Article 1 – Purpose and Scope

1.1 – Website

These terms and conditions of sale (hereinafter the “T&C”) apply to the website www.michel-paris.com (hereinafter the “Website”), operated by the company Maison Michel, Société par Actions Simplifiée with a share capital of 250 000,00 euros, whose registered office is located at 2 Place Skanderbeg – 75019 Paris, France, registered in the Trade & Companies Register of Paris under number  815 340 336 (hereinafter the “Seller“), which offers for sale, under MAISON MICHEL trademark, hats and various accessories and fashion articles (hereinafter the “Articles”).

The Seller can be reached by e-mail at [email protected]. In the absence of a reply, the Seller can also be reached by phone at: +33 (0)1 45 08 94 62, from Monday to Friday, from 10 a.m. to 5 p.m. (Paris time, France).

The Website is available in French and in English, and partly in Chinese. The Customer acknowledges that the translations in English and Chinese of the Website are offered for the Customer’s convenience when browsing the Website.

1.2 – The Customer

2.1 – Characteristics of the Articles

The characteristics, descriptions, colors, photographs and representations of the Articles on the Website are the subject of the greatest attention by the Seller and are described and presented in the most precise way possible (specifications, illustrations, size, composition, etc.). However, the Seller may not be held liable in the event of slight variations in the presentation of the Articles or for any differences in appreciation that may result therefrom.

The Customer is invited to refer to the description of each Article to find out about its properties and particularities, as regards the characteristics required and the size desired, the choice and purchase of an Article being placed under the sole responsibility of the Customer. The Customer may also, at any time, contact the Seller’s customer service department (hereinafter the “Customer Service Department”) by e-mail at the following address [email protected] to obtain any additional information he/she may require.

2.2 – Availability of Articles

The Articles are offered for sale within the limit of available stocks. Information on the availability of Articles is provided on the Website at the time the order is placed, and the Seller makes its best effort to ensure that the availability of Articles is regularly updated.

If, despite the Seller’s vigilance, an Article ordered is out of stock, the Seller will inform the Customer by any means (primarily by e-mail) as soon as possible. The order for the Article concerned will be cancelled and the Customer will obtain a refund of the price paid for the Article concerned within a maximum period of fourteen (14) calendar days following the cancellation of the sale.

The Seller may not be held liable in the event of stock shortage or unavailability of the Articles.

In the event of an Article being out of stock, the Customer may register for an alert by using the “Create an alert” button and entering his/her e-mail address.

Article 3 – Order

3.1 – Ordering process

To place an order for an Article, the Customer must select the desired Article on the Website and add it to his/her shopping basket by clicking on the “Add to Cart” button. The Customer then has the option of continuing with his/her purchase by clicking on the “Continue Shopping” button. At any time, the Customer may delete the Articles selected on the page displaying his/her shopping basket, by clicking on the “Basket” icon available on all pages of the Website in the top right-hand corner.

Once the Customer has completed his/her selection, he/she must check his/her shopping basket by clicking on the “Basket” icon. On this occasion, by clicking on “Remove“, the Customer may delete one or more of the Articles selected (without being able at this stage to modify the order, for example regarding the desired quantity, size, color, nature of the Articles, etc.). Once Customer has read the details of his/her order, Customer may apply a promotional code by indicating it in the corresponding “Privilege Code/Exclusive Offer” icon and clicking on “Apply“. The Customer must then confirm the order by clicking on “Proceed to checkout“.

The Customer is hereby informed that all the Articles selected in his/her shopping basket whose order has not been finalized via his payment, remain available for sale to other customers and that the Seller provides no guarantee as to the maintenance of the price in force on the day of the selection not followed by validation, the applicable price being the price in force at the time of finalization of his/her order via his/her payment by the Customer.

After validating the shopping basket by clicking on the “Proceed to Checkout” button, Customer can choose between 3 options:

• ordering as a guest by entering his/her contact details (in particular his/her billing address) without ticking the “Create an account” box;
• ordering by using his/her customer account and logging in with his/her current username and password (hereinafter the “Secure Access Codes”);
• ordering by creating a customer account.

