GENERAL TERMS AND CONDITIONS OF SALE (GTCS)

1. GENERAL PROVISIONS

1.1. Scope of the GTCS
These general terms and conditions of sale (hereinafter the “GTCS”) govern and apply without restriction to the relationship between the company MAISON MALFROY (hereinafter referred to as “MALFROY”), a limited liability company with a share capital of €1,232,000, registered with the RCS of LYON under No. B 957 526 379, whose registered office is located at 153, route de Vourles, SAINT-GENIS LAVAL (69230), and any buyer who qualifies as a consumer, meaning any natural person placing an order for products on the online sales section (e-shop) of the website www.malfroy.com (hereinafter the “Site”) for purposes unrelated to their commercial, business, or professional activity (hereinafter the “Customer”).

MALFROY offers for sale on the Site textile products manufactured by and/or for MALFROY (hereinafter referred to as the “Products”).

Please note that the Products sold on the Site are intended exclusively for private individuals, in their capacity as consumers, for strictly personal use, including for personal gifts, and not for any commercial purpose. Purchasing Products for resale by the purchasing Customer or the recipient is not permitted. Each order is limited to a maximum amount of €1,000 including tax.

The GTCS, together with the online order, constitute the binding contractual documents between the parties, to the exclusion of all other documents, brochures, catalogs, or photographs, which are provided for information only.

The GTCS apply exclusively to Products delivered to consumers.

The GTCS are written in French, as are all contractual information provided on the Site.

In these GTCS, the Customer and MALFROY are collectively referred to as “the Parties.”

1.2. Availability and Enforceability of the GTCS
The GTCS are made available to the Customer on the Site where they can be consulted directly by clicking on the "General Terms and Conditions of Sale" tab.

The GTCS are binding on the Customer, who acknowledges having read and accepted them before placing an order.

Order confirmation constitutes acceptance by the Customer of the GTCS in effect on the date of the order, which are retained and reproduced by MALFROY in accordance with Article 1127-1 of the French Civil Code.

Nevertheless, MALFROY recommends that the Customer save and/or print these GTCS for safekeeping and reference during the performance of the contract, if needed.

MALFROY reserves the right to amend or modify these GTCS at any time. In all cases, the applicable GTCS will be those in effect on the date of the order. A dated copy of these GTCS may be provided to the Customer upon request.

 

2. PRODUCTS

2.1. Characteristics

The Products offered for sale are those listed on the Site at the time it is consulted by the Customer, subject to availability.
The Products comply with the legal requirements of French law in force at the time they are placed on the market.
The Customer must consult the Product descriptions on the Site in order to know the essential characteristics of each Product, as defined by Article L. 111-1 of the French Consumer Code.
The photographs illustrating the Products on the Site are not contractual documents.

2.2. Availability
Products are offered and delivered subject to availability.
In case the ordered Product is unavailable, MALFROY shall promptly inform the Customer and may offer a Product of equivalent quality and price, or alternatively, a store credit equal to the value of the order, valid for a future purchase.
If the Customer refuses, MALFROY shall refund the amounts paid within a maximum period of thirty (30) days.
Aside from the refund of the price of the unavailable Product, MALFROY shall not be liable for any cancellation compensation, except where the non-performance of the contract is attributable directly to MALFROY.

 

3. OFFER

Online sales offers presented on the Site are valid, unless a specific duration is indicated, as long as the Products remain listed and available in stock.

The Customer's acceptance of the offer is confirmed, in accordance with the double-click process, by confirmation of the order.
It is reminded that the validation of the order form, as described in Article 4 of these GTCS, constitutes an electronic signature that has, between the Parties, the same legal value as a handwritten signature and constitutes proof of the entirety of the order and of the payment obligation incurred thereby.


4. ORDER

4.1. Customer Account
A Customer Account may be created by clicking the “My Account” tab available on all pages of the Site.
The Customer must provide a valid email address and fill in the required fields to create their Customer Account. In addition to the email address, the Customer must provide their first and last name, a password, and optionally their date of birth. MALFROY recommends a password with at least eight characters, including three different types (uppercase, lowercase, numbers, special characters).
Once the Account is created, the Customer may add further information such as mailing address and telephone number.
The Customer expressly agrees not to provide false information or create an account in another person’s name.
A confirmation email will be sent to the address provided by the Customer.
The Customer will then have permanent and secure access to their Account using their login credentials.
The login and password are strictly personal and confidential. The Customer agrees not to disclose them to third parties in any form.
Any change to the Customer’s information must be updated online, effective the next business day.

