LEGAL NOTICES

This site, accessible at the URL www.maioparis.com is operated by the Company MAIÔ Paris with a capital of 1000 euros, registered in the R.C.S. of Nanterre under the number B893 390 666, whose head office is located at 20 rue Parmentier 92200 NEUILLY SUR SEINE.

(hereinafter referred to as the "Operator").

The individual VAT number of the Operator is: FR27893390666.

The Site is hosted by Shopify, located at 151 O'Connor Street Ground Floor Ottawa, Ontario K2P 2L8, Canada

To contact us : contact@maioparis.com

Article 1 - GENERAL PROVISIONS RELATING TO THESE CONDITIONS

The general terms and conditions of sale (the " General Terms and Conditions of Sale ", or the " GTC ") are applicable exclusively to the online sale of products offered by the Operator on the Website.

The GTC are made available to customers on the Site where they can be directly consulted and can also be communicated to them on request by any means.

The CGV are opposable to the customer who recognizes, by checking a box or by clicking on the button envisaged for this purpose, to have had knowledge of them and to have accepted them before placing order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force at the day of the order whose conservation and the reproduction are ensured by the Operator.

Article 2 - DESCRIPTION OF PRODUCTS

The Site is an online sales site for Swimwear and Accessories. The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the site of the manufacturer by a link being on the Site) mentioning their essential characteristics. The products are in conformity with the prescriptions of the French law in force.

The Customer remains responsible for the methods and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense. In addition, the Customer shall provide and be fully responsible for the equipment necessary to connect to the Site. 

The Customer acknowledges that he has verified that the computer configuration he uses is secure and in working order.

Article 3 - CREATION OF THE CUSTOMER AREA

To place an order on the Site, the Customer must first create his personal customer area. Once created, in order to access it, the Customer must identify himself by using his secret, personal and confidential identifier and password. It is the Customer's responsibility not to communicate his login and password in accordance with the provisions of the article PERSONAL DATA of the present General Conditions. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the identifier and password, enabling him to access his customer area, the Customer acknowledging that he is solely responsible for accessing the Service using his identifier and password, unless fraud is proven. Each Customer also agrees to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his identifier and/or password.

After the creation of his personal customer area, the Customer will receive an email confirming the creation of his customer area. 

The Customer agrees at the time of registration to :  

• provide real, accurate, and up-to-date information at the time it is entered into the Service's registration form, and in particular not to use false names or addresses, or unauthorized names or addresses. 
• Maintain registration data to ensure that it is real, accurate and up-to-date at all times. 

The Customer also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). In the contrary case, the Operator will be able to suspend or terminate the Customer's access to the Site at his exclusive fault.

Article 4 - ORDERS

The Operator endeavors to guarantee an optimal availability of its Products. The offers of Products are valid within the limits of available stocks. 

If in spite of the best efforts of the Operator, a Product would prove to be unavailable after the order of the Customer, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between: 

• delivery of a Product of equivalent quality and price to the one initially ordered.

• the reimbursement of the price of the Product ordered at the latest within thirty (30) days of the payment of the amounts already paid. 

It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not bound to any cancellation indemnity, except if the non-performance of the contract is personally attributable to him.

Except for any mention to the contrary in these General Conditions and without prejudice to the right of withdrawal provided for by the applicable law, the Customer's orders are firm and final. 

When placing an order, the Customer must select the chosen Products, add them to his basket by indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it. 

The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. The confirmation of the order entails final acceptance of the GTC and forms the contract.

The contractual information relating to the order (in particular the number of the order) will be the subject of a confirmation by e-mail in due course and at the latest at the time of the delivery. The Operator strongly advises the Customer to print and/or to file on a reliable and durable support this confirmation of order as proof. A digital invoice is made available to the Customer in the space "my account". The Operator also advises the Customer to print and/or file on a reliable and durable support this invoice as proof. 

Any email that will be sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his customer area. 

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that: 

• The Customer would not respect the General Conditions in force at the time of his order 
• The Customer's order history shows that there are outstanding amounts from previous orders 
• One of the Customer's previous orders is the subject of a dispute being processed 
• The Customer has not responded to a request for confirmation of his order that the Operator has sent him

Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding. Thus, the responsibility of the Operator could in no way be sought in the event that an error at the time of the placing of the order would prevent or delay the delivery.

The Customer declares that he/she has full legal capacity to commit himself/herself under the present General Conditions.

