General Terms and Conditions
Article 1 - Subject and Scope of Application
The present General Terms and Conditions of Sale (hereinafter the 'GTCS') govern without restriction the sale, by the company Maison Michel as owner of the MAISON MICHEL PARIS trademark (hereinafter the ‘Vendor’) of articles under the MAISON MICHEL PARIS trademark (hereinafter the ‘Articles’) offered for sale on the site www.michel-paris.com (hereinafter the ‘Site’). The Vendor delivers the Articles throughout the euro zone (Germany, Austria, Belgium, Cyprus, Spain, Estonia, Finland, Metropolitan France (including Corsica), Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovakia, Slovenia, Andorra and Monaco) and the United Kingdom (hereinafter the ‘Territory’).
Article 2 - Order
The placing of any orders via the Site shall amount to the formation of a distance contract between the Client and the Vendor. To order an Article, the Client should select the Article concerned on the Site and add it to his or her purchase basket by clicking on the ‘Order’ button. The Client may then proceed to purchase Articles by clicking on ‘Enter’. The Client may at any time alter or remove Articles selected on the ‘view basket’ page, via the ‘ Basket ’ displayed at the top right of each of the Site’s pages. Once the Client has completed the selection process, he or she is invited to check the contents of the purchase basket by clicking on the ‘Basket’ icon. This provides an opportunity to correct any errors in input concerning in particular the nature of the Articles, by clicking on ‘Edit’ or ‘Remove’. Having checked the details of the order, the Client must definitively validate it by clicking on ‘Confirm’. The Client is informed that all the Articles selected and placed in the purchase basket, shall remain available for sale to other purchasers until the relevant order has been definitively validated, and that the Vendor provides no guarantee that the price in effect on the day of selection without validation shall be maintained: the applicable price shall be the one in effect when the Client validates his or her order.
After validating the basket by clicking on ‘Confirm’, the Client must choose between 3 options:
• to place an order as a guest (without creating a customer account) ;
• to identify him - or herself with a user name and a password (hereinafter the 'Secure Access Codes’) in order to place an order using his or her customer account ;
• to place order by creating a customer account. The customer account gives access to the ‘Michel & me’ personal area, where among other functions order progress may be monitored and invoices consulted.
The Vendor may not be held liable for inaccurate information submitted by the Client. The Client shall be responsible at all times for maintaining the security of his or her Secure Access Codes. Thus any purchases carried out using the Client’s Secure Access Codes shall be deemed to have been carried out by the Client him - or herself as owner of these identifying credentials. Should the Client lose or forget the Secure Access Codes, he or she may ask to be re-sent them by clicking on ‘Forgot password’ in the ‘Michel & me’ section (accessible by clicking on the button at top left). The relevant Secure Access Codes will then be sent to the email address indicated by the Client when he or she registered on the Site.
To finalize the order, the Client must:
• confirm his or her delivery and invoicing address, or indicate a new delivery address for the Territory and / or for invoicing purposes,
• read through the present GTCS and explicitly accept them by ticking the ‘I accept the General Terms and Conditions of Sale’ box before paying for the order. The Client is then invited to settle the amount payable for the order, by clicking on ‘Pay’ and so enabling access to secure payment for it.
The sale shall only be considered definitive after the Vendor sends the Client confirmation of acceptance of the order by email and cashes the amount due upon dispatch of the Articles, the Client formally agreeing to an email being used by the Vendor to confirm the contents of the order. The Client may follow the progress of the order via the Site and may contact the Vendor’s customer services department (hereinafter the ‘Customer Service Department’) by telephone on the number indicated in the ‘Contact‘ section or by email at the address email@example.com. The Vendor reserves the right to refuse to fulfil orders received from a Client with whom it is in dispute until said dispute is entirely settled, or orders that are abnormal or abusive in nature or that contravene the provisions of the GTCS.
