Terms of Sale

Preamble

The present preamble is an integral part of the General Terms and Conditions of Sale.

Article 1. Parties to the present act

Between the following parties :

1° The Company MAIASAURA LLC a single shareholder company registered in the United States, whose office is located at 30 North Gould Street, Sheridan Wyoming 82801, Hereinafter referred to as the "Seller",

On one side, and 2° Any individual wishing to make a purchase on the website of the Seller.

Hereinafter referred to as the "Buyer",

On the other side, the following has been stated and agreed upon :

Article 2. Purpose

The Seller's activity includes the production and online sale of music speakers and audio content, including music and stories. The Buyer and the Seller agree that their relations as well as access and use of the site www.maiasaura.life (hereafter referred to as "the Site") will be governed exclusively by :

- These General Terms and Conditions of Sale, to the exclusion of all other terms and conditions and that they shall prevail, where applicable, over any other version or any other document:

- The Privacy Policy

- The Legal Notice

- Applicable laws and/or regulations.

 

The General Terms and Conditions of Sale, the Privacy Policy and the Legal Notice of the Site are made available to consumers on the Seller's Site where they can be consulted directly. The Privacy Policy (here) and the Legal Notice (here) are an integral part of these Terms and Conditions of Sale. The acquisition of a Product on the Seller's site implies the knowledge and acceptance without reserve by the Buyer of the present General Terms and Conditions of Sale in effect on the day of the order, the conservation and reproduction of which are ensured by the Seller. Each Buyer commits to respect the purpose of the Site and to not use it in such a way as to divert it from its purpose of selling Products online. The Seller reserves the right to modify its General Terms and Conditions of Sale at any time. In case of modification, the applicable General Terms and Conditions of Sale are those in effect at the date of the order by the Buyer, a dated copy of which can be given to the Buyer upon request. The fact that the Seller does not claim the application of any clause of the General Terms and Conditions of Sale or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by the Seller of the rights arising for it from the said clause.The present General Terms and Conditions of Sale were updated on June 13, 2019. This edition cancels and replaces the previous versions.

Article 3. Definitions

3-1. Seller: designates the single shareholder company  MAIASAURA LLC registered in the United States, whose office is located at 30 North Gould Street, Sheridan Wyoming 82801

3-2. Buyer: designates any individual wishing to make a purchase on the Site.

3-3. Product: designates any product offered on the Site, within the limits of available stocks. The photographs cannot ensure an identical resemblance with the product offered.

3-4. Delivery: designates the transfer of physical possession or control of the Product to the Buyer.

3-5. Site: designates the infrastructure developed by the Seller according to the formats used on the Internet, including data of different sorts, and more precisely, texts, sounds, still or animated images, videos, and databases, intended to be consulted by the Buyer in order to learn about the Seller's products and services and, if necessary, to make a purchase of the latter. The Site is accessible at the following address https://www.maiasaura.life

3-6. Internet: refers to various networks of servers located in different places around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.

Article 4. Pricing

The prices of the Products offered for sale on the Site are indicated in US Dollars including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.

All orders are to be paid in US Dollars ($).

Any change in the applicable VAT rate or exchange rate may be reflected in the prices of the products.

In the same manner, if one or more taxes or fees were to be introduced or modified, either increased or decreased, this change could be reflected in the selling price of the Products on the Site.

In the event of an order to a country other than metropolitan France, the Buyer is then considered as an importer of the Product concerned: customs duties, local taxes, import duties, or state taxes may be required. These duties or taxes are the responsibility of the Buyer, both in terms of declarations and payments to the competent authorities and organizations.

The Seller reserves the right to modify at any time the prices of the Products offered for sale on the Site. The Product will be invoiced by the Seller to the Buyer on the basis of the price list in effect at the time of the order validation and subject to the availability of the Product.

The Seller commits to regularly check that all prices indicated on the Site are correct, but cannot guarantee the absolute absence of errors. If an error in the price of an item occurs, the Seller will give the Buyer the opportunity to reconfirm the purchase of the Product at the correct price or to cancel the order. In the event that the Seller is unable to contact the Buyer, the order will be considered canceled.

Article 6. Validity and confirmation

Any order of Products on the Site by the Buyer implies the full and complete adhesion of the Buyer and the Seller to the present General Terms and Conditions of Sale, without exception or reserve. A summary of the Product order is communicated by the Seller to the Buyer on the e-mail address indicated on the Buyer identification form during the order. The summary of the Product order includes the following information :

- a summary of the Products ordered,

- the price,

- the date and time of order,

- the date or delivery time by which the Seller will deliver the goods and the cost of delivery,

- the payment method chosen by the Buyer

- the cancellation period from which the Buyer benefits as well as the form allowing the Buyer to do so.

