www.maisonyellow.com

These General Terms and Conditions of Sale (hereinafter ‘GTCS’) apply to the online sale of products and services by Mx on the website https://www.maisonyellow.com

To download the General Terms and Conditions of Sale in PDF format, click here.

ARTICLE 1 — THE PARTIES
Between Mx, a simplified joint-stock company with share capital of €40,000 and registered office at Les Docks, 10 place de la Joliette 13002 Marseille, France, registered with the Marseille Companies and Business register (RCS) under number 830 004 024, (hereinafter the ‘Company’), publisher of this e-commerce website accessible via the internet at www. maisonyellow.com (hereinafter the ‘Website’), on the one hand;

AND

The Customer, any physical person or legal entity making an order on the Website (hereinafter the ‘Customer’), on the other hand.

ARTICLE 2 — THE PURPOSE
2.1 – The purpose of these GTCS is to define the rights and obligations of the Parties during online sale of the products and services offered through the Website.

2.2 – The GTCS applicable to the sale come into force the moment the Order is made. Nevertheless, the Customer is informed that the GTCS are liable to be amended at any time and that they apply as soon as they are published online.

2.3 – The Customer acknowledges having read these GTCS and accepts being bound by them upon clicking ‘I have read and accept the General Terms and Conditions of Sale’ before proceeding to payment.

2.4 – The GTCS are available on the Website and are provided in long-term format by downloading them as a PDF or printing directly from the Website.

2.5 – In the event of a contradiction with any other version or contract, these GTCS will take precedence.

IF YOU DO NOT WISH TO BE BOUND BY THESE GTCS, DO NOT PLACE ANY ORDER ON THIS WEBSITE.

ARTICLE 3 – CUSTOMERS
3.1 – The products and services offered for sale on the Website are strictly reserved for physical persons over the age of majority who posses full legal capacity to place orders on the Website and for legal entities possessing a billing address.

3.2 – The products and services are not intended for resale or consumption in a commercial venue (restaurant or other). You agree not to engage in resale. Likewise, these products and services are not intended for publicity or advertising purposes.

IF YOU DO NOT AGREE TO THESE CONDITIONS, YOU MUST EXIT THE WEBSITE IMMEDIATELY.

3.3 – The sale of alcohol to persons under the age of 18 years is prohibited, and you confirm, by placing an order for one or more products containing alcohol, that you are aged 18 years or older. You guarantee that the person receiving delivery of the product is aged 18 years or over. Otherwise, delivery of the product(s) cannot take place and shall be rescheduled, at your expense, for a later date to be decided by mutual agreement.

In accordance with the provisions of article L.3342-1 of the French Public Health Code, the Company reserves the right to ask you to prove your identity and your age.

ARTICLE 4 – PRODUCTS AND SERVICES
Hereinafter, the ‘products’ and ‘services’.
4.1 – Description of the products and services
All the products and services offered on the Website are subject to a description which describes the essential features of the selected product or service. The photographs or graphical representations used to illustrate the products and services, whether standard or personalized, are not binding in any way.

The Company must comply with applicable French standards in relation to the sale of products and services. The Company may be required to modify its products/services and packaging to comply with these standards, particularly through the inclusion of logos and/or wording which has been made mandatory.

The Company reserves the right to change its list of products and services, and to modify or remove the products/services.

The ordering process may redirect the Customer to a partner’s website.

4.2 – Availability of products and services
The offers of products and services are valid while they are visible on the Website and within the limit of available stock.

In the event that something becomes unavailable, it may no longer be ordered via the Website.

Where something is no longer available in the quantity being ordered, we will notify you in such a way that you may accept or decline a reduced quantity in your order. If you fail to agree to this reduction in your order, your order will be automatically cancelled and you will be refunded as soon as possible, at the latest within 14 days.

