Terms & Conditions

The website Ma-maison-algarve.com

The company Cornucopia Passion Unip. Lda. (PT513544143) is the editor and operator company of the website www.ma-maison-algarve.com.

Cornucopia Passion Unip. Lda. has the head office at E.N. 125, Km51, Sítio Bemparece 1, 8400-395 Lagoa (Algarve, Portugal), is registered with the Conservatória do Registo Comercial de Lisboa (Portugal) with the following registration details: CAE 47591-R3, Intra-Community VAT No.: PT513544143.

 

Contact:

Address: E.N. 125, Km51, Sítio Bemparece 1, 8400-395 Lagoa (Algarve, Portugal).

Email: info@ma-maison-algarve.com

 

PREAMBULE

The present Terms & Conditions (hereafter “T&C”) regulate all contracts concluded from the Internet site www.ma-maison-algarve.com. They are concluded between:

The company Cornucopia Passion Unip. Lda. has the head office at E.N. 125, Km51, Sítio Bemparece 1, 8400-395 Lagoa (Algarve, Portugal), hereafter Ma Maison Algarve, and the particular non-professional Customer. The Customer and Ma Maison Algarve are hereafter collectively named the Parties.

All order placed on the website www.ma-maison-algarve.com necessarily implicates the unconditional acceptance of the present T & C by the Customer.

In these conditions, the Parties have agreed the following:

 

ARTICLE 1 – OFFER

The Ma Maison Algarve product offer is valid within the limit of available stock in Portugal. Any order implies acceptance of prices and descriptions of products available for sale.

If, despite Ma Maison Algarve’s vigilance, some articles are unavailable, Ma Maison Algarve will inform the Customer by email as soon as possible, and reserves the right to offer the Customer a replacement product of equivalent quality and price. In the event where Ma Maison Algarve would not be able to provide the Customer with a replacement article or if the Customer does not want a replacement article, they may cancel their order.

Products are destined to be sold to private individuals under the standards for private use and not for professional use.

 

ARTICLE 2 – PRICES

Prices are indicated in euros, tax inclusive, excluding postage and packaging fees. The displayed prices take into account the applicable VAT on the day the contract is concluded. Any change in rates may influence product prices. Sales prices are guaranteed subject to typographic or printing errors. Product prices may vary at any time following Ma Maison Algarve’s pricing policy. Ordered products are charged at the current price when the order is placed. Prices are guaranteed within the limits of available stock.

 

ARTICLE 3 – ORDERS

3.1 – Conditions

To place an order, the Customer must be overage or an emancipated minor with legal capacity.

Ma Maison Algarve will be able to unilaterally decide to cancel orders for objective reasons such as fraud, address and/or delivery errors, delivery address outside of the geographic area indicated in the present T&C, incidents relating to bank details and payment, products out of stock, products removed from sale for objective reasons, etc.

3.2 – Conclusion of the sales contract

In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when the Customer clicks on the button which enables them to confirm their order after seeing the order summary, in particular the total price, and after correcting any errors.

The available language for the conclusion of the contract is English.

3.3 – Procedure and time limits

The Customer may make an order online, on the website www.ma-maison-algarve.com. A Customer who wishes to order a product must necessarily respect the following steps:

  • Add to basket the chosen product,
  • View basket,
  • Proceed to CheckOut,
  • Fill in your billing details,
  • Choose your payment methods,
  • Read and Accept our Terms & Conditions,
  • If you want Delivery,
  • You will receive an automatic receipt confirmation email.

Ma Maison Algarve will send an automatic receipt confirmation email. The bill, if requested, is sent by post or by email.

Ma Maison Algarve reserves the property right of the product(s) until full payment of the order has been made, that is when the order price is collected by Ma Maison Algarve.

Ma Maison Algarve only bears the risk of the products until delivery of these at the address indicated by the Customer on the order form.

 

ARTICLE 4 – PAYMENT

Payment for an online order is made at the time of the order.

Customers may make their payment exclusively by the following methods: Bank cards, PayPal, Ideal, bBank transfer.

Payments made on the website are carried out via the secured SSL 3.0 system, so that the shared information is crypted by software and no third party may access it. This is an obligation of means to Ma Maison Algarve, and the latter is not responsible for any third-party hacking of data shared by Customers.