4.2. Order Registration
To place an order, the Customer selects the Product(s) and adds them to their virtual cart by clicking “Add to Cart.”
At any time, the Customer may:
• Click “My Cart” to view or modify selected Products;
• Click “Continue Shopping” to browse further;
• Click “Checkout” to finalize the purchase.
At checkout, the Customer enters the delivery (and billing, if different) address, selects delivery and payment methods, and may modify the entered information.
The order summary includes:
• Delivery address;
• Billing address (if different);
• Product visuals;
• Delivery fees;
• Promotions or discounts;
• Total price including VAT.

After reviewing the order summary, verifying its content, and correcting any errors, the Customer acknowledges having read these General Terms and Conditions of Sale, their payment obligation, and their right of withdrawal, which they confirm by placing the order.

The Customer is informed that confirming the order implies an obligation to pay.

4.3. Order Validation
The Customer confirms the order by clicking the “Pay Now” button.
Upon registration of the order, a confirmation email is sent to the address provided by the Customer.
MALFROY reserves the right to reject any order for the following reasons:
• Abnormally large order exceeding the €1,000 limit stated in Article 1.1;
• Pre-existing dispute with the Customer;
• Partial or total non-payment of a previous order;
• Refusal of payment authorization by financial institutions.

4.4. Order Confirmation
The order becomes final upon receipt of payment by MALFROY.
A confirmation email with a detailed order summary is sent to the Customer.
Product unavailability will be indicated (see Article 2.2).

 

5. PRICE

5.1. Sale Price

In accordance with Article L. 112-1 of the Consumer Code, prices are indicated in euros (or other local currencies), including all taxes, excluding delivery charges which are shown prior to order confirmation.
Prices include VAT applicable on the order date.
Delivery fees are displayed on the Site and in Article 7.2.
The total amount due is shown at the order confirmation stage.
In case of promotions, MALFROY agrees to apply the reduced price to all orders placed during the promotional period.

5.2. Price Modification
MALFROY reserves the right to change prices at any time, while guaranteeing the Customer the price applicable at the time of the order.

 

 6. PAYMENT TERMS

The amount due is that shown in the order summary.
Payment must be made at the time of order by credit card, PayPal, ApplePay or ShopPay. Secure payments are handled by Shopify International Limited, hosted in the EU.
The payment method is charged at the time of order.
At no point does MALFROY have access to or retain the Customer’s banking data.
In accordance with Law No. 2000-230 of March 13, 2000, the online entry of banking details and final order validation constitute proof of agreement and enforceability.

     

    7. DELIVERY

    7.1. Definition
    Delivery refers to the transfer of physical possession or control of the Product to the Customer.

    7.2. Delivery Times and Methods
    Products are delivered to the address provided at checkout.
    Orders received on working days are processed the following day. Orders placed after Friday afternoon, on weekends or public holidays, are processed the next business day.
    Delivery is announced via email.
    In the event of absence at the delivery address provided by the Customer, the package may be collected from a pickup point within ten days following the delivery notice (for deliveries in France). In other countries, if the recipient is absent at the time of delivery, the carrier will either attempt a second delivery or leave the package at a designated pickup point (full details will be provided by email to the address supplied).
    MALFROY is not responsible for unreported address changes or entry errors by the Customer.
    Unless otherwise requested, deliveries are made by Chronopost or UPS:
    • 1–2 business days in mainland France;
    • 3–4 business days abroad.
    Shipping fees:

    • France and Europe: free to relay points; home delivery is free from €200 (excluding delivery costs), otherwise €10.
    • UK: £15 shipping fees.
    • North America: free shipping from $200 (excluding delivery costs), otherwise $15.
      Products are delivered in one shipment unless unavailable. MALFROY may split delivery and will notify the Customer if so. No additional fees apply.
      If delivery is not made within 30 days of the order (excluding force majeure or Customer fault), the Customer may cancel by registered letter. MALFROY will refund all sums paid within 14 days of cancellation.