ARTICLE 5 – ORDER PROCESS
5.1. – Service order process

5.1.1 – The process for booking a table at the restaurant is as follows:

1. The Customer is redirected to the TheFork website, where they will have to enter their title, surname, first name, telephone number and email address.
2. Upon clicking the ‘Book now’ button, the Customer accepts TheFork’s terms and conditions of use and privacy policy, as well as the general conditions for the Mx Marseille restaurant.
3. An email confirming the reservation is then sent to the Customer.

5.1.2 – The process for booking a workshop is as follows:

1. The Customer is redirected to the AirBnB website, where they can sign up or log in using their telephone number or a personal account (Facebook, Google etc.).
2. By clicking the ‘Confirm and pay’ button, the Customer accepts the service provider’s general terms and conditions.
3. A confirmation email containing the Customer’s e-ticket to gain entry to the workshop is then sent to them.

It is the Customer’s responsibility to ensure that their email address and/or delivery address are entered correctly when the order is placed.
For all orders of more than 39 services, please contact the Company directly.

5.2. – Product order process
The process for purchasing products comprises the following steps:

1. A summary of the entire order is displayed.
2. The Customer enters their first name, surname, telephone number, email address, address and delivery method. There is no need to create an account on the www.maisonyellow.com website to order products;
3. The Customer must confirm that they have read these General Terms & Conditions of Sale and that they are over the age of majority;
4. The Customer confirms their order and goes through to online payment via the e-commerce platform.
5. Once the Customer has confirmed and paid for their order, they are automatically redirected to a page on the Website where the Company confirms their order. In parallel, the Customer receives an email from the Company confirming receipt of their order and providing: a summary of the order specifying the products ordered, the quantities and amounts, the delivery address (where applicable) and the payment method used.

5.3 – Amending an order
Once an order of products and services has been confirmed and accepted by the Company under the terms and conditions described above, it can no longer be changed.

5.4 – Cancelling an order
Once an order has been confirmed and accepted by the Company under the terms and conditions described above, it cannot be cancelled, except when exercising the right of withdrawal according to the terms and conditions and using the methods set out in article 10.

ARTICLE 6 – PRICES AND PAYMENT METHODS
6.1 Prices
The prices are those indicated on the Website on the date that the order is placed. Prices are shown in euros and include applicable taxes and charges. Prices do not include delivery fees, which are additional charges that are detailed for the Customer is before order confirmation.

The Company reserves the right to amend these costs. Where applicable, the cost applied is that applicable at the moment the Customer confirms the order.

The price takes any gift card or promo code reductions into account.

6.2 Payment methods
The Customer can choose from the following payment methods:
– Bank card
– Visa
– MasterCard

Payment for orders is made online only.

The Customer guarantees that they are the owner of the payment method used and that they are an adult with legal capacity to enter into a contract.

Bank details are taken via a secure server which ensures the security and confidentiality of the details provided by the Customer during the banking transaction.
An order confirmation is sent to the Customer by email.

The placed order is final and definitive.

Before making the Order, the Customer declares that they are aware of and accept these GTCS. The Website’s automatic registration systems are deemed by the parties to be valid proof of the type, content and date of the order.

Whatever the payment method chosen, the Company reserves the right to reject any order or delivery where the bank refuses to authorize the payment or the Customer has not yet paid for all or part of a previous order.

An invoice is created based on the information given by the Customer and is sent by email the moment final order confirmation is made.

ARTICLE 7 – DELIVERY
7.1 – Delivery methods, costs and times
All services, entrance and access tickets, and/or booking confirmations will be sent to the Customer by email.

It is the Customer’s responsibility to ensure that their email address is entered correctly when the order is placed.

The products offered for sale on the Website are prepared and sold in accordance with current French standards and cannot, as is, be shipped to any destination that is not located in mainland France (including Corsica).

All products are shipped using So Colissimo services.

The So Colissimo delivery times indicated in the following description are indicative only and apply from the moment the parcel is handed to La Poste services. You will be informed by email when your parcel has been dispatched.

Delivery fees vary depending on the delivery method selected by the Customer. However, for orders of €150.00 or more, home delivery with or without signature is available to the Customer free of charge.

