing the delivery receipt. Any late claims cannot be accepted under any circumstances. The customer is hence purely and completely liable. The transfer of risk takes place upon departure from the shop. In the event of an error or missing information in the recipient’s address (door code, number, street, floor or otherwise), the seller shall not be held liable for not delivering the goods. The delivery times specified are estimated. No compensation may be claimed from Maison ADAM for late delivery.
PRICE & SHIPPING COSTS:
All product offers and terms of delivery are indicated on our website. As the prices are indicative, they are subject to change at any time. The prices billed are those in effect at the time of the order and include the applicable French VAT. If the VAT rate changes, the change may be included in the price of the products. The products are displayed according to standards.
PAYMENT:
Carte Bleue, Eurocard, Visa, American Express and Mastercard are accepted.
RETENTION OF OWNERSHIP:
Maison Adam shall retain ownership of goods sold until payment in full of their price.
LEGAL JURISDICTION:
For any disputes concerning the performance of the contract made between Maison Adam and the customer, the Bayonne Tribunal de Commerce (commercial court) shall have sole jurisdiction.
CHARACTERISTICS AND GRAPHICS:
The characteristics of products displayed may change. Website photos, graphics, and typography are only an indication and Maison Adam shall not be liable in any way.
PAYMENT METHODS:
Payments shall be made online by credit or debit card. Maison Adam uses a secure payment system. The buyer’s personal information shall be protected and encrypted before being sent to the payment facility.
PRODUCTS:
In accordance with Section L-111-1 of the French Consumer Code, Maison Adam authorizes the buyer, before completion of the contract, to know the main characteristics of the item he or she wishes to buy, the product name, its ingredients, how to store it and its shelf-life. The photos displayed with the item are noncontractual.
RIGHT TO RETURN A PRODUCT:
According to the European Directive on “Online/Distance Selling” dated May 20, 1997 regarding the sale of sweets, due to their perishable nature, fragility and special packaging, there is no right of withdrawal.
WARRANTIES AND LIMITATION OF LIABILITY:
Maison Adam shall not be liable for the choice of products, their storage after delivery, their use, preservation, and consumption of products after the date indicated on the packaging. Maison Adam cannot be held liable for any damage due to noncompliance with current legal provisions in the country of delivery with regard to the storage and consumption conditions of the products delivered.
Providing nominative information for online/distance sales is compulsory, as it necessary in order to process and deliver orders as well as prepare invoices. Failure to provide information shall result in the order not being confirmed.
In accordance with the French Data Protection and Liberties Act, as the processing of personally identifiable information concerning customers has been filed with the Commission Nationale de l’Informatique et des Libertés (CNIL – French National Commission for Data Protection and Liberties), the customer has (Section 34 of the act dated January 6, 1978) the right to access, modify, and correct data concerning him/her, that he/she may exercise by contacting Maison Adam.
With regard to applicable law and Courts, these general terms and conditions are governed by French law, and the Court in Bayonne, France shall have sole jurisdiction for any dispute. With regard to changes to the general sales terms and conditions, Maison Adam reserves the right to adapt or amend said general sales terms and conditions at any time which shall be immediately communicated at the time of purchase.