The Customer account gives the Customer access to his/her personal “My Account” section, which enables him/her to track his/her orders and access his/her order history from May 24^th, 2023. To access the record of orders placed before May 24^th, 2023, the Customer may send a request to the Seller by e-mail to [email protected].

The Seller cannot be held liable for the inaccuracy of the information given by the Customer when creating his/her customer account and/or placing his/her order.

It is always the Customer’s responsibility to safeguard the security of his/her Secure Access Codes, which are strictly personal. Consequently, any purchase made using his/her Secure Access Codes will be deemed to have been made by him/her as the holder of these identifiers. If the Customer loses or forgets his/her Secure Access Codes, he/she may request them again by clicking on “Lost your password?/Want to change password?” in the “My account” section, represented by the corresponding icon in the top right-hand corner (accessible by clicking on the button “Have you lost or would like to change your password?”). The Customer will then receive his/her Secure Access Codes by e-mail at the address he/she gave when he/she created his/her customer account.

To finalize the order, the Customer must:

• indicate or confirm his/her first and last name, delivery address and, if necessary, billing address, e-mail address and phone number. The Customer may also give delivery instructions in a dedicated free field,
• select the delivery method chosen from those offered according to the country of delivery (delivery times and costs are indicated at this stage and may vary depending of the delivery method and country ),
• read the summary of the order (and make any changes in the event of an error by returning to the previous steps if necessary),

Customer must then accept his/her order by clicking on “Payment“.

The Customer must then confirm that he/she has read these T&C and explicitly accept them by ticking the box “I have read and agree to the website terms and conditions ” (a link to the T&C is available at this stage by clicking on “Terms and Conditions“).

The Customer can then proceed to payment by clicking on the “Checkout” button, which will give him/her access to secure payment for his/her order after having selected his/her method of payment from those offered by the Website and entered the corresponding details.

The sale will not be considered definitive until the Seller has received the full price of the order, confirmed by the Seller sending confirmation of acceptance of the order to the Customer by electronic mail to the e-mail address indicated by the Customer, the Customer formally accepting the use of electronic mail for confirmation by the Seller of the content of the order.

The Seller reserves the right to refuse an order if it is  contrary to the provisions of the T&C. Similarly, the Seller may not be held liable if the proper administrative and/or technical processing of an order on the Website is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the Seller’s control, or if there is a strong presumption of fraud, or that fraud has occurred in any form whatsoever, in particular by computer, in which case the Seller reserves the right to interrupt or cancel the order in progress. In such cases, the Customer will be informed by e-mail of the cancellation of the order and will be reimbursed for any sums paid prior to the cancellation of the order by the Seller.

Once payment has been made, the Customer may not modify the order. Customer always has the option of exercising his/her right of withdrawal, the terms of which are described in article 6 below.

If the Customer has a customer account, the Customer may follow the progress of his/her order on his/her customer account. In any event, the Customer may contact the Seller’s Customer Service Department by e-mail at the following address [email protected].

3.2 – Proof of order

As a rule, it is stipulated that e-mails will be deemed authentic between the Customer and the Seller, particularly as regards the nature and date of the order.

In addition, in accordance with Article L.213-1 of the French Code de la Consommation, the Seller shall keep the information relating to any order for a certain period and shall make it available to the Customer on simple request sent by the latter to : [email protected].

It is recommended that the Customer also keeps a copy (in electronic format and/or on paper) of the elements relating to his/her order.

Article 4 – Prices and terms of payment

4.1 – Price

The sale prices of the Articles are displayed inclusive of all taxes, in the currency of the country in which the Customer is identified as being located.

If the Customer wishes to have the order delivered to an address in a different country, the sale price will be converted when the Customer indicates the chosen delivery address. The Customer will therefore pay in the currency of the chosen delivery address, in:

• euros (€) if delivery is made in a member country of the euro zone;
• pounds sterling (£) if delivery is made in the United Kingdom;
• Swiss franc (CHF) if delivery is made in Switzerland;
• yen (¥) if delivery is made in Japan;
• won (₩) if delivered is made in South Korea; or
• dollars ($) if the delivery is made in another country.