*Working days: Monday to Saturday, excluding bank holidays.
**Cost determined based on parcel weight.

If you choose the ‘Click and collect’ delivery method, you can collect your purchase from the Mx Maison Yellow Shop – 10 Place de la Joliette, 13002 Marseille, France.
In this case, you will not be charged for preparation or delivery.

‘Click and collect’ products are available within a maximum of 48 hours (depending on stock availability) from the moment the order is paid for in the Mx Maison Yellow Shop. You will receive an email when your order is ready to be collected.

You will have 10 working days to collect your order from the moment it is made available in the Mx Maison Yellow Shop.

‘Click and Collect’ products can be collected between 10:00 and 18:00, Monday to Saturday, excluding bank holidays.

After this 10-day period, the order will be cancelled and you will be refunded the price. Refunds will be made using the same payment method used to place the initial order.

Gift cards are only available in from the Mx Maison Yellow Shop.

Delivery charges may also be waived if a promo code is entered.

Delivery charges will be shown on your order summary before payment.

Products will be delivered within a maximum of fifteen (15) working days from the day on which payment is made.

It is your responsibility to check the delivery address shown on the order confirmation is correct. For some deliveries, the carrier will contact you to confirm your appointment before arrival. It is therefore important that the contact details you have given are valid and the contact person is available. Where the contact person is not present at the delivery address or, for any other reason, the products cannot be delivered under normal, safe conditions on the agreed date, such as if the delivery is refused, another delivery will be arranged. The cost of any new delivery will be charged to you. To avoid any ambiguity, charges for a new delivery shall also apply to orders for which we have waived the initial shipping costs.

Each order is delivered to a single address. If you wish to have orders delivered to separate addresses, you must place separate orders.

In accordance with current French law, deliveries cannot be made between 22:00 and 08:00.

We will do our best to meet delivery times. We may be required to perform partial deliveries and the costs for any additional deliveries will be met by us. Where a delivery is not made within the agreed timescale or within an extended timescale as agreed with you, you have the option to cancel the order as per the conditions and using the methods provided for in the French Consumer Code.

7.2 – Transfer of risks and ownership
During shipping, the risks of destruction, loss or damage to the products are borne by the Company (without prejudice to our rights in relation to the carrier responsible for delivery).

The transfer of risks and ownership in relation to the products occurs on the day the products are delivered to the address indicated by the Customer. Delivery is understood to have been made when the order is placed in the hands of the Customer (or representative) at the address shown on the order.

7.3 – Checking your order upon receipt
The Customer is required to check upon delivery the state and compliance of the products delivered and, where applicable, state any problems on the delivery note.

Where there is a visible anomaly (such as a damaged or opened parcel, traces of liquid etc.), the Customer is requested not to open the parcel and to return it to the carrier or service provider responsible for its delivery.

ARTICLE 8 – CONDITIONS OF USE OF THE SERVICES
The resale of booked tickets is strictly forbidden.

In this regard, the Company reserves the right to refuse entry to its premises to a holder of a ticket which has been purchased from an organization or person other than the Company, or from any third party that is not mandated by the Company.

All tickets are routinely checked upon entry to activities.

Only tickets displaying a perfectly legible QR Code and wording will be accepted.
Any ticket which is partially or totally illegible will not be accepted.

Tickets for workshops are only valid for the day selected at the time of booking.

The Company reserves the right to refuse access to activities upon presentation of a ticket which is not compliant or where the holder is unaware of the conditions stated above.

ARTICLE 9 – LIABILITY – FORCE MAJEURE
The Company reserves the right to close its premises or alter its opening hours as a result of safety concerns affecting us.

The Company’s contractual obligations shall be suspended automatically and liability waived as a result of the onset of a force majeure event (as defined in article 1218 of the French Civil Code and jurisprudence) which is likely to prevent the delivery of products and/or the provision of services.

In case of force majeure, the Company reserves the right to cancel or postpone a booking. In this case, Customers will be notified by email. A new date will be offered by the Company to the Customer. If this date is not convenient, a refund will be arranged under the terms stated in article 10.