  • Customers who make their payment by bank card will be directed to the payment platform of the financial institution, operating partner of payment services.
  • Customers who make their payment PayPal will be directed to the PayPal platform, where they can carry out their payment securely and quickly via their personal PayPal account, without sharing bank details with Ma Maison Algarve.
  • Customers who make their payment by bank transfer must make their purchase by ticking this option. They must then make the transfer of the order total to the account number specified at the time of the purchase, an account number which is also sent by email upon order confirmation. If the transfer is not made within 5 days, the order will be cancelled, and we will also cancel the reservation of the ordered article(s).
  • Customers who make their payment by IDeal will be directed to their own bank.

 

 

ARTICLE 5 – DELIVERY

Orders are delivered to the address provided on the order form in Portugal. We also deliver to other countries at different prices than for Portugal, because of different agreements with our transporters.

The Customer must verify the conformity of the delivered merchandise upon delivery. Any anomaly relating to the product (damage, product missing from the order form, damaged, broken, defectuous package…) must imperatively be indicated as soon as it is delivered and notified within 3 days to our Customer Service (customer@ma-maison-algarve.com). In this case, the return postage fees will be reimbursed to the Customer.

The delivery delay is indicated on the product page when the Customer adds the product to their basket and this delay begins once payment is validated. An email confirming shipping is sent to the Customer for each of their orders.

All orders are delivered at the building entrance or the house door of the customer.

No claim may be made to the logistic partner regarding parcels delivered more than 2 months earlier.

 

ARTICLE 6 – PRODUCT RETURNS

6.1 – Description of the right of withdrawal

In accordance with the provisions of the Consumer Code, the Customer benefits from a delay of 14 days to exercise their legal right of withdrawal.

In the case of a product order, the delay starts from the date the products are received. If the 14-day delay expires on a Saturday, a Sunday or a public holiday, it is extended to the next working day.

The Customer does not have to provide a reason to exercise their right of withdrawal. They will not be charged any fee. In case of an exchange, the Customer will not pay any extra administration charges. In the case of a refund of an article that was granted free of charge or discounted during a special offer, part of its commercial value will be refunded.

6.2 – Modalities of exercising right of withdrawal

In case of exercising the right of withdrawal, Ma Maison Algarve takes charge of sending their delivery provider to pick up the purchased articles (upon appointment) at their own charge. The Customer will not pay any return fee.

If the Customer wishes to return the purchased article(s), they may send them at their charge to the following address: E.N. 125, Km51, Sítio Bemparece 1, 8400-395 Lagoa (Algarve, Portugal).

Exercising the right of withdrawal results in the reimbursement of the amount paid upon ordering, as soon as possible and within 30 days from the date on which you exercised that right. The Customer’s reimbursement may only take place as long as the returned article is restored as new and in its original packaging to Ma Maison Algarve.

Reimbursement will be made by the same payment method chosen by the Customer when the order was placed (bank card, bank transfer or Paypal).

The exercise of the legal right of withdrawal is excluded for the following products or services:

  • Services which were executed with your authorization;
  • The PRODUCTS or services the price of which depends on fluctuations of the financial market rates;
  • PRODUCTS made according to the consumer’s specifications or clearly customised products;
  • PRODUCTS which cannot be resent or which are susceptible to deteriorate or expire quickly;

For more information on your withdrawal right, we invite the Customer to contact our Customer Service (customer@ma-maison-algarve.com).

 

ARTICLE 7 – GUARANTEE

Ma Maison Algarve provides the Customer with a free national guarantee which takes effect on the product delivery date. This guarantee applies for two years. The guarantee covers products in their original purchasing configuration and if their series number is legible.

The free guarantee does not apply:

  • In case of accidental material damage. In particular it does not cover deterioration or breakage resulting from a bad installation, assembly or use of the product, from use for professional or commercial purposes, from normal wear or lack of maintenance…
  • In case of indirect damage. The guarantee only covers the right to repair or replace the guaranteed product. Indirect damage resulting from breakage or deterioration is therefore not covered.
  • The other exclusions by nature are damage and breakage included within the specific exclusions defined in the manufacturer’s guarantee of the guaranteed product, cosmetic damage, damage and breakage related to accessories…

 

ARTICLE 8 – PROTECTION OF PERSONAL DATA

8.1 – Storage and transmission of Customer information

In accordance with law n°78-17 of January 6, 1978 relating to data processing and privacy, personal data provided by the Customer may be the object of automatic processing. The present website and the personal data processing which derives from it have been declared to the Commission Nationale Informatique et Libertés, registered under n°34873.

