Espace Maison - General conditions of in-store sale

GENERAL CONDITIONS OF IN-STORE SALE ESPACE MAISON

ARTICLE 1 – THE SELLER

Espace Maison Ltée is a domestic company registered in Mauritius, with company registration number C11620, and having its registered address at Trianon, Quatre Bornes, Mauritius (hereinafter referred to as “Espace Maison”). Espace Maison offers an array of products for sale, which is subject to the present General Conditions of Sale (hereinafter referred to “GCS”).

ARTICLE 2 – GENERAL PROVISIONS

2.1 Subject matter of the GCS
The GCS is exclusively applicable to the in-store and on-premises sale of the products of Espace Maison.

2.1 Scope of the GCS
The GCS is exclusively applicable to the products of Espace Maison which have been sold to buyers in-store (hereinafter referred to as “Customers”) and constitute, further to a purchase, enforceable contract/s between Espace Maison and the Customers, to the exclusion of any in-store display relating to price and/or description, catalogues, promotional materials, pictures and/or videos found in-store or otherwise which shall be of a non-contractual nature, and which may only be of an indicative nature.
In case of a purchase of a product bearing the trademark “Royal Canin”, the terms and conditions of this GCS shall be read in light of the Royal Canin Conditions of Sale. In case of a conflict between the terms and conditions of this GCS and the Royal Canin Conditions of Sale, the terms and conditions set out in the Royal Canin Conditions of Sale shall prevail.

The GCS is drafted in both French and English.

2.3 Availability and opposability of the GCS
The GCS is made available to Customers on the Website of Espace Maison and can also be communicated upon request by email.
The GCS is binding to the Customer who following an in-store purchase acknowledges, by making a payment for such purchase, to have read and accepted same unconditionally. The acceptance of the GCS binds the Customer to the terms and conditions in force on the day the purchase is made in-store.

2.4 Modification of the GCS
Espace Maison reserves the right to modify its GCS at any time, without justification and/or notice.
In case of modification of the GCS, the applicable GCS are those in force on the date the purchase was made and confirmed by the Customer through payment in-store.

2.5 Conditions of the GCS
The nullity of one of the clauses of the GCS does not imply in any case the nullity of the GCS in its entirety.
The temporary or permanent non-application of one of the terms of the GCS by Espace Maison does not constitute a waiver on its part of this unapplied clause which continues to produce all its effects.

ARTICLE 3 – PRODUCTS

3.1 Characteristics
The products offered for sale in-store and are each subject to a brief description stating their essential characteristics.
Any media illustrating the products are given for description purposes only and are in no way contractual in nature.
Except for the essential characteristics specific to a product, any discrepancy between the description or any media describing the product (including on any website) or any catalogues, promotional materials, pictures or videos found in-store or otherwise and the reality of the product delivered to the Customer cannot be the subject of a claim or reimbursement from Espace Maison.

3.2 Compliance
The products comply with the requirements of Mauritian law in force at the time of their marketing.

3.3 Availability of stocks
The products are sold and can be purchased only within the limits of available stock.

ARTICLE 4 – PRICES

4.1 Selling price
The selling price for each product displayed in-store are indicated in Mauritian Rupees (MUR) including all taxes. The total amount paid by the Customer will be indicated on the receipt following a purchase.

4.2 Price changes
Espace Maison reserves the right to unilaterally and discretionarily modify its prices at any time, without notice, while guaranteeing the Customer the application of the price applicable on the day the purchase is made and confirmed by the Customer by making payment for such purchase at a check-out counter in-store. The price may change without notice due to change in, but not limited to, exchanges rates, freight charges and material costs.

4.3 Fees
Except where it is expressly provided that delivery will be free, all additional costs incurred by Espace Maison and related to the delivery of a product purchased in-store to an address other than to an Espace Maison store will be to the sole responsibility of the Customer.

ARTICLE 5 – OFFER

5.1 Duration
The sales offers presented on any in-store display, catalogues, or otherwise are valid, in the absence of an indication of a specific duration, as long as the products can be physically found on-premises and while stocks last.

5.2 Acceptance of the offer and confirmation of the order
Any in-store sale of a product will undoubtedly be presumed to be accepted and concluded following the payment made by the Customer at a counter or otherwise and the receipt of such product by the Customer following payment.

ARTICLE 6 – CONTRACT

6.1 Constitution of the sales contract
The sales contract is constituted following payment made by the Customer and the delivery of a receipt confirming such payment.

6.2 Archiving and proof
The archiving of communications, purchase orders, payment receipts and invoices is done on a reliable and durable medium so as to constitute a reliable and sustainable copy. These communications, purchase orders and invoices can be produced as proof of the contract.

