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 MAISONKEMA ("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 checkbox during the checkout process.
Article 2 — Products and Availability
The products offered are Taha'a vanilla pods (Vanilla tahitensis). Photographs and descriptions are as accurate as possible but are not binding on the Seller, as these are natural products whose appearance, size and weight may vary slightly.
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, including VAT at the 5.5% rate applicable to foodstuffs. 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 selects their products, validates their cart, enters their details and then confirms their order after accepting these T&Cs. The sale is definitively concluded only upon payment confirmation. A confirmation email summarising the order is sent to the Customer. The Seller reserves the right to cancel any order that is abnormal or made in bad faith.
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 address provided by the Customer when ordering. 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 postal 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
In accordance with articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the products to exercise their right of withdrawal, without having to give reasons.
This right applies to products returned in their original packaging, unopened and unsealed. In accordance with article L.221-28 3° of the French Consumer Code, the right of withdrawal cannot be exercised for food products unsealed after delivery that cannot be returned for reasons of hygiene or health protection.
To exercise this right, the Customer notifies their decision by email to vanillekema@gmail.com (or using the model form below) then returns the products within 14 days. Return costs are borne by the Customer. The Seller refunds the sums paid (excluding return costs) no later than 14 days after being informed of the withdrawal decision, and may defer the refund until the products are recovered.
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), allowing the return of a defective or non-conforming product. Any related claim may be sent to customer service at vanillekema@gmail.com.
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. The Customer may also use the European Commission online dispute resolution platform: https://ec.europa.eu/consumers/odr.
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
(Complete and return this form only if you wish to withdraw from the contract, by email to vanillekema@gmail.com.) — To MAISONKEMA, 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): … — Date: … — (*) Delete as appropriate.