    7.3. Receipt and Conformity
    Upon receipt of the order, the Customer shall verify that the Products delivered conform to those ordered.

    Without prejudice to the application of the legal warranty, if a Product does not conform to the order, is missing, or is damaged, the Customer must submit a claim to MALFROY within thirty (30) days of receiving the order, in order to request the replacement of said Product or, if applicable, the cancellation of the sale.

    Claims must be sent by registered mail with acknowledgment of receipt to the following address: MAISON MALFROY, 153, route de Vourles BP 33, 69564 SAINT GENIS LAVAL Cedex; or by email to: adv@malfroy.com.

    Except in the case of a legitimate reason, any claim made after the aforementioned thirty (30) day period shall be deemed inadmissible, and MALFROY shall bear no liability.

    MALFROY reserves the right to request the return of the non-conforming or damaged Product from the Customer.

    7.4. Risk Transfer
    Risk of loss or damage passes to the Customer upon physical possession.
    If shipped via MALFROY’s chosen carrier, MALFROY bears the risk.

     

    8. RIGHT OF WITHDRAWAL

    In accordance with Article L. 221-5 of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) days from the day of receipt of the parcel containing the ordered Products—by themselves or by the designated recipient of the order—to return the Product(s) and request a refund without penalty, except for the shipping and return costs, which shall be borne by the Customer.

    During this period, the Customer may return the Products without having to provide any reason and without incurring any penalties. The withdrawal period expires fourteen (14) days after the day the Customer or a third party other than the carrier, designated by the Customer, physically takes possession of the item.

    If this deadline falls on a Saturday, Sunday, or public holiday, it shall be extended to the next working day.

    The Customer shall notify MALFROY of their decision to withdraw by means of an unambiguous declaration:

    • Either by completing the withdrawal form included in the Appendix of these Terms and Conditions, accessible [here];
    • Or by email to the following address: adv@malfroy.com
    • Or by postal mail to: MAISON MALFROY, 153, route de Vourles BP 33, 69564 SAINT GENIS LAVAL Cedex, using the form in the Appendix or a free-format letter.

    The Customer must return the relevant Product(s), at their own expense, in their original packaging (which may have been opened) and in new condition, to the address above no later than fourteen (14) days from the date on which the Customer informed MALFROY of their decision to withdraw.

    It is reminded that the Customer may be held liable for any depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics, and suitability of the Products.

    Shipping and return fees are reimbursed only in the event of an error attributable to MALFROY, provided such error is acknowledged by the company.

    If the above conditions are met, MALFROY will refund the Customer the full amount of their order, including shipping and return costs, without undue delay and, in any case, no later than fourteen (14) days from the date MALFROY is informed of the Customer's decision to withdraw.

    However, MALFROY may withhold the refund until it has received the relevant Product(s) or until the Customer has provided proof of shipment of the Product(s), whichever occurs first.

    The refund will be made using the same payment method used by the Customer for the initial transaction. With the Customer's agreement, another method may be used. In any case, this refund will not incur any charges for the Customer.

     

    9. LEGAL WARRANTIES

    As a professional seller, MALFROY is liable for any lack of conformity of the goods sold under the conditions set forth in Articles L. 217-4 et seq. of the French Consumer Code, and for hidden defects under the conditions set forth in Articles 1641 et seq. of the French Civil Code.

    Accordingly, all Products benefit from the legal warranties, provided they have been used in a normal manner and that care instructions have been followed.

    It is recalled that under the legal warranty of conformity, the consumer:

    – has a period of two (2) years from the delivery of the goods to take action against the seller;
    – may choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code;
    – is exempted from proving the existence of the lack of conformity of the goods for twenty-four (24) months following the delivery of the goods.

    The legal warranty of conformity applies independently of any commercial warranty that may be offered by the seller.

    It is further recalled that the consumer may decide to invoke the legal warranty against hidden defects as defined in Article 1641 of the French Civil Code. In such case, the consumer may choose between rescinding the sale or receiving a reduction in the purchase price, in accordance with Article 1644 of the French Civil Code.

