Terms and Conditions of Sale
Article 1 – Definitions
These General Terms and Conditions of Sale (hereinafter the “GTCS”) are proposed by the company MAHOZEN
Hereinafter referred to as:
"Website": the website "https://mahozen.com" and all its pages, exclusive property of the Company.
"Products" or "Services": all products (goods) and services (benefits) that can be purchased or subscribed to on the Website.
"Seller": MAHOZEN, a legal or natural person, offering its Products or Services on the Website.
"Client": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Website.
"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity".
The internet user visiting the Website and interested in the Products and Services offered by the Seller is invited to carefully read these GTCS, print them and/or save them on a durable medium, before placing an order on the Website.
The Client acknowledges having read the GTCS and accepts them in full.
Article 2 – Application of the GTCS and purpose of the Website
The Seller reserves the right to modify the GTCS at any time by publishing a new version of them on the Website.
The GTCS applicable to the Client are those in force on the day of their order on the Website.
Legal information concerning the host and editor of the Website, the collection and processing of personal data, and the conditions of use of the Website are provided in the general conditions of use, the legal notices, and the data charter of this Website.
This Website offers online sales of home and well-being products.
Access to the Website is free and open to all Clients. The acquisition of a Product or a Service implies the Client's full acceptance of these GTCS, who acknowledges having full knowledge of them. This acceptance may consist, for example, for the Client, in ticking the box corresponding to the acceptance phrase of these GTCS, for example with the mention "I acknowledge having read and accepted all the general conditions of the Website". Ticking this box shall be deemed to have the same value as a handwritten signature by the Client.
Acceptance of these GTCS implies that Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.
The Client acknowledges the probative value of the Seller's automatic recording systems and, unless they provide proof to the contrary, they waive the right to dispute them in the event of a dispute.
Any Order for Products implies the Client's unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly agreed otherwise in advance by the Company.
Article 3 – Customer Service
The customer service of this Website is accessible by e-mail at the following address: "contact@mahozen.com", via a form, or by postal mail at the address indicated in the legal notices.
The Client must indicate in the e-mail their first name, last name, the subject of their request and their Order number.
For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail at contact@mahozen.com.
Article 4 – Order subscription methods and purchase process description
The Products and Services offered are those listed in the catalog published on the Website. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.
The photos on the Website are non-contractual and may vary slightly from the models photographed. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.
Hereinafter, "Cart" is defined as the intangible object grouping all the Products or Services selected by the Client of the Website for purchase by clicking on these elements. To proceed with their order, the Client chooses the Product(s) they wish to order by adding them to their "Cart", the content of which can be modified at any time.
The Client places the Order via the Website: the Client registers and validates the Order on the Website.
To place an order on the Website, the Client freely selects one or more Products from the Website catalog by clicking on the "add to Cart" button. On the "Cart" page, the Client has the option to check the details of their Order and correct any errors before confirming it.
On the "Information" page, the Client must enter their contact information. They can opt for order tracking by email by checking the required box.
On the "Delivery" page, the Client must choose their proposed shipping method.
On the "Confirmation" page, the Client must enter their bank details as well as the billing address. The Client also has the option to enter a promotional code if they have one.
A complete summary of the Order appears. The Client has the option to modify all elements of the Order before finalization. The Client is responsible for any errors relating to the Order, Products, and contact information.
The sale is validly formed when the Client has confirmed the Order by clicking on the "Finalize my order" button, accepted the General Terms and Conditions of Sale, and proceeded with payment according to the chosen methods, subject to the exercise of the right of withdrawal.
The order validation date corresponds to the date of receipt of the total price including all taxes duly noted.
Article 5 – Prices and payment terms
Unless otherwise stated, the prices listed in the catalog are prices in Euros inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.
MAHOZEN reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.
The Client can place an order on this Website and can make payment by Credit Card, Bancontact, Apple Pay, or Paypal. Credit card payments are made via secure transactions provided by an online payment platform provider.
This Website does not have access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTCS only start from the effective date of receipt of payment by the Seller, who can prove this by any means. The availability of Products is indicated on the Website, in the descriptive sheet of each Product.
MAHOZEN will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. Computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
Delivery costs will be indicated to the Client before any payment. The Website has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated during the order are for informational purposes only and remain dependent on possible delays by postal services or other specific circumstances preventing delivery (demonstrations, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Customer declares themselves the importer of the Product and accepts that in such a case the Seller may be materially unable to provide them with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Website during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.
