Terms & Conditions of Sale

Preamble

1. Website Ownership
2.  Rights and Obligations
3.  Current Version

 
Terms & Conditions 

1 - Language
2 - Purpose  
3 - Creating An Account
4 - Placing an order
5 - Order Confirmation
6 - Price and delivery costs
7 - Payment
8 – Delivery
9 - Product compliance
10 – Warranty
11 – Cancellations
12 - Product Conditions Of Use
13 - Liability
14 - Privacy Policy
15 - Suspension - Termination
16 - Industrial and Intellectual property rights
17 - Miscellaneous
18 - Law - Disputes 

Preamble

1. Website Ownership

The Website www.maiori.com is owned and operated by MAIORI DESIGN CO. LTD, with office at 1001 Westley Square on no. 48 Hoi Yuen road, Hong Kong S.A.R.”

For any information regarding Orders or for any complaints to make, the Customer Service’s contact details are found in the direct contact form available from our contact page at http://www.maiori.com/contact.html, or login to your account and place your comment or complaint directly under your order.

2.  Rights and Obligations

These Terms and Conditions set out the rights and obligations of Maiori and the Customer. The Terms and Conditions, the Order form and the Order confirmation constitute the sale contract between Maiori and the Website’s Customer upon the sale of the ordered Products. The Customer acknowledges, prior to placing an Order that he has read and agreed to all the information aforementioned.


3. Current Version

Maiori reserves the right to make alterations to these Terms and Conditions. The Customer agrees to comply with the current version of Terms and Conditions by only ordering and purchasing on Maiori’s Website.

Terms & Conditions 



1 - Language 

The terms and expressions beginning with a capital letter in these Terms and Conditions have the following meaning (whether used in the singular or the plural forms)

- « Terms and Conditions»: refers to the current document, that is the terms and conditions applying between the Customer and Maiori

- « Website »: refers to the website available at www.maiori.com or any other address having a different extension

- « Product »: refers to the items offered for sale available on the Website

- « The Customer » (or « Customer »): refers to a private person of full age using the Website to acquire one or more Product(s) for his personal needs, for which he accepted the Terms and Conditions.

- « Order »: refers to the sale order from the Customer on one or more Products while using the Website or the Customer Service.

- « Parties »: refers to the Customer and  Maiori.

 2 - Purpose 

The purpose of these Terms and Conditions is to define the rights and obligations of the Parties in the context of online selling of Products proposed in this e-shop by Maiori. The Customer acknowledges, prior to placing the Order, that he/she has read and agreed to all information included in these Terms and Conditions.

 3 - Creating An Account 

To place an Order on the Website, the Customer must create an account by completing a subscription form. While creating his account, the Customer shall choose a login and a password. The Customer is advised not to disclose his login and his password at any time. The Customer can access The Customer’s account at any time by using the login and password.

3.1 Legitimacy

 The Customer hereby states that all personal information provided is complete and accurate in order to proceed to his precise identification in any situation. Any misleading or defamatory information is likely to result in immediate closing of the Customer’s account and termination of his Order(s) by Maiori

3.1 Responsibility

The Customer is responsible for all actions conducted on the Website while using his login and password. Any user, having subscribed to the Website, shall be liable for any Order placed while connected with his login and his password, subject to the Clause 9.3.

 3.2. Personal Data

 The Customer has the right to request access to the personal data that we may hold. The Customer has the right to require us to correct any inaccuracies free of charge.

Maiori may not be held responsible for any incorrect personal details entered by the Customer, nor for the consequences related to any delays during the delivery process. As a result, all return costs would be at the Customer’s charge.

 4 - Placing an order 

A Customer may place an Order, on www.maiori.com once logged with his member account, following Clause 3.

4.1. Shopping Basket

While browsing through the Website, the Customer may add Products to his shopping basket at any time and until final Order confirmation modify quantities or remove one or more selected Products.

4.2. Submitting Orders

By clicking on the ‘Checkout’ button, the Customer acknowledges his offer to Maiori to buy the goods on the Website. Following validation of the shopping basket, the Customer shall confirm his Order to Maiori by completing the following process:

  1. Completing all the requested information
  2. Accepting the Terms and Conditions
  3. Validating the payment


5 - Order Confirmation

5.1. Acknowledgement

Once the Order is confirmed by the Customer, following clause 4.4., the Customer will receive an acknowledgement of receipt by e-mail to confirm the Order including all elements (such as the list of ordered Products, price, date of delivery, shipping costs and methods…).