ARTICLE 7 – PAYMENT

7.1 Requirement
Any payment of price is due and payable in full by the Customer before such product is physically delivered to the Customer at an in-store check-out counter.
Payment is immediately made either by cash, credit card (MasterCard or VISA) or by using the mobile payment application POP (www.pop.mu), MCB Juice, MyT Money or blink.

ARTICLE 8 – DELIVERY

8.1 Definition
Delivery means the transfer of physical possession or control over the purchased product to the Customer at an in-store check-out counter or where applicable, subject to the sole discretion of Espace Maison, at a location other than at an Espace Maison store following payment made to and received by Espace Maison for such product.

8.2 Delivery time
The delivery time differs depending on the location of the products purchased. Any purchase of products requiring transfer from another location will delay the normal delivery time

Espace Maison undertakes, subject to another delivery time expressly indicated by Espace Maison on the receipt, to use its best endevours to deliver the products purchased within a period of:

For home delivery:

three (3) working days after receipt of payment for said products by Espace Maison if the products are in the same store and no transfer is necessary; Or
seven (7) working days after receipt of payment for said products by Espace Maison if the products are located in another location and must be transferred to the chosen store.

Delivery to store:
1. Five (5) working days after receipt of payment for said products by Espace Maison if the products are located in another location and must be transferred to the chosen store.

8.3 Delayed delivery
Where any in-store product purchased is subject to a delivery at a location other than at an Espace Maison store, except for cases of force majeure or during periods of closing down of an Espace Maison store, when the purchased product is not delivered on the date or at the expiry of the delivery period agreed between the Customer and Espace Maison, Espace Maison shall have a grace period of five (5) additional days to effect such delivery (“Grace Period”)
If the delivery is not made on or before the expiry of the Grace Period, the Customer may, unless the delivery was unable to effected due to the Consumer’s fault, after having unsuccessfully notified Espace Maison to fulfill its obligation of delivery within a maximum of thirty days following the conclusion of the contract, give notice to Espace Maison, by way of registered letter with acknowledgment of receipt, that the contract is cancelled. In case of termination under this clause of the sale by the Customer, Espace Maison undertakes to refund the price already paid by the Customer as soon as reasonably possible.

8.4 Place of delivery
The place of delivery for a product purchased in-store will generally be at an Espace Maison store.
Where any in-store product purchased is subject to a delivery at a location other than at an Espace Maison store, the products are delivered to the address indicated by the Customer at the time of purchase.

8.5 Product Installation
Espace Maison offers an installation service for certain designated equipment and products sold in-store and requiring professional installation, which is free of charge. The Customer has the opportunity, when making the purchase, to indicate whether he wants the product(s) purchased to be installed by Espace Maison. Espace Maison also offers a home installation service, against payment, for products sold in stores. See the list of services offered in store.
Espace Maison undertakes to do its best to install the product(s) purchased at the address indicated by the Customer, within five (5) working days from the date of delivery or as may otherwise be agreed with the customer depending on their availability.

Any delay in the installation of the product(s) will not, in any case, engage the responsibility of Espace Maison in any manner whatsoever.

8.6 Delivery and transfer of risk
The total transfer of the risks to the Customer, including the loss or damage of the products during their transport, takes place upon delivery of the products.

8.7 Return time
In the event that the Customer is not satisfied with the product purchased by him, he has a period of seven (7), thirty (30) or sixty (60) days, depending on the type of customer, from receipt of the product to proceed either (i) with the exchange for another product of his choice, or (ii) return the product and ask for a refund.

The exchange or refund of a product is subject to the following conditions:

the product must always be in its original, unused, unaltered condition and in its original packaging, and complete with all accessories and instructions;
the product must be in perfect working condition; and
the product must not have been purchased on promotion or be the subject of a special offer.

The refund of a product will be done only by way of voucher of the same value which can be used in all the stores of Espace Maison.
For more information regarding our Return Policy, please visit Return policy page.

8.8 Storage Facility
Products purchased must be taken within the agreed period as from the date the purchase is made.
Espace Maison will store product purchased, as from the date that payment for such product is received by Espace Maison, for a period of up to two (2) weeks. Products to which delivery and/or taking of delivery is delayed due to any cause not within Espace Maison’s control may be placed in storage by Espace Maison at the Customer’s risk and expense and will be on the Customer’s account.
Espace Maison reserves the right to claim 2% fees of the product value for each addition month of storage.

ARTICLE 9 – GUARANTEE OF HIDDEN DEFECTS

Espace Maison is required to guarantee against hidden defects of the product(s) sold which render it unfit for the use for which it was intended, or which so impair its use that the Customer would not have acquired it, or would only have given a lesser price for it, had he known of the defects.
The complaint resulting from latent defects must be entered by the Customer, within the shortest delay, according to the nature of the latent defects in either the shop chosen for click and collect or any other shops if home delivery was chosen.