In case of force majeure, the Customer will have the right to cancel their order after one month from the date on which the product(s)/service(s) was/were ordered. The Customer shall be refunded in full (including delivery charges) under the terms stated in article 10.4.

Moreover, the Company shall not be held liable for any interrupted connections, server failures, electrical problems or other issues linked to digital connections to the Internet. Finally, the Company cannot be held liable where products/services have been stored or consumed/used in abnormal conditions or conditions incompatible with their nature.

The Company reserves the right to change the scheduling of activities and workshops and to replace them with another activity or workshop of the same type where the conditions to be able to hold these activities as planned are not met. If these new workshops and activities do not suit the Customer, a refund will be arranged under the terms stated in article 10.4.

ARTICLE 10 – RIGHT OF WITHDRAWAL
10.1– Customers do not benefit from the withdrawal period as stated in article L.121-18 of the French Consumer Code in relation to:

• Tickets for workshops;
• Personalized products;
• Products which have been opened or unpacked after delivery and which cannot be returned for hygiene or health and safety reasons,
• Highly perishable foodstuffs.

10.2 – Notifying the seller of the decision to withdraw
For services and products that are not excluded in article 10.1, you have a right to withdraw which you may exercise without stating a reason or paying a penalty. This withdrawal period expires after fourteen (14) full days after the day on which you (or a third party designated by you other than the carrier) received your order.

If you have ordered several products in one order, or your order has been delivered over several partial deliveries, the period in which you can exercise your right of withdrawal (or that of a third party designated by you other than the carrier) shall only begin once you have taken possession of the final product or final part of the delivery.

To exercise your right of withdrawal, you must send us, within the period mentioned above, your decision to withdraw in an unambiguous declaration before the end of the withdrawal period, specifically:

• by email at this address: contact@mxmarseille.com, including your surname, first name, the email address that you provided when you placed your order, and the order date.

To do this, you can fill in and send us the withdrawal form, which you can download here.

The Company will send the Customer an acknowledgement of receipt of the withdrawal request by email along with the returns slip.

10.3 – Returns
Following notification of your decision to withdraw, you must return the complete product(s) to us, unopened and unconsumed, in their intact original packaging and, where possible, with their original shipping packaging. You must attach the returns slip to your parcel to enable us to identify the origin of the returned products. You must return your items without delay and at the latest within fourteen (14) days of notification by you of your decision to withdraw.

Items must be returned to this address: Société Mx – Les Docks Village – 10 place de la Joliette – 13002 Marseille, France.

Please note that items must be returned in a manner respectful of the limitations of and in conditions appropriate to the nature of the products, i.e. in packaging and using a mode of transport suited to the products to ensure that they arrive in perfect condition.

If you fail to return the products within fourteen (14) days of notification by you of your decision to withdraw, no refund will be made.

The costs and risk of returning the product(s) remain your responsibility. If the value of the product(s) is depreciated through handling other than that necessary to establish their nature, specifications and proper operation, you may be held liable.

10.4 – Reimbursement
The Company will reimburse the entire sum paid, including the initial delivery fees. Except where otherwise agreed by you to use a different means of reimbursement, refunds shall be made using the same payment method you used to place the order, without undue delay and, in any case, at the latest within fourteen (14) days from the day on which you informed us of your decision to withdraw. Any refund may be held back until the returned products/services are fully recovered or until you have provided proof of delivery. The effective date shall be the earlier of these two events.

ARTICLE 11 – LEGAL WARRANTY
As a reminder, products must be stored, handled and consumed in accordance with the intended usage and instructions accompanying the product or stated on the Website. Moreover, they must be consumed within a period appropriate to their nature and specifications.

In accordance with the law, you are hereby reminded that you are legally covered by a compliance warranty pursuant to articles L.217-3 to L.217-17 of the French Consumer Code and a warranty against defects in items sold under the conditions stated in articles 1641–1648 of the French Civil Code.