In the case of hand delivery, the customer may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then be imperatively indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods taken back by the carrier. In the case of letterbox delivery, the customer undertakes to immediately check the package and contact MAHOZEN support if they notice any anomaly. Failing to comply with these requirements, the Customer may be refused their right of refusal, and the Seller will not be obliged to accede to the Customer's request to exercise their right of refusal.
If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask them what to do with their order. If the Customer has mistakenly refused the package, they may request its re-dispatch by first paying the postal charges for the new dispatch. Postal charges must be paid even for orders for which shipping costs were free at the time of ordering.
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from the Customer's clumsiness or incorrect handling cannot be attributed to the Seller.
Any delivery delay compared to the date or deadline indicated to the Consumer Customer during their order or, in the absence of an indication of date or deadline during the order, exceeding thirty (30) days from the conclusion of the contract may result in the termination of the sale at the initiative of the Consumer Customer, upon written request from them by registered letter with acknowledgement of receipt, if, after having enjoined the Seller to make the delivery, the Seller has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.
Specific case of a package whose tracking number indicates that it has been "delivered" but not received in the letterbox: if the Customer observes and informs the Seller that the package is not in their letterbox despite its tracking number indicating that it has been "delivered", customer service may request additional information and an official document from La Poste responding to their claim regarding the corresponding tracking number. The Seller will then make every effort to ensure Customer satisfaction by, in particular, offering to immediately resend the products at their own expense.
Article 7 – Right of withdrawal
The Consumer Customer has fourteen (14) calendar days from the date of receipt of the product of their order to withdraw.
They will be obliged to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from MAHOZEN's receipt of the refund request.
The Product must be returned in perfect condition, unopened and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Website, to be sent to MAHOZEN. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal.
The Product must be returned in perfect condition, unopened and unused.
➡ The Product may be handled to the extent necessary to verify its nature, characteristics and proper functioning.
The Customer is recommended to make the return using a solution that allows parcel tracking. Otherwise, if the returned parcel does not reach the Seller, it would not be possible to initiate an investigation with the postal services to ask them to locate it.
The refund will be made using the same payment method chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using another payment method, and provided that the refund does not incur any costs for the Customer.
The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that they have shipped the Product, if such a demonstration has not previously occurred.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer's liability may be engaged.
In accordance with Article L121-17 of the Consumer Code ("Hamon law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the website:
Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of:
MAHOZEN
I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the goods below:
Order number:
Name / First name:
Phone number:
Email address:
Postal address:
Reason for the claim:
● Exchange* (mention the desired product)
● Refund* (attach a complete bank account identification document (RIB) with IBAN and BIC mentioned)
Signature of the Client(s) (only if this form is notified on paper):
Date:
(*) Strike out the unnecessary mention.
Article 8 – Product Warranty
Legal provisions to be reproduced
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The consumer may decide to invoke the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any guarantee; in the event of this guarantee being invoked, the buyer has the choice between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot result in the extinctive limitation period extending beyond twenty years from the day the right arose, in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, as provided by the Civil Code;
Legal guarantee of conformity
The Seller is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be liable for any lack of conformity existing at the time of delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Product is taken possession of.
However, it will be up to the Client to prove that the defect did exist at the time of taking possession of the Product.
Defects in conformity appearing within a period of twenty-four (24) calendar months from delivery are presumed to exist at the time of delivery, unless proven otherwise.
The consumer has a period of two years from the delivery of the goods to act under the legal guarantee of conformity.
"In the event of a 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 manifestly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. They are then obliged to proceed, unless impossible, according to the option not chosen by the buyer."
Legal guarantee against hidden defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. In the event that the Product cannot be exchanged (obsolete Product, out of stock, etc.), the Client will be reimbursed by cheque or bank transfer for the amount of their order. The costs of the exchange or reimbursement procedure (including return shipping costs for the Product) are then borne by the Seller.
Article 9 – Liability
The Seller MAHOZEN cannot be held responsible for the non-execution of the concluded contract due to the occurrence of a force majeure event.
Regarding the purchased Products, the Seller shall not incur any liability for any indirect damages resulting from these terms, loss of operation, loss of profit, damages or expenses that may arise.
The Seller's liability cannot be excluded or limited in the event of a breach of its legal obligations.
The choice and purchase of a Product or Service are the sole responsibility of the Client.
The total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, reimbursement, or liability of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness, or the exercise of the right of withdrawal if applicable.
The Client expressly acknowledges using the Site at their own risk and under their exclusive responsibility.
