Terms & Conditions

1. INTRODUCTION

1.1 These general terms and conditions of sale (the “GTC”) set out all the conditions applicable to the supply of goods and objects (the “Products”) ordered by professionals and/or consumers (the “Customer”) on the website accessible at maisonmyel.com (the “Online Store”), to the exclusion of all other conditions, and in particular any general conditions of the Customer and those applicable to sales in store or through other distribution and marketing channels.

They are permanently available at https://maisonmyel.com/en/legal/terms, in a downloadable and printable format.

1.2 The supplier of the Products is:

Maison Myel SAS, a simplified joint-stock company with a share capital of €2,000
Registered office: 129 boulevard du Général Koenig – 92200 Neuilly-sur-Seine, France
R.C.S. Nanterre: 945009785
VAT: FR85945009785
info@maisonmyel.com
+33 9 83 08 41 20 (the “Company”).

The Company specialises in the online sale of works of art.

1.3 We advise you to read the GTC carefully before placing an order. By ticking the box “I have read and accept the general terms and conditions of sale” when ordering, you accept the application of the GTC. The GTC may be amended at any time by publishing a new version on the Online Store. Such amendments will not apply to orders placed before the amended GTC were published on the Online Store.

1.4 Unless proven otherwise, the data recorded in the Company's computer system constitutes proof of all transactions concluded with you.

2. ORDERING PRODUCTS

2.1 Orders for Products follow the process below:

(i) You acknowledge having been informed, before placing your order and concluding the contract, in a legible and comprehensible manner, of these GTC and of all essential information concerning the Products and the conditions of your order.

(ii) From the online product catalogue, by clicking on a product you may:

– obtain information about the product, including the estimated production time,

– submit an enquiry about the product using the associated form,

– add it to your basket in order to place an order, or a pre-order, while stocks last.

The Products are described and presented as accurately as possible. However, in the event of errors or omissions in this presentation, in particular owing to their artisanal and bespoke nature, the Company cannot be held liable. Product photographs are not contractual.

After selecting the Products, follow the order validation procedure, including the instructions required to open an account, during which you will be guided by a set of instructions.

If a selected Product is unavailable, you may ask to be notified by email when it is back in stock by following the online instructions.

In the event of prolonged inactivity while connected, the selection of Products made before that inactivity will no longer be guaranteed. You will then be invited to start your selection again.

The Company reserves the right to refuse an order on legitimate grounds, in particular if it appears abnormal (for example if the number of Products is unusually high) or if the Product is unavailable.

(iii) When placing your order, you must provide certain information, in particular your contact details and your payment details (for example your card number).

You will be able to review the details of your order and, if necessary, identify and correct any errors before proceeding to payment, using the form provided for that purpose.

Placing an order entails an obligation to pay.

(iv) Where applicable, the Company will carry out its anti-money laundering procedure as described in Article 10, the outcome of which may affect the completion of your order.

(v) You will receive an order confirmation, a copy of these GTC on a durable medium and an email summarising the Products ordered. Please keep your order number and order date, as you may be asked for this information later.

(vi) Once your order has been processed and the Product is ready for dispatch, the Company will send you a shipping notification by email. Delivery will take place in accordance with Article 3. If an ordered Product is unavailable (or if the quantity ordered is not fully available), the Company will contact you to offer you the choice of cancelling your order or maintaining it in the event that the Product becomes available shortly.

(vii) Any order implies acceptance of the prices and descriptions of the Products offered for sale.

(viii) The sale will only be considered final:

– after the Company has sent you the confirmation of the order confirmation;

– after the Company has carried out, where applicable, its anti-money laundering procedure;

– and after the Company has received payment in full.

3. DELIVERY

3.1 The Products may be purchased and delivered in the territories indicated at checkout.

3.2 The Products are delivered to the address you provided when ordering. It is your responsibility to check that this address is correct. If you are absent at the time of delivery, reasonable steps will be taken to attempt delivery. To that end, you agree to receive information concerning the postponement of delivery or the collection of the Products directly from the Company's subcontractors (in particular its carriers). If you do not reschedule delivery or collect the Products from the delivery point, the Company will contact you for further instructions and may charge you storage costs and further delivery costs. If, despite its reasonable efforts, the Company is unable to contact you or to arrange delivery or collection of the Products, it may terminate the contract.