Pursuant to the annex to article D.211-2 of the French Consumer Code, the following extract is reproduced:

The consumer possesses a period of two years from the date of delivery of the goods in order to obtain redress under the legal compliance warranty in the event of the appearance of a compliance defect. During this period, the consumer is only required to establish the existence of the compliance defect and not the date on which it first appeared.

 Where a sales contract for goods includes the continuous supply of digital content or a digital service for a period lasting more than two years, the legal warranty applies to this digital content or service throughout the planned period of supply. During this warranty period, the consumer is only required to establish the existence of the compliance defect affecting the digital content or digital service, and not the date on which it first appeared.

 The legal compliance warranty requires the professional, where applicable, to provide all updates required to ensure that the goods remain compliant.

 The legal compliance warranty gives the consumer the right to have the goods repaired or replaced within a period of thirty days from receipt of their request, at no cost or major inconvenience to them.

 If the goods are repaired under the legal compliance warranty, the consumer benefits from an extension of six months to the initial warranty period.

 If the consumer requests that the goods be repaired, but the seller insists on replacing them instead, the legal compliance warranty is renewed for a period of two years from the date on which the goods are replaced.

 The consumer may receive a reduced purchase price when retaining the goods or end the contract by being reimbursed in full against the return of the goods if:

 1. The professional refuses to repair or replace the goods;

 2. The repair or replacement of the goods takes place after a thirty-day period;

 3. The repair or replacement of the goods causes major inconvenience to the consumer, particularly if the consumer definitively bears the cost of returning or removing the non-compliant goods, or if they bear the cost of installing the repaired or replaced goods;

 4. The non-compliance of the goods continues despite the seller’s unsuccessful attempt to make the goods compliant.

The consumer also has the right to a reduction in the price of the goods or cancellation of the contract if the compliance defect is so serious that an immediate price reduction or cancellation of the contract is justified. The consumer is then not required first to request the repair or replacement of the goods.

The consumer does not have the right to cancel the contract of sale if the compliance defect is minor.

The remaining warranty period is suspended for any period in which the goods are immobilized whilst awaiting repair or replacement until such time as the goods are returned to perfect condition.

The rights mentioned above derive from application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who shows bad faith in refusing to honour the legal compliance warranty risks a civil fine of a maximum of €300,000, which may be increased to 10% of their average annual turnover (article L. 241-5 of the French Consumer Code).

The consumer also benefits from a legal warranty against hidden faults in application of articles 1641–1649 of the French Civil Code, for a period of two years from the date on which the defect is discovered. This warranty gives the right to a reduction in the price if the goods are retained or refunded in full, in exchange for return of the goods.

Please note that no sales warranty is offered in addition to these legal warranties.

If the products delivered do not match the products that you ordered, or if they appear to have hidden faults, please contact Mx-Marseille-shop@pernod-ricard.com within 72 hours of receipt of the order to notify us of the non-compliance or hidden faults in one or more of the products.

The Company will send the Customer an acknowledgement of receipt of the request by email along with the returns slip, and inform the Customer of the process to follow.

As soon as you receive our instructions, you must return the product(s) which are not compliant or which affected by a hidden fault to the address provided to you.

The product(s) must be returned at our cost, complete, unconsumed and unopened (except in the case of a hidden fault), in the original, intact packaging (except in the case of a hidden fault) and, where possible, with their original outer packaging. The packaging and shipping method must be perfectly suited to the nature of the products to ensure that they are not damaged during transit. To enable us to identify the returned goods, the returns slip must be included.

ARTICLE 12 – PROMOTIONAL CODES
The promotional codes that we offer cannot be exchanged for money or used in conjunction with other codes, reused in another transaction or divided into fractions to cover several orders. We reserve the right to invalidate any promotional code used or applied in violation of the aforementioned requirement.

ARTICLE 13 – NON-RENUNCIATION
The fact that the Company does not apply, at a given time, one or more of the provisions of these GTCS cannot be interpreted as the company waiving the right to apply that particular provision in the future.