By default, delivery costs are calculated according to the place where the Customer is identified as being located. If the Customer wishes to have the order delivered to an address located in a different country, the delivery costs will be modified, where applicable, according to the country of delivery when the Customer enters the delivery address.

Standard delivery charges are offered in certain countries and/or during specific events and may be subject to conditions (notably minimum purchase conditions), depending on the Seller’s commercial policy, which may change at any time.

Except in the cases mentioned above, the Customer will have to pay the delivery costs corresponding to the country of delivery chosen. Additional delivery charges may be invoiced to the Customer when the latter chooses “express” delivery.

The Customer must also pay if applicable,  the cost of postage and customs duties as well as any bank charges, which will always be payable by the Customer.

The delivery rates proposed and available can be accessed at any time on the Website by clicking on the “Delivery and Returns” link.

The delivery rates applicable to the order are those selected by the Customer before validating his/her order, as confirmed by the Seller when confirming the order.

The Seller reserves the right to modify its prices at any time and without prior notice. However, the Articles will be invoiced to the Customer on the basis of the prices in force on the Website at the time the order is placed, and the Seller will not be able to modify them once the order has been validated via payment.

4.2 – Terms and conditions of payment

The total amount owed by the Customer is indicated before the final validation of the order on the Website.

Orders can only be paid on the Website using a Carte Bleue, Visa, Mastercard, American Express, UnionPay, Apple Pay or a Paypal account.

To proceed with payment, the Customer must provide certain information relating to the bank card, including the name of the cardholder, the bank card number, its expiry date and its cryptogram number. Payment for the order is made using the Adyen secure payment solution, which complies with PCI DSS security standards. If the Customer has chosen to pay via his/her Paypal account, he/she will be redirected to the Paypal site for this purpose.

Payment will be considered validated after confirmation of the payment agreement by the issuing organization. In the event of refusal by the bank or the Paypal platform, the order will be automatically refused, and the Seller will then be released from all obligations and liability towards the Customer. The Customer may download his/her invoice from his/her personal “My Account” section. If the Customer has not created a “Customer Account“, the invoice is available as an attachment to the dispatch confirmation e-mail sent by the Seller.

Article 5 – Delivery – Transmission of risks

5.1 – Delivery

Where the Customer is eligible for delivery, the Seller delivers the Articles to a large number of countries, namely:

Algeria, Andorra, Argentina, Australia, Austria, Belgium, Benin, Brazil, Bulgaria, Canada, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hong Kong SAR, Hungary, India, Indonesia, Ireland, Italy, Israel, Ivory Coast, Japan, Jordan, Kuwait, Latvia, Lebanon, Lithuania, Luxembourg, Malta, Malaysia, Mauritius, Mexico, Monaco, Morocco, Netherlands, New Zealand, Nigeria, Norway, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Romania, Saudi Arabia, Senegal, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Saint Barthélémy, Saint Martin, Sweden, Switzerland, Taiwan, Thailand, Ukraine, United Arab Emirates, United Kingdom, United States.

The conditions, prices and delivery times proposed and available are always accessible on the Website by clicking on the “Delivery and Returns” link.

The conditions, prices, and delivery times applicable to the order are those selected by the Customer before validating his/her order, as confirmed by the Seller when confirming the order.

Articles purchased by the Customer will be delivered according to the delivery method chosen and to the address indicated by the Customer when ordering on the Website. No delivery will be made to a post office box.

The Seller will make its best effort to send the Articles to the Customer as quickly as possible once the order has been placed, in accordance with the delivery method chosen by the Customer when placing the order. Notwithstanding the foregoing, in all cases, delivery will be made within a maximum of thirty (30) working days from receipt of the order confirmation e-mail, subject to the availability of the Articles, as indicated to the Customer at the time the order was placed.

However, the Customer must bear the consequences (delay in delivery, impossibility of delivery, return of the Articles to the Seller, additional transport costs, etc.) resulting, where applicable, from the erroneous and/or incomplete nature of the information provided by the Customer with a view to delivery and/or from the absence of the Customer at the time of delivery.

Once the order has been dispatched, the Customer will receive an e-mail informing him/her that his/her order has been sent. Customer will be able to track the delivery of his/her order using the parcel number provided by the Seller. It is the Customer’s responsibility to be present (or represented) when his/her order is delivered.