3.3 The Products will be delivered within a period indicated to you before you validate your order and according to (where applicable) the delivery method you have chosen. For Products in stock, this period shall not exceed thirty (30) days from the conclusion of the contract. For made-to-order Products, the production time is stated on the Product page and restated in the order confirmation; it is added to the dispatch time. In the absence of any indication, delivery takes place no later than thirty (30) days after the conclusion of the contract. If this period is not met, you may terminate the contract under the conditions of Article L.216-6 of the French Consumer Code and obtain a refund of all sums paid.

Delivery times are expressed in working days and correspond to the average time required to prepare and dispatch the order. These periods run from the date on which the Company confirms the order.

If the Products are not available within that period, the Company will contact you using the details provided when you ordered.

Please note that delivery times may be affected by the Company's anti-money laundering policy described in Article 10.

Where the agreed delivery date or period is not met, the order is not cancelled automatically. However, provided the failure is not due to force majeure or to your own fault, you may:

– Terminate the contract if, after notifying the Company to deliver within a reasonable additional period, the Company has not complied within that period (the contract will be deemed terminated upon receipt by the Company of a further letter informing it of that termination, unless the Company has complied in the meantime);

– Terminate the contract immediately if (i) the Company refuses to deliver the goods, or it is clear that it will not do so, or (ii) the delivery date or time is an essential condition of the contract for you, resulting from the circumstances surrounding the conclusion of the contract or from an express request made by you before the contract was concluded.

The Company will refund all sums paid by the Customer within 14 days of the cancellation of the contract.

3.4 Delivery costs are entirely at your expense and their amount will be indicated when you place your order.

3.5 Delivery will be carried out by the Company's subcontractors (for example its partner carriers). You hereby agree to receive information relating to the delivery of the Products directly from those subcontractors.

3.6 Further information is available on the delivery page and/or at the time of purchase.

4. PRICE AND PAYMENT

4.1 The price of the Products and the delivery methods are stated in euros on the Online Store and confirmed during the ordering process.

The Company reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

Prices take into account the taxes applicable on the day of the order, and any change in the applicable tax rate will be automatically reflected in the price of the Products.

4.2 Although the Company endeavours to display accurate prices on the Online Store, errors may occur (for example owing to technical problems, network failures or transmission errors). If the price of a Product you have ordered proves to be incorrect, the Company will inform you as soon as possible and will offer you the choice of confirming your order at the correct price or cancelling it.

4.3 The available payment methods are detailed on the Online Store at the time of payment. The Products will be manufactured (where applicable) and dispatched once payment has been received by the Company.

4.4 By placing an order on the Online Store, you warrant that the payment details provided are correct and valid and that you are authorised to use the corresponding payment method.

4.5 Payment of the full price must be made by the means specified on the order page at the time of the order.

If the price cannot be debited, the sale will be immediately terminated by operation of law and the order will be cancelled.

4.6 Specific provisions for professionals.

No rebate or early-payment discount is granted, in particular in the event of early payment.

In the event of non-payment of all or part of the goods delivered on the due date, you must pay the Company late-payment interest equal to three times the statutory interest rate.

This penalty is calculated on the amount including VAT of the sum remaining due, and runs from the due date of the price without any formal notice being required.

In addition to late-payment interest, any sum, including any deposit, not paid when due will automatically give rise to a fixed penalty of 40 euros for recovery costs.

4.7 Telecommunication costs inherent in accessing the Online Store remain exclusively at your expense.

5. RIGHT OF WITHDRAWAL FOR EU CONSUMERS

This section applies only to EU consumers ordering on the Online Store in a non-professional capacity – for other customers, please refer to the Company's returns and refunds policy.

5.1 If you place an order as a consumer, you have a right of withdrawal which you may exercise without having to give any reason within fourteen (14) days of delivery of the Product. To exercise this right of withdrawal, you must:

– notify the Company of your decision to withdraw by written notice no later than the 14th day following delivery of the Product (for this purpose you may use the form set out in Annex 1 below, or any other unambiguous statement expressing your intention to withdraw), and

– return the Product to the Company within a maximum of 14 days from that notification, unless the Company decides to collect the Products itself (for example if they are very fragile).

5.2 If the price of the Product has already been paid, you will be refunded by the Company (including standard delivery costs, where applicable – but not any additional costs if you expressly chose a more expensive delivery method) no later than 14 days after receipt of the returned Product. Return costs are at your expense. Bulky or fragile Products (furniture, sculptures, framed works) cannot be returned by post and require a specialist carrier: a costed return quotation is provided on simple request to info@maisonmyel.com, including before you validate your order. The Products must be returned:

– where possible, in their original packaging. Failing that, you must pack them with the greatest care for transport so that they are not damaged.

