Terms and Conditions of sale
These terms and conditions of sale have been agreed by Masama and www.masama.org, EIRL with registered office at 34 rue Giuseppe Verdi, 69800, Saint-Priest in the first part, and any individual or legal entity intending to make a purchase on Masama website (hereinafter “the customer”) in the second part.
These terms and conditions of sale define the contractual relationship between Masama and the customer and the conditions applicable to all purchases made on Masama retail website, by business and personal customers. By purchasing a good or service on this website, the customer unreservedly agrees to these terms and conditions of sale. These terms and conditions of sale shall take precedence over all other general or specific terms and conditions not expressly approved by Masama. Masama reserves the right to amend its terms and conditions of sale at any time. In such cases, the applicable conditions shall be those in effect on the date of an order by the customer.
Nature of goods and services for sale
Goods and services are those included in the online catalogue featured on Masama website. The sale of goods and services is subject to available stock. All products are accompanied by a description from the manufacturer. Photographs featured in the catalogue are as accurate as possible, but cannot be guaranteed to be a perfect likeness to the product available for sale.
Prices featured in the catalog are in euro and inclusive of taxes. Any change to the rate may be passed on to the price of products or services. Masama reserves the right to amend its prices at any time. However, the price featured in the catalog on the date of the order shall be solely applicable to the customer. Geographic coverage of the sale of consumable products featured on the website is available to customers residing inside and outside France.
Buyers from outside France are responsible for the payment of import taxes or other taxes under their government regulations if any are applicable.
By confirming an order, the customer agrees to, and acknowledges that they are fully aware of, these terms and conditions of sale, and waives their own terms and conditions of purchase and/or other conditions. All information provided and the recorded confirmation shall constitute proof of the transaction. Confirmation shall constitute signature and acceptance of transactions made. The seller shall send a confirmation email after an order has been placed.
Individual non-business customers have a withdrawal period of seven days from delivery of their order in which to return their product to the seller for an exchange or refund without penalty, with the exception of return costs. The withdrawal period does not apply to coffee and other consumable products, in accordance with Article L.121-21-8 of the French Consumer Code, which states: “The right of withdrawal may not be exercised for contracts: […] 4. For the supply of goods likely to deteriorate or perish rapidly; 5. For the supply of goods whose seal has been broken by the consumer after delivery and which cannot be returned for reasons of hygiene or protection of health”;
The purchase price is payable at the time of order. The following cards are accepted for payment on the website: Visa and MasterCard. Masama does not retain customers’ credit card details. The customer’s account shall only be debited at the time of order. The customer may request a paper invoice.
Deliveries shall be made to the address stated on the order form, which must be within the agreed geographic area. The buyer shall be liable for all risks once the products have left the premises of Masama. In the event of damage during carriage, a claim with accompanying reasons must be submitted to the carrier no more than three days after delivery. Delivery times given are indicative only.
All products supplied by the seller are covered by the statutory guarantee under Articles 1641 and seq of the French Civil Code. Where a product is non-compliant, it may be returned to the seller, who will take back, exchange, or issue a refund for the product. All claims and exchange and refund requests must be sent by email to firstname.lastname@example.org; or by post to Masama, 34 rue Giuseppe Verdi, France, no more than thirty days after delivery.
Within the online sale process, the seller is bound only by a best-efforts obligation; the seller accepts no responsibility for damage resulting from the use of the internet such as data loss, hacking, virus, interruptions to service, or other issues beyond its control. Intellectual property All contents of the Masama website are and shall remain the exclusive intellectual property of Masama. All reproduction, operation, dissemination, or use for any reason whatsoever, including partial, of the website content, including software, visual or audio content, are prohibited without the written consent of Masama.
Storage – Evidence
Masama shall store order forms and invoices on a durable storage medium providing an accurate copy in accordance with Article 1348 of the French Civil Code. Masama’s computerized records shall be deemed by the parties as proof of communications, orders, payments, and transactions between the parties.
These terms and conditions of sale are subject to French law. In the event of a dispute, the courts of Paris shall have jurisdiction, notwithstanding proceedings involving multiple defendants or the introduction of third parties.