5.2. Effective Order

The contract shall only be effective upon Maiori’s confirmation email, as detailed in clause 5.1. and the Order will be established once the related payment is made by the Customer.

5.3. Warranty of Price and Offer

Maiori warranties the price advertised on the Website at the time of purchase. The Product offers advertised on the Website shall be valid for as long as the Products related thereto are on line and while stock last. Promotional offers will be stated clearly onsite with period of effectiveness.

5.4. In Case Of Product Unavailability

As a rule, products not in stock cannot be bought in the Website. In the unlikely event a Product is unavailable after purchase by the Customer, Maiori will inform the Customer by e-mail as soon as possible and inform, if possible, for the new availabilities of the Product. In case of refusal by the Customer of the new availability period, or of the exchange with a similar Product, the Customer will be refunded within (30) days from the confirmation of the refusal.

5.5.  Waiver

Maiori reserves its right to not confirm the Order for any legitimate reason specific to Products procurement or any problem concerning the received Order.

6 - Price and delivery costs

6.1. Currency & Price Structure

Prices are indicated in Prices are in USD Exclusive of Tax. Maiori reserves the right to modify Product’s prices at any time without notice. The price fixed at the time of purchase is firm and does not include the delivery costs.

 6.1. Courier Charges

Delivery costs will be indicated in the summary of the Order before payment. Maiori applies neither customs duties nor VAT on prices advertised on the Website

6.2. Customs Duties

The Customer will have to pay for customs duties or VAT or any other taxes due to the import of Products in the country of delivery. The Customer is also solely responsible for the formalities related. The Customer is solely responsible for checking whether the Products ordered can be imported under domestic law in the country of delivery.

6.3. Discrepancy in Product Price

If the correct price of the goods is higher than the price stated on our Website, we may, if possible, reject the Order in our discretion, in which case we will notify the Customer of such rejection and the correct price for the goods

7 - Payment 

7.1. Undertaking

The Customer undertakes to pay the total price of the Products and shipping costs as stipulated on the Website and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of Products in the country of delivery, directly to the forwarding or customs agent where applicable.

7.2. Payment Methods

Payments can be made by one of the following payment methods:

  • Credit Card (MasterCard, Visa, American Express)
  • PayPal

The Customer warrants all authority needed and sufficient funds to use such a payment method.

7.3. Credit and Debit Cards

 While paying by credit card, or debt card wherever allowed, the payment cannot be cancelled. The payment is irrevocable, without prejudice for the Customer to exercise his rights, such as described in Clause 9.3. The Customer account will be debited the working day following the Order confirmation.

 7.5. Private Data

In accordance with EU information protection regulations, Maiori will not store members’ bank details. Members should therefore save and print the payment document from their bank if they wish to have a copy of the transaction details.

 7.5. Security

 Maiori uses SSL (Secure Socket Layer) encryption, and other encryption processes to provide the most effective protection possible for all sensitive payment information.

 7.6. Non-Payment


Maiori reserves its right to claim the return of the ordered Products in case of non-full payment. Under those circumstances, and upon Maiori’s request, the Customer shall return any Product for which the payment has not been received. The Customer shall pay for any costs in connection therewith.

8 – Delivery

Products detailed in the Order form will be delivered to the address indicated by the Customer during checkout, after confirmation of the Order. An email will be sent to the Customer as soon as the Products are shipped. The area of delivery corresponds to the geographical area covered by the offer that can be looked up in.

8.1 Delivery Confirmation

Delivery shall be deemed to have taken place when the Products are delivered to the Customer at the address indicated in the Order confirmation. The delivery note given by the carrier, dated and signed by the Customer upon delivery will constitute evidence with regard to transport and delivery.

8.2. Customer Absence at Delivery

In case of absence of the Customer during delivery, the carrier may leave a notice or do other arrangements according with their own policies. Products may therefore be collected following carrier’s indications. In absence of Products’ withdrawal by the Customer in the limited period fixed by the carrier, the Products will be returned to Maiori. Maiori will reserve the right to reimburse the Customer, while the delivery costs will remain at the Customer’s charge.

8.3. Conformity

Transfer of risk occurs on delivery, at the address indicated on the Order confirmation or when the Customer collects the Product(s) from the carrier. The Customer shall check the content, the conformity and the condition of the Product(s) upon delivery.