    If a lack of conformity or hidden defect is found to affect one or more Products within the applicable periods, the Customer may return the Products to MALFROY at the following address:
    MAISON MALFROY, 153, route de Vourles BP 33, 69564 SAINT GENIS LAVAL Cedex (France)
    or contact MALFROY’s Customer Service at: +33 (0)4 72 39 33 66 (Monday to Friday, 9am to 4pm), who will confirm the procedure to follow.

    If non-conformity or the hidden defect is confirmed after inspection, MALFROY will proceed with the replacement of the Product(s) showing proven defects attributable to MALFROY or refund the Customer the amount of the relevant Product(s), including any shipping and return fees paid by the Customer, where applicable.

    In any event, MALFROY’s warranty is strictly limited to the replacement or refund of non-conforming or defective Products.

     

    10. LIABILITY

    MALFROY shall not be held liable for any failure or improper performance of the contract due either to the Customer, to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

    MALFROY shall not be held liable for non-compliance of the Product with the legislation of the Customer’s country; it is the Customer’s responsibility to ensure that the Product is not prohibited for sale in their country.

     

    11. RECORDING AND ARCHIVING OF TRANSACTIONS

    All communications, order forms, and invoices are archived on a reliable and durable medium to constitute a true and lasting copy in accordance with Article 1379 of the French Civil Code.

     

    12. PERSONAL DATA – COOKIES

    During the order process, personal data is collected and processed electronically by MALFROY, acting as data controller.

    The Customer is invited to refer to the Site’s General Terms of Use for further information on this matter.

     

    13. FORCE MAJEURE

    The Parties shall not be held liable for any failure to perform any of their contractual obligations resulting from the occurrence of a force majeure event, as commonly recognized by French case law, provided that the Party invoking such event notifies the other Party as soon as possible, does its best to mitigate the consequences, and resumes performance of the contract as soon as the force majeure event has ceased.

    However, if the force majeure event continues for more than three (3) months, the Parties shall be released from their contractual obligations to each other.

     

    14. CUSTOMER SERVICE

    For any questions regarding these GTCS and, more generally, concerning the Products or the Site, the Customer may contact MALFROY at:

    MAISON MALFROY, 153, route de Vourles BP 33, 69564 SAINT GENIS LAVAL Cedex
    or by email at: adv@malfroy.com
    or by phone at: +33 (0)4 72 39 33 66

     

    15. MEDIATION

    In the event of a dispute or claim, the Customer is encouraged to first contact Customer Service (see Article 14 above) to seek an amicable solution.

    The Customer is informed that, if their complaint to MALFROY’s Customer Service remains unresolved or is not responded to within two (2) months, they may submit the dispute relating to the order or these GTCS with MALFROY, as professional seller, to the mediator Mrs. Céline MARTY, who will independently and impartially attempt to help the parties reach an amicable resolution.

    To initiate mediation, the Customer may use the complaint form available on the mediator’s website.

    The Parties remain free to accept or refuse mediation, as well as to accept or refuse the solution proposed by the mediator.

    Additionally, the European Commission provides an online dispute resolution platform for collecting consumer complaints following an online purchase, which will then be forwarded to the relevant national mediators. This platform is accessible at:
    https://webgate.ec.europa.eu/odr

     

    16. JURISDICTION

    In the absence of an amicable resolution, any dispute relating to the existence, interpretation, conclusion, performance, or termination of these GTCS and/or the contract between MALFROY and the Customer, as well as any associated documents, shall be submitted to the competent French courts.

     

    17. APPLICABLE LAW

    These GTCS are governed by French law.

     

    ANNEX: MODEL WITHDRAWAL FORM
    (Annex to Article R. 121-1 of the Consumer Code)
    Please complete and return this form only if you wish to withdraw from the contract.

    To: MAISON MALFROY
    Customer Service
    153, route de Vourles BP 33
    69564 SAINT GENIS LAVAL cedex
    adv@malfroy.com

    I/We () hereby give notice of my/our () withdrawal from the contract concerning the sale of the following item(s):
    Ordered on ()/Received on ():
    Name of Customer(s):
    Address of Customer(s):
    Signature of Customer(s) (only if sent in paper format):
    Date:
    (*) Delete as appropriate.

     

    ADEME UNIQUE IDENTIFIER: 11473: FR210951_01NAGR