Article 3 - Information regarding the Articles
3.1. - Characteristics of the Articles
The greatest attention is devoted by the Vendor to the characteristics, descriptions, colours, photographs and representations of the Articles on the Site, and said Articles are presented there in the most precise and accurate manner possible (in terms of specifications, illustrations, size, composition, etc.). However the information thus provided may not be considered contractual, and the Vendor may not be held liable in the event of any errors, any minimal variations in the presentation of the Articles, or any differences in perception that may arise therefrom. The Client is invited to consult the description provided of each Article in order to establish its properties and specific features, in particular with regard to the characteristics and size sought, as the process of choosing and purchasing an Article shall be the sole responsibility of the Client. The Client may also contact Customer Service at any time by email at the address firstname.lastname@example.org or by telephone on the number indicated in the ‘Contact‘ section.
3.2. - Availability of Articles
The Articles presented on the Site are available for sale while stocks last. Should supplies of an Article run out despite the best efforts of the Vendor, the Vendor shall be responsible for notifying the Clients via the Site and / or immediately by any appropriate means (telephone call or email) in the course of an order. In the event of the unavailability of an Article after the relevant order is confirmed, the Vendor may offer the Client another Article of an equivalent quality and price. The cost of sending the equivalent Article shall be borne by the Vendor. The Vendor may not be held liable if supplies of Articles run out or they become unavailable.
Article 4 - Prices and terms of payment
4.1. - Prices
The prices of Articles are given in euros or in pounds sterling if the delivery address is in United Kingdom, inclusive of all taxes. They do not include delivery costs, which vary according to the place of delivery and are indicated prior to validation of the order. The Vendor reserves the right to alter its prices at any time, without notice. However the prices payable by the Client for Articles shall correspond to the list in effect on the Site when the order is placed, and the Vendor may not alter them once the order has been validated.
4.2. - Conditions and procedures for payment
The total amount owed by the Client is displayed before definitive validation of the order takes place on the Site. Payment of the amount owed for the order must be carried out on the Site by means of a Carte Bleue, Visa, Mastercard or American Express card or with a PayPal account. To make a payment, the Client must provide certain information regarding the bank card, including the name of the card holder, the card number, its expiry date and its security number. Payment for the order is carried out by means of the Adyen secure payment solution. The payment shall be deemed to have been validated after confirmation of the payment agreement by the issuing organization. If payment is rejected by the bank, the order shall automatically be cancelled and the Vendor released from all obligations and liability regarding the Client.
Article 5 - Delivery - Transfer of risk
5.1. - Delivery procedures
The Vendor only delivers the Articles within the Territory. Deliveries are made exclusively by TNT within France and by Fedex in the rest of the Territory. The Client will receive delivery of the Articles, at the address indicated by him or her when placing the order on the Site, within thirty (30) days at most of encashment of the payment due for them by the Vendor. No deliveries will be made to post office boxes. The Client will bear any consequences (delays in delivery, failure to deliver, additional delivery costs, etc.) that may result from any inaccuracies or gaps in the information provided by him or her for the purposes of delivery. The conditions, prices, and schedules of delivery may be consulted by clicking on the ‘Payment and delivery’ link. When the order is dispatched, the Client will receive an email announcing this. The Client may follow the progress made with regard to delivery of his or her order using the package reference number supplied by the Vendor. If the Client is not present when delivery takes place, the carrier shall if appropriate leave a calling card informing him or her of the procedure and time limits applicable for collection of the package: thus the delivery shall be deemed to have been carried out by the Vendor, who shall as a consequence be released from all obligations and liability regarding the Client.
5.2. - Delays in delivery
In the event of a failure to deliver or of a delay in delivery, the Client send the Vendor an email as promptly as possible at the address email@example.com or contact Customer Service on the number indicated in the ‘Contact’ section. The Vendor shall if appropriate contact the carrier so that inquiries may be made. If delivery is not carried out by the stipulated deadline, and this is not the result of an occurrence of force majeure as defined by French case law or of a strike arising for any reason, the Client shall be entitled to request cancellation of the sale by contacting Customer Service at the address firstname.lastname@example.org or by telephoning the number indicated in the ‘Contact’ section. The Client shall then be refunded the amount paid for the order within fourteen (14) calendar days at most of cancellation of the contract. Except under special circumstances, or in the event of non-availability of one or more Articles, the Articles ordered shall be delivered in one consignment. Deliveries are carried out by an independent carrier.