In any event, MAHOZEN cannot under any circumstances be held responsible for:
● any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of customers, loss of data that may result from the use of the Site, or conversely, from the impossibility of its use;
● a malfunction, unavailability of access, misuse, incorrect configuration of the Client's computer, or the use of an uncommon browser by the Client;
● the content of advertisements and other links or external sources accessible to Clients from the Site.
The Seller's liability cannot therefore be invoked if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.
Article 10 – Force Majeure
In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably have avoided or overcome, to the extent that their occurrence makes the performance of the obligations totally impossible, are considered as cases of force majeure or unforeseeable circumstances.
The occurrence of a force majeure event shall automatically suspend the performance of the Order.
Beyond a period of ninety (90) calendar days, if the parties confirm the persistence of the force majeure event, the Order may be cancelled by either party, and the sales contract terminated.
To this end, the most diligent party must send the other party a registered letter with acknowledgement of receipt denouncing the said sales contract.
The effective date of termination shall be the date of the first presentation of the letter.
In this event, neither party may claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual Property Rights
All elements of this Site belong to the Seller or a third-party agent, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations, and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image rights, and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.
Only the use of the Site for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes infringement and is punishable under Intellectual Property law unless prior authorization is obtained.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Customer who is guilty of infringement may have their account deleted without prior notice or compensation and without this deletion constituting damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Seller or its agent.
The trademarks and logos contained on the Site may be registered by MAHOZEN, or possibly by one of its partners. Anyone who represents, reproduces, embeds, disseminates and redistributes them incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.
Article 12 – Processing of personal data
The Company collects Customer data:
a) for the purposes of processing and tracking the Customer's Order on its Site; (and/or)
b) for the purpose of contacting you about various events related to the Company, including updating Products and managing customer relations; (and/or)
c) for the purpose of collecting information to enable us to improve the Site and our Products (in particular through cookies).
The collected data is processed by the contractual service providers of the Site who are in charge of packaging and distributing the ordered Products as well as by the hosting provider Shopify Inc. whose servers are secured and protected by a firewall.
The collected data is retained by the Company only for the time corresponding to the purposes of the above collection and which in no case may exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, rectify, delete, or object for legitimate reasons, to their data.
The Customer can exercise their rights by e-mail to contact@mahozen.com.
Article 13 – User comments and other proposals
If the Customer sends ideas, proposals, or other items, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Customer grants the Company the right, at all times, and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any medium any comment that the Customer sends.
The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
The Company may monitor, edit or remove content that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.
The Customer undertakes to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or proprietary rights. The Customer undertakes not to include in their comments illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Customer undertakes not to use a false e-mail address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of their comments.
The Customer is solely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims any commitment with regard to comments published by the Customer or third parties.
Article 14 – Independence of clauses
If any provision of the GTC is found to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.
These GTC supersede all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Client.
A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTCs must be drafted in the French language.
Article 15 – Applicable law and mediation
The General Terms and Conditions of Sale are subject to French law.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked, stolen or falsified bank card. In this context, no amicable settlement attempt will be accepted.
The fact that a clause of these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other provisions and does not exempt the Customer from the performance of their contractual obligations.
Indemnity
You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, caused by a third party due to or arising out of your use of the Website or our products and services, your breach of the terms, or your breach of your acknowledgments, agreements, representations, warranties, and obligations herein.
National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to mediation at the Customer's request.
(https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage), a Mediator approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years.
In accordance with articles L.612-1 and following of the Consumer Code, the Customer can use a consumer mediator free of charge for the amicable resolution of a dispute. The contact details of the competent mediator are provided upon request.
The European Commission website describes the mediation process used and allows Customers to submit a mediation request online accompanied by supporting documents.
The dispute cannot be examined by the Mediator if:
- the Customer does not prove to have attempted, beforehand, to resolve their dispute directly with the Company by a written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has been previously examined or is being examined by another mediator or by a court,
- the consumer submitted their request to the mediator more than one year after their written complaint to the Company,
- the dispute does not fall within their scope of competence.
Mediation is free for the Customer. If the Customer, at any stage of the mediation, resorts to a lawyer, a third party of their choice or an expert to defend them, they alone bear the costs.
The Mediator cannot receive any instructions from the parties or be remunerated based on the result.
Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions.
The Customer can seize the competent courts in accordance with the rules of common law.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, a stolen or forged check. In this context, no attempt at amicable conciliation will be accepted.
The fact that a clause of these General Terms and Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and does not exempt the Customer from fulfilling their contractual obligations.
Parts warranty
The warranty is limited to 30 days following the purchase date under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.
Any commercial warranty applies without prejudice to the legal guarantees of conformity and hidden defects.