 

The Buyer must check the contents of the order summary as soon as possible and immediately notify the Seller of any errors or omissions. The order confirmation shall constitute a signature and acceptance of the transaction by the Buyer and the Seller. The recorded confirmation of the Product order and all data transmitted during the order are proof of the transaction in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technology and relating to the electronic signature, and are worth the sums involved in the order. However, in case of fraudulent use of the Buyer's credit card, the Buyer is invited to contact the Seller's customer service as soon as possible. It is expressly agreed that, except in the case of an obvious error on the part of the Seller, the data stored in the Seller's computer systems, under reasonable security conditions, have evidential value with respect to the orders placed by the Buyer. Data on computer or electronic media shall constitute valid evidence and as such shall be admissible under the same conditions and with the same evidentiary force as any document that would be established, received or kept in writing. The Seller agrees to honor the Product orders received on the Site and validated only within the limits of available inventory. In the absence of Product availability, the Seller agrees to inform the Buyer as soon as possible in accordance with Article 8.

The Seller reserves the right to refuse any order if the quantities of products ordered are abnormally high for Buyers who are consumers.

Article 7. Payment

The validation of the Product order implies an obligation for the Buyer to pay the price indicated on the order confirmation. The Buyer must pay for their purchases online at the time of the order by credit card (Carte Bleue, e-carte bleue, Visa, Eurocard, Mastercard). The payment on the Site is carried out by Paypal, a highly secured web payment infrastructure certified PCI level 1.

Article 8. Availability

The Products are offered by the Seller on the Site within the limits of available stocks and their possible expiration date. For Products not in stock, the offers are valid subject to availability. In case of unavailability of a Product after placing and validating an order, the Seller will inform the Buyer by e-mail as soon as possible. The Buyer's order may then, according to their wishes, be canceled and no bank debit will be made by the Seller, or put on hold until the Product is restocked by the Seller.

Article 9. Transfer of ownership

The products remain the entire property of the Seller until full payment of the price by the Buyer. The transfer of ownership of pre-ordered or ordered Products occurs upon the physical transfer of the Product to the Buyer, the risks of loss or damage to the Products are then also immediately transferred from the Seller to the Buyer.

Article 10. Shipping

Shipping will be to the address indicated in the Buyer's order form. The Buyer must indicate very precisely the correct address and postal code as well as any other relevant indication for the delivery without using any abbreviation. Only deliveries within the European Economic Area are possible. If you wish to have your order delivered outside the European Economic Area, the Buyer is invited to contact the Seller. The delivery times indicated on the Site are the usual average times. The Seller shall endeavor to respect these times. The shipping time of the order varies according to the delivery method chosen by the Buyer. The products are shipped by the Seller to the delivery address indicated by the Buyer during the ordering process, within the time indicated on the order validation page. In case of delay of shipment, an email will be sent to the Buyer to inform them of a possible consequence on the delivery time indicated. The cost of shipping is fixed at 5.90€ per order, regardless of the number of Products concerned and the delivery address indicated in the Buyer's order form. Shipping is free in France. A specialized logistician is in charge of deliveries, in order to ensure the best possible service. After payment is received, the Buyer will receive an e-mail with the tracking number of the parcel to the indicated e-mail address. In case of abusive delay of delivery, the Buyer has the possibility to cancel the order in the conditions and modalities defined in the article L 216-2 of the Code of the Consumption. If the Buyer receives the product after canceling, they will have to return it to the Seller in its original packaging and without damage as soon as possible. In case of delivery by courier, the Seller cannot be held responsible for any delay in delivery due exclusively to the Buyer's unavailability after several proposed appointments. At the time of delivery of the Product, the Buyer is required to verify:

That the number of packages delivered corresponds to the indications on the shipping document and the invoice ;

That the packaging is intact: not damaged, wet or altered in any way, including the materials used to close the package.

The Buyer shall immediately report any damage to the packaging and/or the Products or an error in the number of packages or non-conformity of the indications, by placing a written comment on the Delivery receipt. After signing the delivery slip, the Buyer shall not be entitled to object to the external appearance of the delivery. In the event of delivery by tracked parcel, the Seller will apply the rates in effect at the time of the order.