– in their original condition and complete, so that they can be resold as new.

5.3 In the event of deterioration of the Products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning – that is, handling similar to what may be done when purchasing in store – you may be held liable and the Company may reduce the amount of the refund.

5.4 In accordance with the law, the right of withdrawal does not apply to Products made to your specifications or clearly personalised, whose manufacture requires special adaptations to meet very specific technical and aesthetic requirements (for example bespoke furniture or bespoke jewellery).

6. INSPECTION, INSTALLATION AND USE

6.1 On receipt of the Product, it is your responsibility to inspect it in order to check whether it was damaged in transit or whether it has an apparent defect. Any damage or defect observed must be reported to the carrier and notified in writing to the Company as soon as possible, attaching photographs where possible.

If you are a professional, this notification must be made within the three (3) day period provided for in Article L.133-3 of the French Commercial Code, failing which your action against the carrier is extinguished.

If you are a consumer, this report is not a condition of your rights: you retain in all cases the benefit of the legal guarantee of conformity for two years from delivery, of the guarantee against hidden defects, and of your right of withdrawal.

6.2 You are responsible for the installation and use of the Products purchased on the Online Store. You must always refer to the instructions on the Product packaging, to its user manual and, where applicable, to its installation guide.

7. GUARANTEE

7.1 If you are a consumer, the Company is liable for defects of conformity of the Product under the conditions of Articles L.217-3 et seq. of the French Consumer Code, as well as for the guarantee against hidden defects of the item sold within the meaning of Articles 1641 et seq. of the French Civil Code. These legal guarantees apply automatically and at no cost to you.

Under the legal guarantee of conformity:

– You have a period of two years from delivery of the Products in which to act.

– You may choose between repair and replacement of the Products or, failing that, a price reduction or termination of the contract, subject to the conditions and reservations provided for by the Consumer Code.

– You are exempt from providing proof of the lack of conformity of the Products during that period.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Products.

You may decide to rely on the guarantee against hidden defects of the item sold in accordance with Article 1641 of the French Civil Code. In that case, you may choose between termination of the sale and a reduction in the price, in accordance with Article 1644 of the Civil Code.

For further details of these guarantees, the Customer is invited to refer to the relevant provisions of the Consumer Code and the Civil Code, reproduced in Article 15 below.

7.2 For professional buyers of the same speciality as the Company, and to the extent permitted by law, the Products are delivered excluding any guarantee of conformity or against hidden defects. This exclusion applies neither to consumers, nor to professionals purchasing a Product unrelated to their speciality, nor in the event of wilful misconduct or gross negligence by the Company.

8. LIABILITY AND FORCE MAJEURE

8.1 If you are a professional, the Company's total liability in respect of an order is limited to the price you paid for that order. This limitation does not apply to consumers, whose rights arising from the legal guarantees and from the general law remain intact. The Company cannot be held liable for indirect or consequential damage. Nor can it be held liable for damage resulting from: (a) incorrect use or handling of the Product; (b) use and/or installation of the Product in combination with devices/products for which it was not designed; or (c) incorrect installation of the Product. Please note that improper use, installation or maintenance of the Product may result in personal injury and/or property damage.

8.2 The limitations of liability provided for in Article 8.1 do not apply in the event of gross negligence or wilful misconduct, and the Company in no way excludes its liability for personal injury caused by its negligence. Furthermore, no provision of the GTC may limit consumers' rights under mandatory legal provisions.

8.3 The Company cannot be held liable for any defect, damage or loss resulting directly or indirectly from misuse of the Product and/or from any act and/or omission and/or lack of proper maintenance of the Product by the Customer or any person connected with the Customer.

8.4 The Company cannot be held liable if the non-performance or improper performance of its obligations is attributable to an event beyond its control. The following are in particular regarded as such: fires, floods, pandemics, storms, explosions, war (whether declared or not), terrorist attacks or threats, labour disputes, acts or decisions of the State, local authorities or any other competent authority, and more generally cases of force majeure recognised by French law. If the impediment is temporary, performance of the obligation is suspended, unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.

9. PROCESSING OF PERSONAL DATA

9.1 The Company processes personal data for the management of the Site. To find out more about this processing, please consult the Privacy Policy section of the Site, and the Cookie Policy regarding trackers placed on your device.