5.3. - Acceptance of the Articles
Verification and acceptance of the Articles ordered, demonstrated by the signature of the Client or of any other authorized recipient on the delivery note, shall bring about the transfer of risk to the Client. It is therefore up to the Client to verify the number and condition of the Articles when they are delivered by the carrier. If the order being received is visibly damaged or does not correspond to the order, the Client must refuse to accept the Articles, after providing the carrier with a written expression of the customary reservations, as required and in sufficient detail (package open, article(s) damaged or missing, etc.). The Vendor must be informed of any anomalies with regard to delivery of the Articles, by means of an email sent to the address email@example.com, or via the number indicated in the ‘Contact’ within 5 business days at most of the delivery of the package. After this deadline has passed, unless these formalities have been complied with, the Articles shall be deemed to be free from any apparent defects, and no claims in this respect may be validly accepted by the Vendor, notwithstanding the provisions of article 7 (‘ Guarantee ’).
Claims relating to apparent defects in the Articles shall only be accepted if they are made in accordance with the above procedure, with all the relevant documentary evidence. The Customer Services department will oversee the Client’s claim, informing him or her of the information required to enable as satisfactory a response as possible to be provided to his or her claim, (in particular, this department may ask the Client to send photographs of the apparent defects) and will organize at its own expense the return of the defective Articles. In the event of a refusal, or of the return of the Article by the Client justified by an error in the delivery operation or of the non-compliance of an Article under the conditions stipulated above, the Vendor shall proceed, as it sees fit, either to refund the amount paid for the Article(s) concerned within 14 or to re-send the missing Article(s).
Article 6 - Right of withdrawal
The Client has 14 full days as from the date of acceptance of the Articles (as evidenced by the sending date) in which to exercise his or her right of withdrawal by completing the return form provided in the package or by making an unambiguous declaration expressing his or her wish to withdraw from the transaction. The Client has 14 full days as from the announcement of his or her decision to withdraw from the transaction in which to send back the Articles. The Articles must be returned in their entirety, in their original packaging, with the labels still attached and intact, to the following address: Maison Michel - Société Maison Michel, 120 rue Henri Barbusse, 93300 Aubervilliers, with the costs and the liability arising from the return of the Articles being borne by the Client.
The Articles cannot be handed back to a Maison Michel store nor to a retail outlet selling Maison Michel articles. The Vendor will not make any refunds if the Articles returned by the Client do not correspond to the Articles ordered or have an origin other than the Site. The Client may incur liability in the event of an Article suffering damage as a result of handling other than that required to try on the Article in a manner that would be allowed were he or she in a store, in particular by wearing the Article.
The Client must as a consequence try on the Article with all necessary precautions, and in particular must retain in place the protective film designed for this purpose. Upon receipt of the Articles at the address indicated above, if the conditions listed above have been fulfilled, the Vendor shall acknowledge receipt of your request by email and then refund the amount paid for the Articles within 14 days at most of (i) the return of the Articles or (ii) the date on which the Client provided proof of the dispatch of the Articles (the applicable date being the first of the above occurrences), while the rest of the order shall remain firm and definitive.
The delivery costs incurred for delivery of the order shall also be refunded to the Client provided the Articles are returned in full. Failing this, the Client shall be deemed to have benefited from delivery of the remaining products. Refund shall be carried out using the means of payment used by the Client for his or her original payment or, by agreement with the Client, using any other means of payment at no extra cost to the Client (bank transfer).
If Articles are returned after the deadline set fourteen (14) days as from the Client’s decision to withdraw (as evidenced by the postmark), or if the above conditions are not met, the Vendor may refuse to refund the Client. In the event of such a refusal, the Articles may be returned to the Client at his or her expense, if this is requested within 2 months.
Article 7 - Guarantees
7.1. - Quality of the Articles
The Vendor guarantees that the Articles comply with the applicable standards and regulations in force in terms of quality, traceability, safety and consumer protection, as well as composition, labelling and marking.
7.2. - Statutory Guarantee
The Vendor is bound by the statutory guarantee of compliance and by the guarantee relating to defects in items sold. As indicated in article 5.3 of the GTCS, the Client is invited to check compliance of the Articles received in fulfilment of his or her order and, if a defect is noted, to contact the Customer Services department by email at the address firstname.lastname@example.org or by telephone on the number indicated in the ‘Contact‘ section. Customer Service will then oversee the claim, informing the Client of the procedures for returning the Article and then for its replacement or the provision of a refund.