8.4.  Complaints

The Customer is advised to check the condition of the Products upon delivery and before signing the acknowledgement of receipt of the parcel. In the event of delays, damages, total or partial losses, or any problem whatsoever, the Customer shall express all reserves and complaints, which would seem justified, including the total refusal of the parcel.

9 - Product compliance

9.1. Product compliance

The information given on each Product page is representative; Maiori verifies Products in accordance with their descriptions before their shipment. However, due to technical reasons (photographic and IT constraints), the actual Products may differ slightly from pictures provided on the Website.

9.1.2. Non-Conformity

In the event of non-conformity of any Product delivered to the Customer, the latter may return it to Maiori following the procedure stated in clause 9.3.

10 - Warranty

Maiori warranties every product for 2 years applicable from the date of purchase, such warranty does not cover damages, breaks or malfunctions from non-respect of precautionary measures. The full terms of warranty are detailed here: http://maiori.com/int/warranty-return-policy

11 - Cancellations

11.1 Customer Rights

The Customer has the legal right to cancel his Order within fourteen (14) working days, starting on the day after the day on which the goods are received.

The Customer returning a Product within this period will obtain a reimbursement of both the amount of the Product and the shipping costs (which do not include the returning costs). Maiori may at Maiori’s discretion issue a proposal to the Customer having exercised his Cancellation’s right to choose for an exchange or a credit note of the same amount.

11.2 Exercise Of Right

 The Customer can exercise the right to cancel by e-mail. In order to process the return as fast as possible and most convenient for you, we would like you to contact our Customer Service by e-mail at hello@maiori.com.

11.3 Conditions

Any Product returned without our prior notice and consent by our Customer Service will not be accepted. Any Product returned must be packed in their original packaging. Maiori will claim a refund from the Customer in case of damaged products or goods that have been used and sent without applying reasonable care.

11.4 Refunds

The Customer will be refunded within (30) days from the Order is received in our warehouse. Refunds are made via bank transfer.

11.5 Return address

The Product should be returned to the following address, by traceable post, including the reason for exchange or refund, and at the expense of The Customer:

Maiori Design Co. Ltd
1001 Westley Square
48 Hoi Yuen road
Kowloon. Hong Kong.

11.6 Return of Damaged and Faulty Goods

We remind the Customer that if a Product is damaged while in transit, the Customer can record this damage on the delivery sheet and all return Maiori will cover charges. If the Customer receives a faulty Product, return charges will too be borne by Maiori. In both cases:

• if the Product can be returned by regular mail to the address above, Maiori will refund the return charges on presentation of a receipt (the Customer will have to return the parcel by regular mail only, as recorded).

• If the Product is too heavy or too voluminous, Maiori will at its expense organize the return by a carrier of Maiori choice. The carrier will contact the Customer to collect the goods.

12 - Product Conditions Of Use 

12.1 Understanding of Use

Prior to any Order and use of the Products, the Customer shall read all information available on the Website, and seek specifications and components of the Products and ensure that they are compatible with his private use.

12.2. Obligation

The Customer undertakes to respect instructions of use given by the suppliers and available on the packaging, and the Product’s manual before use. For further information on the Product’s specifications, please contact our Customer Service.

13 - Liability 

13.1. Territories

Products offered on the Website are compliant with the applicable legislation and standards in the EU. Maiori undertakes exclusively to comply with all current legal terms applicable in the European Union. No regulations specific to the country of delivery and/or consultation of the Website shall be applied.

The Customer is solely responsible for ensuring that applicable legislation in his country is complied with. And it is up to Him to investigate with the relevant local authorities any possible restrictions on the import-export or use of the Products.

13.2. Scope

Maiori is solely responsible for the supply of Products in the conditions described in these Terms and Conditions.

13.3. Limitation of Liability

Maiori liability is limited to direct and predictable damages occurring to the Customer as a result of using the Website and the Products. Maiori shall not be liable for damages caused by any failure from the Customer as a result of using the Website or the Products.

The Customer shall not hold Maiori liable for the non-execution of its unforeseeable and unavoidable obligations, or of those of any third-party, during the Products delivery due to a case of force majeure.

13.4. Non-Availability

The Customer acknowledges the limits of the Internet and methods of electronic communication. Consequently, Maiori shall not be held liable for non- availability of the Website or for any difficulties in connecting or for any interruptions in connection while visiting the Website or when placing an Order.

