Refund policy
Returns and refunds in brief
Digital files. Immediate access, requested and accepted at the time of ordering, entails waiver of the right of withdrawal (Article L. 221-28, 13° of the French Consumer Code). A file that is corrupted, unreadable or different from its description is replaced or refunded: write to contact@maisonbelesprit.store quoting your order number.
Printed products. Fourteen days from receipt to withdraw, without having to give a reason. The product is returned complete and in its original condition, return costs remain at your expense, and the refund is made within fourteen days.
A question. contact@maisonbelesprit.store, reply within fifteen working days.
The full details are set out below, reproduced from Articles 9 and 10 of our general terms and conditions of sale.
Article 9. Right of withdrawal
9.1 Physical products
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen days from receipt of the goods in which to exercise the right of withdrawal, without having to give reasons for the decision.
To exercise this right, the Customer informs the Seller of the decision by means of an unambiguous statement sent to contact@maisonbelesprit.store, or by using the model form appended to these Terms.
The Customer returns the goods, complete and in their original condition, no later than fourteen days after communicating the decision, to the address indicated by the Seller. Return costs are borne by the Customer. The Customer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and proper functioning.
The refund of all sums paid, including the standard delivery costs initially invoiced, is made no later than fourteen days after the date on which the Seller is informed of the decision to withdraw. The Seller may defer this refund until the goods have been recovered or until the Customer has supplied proof of having dispatched them, whichever occurs first. The refund is made using the same means of payment as that used for the order, unless expressly agreed otherwise.
If the Customer has chosen a method of delivery more costly than the standard delivery offered, the refund of delivery costs is limited to the amount of that standard delivery.
9.2 Digital products: exclusion of the right of withdrawal
In accordance with Article L. 221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a tangible medium where performance has begun with the consumer’s prior express consent and the consumer’s express waiver of the right of withdrawal.
Consequently, before confirming an order for a digital product, the Customer must tick a separate box bearing the following statement:
“I expressly request immediate access to the digital file and I acknowledge that I thereby waive my fourteen-day right of withdrawal.”
This box must not be pre-ticked. If this twofold consent is not obtained, the Customer retains the right of withdrawal under the conditions of Article 9.1.
The Seller confirms this consent and this waiver to the Customer on a durable medium, in the order confirmation email.
The Customer is informed that no refund will be granted on the grounds that the file has been downloaded, opened or printed, nor on the grounds of an error of choice on the Customer’s part. This exclusion is without prejudice to the legal guarantees provided for in Article 10.
Article 10. Legal guarantees
10.1 Physical products
The Customer benefits from the legal guarantee of conformity and the legal guarantee against hidden defects, independently of any commercial guarantee.
The consumer has a period of two years from delivery of the goods in which to obtain the application of the legal guarantee of conformity should a lack of conformity appear. During this period, the consumer is required to establish only the existence of the lack of conformity and not the date on which it appeared.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience to the consumer.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer asks for the goods to be repaired but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.
The consumer may obtain a reduction of the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:
- the trader refuses to repair or replace the goods;
- the repair or replacement of the goods takes place after a period of thirty days;
- the repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;
- the lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction of the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. In that case the consumer is not required to request repair or replacement of the goods beforehand. The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are out of use for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.
The rights mentioned above arise from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who in bad faith obstructs the application of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.
10.2 Digital products
In accordance with Articles L. 224-25-1 et seq. of the French Consumer Code, the Seller is required to supply digital content that conforms to the contract and is liable for any lack of conformity existing at the time of supply.
In the event of a lack of conformity, in particular a file that is corrupted, unreadable, incomplete or does not match its description, the Customer may require the digital content to be brought into conformity. Failing that, the Customer may obtain a price reduction or termination of the contract, under the conditions laid down by law. The request is made by email to contact@maisonbelesprit.store, quoting the order reference and describing the problem.
For a one-off supply, the Seller is liable for any lack of conformity that appears within two years of the supply of the digital content.
Annex: model withdrawal form
This form is to be completed and returned only if the Customer wishes to withdraw from an order for a physical product, or from an order for a digital product for which the right of withdrawal has not been waived.
To the attention of:
Florence Oberlin, sole trader (EI), Maison Bel Esprit
47 rue Vivienne, 75002 Paris, France
contact@maisonbelesprit.store
I hereby give notice that I withdraw from the contract of sale of the goods described below:
- Product reference and description: ……………………………………………………………
- Order number: ……………………………………………………………
- Ordered on: ………………………………….. Received on: …………………………………..
- Name of consumer: ……………………………………………………………
- Address of consumer: ……………………………………………………………
Signature of consumer (only if this form is notified on paper):
Date: …………………………………..