The Customer may decide to implement the guarantee against hidden defects of the product sold in accordance with Article 1641 of the Mauritian Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Mauritian Civil Code.

Except for the case of hidden defect provided under the Mauritian Civil Code:

any product delivered to the Customer in-store or to the Customer’s home will be considered as having been delivered in accordance with the description of the product made by Espace Maison and in perfect working condition when theCustomer or his representative has signed the delivery note without the Customer or his representative making any reservation;
any product collected in one of the points of sale of Espace Maison will be considered as having been delivered in accordance with the description and in perfect working condition once the Customer or his representative has signed the delivery note without making any reservation;
any claim made after the signing of the delivery order will be rejected and cannot engage the responsibility of Espace Maison especially for non-compliance, defect of the product or quantity ordered.

ARTICLE 10 – COMMERCIAL GUARANTEE

Products may be sold under the sole guarantee of the manufacturer and may be accompanied by a warranty card delivered to the Customer by Espace Maison upon delivery or upon taking delivery of the product. All conditions applicable to the warranty of a particular product will be stated on the warranty card.
The after-sales and warranty policies (“the Policies”) in place by Espace Maison may be applicable to the purchase of a product at the sole discretion of Espace Maison. Espace Maison reserves the right to amend and/or modify its Policies as may be required from time to time. In case of amendment and/or modification, the applicable Policies applicable are those in force on the date the purchase was made and confirmed by the Customer through payment in-store.

For more information on the Policies in force at such that a purchase was made please visit the following links:

ARTICLE 11 – FORCE MAJEURE

All facts or circumstances which are unavoidable, external to the parties, unpredictable, inevitable, beyond the control of the parties and which cannot be prevented by them, despite all reasonably possible efforts, will be considered as force majeure. The blocking of means of transport or supplies, earthquakes, cyclones, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to the parties are, expressly regarded as cases of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the Courts of Mauritius.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence as well as their disappearance.
All cases of force majeure shall be considered as causes of exemption justifying the non-performance and/or the suspension of the obligations of the party suffering the force majeure.

ARTICLE 12 – LIABILITY

12.1 Disclaimer
The responsibility of Espace Maison can only be engaged in cases of its gross, intentional or fraudulent negligence towards the Customer.
Espace Maison will, in no way, be held liable (directly or indirectly) in cases where the non-performance or failure to perform these GCS is caused by the Customer, or because of a third party to these GCS or because of a case of force majeure as defined in article 11 above and the Customer shall hold Espace Maison harmless in such circumstances.

In no event shall Espace Maison have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of:

(a) the normal wear and tear of the product;
(b) accident, disaster or event of force majeure as provided in article 11 above;
(c) misuse, fault or negligence of or by the Customer;
(d) use of the products in a manner for which they were not designed;
(e) causes external to the products such as but not limited to power failure or electrical power surges;
(f) improper storage and handling of the products; or
(g) use of the products in combination with equipment not supplied by Espace Maison.

12.2 Product safety defect
In case of a damage caused by a defect to the product’s safety, the Customer must either enforce the product guarantee if same exists, or seek the liability of the manufacturer identifiable from the information on the product packaging.

ARTICLE 13 – INTELLECTUAL PROPERTY

All the elements found in-store, including photographs, visuals, texts, logos, slogans, drawings and images, are the exclusive property of Espace Maison and are protected by copyright, trademark law and the law of patents.
Any reproduction or diffusion of these elements, without the prior written authorization of Espace Maison exposes the violators to legal proceedings.
The corporate names, trademarks and distinctive signs found in-store are protected by applicable intellectual property law. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.

ARTICLE 14 – PROTECTION OF PERSONAL DATA

By accepting these GCS, the Customer expressly accepts the Privacy Policy which forms an integral part of these GCS.

ARTICLE 15 – MEDIATION

In case of dispute, you should first and foremost contact the company’s customer service at +230 460 8585 from Mondays to Fridays except during public holidays, from 9 a.m. to 7 p.m., or by email on ecommerce@espacemaison.mu or by post at ESPACE MAISON, Trianon Shopping Park, Mauritius.

ARTICLE 16 – COMPETENT COURT

In the absence of an amicable agreement being reached, any dispute relating to the existence, interpretation, conclusion, execution or breach of these GCS and all documents related to the GCS will be within the exclusive jurisdiction of the courts of Mauritius.

ARTICLE 17 – APPLICABLE LAW

These GCS are exclusively subject to the laws of Mauritius.