ARTICLE 14 – INTELLECTUAL PROPERTY
14.1 – Except where otherwise stated, all copyright and other intellectual property rights to all elements of this website (including, but not limited to, photographs, text, videos and graphical images), as well as on the Website (domain name, graphical design, structure, tree layout etc.), are the property of the Company or of its licensees. Any element of this Website which constitutes a brand name, logo or trademark is a registered or unregistered trademark of the Company or of its licensees.

14.2 – You can download, display or print the information on this Website solely for personal use if you abide by the following conditions:
14.2.1 No document or graphical representation associated with this Website has been modified in any way by anyone;
14.2.2 no graphical representation of this Website is used separately from its corresponding text; and
14.2.3 you preserve and reproduce every reference to copyright or intellectual property rights contained in all of the information that you download.

14.3 – Except where explicitly permitted by law, you may not publish, modify, transmit, reuse, republish or use the contents of this Website, including the text, images, audio and video, for public consumption without written authorization from the Company. The Company cannot advise nor guarantee that your use of the information displayed on this Website does not infringe the rights of third parties not owned by or affiliated with the Company.

14.4 – Your use of any elements displayed on this Website, except where provided for in these GTCS or with the express written permission of the owner or title-holder of the rights attached to them, is strictly forbidden. All rights are reserved, except where otherwise stated.

14.5 – If you infringe one or more of the provisions of these GTCS, your authorization to use this Website will automatically end and you must immediately destroy all extracts downloaded or printed from this Website. You are also informed that the Company will seek to protect its intellectual property rights, in accordance with applicable law, including by pursuing criminal charges.

14.6 – Excluding the provisions of paragraph 14.2, no part of this Website may be reproduced or stored on another website or included in a public or private data extraction system without prior written authorization from the Company.

14.7– The purchase of a product/service does not confer upon you the rights to any product/service names, brands or labels. Using the products or brands distributed by the Company for publicity or advertising purposes is strictly forbidden.

ARTICLE 15 – PRIVACY POLICY
All personal data that you divulge to us when using the Website, including any identifying personal data collected during the registration or ordering process, shall be subject to the Website’s Privacy Policy, which forms an integral part of these GTCS and which can be accessed here or using the link located at the bottom of each page of the Website.

We invite you to read our Privacy Policy regularly in order to familiarize yourself with any changes which may have been made to it.

ARTICLE 16 – PROOF, RETENTION AND ARCHIVING OF TRANSACTIONS
The Company shall use all means possible to protect the privacy and security of data transmitted via the Website. The digital records stored on the Company’s computer systems, in conditions of reasonable security, shall be deemed proof of the communications, orders and payments transacted. Order records and invoices shall be stored on a reliable and durable medium, in accordance with legal requirements.

ARTICLE 17 – LANGUAGE OF THE GTCS
The GTCS are written in the French language and there is no translation into another language.
While a translation of the GTCS may have been made available to one or more Customers, only the French version has legal force in the event of a dispute, particularly in the case of mediation (or any other method of dispute resolution) or before a court of law.

ARTICLE 18 – DISPUTES – APPLICABLE LAW
These GTCS are subject to French law.

In the event of a dispute, except where the Customer Service Department has already been contacted and in accordance with the provisions of article L. 612-1 of the French Consumer Code, the Customer may make use of a conventional mediation procedure. For this reason, the Company is a subscriber to the e-commerce mediation service provided by FEVAD (Fédération du e-commerce et de la vente à distance [e-commerce and distance selling federation]), the address of which is: 60 rue de la Boétie – 75008 Paris – France – http://www.mediateurfevad.fr.

To find out how to engage the services of the mediator, click here.

The Customer is also free to make use of the online dispute resolution service offered by the European Commission, available here.

In the absence of an amicable agreement between the parties, any dispute resulting from the development, interpretation or fulfilment of these General Terms & Conditions of Sale, or any order, shall be subject to the jurisdiction of the French courts of law.

ARTICLE 19 – CUSTOMER SERVICE
If you have any questions, you can contact us by email: contact@mxmarseille.com.

Updated: November 2023