Article L211-4 of the consumer code: ‘The vendor is required to deliver an item that complies with the provisions of the contract and is answerable for any non-compliance at the time of the delivery'.The vendor is also answerable for any non-compliance that arises from the packaging, and the instructions for assembly or installation if the vendor’s is required to provide such a service, or to supervise its provision, under the terms of the contract.'
Article L211-5 of the consumer code: ‘In order to be compliant with the provisions of the contract, the item must : 1 - be suitable for the purpose generally expected for an item of this kind and, if applicable : - correspond to the description provided by the vendor and possess the qualities presented by the vendor to the purchaser by means of a sample or a model ; - present the qualities that a purchaser may legitimately expect, given the public declarations made by the vendor, the manufacturer, or its representative, in particular in advertising material and labelling ; 2 - or else present the characteristics defined by joint agreement between the parties or be suitable for any particular use intended for it by the purchaser, brought to the attention of the vendor and accepted by it.’
Article L211-12 of the consumer code: ‘Any legal action arising from non-compliance must be taken within two years of delivery of the item.’
Article 1641 of the civil code: ‘The vendor is bound by the guarantee relating to latent defects in the item sold that render it unsuitable for the use intended for it, or that restrict the use to such an extent that the purchaser would not have acquired it, or would only have acquired it at a lesser price, had it been aware of said defects.’ Article 1648 paragraph 1 of the civil code: ‘Any legal action arising from insurmountable defects must be instigated by the purchaser within two years of discovery of the defect concerned.’
If replacement of the Article is impossible, or cannot be implemented within one (1) month of receipt of the Article concerned by the Vendor, the Client shall then have the options of returning the Article and requesting a refund of the price paid for it or of retaining the Article and obtaining refund of a proportion of the price. The guarantee does not cover damage arising from an external factor (accident, impact, etc.) or from a failing on the part of the Client resulting from deployment or use that is non-compliant with and / or inappropriate for the characteristics of the Article.
Article 8 - Information technology and civil liberties
The Client is informed that the information obtained in connection with his or her order undergoes computerized data-processing. By application of the provisions of law n° 78-17 passed on the 6th January 1978 and relating to information technology, computer files and civil liberties, known as the ‘Law on Information Technology and Civil Liberties’, as amended by the law passed on the 6th August 2004, it is stipulated that the personal data requested from the Client are required for the processing of his or her order and are intended for internal use by the Vendor, which may nevertheless forward them to third parties, to goods carriers or to banks, to enable the orders placed by the Client to be dealt with in a satisfactory manner. The Vendor may also use said data in order to send the Client offers of Articles, with prior permission from the Client. The Client has the right to access, modify and remove information ‘Michel & me’ area. The Client may exercise this right by contacting the Customer Service department by email at the address email@example.com or by telephone on the number indicated in the ‘Contact’ section. This automated processing of data is in particular intended to assist in combatting bank card fraud. The Vendor may ask the Client for documentary evidence (identity documents bearing the name of the cardholder, proof of residential address, etc.). Should the Client refuse to provide these documents or this information, the Vendor may cancel the order and refund the amount paid for the Article.
Article 9 - The Vendor’s liability arising from the Site
The Vendor shall not be liable in any way if, through occurrences of force majeure, of events outside its control, or of demonstrated necessity, it closes the Site, cancels one or more orders, or alters the General Terms and Conditions of Sale. The Vendor shall not be liable in the event of : - malicious interventions, - problems with telephone, internet or postal services, - problems with equipment or software, - problems accessing the Site’s server, - destruction of the information supplied by Clients for reasons not attributable to the Vendor, - malfunctions in software or equipment, - human errors or electrical problems, - disruption that may affect the smooth running of the Site or the accomplishment of a purchase on the Site. In all cases, if the satisfactory administrative and / or technical processing of a purchase on the Site is disrupted by a virus, a computer bug, an unauthorized human intervention or any other cause outside the control of the Vendor, the Vendor reserves the right to discontinue the transaction in progress. Likewise, the fact of instigating a purchase on the Site implies knowledge and acceptance of the characteristics and limits of the Internet, the absence of protection of certain data from possible misappropriation or piracy and the risks of contamination by any viruses that may be circulating on the network. The Vendor may close the Site, cancel or suspend one or more orders, or alter the conditions applicable thereto if it appears that fraud of any form - in particular online fraud - has taken place. Under such circumstances, it reserves the right to refrain from supplying items to the fraudsters and / or to take legal action against them in the courts holding jurisdiction in the matter.
