Terms and Conditions of Sale
Article 1 — Purpose
These Terms and Conditions of Sale ("T&Cs") govern product sales made on the website maisonkema.com between Grégoire KOSTYRA EI, sole trader trading as “Maison Kema”, SIREN 106 262 595, whose address and contact details are given in the website's legal notice ("the Seller") and any non-professional consumer customer ("the Customer"). Placing an order constitutes prior, full and unconditional acceptance of these T&Cs, confirmed via a mandatory checkbox on the payment page, before the order is confirmed.
Article 2 — Products and Availability
The products offered are Taha'a vanilla pods (Vanilla tahitensis). As vanilla pods are a natural product, their appearance and colour may vary slightly from the photographs.
Offers are valid while stocks last. If a product becomes unavailable after the order is placed, the Customer is informed as soon as possible and is refunded the corresponding amount without undue delay.
Article 3 — Prices
Prices are stated in euros, inclusive of all taxes. Delivery charges, shown before the order is confirmed, are added to the price of the products. The Seller reserves the right to modify prices at any time; products are charged at the rates in effect when the order is confirmed.
Article 4 — Order
The Customer adds the products of their choice to the cart, then clicks “Checkout”. They are redirected to the secure payment page of our provider Stripe, where they enter their email address and delivery address, choose a delivery method (home or pick-up point), review the order summary (products, quantities, prices, delivery charges and total), tick the box accepting these T&Cs, enter their payment details and confirm the order with the payment button, which constitutes an order with an obligation to pay. Until this confirmation, the Customer may change their cart or abandon the order. The sale is concluded when Stripe confirms the payment. A confirmation email summarising the order and showing its reference (MK-…) is then sent to the Customer. The Seller reserves the right to cancel an order for a legitimate reason, in particular an unresolved prior payment dispute or suspected fraud; the Customer is then refunded.
Article 5 — Payment
Payment is made online by credit card through the Stripe payment provider, in a secure environment (3D Secure protocol). The Seller never has access to the Customer's banking details, which are handled directly by Stripe. The order is payable in full when it is confirmed.
Article 6 — Delivery
Products are delivered in mainland France, to the Customer’s home or to a pick-up point, depending on the method chosen at payment. Delivery charges are shown in the cart before confirmation; delivery is free above the order amount indicated on the website. Orders are prepared and dispatched within 48 working hours, outside exceptional periods, by tracked delivery; the delivery time is generally 2 to 5 working days.
The risk of loss of or damage to the products passes when the Customer takes physical possession of the parcel. In the event of a damaged parcel or missing product, the Customer is invited to note reservations with the carrier and to contact customer service.
Article 7 — Right of Withdrawal
7.1 — In accordance with articles L.221-18 et seq. of the French Consumer Code, the Customer has fourteen (14) days from receipt of the products, by themselves or by a third party designated by them other than the carrier, to exercise their right of withdrawal, without having to give reasons.
7.2 — Exception: in accordance with article L.221-28 5° of the French Consumer Code, the right of withdrawal cannot be exercised for products whose sealed packaging has been opened by the Customer after delivery, as these products cannot be returned for reasons of hygiene or health protection. Products whose sealed packaging is intact may be returned.
7.3 — To withdraw, the Customer uses the "Withdraw from the contract here" feature, available free of charge throughout the withdrawal period from the footer of every page of the website and at https://www.maisonkema.com/en/retractation: they enter their order reference and the email address used, then confirm with "Confirm withdrawal". They may also use the model form below or send any other unambiguous statement by email to vanillekema@gmail.com or by post to 95 rue du Général Leclerc, 67540 Ostwald, France. An acknowledgement of receipt, stating the content of the withdrawal and the date and time it was received, is sent to them by email.
7.4 — The Customer returns the products no later than fourteen (14) days after communicating their withdrawal decision, to 95 rue du Général Leclerc, 67540 Ostwald, France. The direct cost of returning the products is borne by the Customer.
7.5 — The Seller refunds all sums paid, including the initial delivery charges (except for any additional cost if the Customer expressly chose a delivery method more expensive than the standard delivery offered), no later than fourteen (14) days after being informed of the withdrawal decision, using the same means of payment as for the order. The Seller may withhold the refund until the products have been received back or until the Customer has supplied evidence of having sent them back, whichever is earliest.
7.6 — The Customer is only liable for any diminished value of the products resulting from handling other than what is necessary to establish their nature and characteristics.
Article 8 — Statutory Warranties
Independently of any commercial warranty, the products benefit from the statutory warranty of conformity (articles L.217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (articles 1641 et seq. of the French Civil Code), under the conditions set out in the box below. Any related claim may be sent to customer service at vanillekema@gmail.com.
Statutory warranty of conformity and warranty against hidden defects (informative translation — only the French text of this box, from the annex to article D.211-2 of the French Consumer Code, is authoritative)
The consumer has two years from delivery of the goods to obtain the application of the statutory warranty of conformity if a lack of conformity appears. During this period, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.
Where the contract of sale provides for the continuous supply of digital content or a digital service over more than two years, the statutory warranty applies to that digital content or service throughout the planned supply period. During this period, the consumer only has to establish the existence of the lack of conformity affecting the digital content or service, not the date on which it appeared.
The statutory warranty of conformity requires the trader, where applicable, to provide all updates needed to keep the goods in conformity.
The statutory warranty of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience.
If the goods are repaired under the statutory warranty of conformity, the initial warranty is extended by six months.
If the consumer asks for the goods to be repaired but the seller imposes a replacement, the statutory warranty of conformity is renewed for two years from the date of replacement.
The consumer may obtain a price reduction while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if: 1° the trader refuses to repair or replace the goods; 2° the repair or replacement takes place after thirty days; 3° the repair or replacement causes major inconvenience to the consumer, in particular where the consumer permanently bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods; 4° the lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a price reduction or to terminate the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer then does not have to request repair or replacement first.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are out of use for repair or replacement suspends the remaining warranty until the repaired goods are delivered.
The rights set out above result from articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the application of the statutory warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the statutory warranty against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This warranty gives entitlement to a price reduction if the goods are kept, or to a full refund against return of the goods.
Article 9 — Customer Service & Claims
For any question or claim relating to an order, the Customer may contact customer service by email at vanillekema@gmail.com. The Seller endeavours to respond within 72 working hours.
Article 10 — Personal Data
The processing of the Customer's personal data is described in the Privacy Policy, accessible from the website footer.
Article 11 — Mediation & Dispute Resolution
In accordance with articles L.612-1 et seq. of the French Consumer Code, the Customer may use a consumer ombudsman free of charge for the amicable resolution of a dispute: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris — https://www.cm2c.net. Recourse to the ombudsman requires a prior written claim by the Customer to customer service (vanillekema@gmail.com) that has not been resolved.
These T&Cs are governed by French law. Failing an amicable resolution, any dispute falls within the jurisdiction of the French courts.
Appendix — Model Withdrawal Form
(You can also withdraw online via "Withdraw from the contract here" in the website footer. Otherwise, please complete and return this form only if you wish to withdraw from the contract, by email to vanillekema@gmail.com or by post.) — To Grégoire KOSTYRA EI (Maison Kema), 95 rue du Général Leclerc, 67540 Ostwald, vanillekema@gmail.com: I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods — Ordered on (*)/received on (*): … — Order number: … — Name of consumer(s): … — Address of consumer(s): … — Signature of consumer(s) (only if this form is notified on paper): … — Date: … — (*) Delete as appropriate.