Article 11. Cancellation

The Product order may be canceled by the Buyer in case of :

- Delivery of a Product that does not conform to the declared characteristics of the Product ;

- A price increase that is not justified by a technical modification of the product imposed by public authorities.

The Product order may be cancelled by the Buyer in case of :

- Delivery beyond the deadline set forth in the purchase order or, in the absence of such deadline, within thirty days after the conclusion of the contract, after the Seller has been requested, in the same manner and to no avail, to make Delivery within a reasonable additional time frame ;

The Product order may be canceled by the Seller in case of :

- The Buyer's refusal to accept delivery ;

- The Buyer’s refusal to pay the price at the time of order validation.

Article 12. Return policy

The Buyer benefits from a fourteen (14) day retraction period from the order delivery to return the Product to the Seller for exchange or refund without penalty, except for the return costs which are at the Buyer's expense. To exercise the right of return, the Buyer must inform the Seller through the online contact form (here). A standard return form is proposed in the appendix of the present General Terms and Conditions of Sale. Its use by the Buyer is not mandatory. In the case of an exchange of Products, the reshipment will be at the expense of the Buyer. All returns must be reported in advance to the Seller's customer service via our Customer Service form here : 

https://maiasaura.life/support

Returns are to be made in their original condition and complete (packaging, accessories, instructions), with the purchase invoice as soon as possible and, at the latest, within fourteen days following the communication of the decision to return. 

Any damage to the Product upon its return is the responsibility of the Buyer and may negate the right of refund. If all of the above conditions are met, then the Seller will refund the Buyer all sums paid, including delivery, upon receipt of the returned Products or until the Buyer provides proof of shipment of the Products. Refunds will be made using the same payment method used by the Buyer for the initial transaction, unless the Buyer expressly agrees to use another payment method and provided that the refund does not incur any costs for the Buyer. On the other hand, the Seller is not obliged to reimburse additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller. In accordance with Article L.221-28 of the French Consumer Code, the right of return provided in case of remote sale cannot be exercised for the following contracts :

- Supply of goods that are likely to deteriorate or expire rapidly ;

- Supply of goods which have been unsealed by the Buyer after Delivery and which cannot be returned for reasons of hygiene or health protection.

Article 13. Warranty

All Products offered for purchase by the Seller on the Site benefit from the legal warranty of conformity and the warranty against hidden defects. All claims, requests for exchange or refund must be made by mail within 30 days of delivery. The products must be returned to the Seller in the condition in which they were received with all the elements (accessories, packaging, instructions...), as well as the invoice justifying the payment. The shipping costs will be reimbursed to the Buyer by the Seller on the basis of the invoiced rate and the return costs will be reimbursed to the Buyer by the Seller upon presentation of the receipts. The provisions of this article do not prevent the Buyer from benefiting from the right of return provided for in Article 12.

The shipping costs of the new replacement product are at the Buyer's expense if the Buyer's claim occurs 90 days after the delivery date of the defective product.

Article 13.1. Warranty against hidden defects

The Products offered on the Site are subject to the warranty against hidden defects set forth in Articles 1641 et seq. of the Civil Code: Article 1641 of the Civil Code: "The Seller is bound by the warranty for hidden defects of the item sold which render it unfit for the purpose 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, if they had known of them." The action resulting from latent defects must be brought within two years of the discovery of the defect.

Article 13.2 Legal warranty of conformity

The Products offered on the Site are also subject to the legal warranty of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code: Article L.217-4 of the French Consumer Code: "The Seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. The Seller is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under the Seller's responsibility. The action resulting from the defect of conformity is prescribed in a period of two years from the delivery of the Product. The legal warranty of conformity applies independently of any commercial warranty.

Article 14. Customer account

The Buyer, if they wish, can create a customer account allowing them to access many advantages: order more Products quickly, register different addresses, track their orders... To create a customer account, the Buyer must provide the following information :

- First and last name

- Email address

- Create a password

 

The Buyer has the possibility to create an account using their Facebook or Google account. All data collected during the creation of the customer account are processed in accordance with Article 15. The Buyer who has a customer account is obliged to log in to place an order for Products on the Site. Furthermore, in accordance with Article 15 and the Seller's Privacy Policy, a customer account is automatically created for any Buyer placing an order for Products who does not yet have a customer account. This customer account will then be indispensable for all future Product orders. If the account becomes inaccessible to its holder, the latter may notify the Seller's services by contacting customer service.