10. ANTI-MONEY LAUNDERING POLICY

In accordance with applicable anti-money laundering regulations, the Company is required to carry out a “Know Your Customer” (KYC) check for any sale of works of art with a value exceeding €10,000 before any transaction. By entering into a contract with the Company, you represent and warrant that, to your knowledge, you comply and will endeavour to comply with all applicable laws relating to money laundering and similar activities. You also warrant that none of the funds or assets paid or contributed to the Company derives from or is linked to criminal activity. You undertake to provide the Company with all information and supporting documents necessary for it to fulfil its KYC obligations.

10.1 How does the Company's anti-money laundering policy affect you?

When you place an order with a value equal to or greater than €10,000 (whether alone or as part of a series of linked transactions), the Company will request certain information and documents from you (as well as updates thereto) in order to comply with its Know Your Customer (KYC) procedure. The Company will also verify this information against independent and reliable sources.

If it appears that you are not the ultimate beneficial owner (UBO) of the work of art or of the funds used to acquire it, the Company will verify the identity of the UBO, as well as your own identity and your authority to act on their behalf.

This identity verification (KYC) procedure will be initiated before the transaction is concluded. PLEASE NOTE THAT THE COMPANY WILL THEREFORE BE UNABLE TO COMPLETE THE SALE OF THE WORKS (THAT IS, TO DELIVER THEM OR TRANSFER OWNERSHIP OF THEM) UNTIL IT HAS RECEIVED AND VERIFIED ALL THE NECESSARY KYC INFORMATION FROM YOU. THIS MAY AFFECT THE COMPLETION OF THE SALE AND/OR THE DELIVERY TIME COMMUNICATED TO YOU. The KYC procedure will be maintained throughout the business relationship.

The Company will also look for red flags, that is, indicators which may signal a potential (but not necessarily established) risk of money laundering. These indicators may relate to your profile, your behaviour, the structure of the transactions/payments or the work itself.

The main red flags are as follows:

– You are a politically exposed person (PEP): a PEP is a person holding a prominent public function and therefore potentially exposed to a risk of corruption. This risk also extends to members of their immediate family and their known associates. Junior or mid-ranking officials are not considered PEPs.

– You are subject to international sanctions: the Company is not permitted to carry out transactions with individuals or entities sanctioned by the United Kingdom, the European Union, the UN, the United States and other governments and international bodies.

– You are a high-risk individual or entity: this may include persons under criminal investigation or who have been charged with or convicted of a serious offence.

In certain circumstances, the Company may refuse to do business with you (for example if you are sanctioned or if you represent an unacceptable risk) or may be required to carry out enhanced due diligence to ensure that there are no issues.

Other red flags:

– refusal to provide the required information, such as identity documents or the identity of beneficial owners;

– where the customer is acting on behalf of a third party, refusal to disclose that third party's identity;

– evasive attitude, or provision of inconsistent and implausible information or documents;

– lack of concern as to commercial viability, for example an offer to purchase at a substantially overvalued price;

– the customer is a politically exposed person (PEP), or a close relative or associate of a PEP;

– the customer is established in a country classified as high-risk by the FATF or subject to increased FATF monitoring;

– the origin of the customer's funds is doubtful;

– the customer is subject to criminal proceedings or investigations for serious crimes, or is exposed to adverse media coverage liable to call into question the legitimacy of their assets or funds;

– the customer repeatedly asks questions about the Company's internal compliance and anti-money laundering procedures, in particular regarding declarations to tax or anti-money laundering authorities;

– cash payments of significant sums, payments to third parties, and requests to split payments for a single or linked transaction without valid justification;

– purchase or sale patterns inconsistent with known information about the customer's financial means or previous transactions;

– complex or unusually complicated transaction structures and arrangements;

– single customers transacting through several legal entities, possibly through different authorised persons, without any logical reason;

– unexpected changes of instructions without valid justification;

– customers asking to deposit or advance funds to the Company without any specific commercial transaction being contemplated;

– a commercially unjustified transaction;

– customers sending funds to the Company's bank account or making an overpayment and then requesting a refund by cheque or a transfer to another bank account;

– payments originating from high-risk countries where the origin of the customer's funds is suspicious;

– sellers who are evasive about the provenance of an item or who provide apparently false provenance information;

– the authenticity of a work is doubtful;

– the item may originate from a country under sanctions;

– the seller's ownership of the work is questionable and cannot be proven.