13.5. Website Service

Unless otherwise provided, the Website is accessible at any place whatsoever, as long as the minimum technical conditions are respected. The Customer agrees to comply with all rules of public policy concerning behavior of the users of the Internet network and applicable in the country from which he uses the Website.

14 - Privacy Policy 

14.1. Purpose of Customer Data Collection

The personal information requested from and related to the Customer is essential to process and ship the Customer’s Order, to issue invoices and to draft warranty agreements, as the case may be or for the benefit of satisfaction’s questionnaires. This information may also be provided to judicial of administrative authority.

 14.1. Customer Data Protection

 All information provided by the Customer will be treated securely and strictly in accordance with the EU Data Protection Directive.

 14.1. Customer Right of Access to Data

The Customer may exercise its right of access, correction and deletion of the information related to Him by modifying directly his personal information in his member account page or by writing to hello@maiori.com

 14.1. Promotional and Commercial Information

When creating or consulting their online accounts, Customers will have the option of choosing whether to receive commercial, or marketing offers by e-mail from Maiori, and/or partners, should the Customer wish, for any reason, to not receive such offers, he shall at any time cancel his subscription whether by clicking on the corresponding link in the e-mails or by modifying his details on his online account.

14.2. Cookies

The Website makes use of “cookies”. Cookies do not contain any personal data but can improve the Website experience. The use of cookies is generally accepted and virtually all websites use them.

If the Customer does not wish Maiori to automatically place cookies on his PC’s hard disk, he can change his browser settings so that these cookies are automatically rejected, or so that he may be informed of such placement of a cookie. The Customer should bear in mind that if he rejects cookies, certain parts of the Website may not work or may be less accessible.

The Customer may prevent the registration of cookies by configuring his browser. Analytical tools are used on the Website, which track the users activity and create anonymous user profiles.

15 - Suspension - Termination 

The Customer may at any time terminate his subscription to the Website and close his member’s account. To this end, the Customer shall address his termination request to the Customer Service.

In the event of any breach by the Customer of any of his obligations, in particular in case of payment incident, Maiori reserves the right to suspend the Customer’s access to the Website or terminate his Customer’s account depending on the degree of gravity. Maiori reserves the right to refuse any Order from a Customer with whom there are pre-existing disputes.

16 - Industrial and Intellectual property rights 

All elements on the Website, e.g. visual, pictures, audio, writings, animations, visual identity, database utility, software and other underlying technologies are the exclusive property of Maiori and are protected by international copyright, brand and patent laws.

The Maiori trademark, illustrations, images and logos included on Products, their accessories or packaging, registered or unregistered, are and shall remain the exclusive property of Maiori, with exception to visuals, trademarks and logos of partners of which information is offered on the Website.

Any full or partial representation, modification, reproduction, distortion, of all or part of the Website or its contents, by any procedure whatsoever and in any medium whatsoever, without prior express permission of Maiori is strictly forbidden.

17 - Miscellaneous 

In the event that any one of the provisions of these Terms and Conditions should be deemed to be illegal or non-binding pursuant to a legal decision, the other provisions shall remain effective.

 17.1. Enforceability

The agreement by the Customer of these Terms and Conditions has the same probative force as a hard-copy written document. The information delivered by the Website is deemed to be authentic in dealings between the Parties. Details such as time of receipt or of sending, along with the quality of the data received shall be deemed to be authentic, with priority given to the data recorded on Maiori IT systems, or as authenticated by Maiori ‘s computer procedures, unless the Customer can prove otherwise in writing.

The scope of the proof of the information delivered by Maiori’s computer systems is that granted to an original in the sense of a written document on paper, signed by hand.

Emails sent between Maiori and the Customer shall be deemed to be the evidence of the communications, and if so of their commitments, in particular in case of Orders or payments.

17.3. Archive

The archiving of contractual documents is done on reliable and long lasting supports in order to provide a true and long lasting copy

17.4. Force majeure

Maiori shall have no liability to the Customer for any failure to deliver goods he has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

18 - Law - Disputes 

These Terms and Conditions in the English language shall be performed and interpreted in accordance with the legislation of Hong Kong S.A.R. In the event of a dispute, the Customer must contact Maiori in order to attempt to reach a friendly solution. Failing this, the Courts of France shall have sole jurisdiction. The Terms and Conditions also apply for all Website’s users who did not place an Order, in particular Clause 11 to 15.