Registration is open to adults and minors under the condition that they are under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless they are validly authorized to represent them (e.g. legal entity). Registration is strictly personal to each Client. 

In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer's account without notice.

Article 5 - METHODS OF PAYMENT AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price against the supply of the Product ordered. 

In any assumption, the Operator reserves the right to check the validity of the payment, before the forwarding of the order, by all the necessary means. The order validated by the Customer will be considered as effective only when the secure banking payment center will have given its agreement on the transaction.

The following payment methods are accepted: credit cards and bank cards (Visa®, MasterCard®) via the secure platform implemented by Stripe.

Your account will be debited when your order is shipped.

MAIÔ Paris does not keep the banking data of its Customers.

Within the framework of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These documents will not be used for any other purpose.

Article 6 - PAYMENT OF THE PRICE

The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) except delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the advertisement made for the promotion. 

MAIÔ Paris will not reimburse the VAT applied to purchases made on the Site (even in the case where the buyer, after receipt, resends the Products to a country outside the European Union

The price is payable in Euros (€) only. The price is payable in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.

If shipping or delivery charges apply, they will be added to the price of the Products and indicated separately before the order is confirmed by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.

Article 7 - FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends the order confirmation.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it by "double-clicking", i.e., after selecting the Products added to the basket, the Customer must check and possibly correct the contents of his/her basket (identification, quantity of products selected, price, delivery terms and costs) before validating it by clicking on "I validate my delivery", then he/she acknowledges acceptance of these GTCs before clicking on the "Pay" button, and finally, he/she validates his/her order after filling in his/her bank details. The "double click" is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer. 

The filing of communications, order forms and invoices is ensured by the Operator on a reliable and durable support so as to constitute a faithful and durable copy. These communications, order forms and invoices can be produced as proof of the contract. Except contrary proof, the data recorded by the Operator on Internet or by telephone constitute the proof of the whole of the transactions passed between the Operator and its Customers.

The Operator remains the exclusive owner of the Products ordered on the Site until the full price is paid, including any shipping costs.

Article 8 - SHIPMENT AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France and abroad.

Delivery means the transfer to the Customer of physical possession or control of the Product.

Deliveries will be made by Colissimo. The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order.

The delivery times are announced in working days on the Site at the time of the order. These times include the preparation and shipment of the order as well as the time provided by the carrier. 

The Operator undertakes to dispatch the Products in accordance with the deadlines announced on each Product sheet and in the shopping cart, provided that the payment of the order has not been refused beforehand.

However, if one or more Products could not be delivered within the time initially announced, the Operator will send an email indicating to the Customer the new delivery date. 

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to the Customer to check that this address does not contain any error. The responsibility of the Operator could not be committed if the address communicated by the Customer is erroneous, preventing or delaying the delivery. 

Upon delivery, you may be asked to sign a receipt. 

No delivery will be made to a P.O. Box. 

Upon delivery, it is the Customer's responsibility to verify that the Products delivered are in conformity with the order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively send an email within 48 hours to contact@maioparis.com to inform us. 

Deliveries made outside of Metropolitan France will be made by Colissimo International and may be subject to taxes and customs fees which will be the exclusive responsibility of the Buyer.

Insofar as the Seller cannot know in advance the amount of customs duties that the Buyer will have to pay for the delivery of the Products outside Metropolitan France, the Buyer is invited to find out the amount of customs duties that he will have to pay.

Article 9 - RIGHT OF WITHDRAWAL

If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to send as soon as possible this return form https://maioparis.shipping-portal.com/rp/ or an email to contact@maioparis.com indicating the reasons for which you wish to make a return.

The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by e-mail and will communicate the return address.

The return costs are the exclusive responsibility of the Customer whether in France or abroad.

The returned Product must be in its original packaging (Pouch), in perfect condition, suitable for resale, unused and with all accessories. 

Customers must take care of the Products in their possession. Customers are informed that MAIÔ Paris reserves the right to refuse any return if Customers have violated this obligation of care, in particular if the returned Products are damaged or show signs of use (notably if the refund label and the single-use seal have been removed, if the women's swimwear sanitary strips have been removed, if the product shows dirt or an odor that was not there before, etc.). This list is not exhaustive.
In this case, MAIÔ Paris will return the returned Products to the Customer and will not refund the price or the delivery charges.