In certain situations, the Company may be required to carry out enhanced checks. For example, the Company may:

– collect original or certified identification documents from you;

– take additional steps to verify the information obtained, in particular from your bank or your accountant;

– obtain detailed information on the source of funds or wealth;

– clarify the intended nature of the business relationship and the purpose of the transaction;

– meet with you or discuss the situation with you.

10.2 What happens if the Company detects suspicious activity in connection with your order?

If the Company is unable to resolve suspicious activity satisfactorily, it is under a legal obligation to report it to the competent authority. You will not, however, be informed of this.

10.3 Who should you contact with any questions about this policy?

For further information on the Company's anti-money laundering policy, please write to info@maisonmyel.com.

11. CUSTOMER SERVICE

11.1 To contact customer service, please send an email to info@maisonmyel.com.

12. NOTICE TO CUSTOMERS OUTSIDE FRANCE

If you order from a country outside France, specific provisions apply. The Company recommends that you read its shipping policy carefully and that you check with the competent authorities in your country regarding the regulations applicable to goods shipped from abroad.

13. MISCELLANEOUS PROVISIONS

13.1 The Company may subcontract or transfer its rights and obligations as set out in the GTC, provided that such an operation is not liable to diminish your rights. If you are a consumer, such an assignment requires your agreement where it is liable to reduce your rights; in any event, the Company will inform you in writing beforehand and you may cancel, free of charge, any order not yet performed.

13.2 If any provision of the GTC is declared invalid in whole or in part, the remaining provisions and the other rights and obligations arising from these GTC will remain unchanged and will continue to apply.

The fact that one of the Parties does not rely on an undertaking given by the other Party in respect of any of the obligations referred to herein cannot be interpreted for the future as a waiver of the obligation in question.

13.3 Intellectual property

The Company's trade marks and, more generally, all other trade marks, illustrations, images and logos appearing on the Products, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of their respective holders. Any reproduction, modification or use, in whole or in part, of those trade marks, illustrations, images and logos, for any reason whatsoever and on any medium whatsoever, without the express prior authorisation of their owner, is strictly prohibited. The same applies to any combination or association with another trade mark, symbol, logotype and, more generally, any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent belonging to the Company.

All the elements making up the Online Store (in particular textual and graphic content, but also its structure, its databases, its name, its graphic charter, its logo and its trade mark) are and remain the exclusive property of the Company or its partners and may be protected by intellectual property rights (for example: trade mark, copyright or database producers' rights).

Any exploitation (in particular reproduction, representation, adaptation, etc.) in whole or in part of one or more of these elements, on any medium whatsoever and by any process whatsoever, without the prior written consent of the Company, is strictly prohibited and may therefore give rise to legal proceedings.

The following are also prohibited:

– extraction, by permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of the content of its database to another medium, by any means and in any form whatsoever;

– re-utilisation, by making available to the public all or a qualitatively or quantitatively substantial part of the content of its database, in any form whatsoever;

– repeated and systematic extraction or re-utilisation of qualitatively or quantitatively insubstantial parts of the content of its database where such operations clearly exceed the conditions of normal use of the database.

The only right granted by these GTC is the right simply to use the Online Store in order to purchase Products.

14. GOVERNING LAW AND JURISDICTION

14.1 The GTC are governed by French law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

14.2 By way of derogation from Article 14.1, if you are a consumer, the GTC are subject to the law of your place of residence, to the exclusion of conflict-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods.

14.3 Any dispute or claim concerning the interpretation or performance of the GTC, or relating to them in any way whatsoever, must be submitted to the courts having jurisdiction within the territorial jurisdiction of the Paris Court of Appeal.

14.4 By way of derogation from Article 14.3, if you are a consumer, you may bring proceedings either before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where you resided at the time the contract was concluded or the harmful event occurred.

14.5 In the event of a claim that has not been resolved amicably:

First send your written claim to the Company, at the address of its registered office or to info@maisonmyel.com. The Company undertakes to reply to you within one month.

If the dispute is not resolved at the end of that process, you may, as a consumer, have free recourse to a consumer mediator in accordance with Articles L.611-1 et seq. of the French Consumer Code. The contact details of the competent mediator will be provided on simple request to info@maisonmyel.com and will be published on this page. You retain in all cases the right to bring proceedings before the competent court.

