Website Refund Policy montaigne-haute-couture.com
applicable from 02/24/2025
ARTICLE 1. PARTIES
This refund policy is applicable between MONTAIGNE HAUTE COUTURE , SARL , share capital: 31015032 €, registered with the RCS of Paris in France THE 04/14/2020 , under the number 951380310 , head office: 21 Av. Montaigne, 75008 Paris, FR , telephone: +33661898053 , email: info@montaigne-haute-couture.com , VAT not applicable, article 293B of the CGI, hereinafter “the Publisher” and any person, natural or legal, private or public law, registered on the Site to purchase a Product, hereinafter “the Customer”.
ARTICLE 2. DEFINITIONS
“ Client ”: any person, natural or legal, private or public, registered on the Site.
“ Contents of the Site” : elements of any nature published on the Site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Publisher ": MONTAIGNE HAUTE COUTURE , SARL taken in its capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, private or public, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
“ Site ”: website accessible at the URL montaigne-haute-couture.com , as well as the sub-sites, mirror sites, portals and URL variations related thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general terms and conditions. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will imply full and complete acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user also acknowledges having fully understood them and accepts them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions apply to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS
5.1. Order
To place an order, Internet users can select one or more Products and add them to their shopping cart. Product availability is indicated on the Site, in the description sheet for each item. Once their order is complete, they can access their shopping cart by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will have the option to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their total price. They will have the option to remove one or more Products from their basket.
If their order is satisfactory, Internet users can confirm it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose to the secure payment interface containing the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming its processing, including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and are not effective for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
6.2. Payment method
The Customer can make payment by Paypal, Stripe .
When paying by credit card, the Publisher does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank.
In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.
6.3. Billing
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
Agreed payment dates cannot be delayed under any circumstances, including in the event of a dispute.
Any amount not paid on the due date will automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the principal amounts due.
In addition, any late payment will result in the defaulting Customer being invoiced for recovery costs of 40 euros, all amounts remaining due becoming due immediately, regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally due to the Customer. This clause is in line with the provisions of Article 1152 of the Civil Code, which allows the judge to reduce the compensation if the judge considers it to be excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINT - WITHDRAWAL - GUARANTEE
7.1. Customer Service
The Site's customer service is accessible from Monday At Friday of 09:00 has 7:00 p.m. to the following non-premium rate telephone number: 0662281271 , by email to: info@montaigne-haute-couture.com or by post to the address indicated in article 1 of these general conditions. In the latter two cases, the Publisher undertakes to provide a response within 24 hours .
7.2. Right of withdrawal – Distance selling
This article 7.2 is applicable to the Customer having the status of consumer within the meaning of the introductory article of the Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs.
The period referred to in the preceding paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple batches or parts whose delivery is staggered over a defined period, the time limit runs from the receipt of the last good or batch or part. For contracts providing for the regular delivery of goods over a defined period, the time limit runs from the receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
The decision to withdraw must be notified to the Publisher using the contact details provided in Article 1 of these general terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general terms and conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer returns or restores the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for the full amount paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the professional may defer reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, whichever is the earlier. Beyond this, the amount due is, by operation of law, productive of interest at the legal rate in force, as specified in Article L. 242-4 of the French Consumer Code.
Where applicable, the professional will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and provided that the reimbursement does not incur any costs for the Customer. However, the professional is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of the Customer. These costs are estimated at a maximum of 9 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer is only liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The conditions, time limits and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
- for the provision of services fully performed before the end of the withdrawal period and the performance of which began after the prior express agreement of the Customer and express waiver of his right of withdrawal;
- supply of goods made according to the Customer's specifications or clearly personalized;
- supply of goods liable to deteriorate or expire rapidly;
- for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- of supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by the Customer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- for the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
- for the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
- concluded at a public auction;
- of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
- for the supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the Customer and express waiver of his right of withdrawal.
Similarly, the right of withdrawal is not applicable to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
When validating the order for digital content independent of any physical medium before the expiry of the withdrawal period, the Customer's waiver of the right of withdrawal will be manifested by checking the box corresponding to the following sentence: “I expressly waive my 14-day right of withdrawal for the Products delivered.” The Customer will then receive an email confirmation of their waiver of the right of withdrawal.
When confirming the order for a service, the Customer's waiver of the right of withdrawal will be demonstrated by checking the box corresponding to the following sentence: "I expressly waive my 14-day right of withdrawal for services I receive before the end of this period." The Client will then receive an email confirmation of their waiver of the right of withdrawal.
The Customer who has exercised his right of withdrawal from a service provision contract, the execution of which has begun, at his express request, before the end of the withdrawal period, pays the professional an amount corresponding to the service provided until the communication of his decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.
7.3. Termination of the contract at the initiative of the Client
The Consumer Customer may cancel the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the amounts paid by him when placing the order.
This clause shall not apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to invoke the cancellation of the sale provided for in this article.
7.4. Guarantees
7.4.1. Warranty for apparent defects and faults
It is the Customer's responsibility to check that the Products are in good condition at the time of delivery. This check must include, in particular, the quality, quantities and references of the Products as well as their conformity with the order. No complaints will be taken into account after a period of three days from delivery. In any event, any complaints concerning delivered packages will only be taken into account if the Customer, being a trader, has expressed reservations to the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.
7.4.2. Warranty for hidden defects and faults
7.4.2.1. Legal guarantees
Customers have a legal guarantee of delivery in accordance with the provisions of the Civil Code (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code) and a security guarantee (Articles 1245 et seq. of the Civil Code).
Customers with consumer status also have a legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code).
7.4.2.2. Conventional guarantee
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 1 years from delivery of the Product.
7.4.2.3. Return
In order to implement the guarantee, it is the Customer's responsibility to return the product to the Publisher's head office address, accompanied by an explanatory letter requesting either repair, exchange or reimbursement.
In any event, the Customer is requested to follow the Publisher's instructions precisely regarding the return of the Products.
The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the conformity guarantee of articles L. 217-4 et seq. of the Consumer Code.
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The Consumer Customer has a period of 2 years from delivery of the goods to take action against the seller. As such, he can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following delivery of said Product, except for used goods. Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee. When the Consumer Customer decides to implement the hidden defects guarantee, he can choose between the cancellation of the sale or a reduction in the sale price. |
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable law
These general conditions are subject to the application of French law.
8.2. Modifications to these general conditions
These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in effect on the day of their order or connection to this Site; any new connection to the personal space implies acceptance, where applicable, of the new general terms and conditions.
8.3. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes with a Consumer Client which may arise in the context of the execution of these general conditions and for which a solution cannot be found amicably between the parties beforehand must be submitted.
In addition, the Consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .
Since January 1, 2016, mediation has been mandatory for everyone. Therefore, any professional selling to individuals is required to provide the contact details of a competent mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
CM2C / https://www.cm2c.net/declarer-un-litige.php
8.4. Entirety
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of this contract.
8.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.
8.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the telephone canvassing opposition list at the address http://www.bloctel.gouv.fr/ .
8.7. Languages of these general conditions
These general conditions are offered in French.
8.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.