In the absence of any more favorable conditions proposed by the Seller (e.g., indication on the Website during exceptional events, or at Seller’s written agreement), the Customer will then have a maximum of fourteen (14) days to return the Articles from the date on which he/she exercises his/her right of withdrawal.

The Articles must be returned complete, with their original packaging and box, and the labels still attached and intact, to allow the Seller to proceed with their remarketing in new condition. In the event of alteration of the Article resulting from handling other than that necessary to establish the nature and/or conformity of the Article, the characteristics or the proper functioning of the Article, the Seller reserves the right to refuse to reimburse or exchange the Article.

Articles returned using the prepaid return label (provided by the Seller by e-mail at the Customer’s request except for Oceania, Africa, South America), must be accompanied by the delivery note available in the parcel sent with the Articles, to the following address: C-log, Bâtiment C, Zac Paris Oise, Avenue de Madrid, 60126 Longueil-Sainte-Marie.

The Seller will not issue a refund if the Articles returned by the Customer do not correspond to the Article(s) ordered or if they do not come from the Website.

The costs and risks associated with the return of the Articles shall be borne by the Seller. The Customer must take all useful measures to ensure their return in perfect condition and to use a carrier selected by the Seller. Articles may not be returned to a Maison Michel boutique or any other point of sale selling Maison Michel Articles. The Seller shall not make any refund if the Articles returned by the Customer do not correspond to the Articles ordered, are incomplete or damaged and/or were not purchased on the Website.

The Customer may be held liable in the event of depreciation of the Article resulting from handling other than that required to try on the Article in a manner that would be permitted in the shop, by wearing the Article. The Customer must therefore try on the Article with all necessary precaution, by keeping the inner protective film intended for this purpose.

If the conditions are met, the Seller will reimburse the Articles concerned within a maximum period of fourteen (14) days following (i) the return of the Articles or (ii) the date on which the Customer provided proof of dispatch of the Articles (the date considered is the first date when these facts occurred), the remainder of the order remaining firm and definitive. Proof of dispatch of the Articles must be established by any means enabling the dispatch of the Articles to the Seller to be proven without any possible dispute.

Unless the delivery costs were offered, the delivery costs incurred, where applicable, for the delivery of the order will also be reimbursed to the Customer, except in the event of partial return of the Articles. In this case, the Customer will have benefited from delivery of the remaining Articles for which the right of withdrawal has not been exercised. Any other costs arising from the purchase of the Article (such as customs fees, where applicable) remain the responsibility of the Customer. Please note that return shipping is free except for returns from Oceania, Africa, South America.

The refund will be made using the same method of payment as that used by the Customer for payment or, with the Customer’s agreement, by any other method of payment, at no additional cost to the Customer (bank transfer).

In the event of late return of Articles, exceeding the period of fourteen (14) days from the date of the Customer’s decision to withdraw (the date appearing on the proof of posting/shipment being taken as proof), or if the conditions are not respected, the Seller may refuse to reimburse the Customer. If reimbursement is refused, the Articles may be returned to the Customer, at the Customer’s expense, if the Customer so requests within two (2) months of the date of the request.

Article 7 – Statutory warranties

7.1 – Conformity and hidden defects

The Seller is bound by the statutory warranty relating to conformity and defects of the products sold (1).

When acting on the ground of the statutory warranty of conformity, the Customer: – has two (2) years from delivery of the Article to take action against the Seller; – when repair is possible, can choose between compensation or replacement of the Article, subject to the cost conditions stated in article L. 217-9  of the French Code de la consommation; – is exempt from providing proof of the existence of the non-conformity of the Article during this timeframe. The Customer can decide to claim under the guarantee for hidden defect as defined by articles 1641 to 1648 and 2232 of the French Civil Code and, in this event, can choose between cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

The Customer shall verify that the Article(s) received correspond(s) to the order and, in the event of a non-conformity or defect under the relevant statutory warranties, shall contact Customer Service Department at the following address [email protected] which shall provide the necessary information regarding the return of the Article(s) and their replacement or refund.