The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

15. REMINDER OF THE APPLICABLE LEGISLATION

The following provisions are reproduced in English for information purposes only. The French original, available in the French version of these GTC, is the only authoritative text.

Article L.217-3 of the French Consumer Code:

The seller must deliver goods that conform to the contract and to the criteria set out in Article L.217-5.

The seller is liable for defects of conformity existing at the time of delivery of the goods within the meaning of Article L.216-1, which appear within a period of two years from that date.

In the case of a contract for the sale of goods containing digital elements:

1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not determine the duration of supply, the seller is liable for defects of conformity of that digital content or digital service which appear within a period of two years from delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any defect of conformity of that digital content or digital service which appears during the period over which it is supplied under the contract.

For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with Article L.217-19.

The seller is also liable, during the same period, for any defect of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made its responsibility under the contract or was carried out under its responsibility, or where incorrect installation carried out by the consumer as provided for in the contract is due to shortcomings or errors in the installation instructions supplied by the seller.

This guarantee period applies without prejudice to Articles 2224 et seq. of the Civil Code. The limitation period applicable to the consumer's action runs from the day the consumer becomes aware of the defect of conformity.

Article L.217-4 of the French Consumer Code:

The goods conform to the contract if they meet, in particular and where applicable, the following criteria:

1° They correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;

2° They are fit for any particular purpose sought by the consumer, brought to the seller's attention no later than the time the contract was concluded and accepted by the seller;

3° They are delivered with all the accessories and installation instructions provided for in the contract;

4° They are updated in accordance with the contract.

Article L.217-5 of the French Consumer Code:

I. – In addition to the criteria of conformity with the contract, the goods conform if they meet the following criteria:

1° They are fit for the purpose normally expected of goods of the same type, taking into account, where applicable, the provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned;

2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model before the contract was concluded;

3° Where applicable, the digital elements they contain are supplied in the most recent version available at the time the contract was concluded, unless the parties agree otherwise;

4° Where applicable, they are delivered with all the accessories, including the packaging and installation instructions, that the consumer may legitimately expect;

5° Where applicable, they are supplied with the updates that the consumer may legitimately expect, in accordance with Article L.217-19;

6° They correspond to the quantity, quality and other characteristics, in particular durability, functionality, compatibility and safety, that the consumer may legitimately expect of goods of the same type, having regard to the nature of the goods and to public statements made by the seller, by any person upstream in the chain of transactions or by a person acting on their behalf, including in advertising or on the label.

II. – However, the seller is not bound by any of the public statements referred to in the preceding paragraph if it demonstrates:

1° That it was not aware of them and was not legitimately in a position to be aware of them;

2° That, at the time the contract was concluded, the public statements had been corrected in a manner comparable to the original statements; or

3° That the public statements could not have influenced the purchasing decision.

III. – The consumer may not contest conformity by relying on a defect concerning one or more particular characteristics of the goods of which they were specifically informed that they departed from the criteria of conformity set out in this article, a departure to which the consumer expressly and separately consented at the time the contract was concluded.

Article L.217-8 of the French Consumer Code:

In the event of a lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract terminated, in accordance with the conditions set out in this paragraph.

The consumer also has the right to suspend payment of all or part of the price, or the provision of the benefit provided for in the contract, until the seller has fulfilled its obligations under this chapter, in accordance with Articles 1219 and 1220 of the Civil Code.

The provisions of this chapter are without prejudice to the award of damages.

Article 1641 of the French Civil Code:

The seller is bound by the guarantee against hidden defects of the item sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have acquired it, or would have given only a lower price for it, had they known of them.

Article 1648 of the French Civil Code:

An action resulting from hidden defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be released from apparent defects or defects of conformity.

ANNEX 1: WITHDRAWAL FORM

To be sent to

Maison Myel SAS – 129 boulevard du Général Koenig, 92200 Neuilly-sur-Seine, France, or to info@maisonmyel.com

On receipt of this form, we will send you a confirmation so that you can return your Products complete and in their packaging (return costs are at your expense).

I hereby give notice that I withdraw from my contract of sale for the following order placed with your company:

Order date: …………………………………………………………………………………………………………

Order number: ……………………………………………………………………………………………………

Name of buyer: ………………………………………………………………………………………………

Address of buyer (as stated on the order form):

…………………………………………………………………………………………………………………………

Products concerned: ……………………………………………………………………………………………

Date: ……………………………… Signature of buyer: ………………………………