Article 15. Personal data

In accordance with the law relating to data processing, files and freedoms of January 6, 1978, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Buyer's nominative information may be subject to automated processing by the Seller. The processing of certain personal data of the Buyer is mandatory to order Products, but also to create a customer account and subscribe to the newsletter. For more information on the processing of the Buyer's personal data, the Buyer is invited to consult the Seller's Privacy Policy (here), which is an integral part of the present General Terms and Conditions of Sale.

Article 16. Cookies

When browsing the Site, the Buyer is asked to consent to the use of cookies by the Seller. For more information on cookies, the Buyer is invited to consult the Seller's Privacy Policy (here), which is an integral part of the present General Terms and Conditions of Sale.

Article 17. Intellectual Property

All elements of the Site, whether visual or audio, including software, intellectual property rights such as trademarks, service marks, and copyrights are and remain the exclusive property of the Seller. Unless otherwise stated, the intellectual property rights in the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller, who does not grant any license or any other right than that of consulting the Site and ordering Products. Reproduction of any page or content of this Site by the Buyer or any third party is subject to prior written permission from the Seller. The reproduction of any documents published on the Site is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes is prohibited by the Seller. It is forbidden to use the brands, images or any other element on which the Seller would hold intellectual property rights. The Buyer and any other third party is prohibited from copying, modifying, creating a derivative work, reverse engineering or otherwise attempting to discover the source code (except as provided by law), selling, assigning, sublicensing or otherwise transferring any rights in the Site. The Buyer and any other third party is also prohibited from modifying the Site or using modified versions of the Site, in particular (but not limited to) with the aim of obtaining unauthorized access to the Site, and from accessing the Site by any means other than through the interface provided to the Buyer by the Seller for this purpose. The Site and any software necessarily used in connection therewith may contain confidential information protected by applicable intellectual property or other laws. Buyers who have personal Internet sites and who wish to place, for personal use, a simple link referring directly to the Seller's site on their own site, must request prior written authorization from the Seller who reserves the right to refuse it without specific motivation. In any case, any unauthorized link must be removed upon request from the Seller.

Article 18. Liability

The Products comply with the French legislation in effect. The liability of the Seller cannot be engaged in case of non-compliance with the legislation of a third country where the Product is delivered. It is up to the Buyer to check with the local authorities the possibilities of importing or using the pre-ordered or ordered products. The Seller shall not be held liable for any damage resulting from misuse of the Product by the Buyer or by any third party. The nutritional composition of each Product being clearly written on the Site, on each order as well as on the Products, the Seller cannot be held liable for the possible intolerances or allergies of the Buyer. The Seller shall not be held liable for any inconvenience or damage inherent to the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses. The same applies to potential hypertext links present on the Site. Finally, the liability of the Seller shall not be incurred in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law, or to the act of the Buyer (Article L. 221-15 of the Consumer Code).

Article 19. Force majeure

In the case of a force majeure or an unforeseen event, caused by the other party, a third party, or by external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network, without this list being restrictive, the liability of the Buyer or the Seller shall not be sought if the execution of the contract is delayed or prevented.

Article 20. Archival and proof

The Seller shall archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1360 of the Civil Code. The computerized records of the Seller will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

Article 21. Litigation

In case of litigation, the Buyer must address primarily to the customer service of the Seller via our contact form here : 

https://maiasaura.life/support

In case of failure of the request of complaint with customer service or in the absence of response within two months, the Buyer can submit the dispute opposed to the Seller to the E-COMMERCE MEDIATOR SERVICE OF FEVAD (http://www.mediateurfevad.fr/) which will try, in all objectivity and impartiality, to bring together the parties in order to reach a solution. The Buyer and the Seller remain free to accept or to refuse the recourse to the settlement of the dispute by the way of mediation as well as to accept or to refuse the solution proposed by the mediator. In the absence of an amicable agreement, the competent court to resolve the dispute is that of the place of residence of the defendant or that of the place of actual delivery of the Product. The language of these General Terms and Conditions of Sale is American English. The present General Conditions of Sale are therefore subject to United States law.

Article 22. Duration

The present conditions apply throughout the duration of the online availability of the Products offered for sale by the Seller.

Article 23. Domiciliation

The parties designate their domicile at the addresses indicated on the order form for the Buyer and at the address indicated on the site for the Seller.

Article 24. Nullity

If any of the clauses of these General Terms and Conditions of Sale were to be null and void with respect to a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without entailing the nullity of the entire General Terms and Conditions of Sale or altering the validity of its other provisions.