Ma Maison Algarve commits to protecting its Customers’ personal data. All personal data concerning the Customer and collected by Ma Maison Algarve are processed with the strictest confidentiality, in accordance with the provisions of its personal data protection policy.

Ma Maison Algarve will invite the Customer to accept to receive its commercial offers by email.

8.2 – Responsibility of processing

All processing of personal data provided to Ma Maison Algarve is carried out under the responsibility of Ma Maison Algarve, who is responsible for the processing.

8.3 – Object of data storage

The collection and storage of personal elements and data is necessary for the processing and delivery of orders and are also destined to provide to Customer with a higher efficiency to carry out new orders on the Ma Maison Algarve website.

The recipients of your personal data are, where appropriate, our payment method or payment security providers, our delivery providers, our commercial partners. In the case where it is required by law, the Customer’s consent is collected or a possibility of refusal is offered to them before any data transmission. The Customer has the possibility to withdraw their permission at all times, with immediate and non-retroactive effect.

8.4 – Cookies

Our website uses cookies. These are small text files saved to your hard drive. The cookies used on our website enable us to offer the following services: to notify of the Customer’s presence on the website constituting their purchase basket, maintaining the Customer’s session status (closed/open).

Most cookies are destined to enable or facilitate your browsing and are necessary for the proper functioning of our online shop.

The use of our own or third-party cookies which are not necessary to the functioning of the website require your express consent.

You may express your consent or object to the use of cookies by changing the corresponding settings of your browser. To do so, consult the user guide of your browser.

8.5 – Right of modification and cancellation

The Customer whose personal data is processed has the right to access, modify, object to and cancel their personal data processing. These rights may be exercised, in accordance to the law of January 6, 1978, on request, either by modifying their personal data themselves on the “My Account” space, or by addressing their request to Ma Maison Algarve (indicating their email address, full name and postal address), by email to the address customer@ma-maison-algarve.com, or by post to the following address: Ma Maison Algarve, E.N. 125, Km51, Sítio Bemparece 1, 8400-395 Lagoa (Algarve, Portugal).

8.6 – Subscription and unsubscription to the Newsletter

The right of modification and cancellation of the Customer’s data also applies to the subscription to Ma Maison Algarve’s newsletter. They may exercise this right by email (customer@ma-maison-algarve.com) by indicating their wish of “unsubscription” from the mailing list, or by clicking on the link “Unsubscribe” found on the Ma Maison Algarve newsletters at the end of the email, which will enable them to unsubsribe from the mailing list.

 

ARTICLE 9 – INTELLECTUAL PROPERTY

All the elements of the website, whether visual or sound including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of Ma Maison Algarve. A Customer who owns a personal website has the possiblity to place on their website a link directing to Ma Maison Algarve’s website homepage. However, any link directing to Ma Maison Algarve using the technique of framing or in-line linking is strictly forbidden. In any case, any link, even tacitly authorised, must be removed on simple request by Ma Maison Algarve.

 

ARTICLE 10 – RESPONSIBILITY

Ma Maison Algarve is not responsible for any inconvenient or damage relating to the use of the internet network such as, in particular, service interruption, the presence of IT viruses or external intrusions, and generally any events deemed force majeure by the law.

In the event of non-substantial differences between the description photos of the articles on its website and the ordered articles, Ma Maison Algarve may not be held responsible, as the photographs are not contractually binding.

Ma Maison Algarve is only responsible for direct and foreseeable damage at the time of use of the website or of the conclusion of the sales contract with the Customer.

 

ARTICLE 11 – PROOF AND FILING

The computerized files, stored on a reliable, durable medium, constituting an accurate copy in accordance with the provisions of the Civil Code by Ma Maison Algarve and its partners are to be considered as proof of communication of orders and payment which intervene between the Parties.

The contracts concluded on our website (data relating to the Customer’s order and the current GSC on the day of the order) are stored for a period of 10 years. The Customer may access the stored contracts by requesting so by email to the address customer@ma-maison-algarve.com or by post to Ma Maison Algarve, E.N. 125, Km51, Sítio Bemparece 1, 8400-395 Lagoa (Algarve, Portugal).

 

ARTICLE 12 – APPLICABLE LAW

The present conditions are subject to the French and Spanish law.

Ma Maison Algarve commits to respecting the rules of the Professional Code of the Federation of Distance Sales Enterprises.