Article 10 - Intellectual property
The Site, as well as each of its component elements - notably but not exclusively the text, images, photographs, illustrations, and if applicable sound and music, as well as the underlying technology - are, unless stipulated otherwise the exclusive property of the Vendor or of its partner companies. As a consequence, by application of the provisions of the French intellectual property code, of the laws and regulations of all countries and of the relevant international agreements, any reproduction or representation - including by downloading or transmission by any means - in full, in part and / or in modified form, of the Site or any of its component elements, is prohibited, as is the adaptation or translation thereof. Hypertext links to the Site using framing or in-line or deep linking techniques are strictly prohibited. In all cases, links must immediately be removed as soon as the Vendor so requests. The company names, trademarks, logos and distinguishing signs appearing on the Site are legally protected ; the reproduction or use of all or any of these elements, by any means and on any basis, is strictly prohibited. In accordance with current legislation, legal action will be taken against any party who reproduces in full or in part the Maison Michel Paris trademarks or the Vendor’s designs and / or models purchased or seen by said party. Nor may information enabling the reproduction in full or in part of these designs and / or models be transmitted to any third party, and anyone doing this shall be guilty of complicity in offences committed.
Article 11 - Correspondence
Any questions and / or correspondence and / or claims regarding the Site and / or an order placed via the Site, must be sent - at the Client’s expense - to the Customer Service department by email at the address firstname.lastname@example.org or communicated by telephone on the number indicated in the ‘Contact’ section. No account shall be taken of claims presented in Maison Michel stores or in retail outlets selling Maison Michel branded articles, and no exchanges shall be offered.
Article 12 - Force majeure
The Vendor shall not be liable for any total or partial failure to fulfil its obligations under a sales contract or the present GTCS, if this failure arises as a result of an occurrence of ‘force majeure’ under the conditions defined by the case law of the ‘Cour de Cassation’ (Procedural Appeals Court) including notably but not exclusively, natural catastrophes, actions by the public authorities, embargos, strikes by goods carriers, exceptional weather conditions preventing production, insurrections, riots, and / or disruption to power supplies. In such cases, when the Vendor is affected by the occurrence of force majeure it shall notify the Client by email within ten (10) days at most of the occurrence of force majeure taking place, indicating the anticipated consequences and duration, and shall do all it can to limit the impact thereof. The fulfilment of obligations shall recommence as normal as soon as the occurrence of force majeure ceases and the Vendor has duly informed the Client of this development. If the interruption due to force majeure continues for a period in excess of one (1) month, the Client may ask the Vendor by email at the address email@example.com or by telephone on the number indicated in the ‘Contact’ section.
Article 13 - Partial invalidity
In the event that one or more stipulations in the GTCS are deemed to be invalid, or declared to be invalid by application of a law or regulation, or following a definitive ruling by a court holding jurisdiction in the matter, the other stipulations in the GTCS shall nevertheless continue to apply under the same terms and conditions.
Article 14 - Settlement of disputes
14.1. - Provision of proof
Online acceptance of the GTCS constitutes an electronic signature which has the same value between the parties as a handwritten signature. The documents and digital records stored in the Vendors IT systems shall be retained in reasonable conditions as regards security, and shall be considered to constitute proof of communications, orders and payments between the parties. These elements may be produced as evidence before the courts holding jurisdiction in the matter in the event of a dispute.
14.2. - Applicable law / disputes
The present GTCS are governed by French law, with the exception of those of its provisions that stipulate the application of the laws of another country. Any disagreements regarding the application, interpretation or consequences of the GTCS that cannot be settled on an amicable basis must be submitted to the courts of Paris, France, unless they relate to specific provisions that stipulate that a foreign court shall hold jurisdiction.