In addition to the returned Product, the return package must also contain a letter specifying the Customer's exact and complete contact information (last name, first name, address) as well as the order number and the original purchase invoice. 

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days from the receipt of the Product and all the elements allowing to implement the reimbursement of the Customer. This refund may be made by the same means of payment as the one used for the Customer. 

By accepting the present General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

Article 10 - CUSTOMER SERVICE

The Customer can contact the Operator by email at contact@maioparis.com indicating his name, telephone number, the object of his request and the number of the concerned order.

Article 11 - INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to the intellectual property.

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or not, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

The Operator reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.

ARTICLE 12 - LIABILITY AND WARRANTY 

The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable fact of any third party to the present. 

The Customer acknowledges that the characteristics and constraints of the Internet do not allow the security, availability and integrity of data transmissions on the Internet to be guaranteed. Thus, the Operator does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation. 

The Operator cannot be held responsible for the use which would be made of the Site and its services by the Customers in violation of the present General Conditions and for the direct or indirect damage which this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior towards third parties. In the case where the responsibility of the Operator would be sought because of such a behavior of one of its Customers, this last one commits himself guaranteeing the Operator against any condemnation pronounced against him as well as refunding the Operator of the whole of the expenses, in particular the lawyers' fees, engaged for his defense.

Independently of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty for hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

When you act within the framework of the legal guarantee of conformity:

• you are exempt from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.

You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the French Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the French Civil Code, as in force on the date of these General Terms of Sale: 

Art. L.217-4 of the Consumer Code: 

"The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Art. L.217-5 of the Consumer Code: 

"The property conforms to the contract: 

(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so : 

- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. 

Art. L.217-7 of the Consumer Code: 

"The defects of conformity which appear within twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, except contrary proof.

For goods sold second-hand, this period is set at six months.

The seller may rebut this presumption if it is not consistent with the nature of the goods or the claimed lack of conformity."

Art. L.217-9 of the Consumer Code:

"In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. 

Art. L.217-12 of the Consumer Code: 

"The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good." 

Art. 1641 of the Civil Code: 

"The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them."

Art. 1644 of the Civil Code:

"In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned."

Art. 1648 paragraph 1 of the Civil Code: 

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."

It is reminded that the search for amicable solutions limited to a maximum period of 30 days prior to any legal action does not interrupt the periods of action of the legal guarantees nor the duration of any possible contractual guarantee.

ARTICLE 13 - PERSONAL DATA 

For more information on the use of personal data by the Operator, please read carefully the Privacy Policy (the " Policy "). You can consult this Charter on the Site at any time.

Article 14 - HYPERTEXT LINKS 

The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, if applicable, in accordance with the conditions governing them. 

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or the content applying to or appearing on these third party sites.

Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.

 

In addition, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator. 

The Operator invites the Customer to inform him of any hypertext link present on the Site which would allow to reach a third site proposing contents contrary to the laws and/or the good morals.

The Customer may not use and/or insert a hyperlink to the site without the prior written consent of the Operator on a case-by-case basis. 

ARTICLE 15 - REFERENCES

The Customer authorizes the Operator to mention the Customer's name and logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

ARTICLE 16 - GENERAL PROVISIONS

ENTIRETY OF THE PARTIES' AGREEMENT

The present General Conditions constitute the basis of the commercial negotiations, a contract governing the relations between the Client and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or several stipulations of the present General Conditions were declared null and void in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope. In addition, the fact that one of the parties to these General Conditions does not take advantage of a breach by the other party of any of the provisions of these General Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.

CHANGES IN CONDITIONS 

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to cease temporarily or permanently to operate all or part of the Site. 

Moreover, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as the present General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site. 

The Customer acknowledges that the Operator shall not be liable in any manner whatsoever to the Customer or any third party for such modifications, suspensions or terminations.

The Operator advises the Customer to save and/or print out these General Conditions for safe and durable storage, so that they can be invoked at any time during the execution of the contract if necessary. 

APPLICABLE LAW

These Terms and Conditions shall be governed by, construed and enforced in accordance with French law.

ACCEPTANCE OF THE TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read the present General Conditions.

By registering on the Site, the Customer confirms that he/she has read the General Conditions and accepts them, making him/her contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available at the date of the order, a copy of which dated to this day can be given to the Customer on request. It is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any previous order, except with the express agreement of the Customer at the origin of a given order.