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TERMS AND CONDITIONS OF SALES
1. PREAMBLE
Maison Dormans, a simplified joint stock company (SAS) with share capital of 10,000 euros, registered with the Trade and Companies Register (RCS) of Le Mans under the number 893 239 210, with registered office at La Beroize – 2604 Route de la Beroize – 72190 Sargé-Lès-Le-Mans, European VAT number FR07893239210, represented by its Chairman and Managing Director (Maison Dormans) sells products including pyjamas for adults, children, babies, slippers and other accessories (the Products) via its website www.maisondormans.fr (Website or Site) and in certain other outlets (pop-up stores, private sales, etc.).
These Terms and Conditions of Sale (TCS) specify the conditions under which Maison Dormans sells the Products to any individual (the Customer) who is not a professional (defined as any Customer acting including through another person acting in their name or on their behalf, for commercial purposes).
Before purchasing Product(s) on the Site, the Customer systematically has the opportunity to read these CTS and must explicitly acknowledge their acceptance of them by checking the relevant box. The Maison Dormans CTS are available for consultation on the Site at all times and are liable to be updated from time to time, in which case the Customer will also be informed. Each sale of a Product is governed by the CTS in force on the day of the sale.
2. What is the purpose of the Maison Dormans TCS?
The purpose of these TCS is to define the relations between Maison Dormans and the Customer, and in particular they cover:
- How the Customer can place an order on the Site and obtain the delivery of the Product(s) ordered;
- The guarantees and possibilities available to the Customer(s) after the delivery of the Product(s).
3. How to order a Maison Dormans product
Availability of the website
Any Customer wishing to purchase one or more Products may go to the Maison Dormans Website, which is normally available without interruption 24 hours a day, seven days a week, except if from time to time the service is interrupted, partially or totally, for reasons relating to its maintenance and/or technical or commercial upgrading/updating.
Creating a customer account
To place their orders, the Customer has the possibility of creating a personal customer account by completing the form provided in the "My Account" tab. The creation of an account is confirmed to the Customer by an email confirming that they have been registered.
The Customer account allows the Customer to access their order history at any time, to track the orders placed and to access the personal data transmitted to Maison Dormans. For more information on Maison Dormans' data privacy policy, please read the "Privacy Policy" information page accessible here.
Guest checkout
If a Customer does not wish to create a customer account, they can still place an order for one or more Products via the guest checkout function using the "Check out as a guest" button.
Basket.
To place an order, the Customer selects the Product(s) they wish to purchase on the Site, with no limit on quantity and adds them to the "Basket" by clicking on the button provided. The Basket contains a list of the Products the Customer has selected to purchase. This list can be modified freely by the Customer (including quantities and prices) until they are ready to click on "Buy Now".
Order confirmation
When the Customer's order has been received, they receive an order confirmation email detailing the content of the order (Products purchased, prices, any related charges, carrier's estimated delivery date). This confirmation email also contains an invoice and a summary of the steps to take if the Customer wishes to change their mind during the cooling off period, in accordance with Article 7.
Cancellation of the order by Maison Dormans
Maison Dormans regularly updates its Website, in particular to take account of the fluctuation in its stocks. Accordingly, it is possible that very occasionally Maison Dormans will be unable to process an order due to unavailability of one or more Products. If this occurs, Maison Dormans will inform the Customer as soon as possible and will immediately refund the price of the Product(s) concerned. Maison Dormans may not, however, be held liable in any way for any consequences of such cancellation(s).
Maison Dormans also reserves the right to refuse or cancel an order from a Customer with which it is involved in a dispute concerning the payment of a previous order, or if there is an objective suspicion of fraud or if the Customer intends to re-sell the Products on a commercial basis.
General points
In placing the order, the Customer states and guarantees that they are aged over 18 and able to purchase the Products.
The Customer acknowledges that they have been informed that the information they provide to Maison Dormans must be accurate and complete, particularly with regard to the place of delivery of the Products.
Regarding embroidered products, each item receiving an embroidery will see the latter's shirt pocket become dummy.
4. ABOUT MAISON DORMANS PRICES
The prices are fixed, as indicated on the Website. Prices are quoted in euros inclusive of VAT at the French VAT rate applicable on the day of placing the order. Prices do not include delivery charges.
Maison Dormans may alter its prices, in particular if it wishes to change its sales policy and/or to pass on a change in the tax rates applicable to its sector of business.
Maison Dormans remains the sole owner of the Product(s) sold until full payment of the price is received and the means of payment cleared, including any taxes that may apply and any related charges, in particular delivery charges.
5. Payment
Online payments to Maison Dormans for the Product(s) are handled by a specialist service provider, which meets the highest standards applicable in terms of secure payment and encryption of banking data. Maison Dormans does not hold or even have access to any banking data.
Payments may be made using all the credit and debit cards commonly accepted on the market.
The Customer declares that they are the owner and duly authorised user of the bank card or account used to make the payment.
6 .How are products delivered?
Delivery methods
When placing the order, the Customer may choose the type of delivery they prefer, namely home delivery by Colissimo, or delivery to a collection point of their choice.
The Customer is billed for the delivery at the price shown when they confirm their order. Delivery is free over 300 euros of purchase on maisondormans.fr
In France, the Product(s) will be delivered within a maximum of 6 working days, counting from the first working day after the placing of the order (except during holiday periods or in the case of any event leading to an extension of delivery times duly mentioned on the Website and/or in the confirmation email). The average delivery time in mainland France is 2 to 5 days following the receipt of the order.
In other countries, the Product(s) will be delivered within a maximum of 15 working days, counting from the first working day after the placing of the order (except during holiday periods duly mentioned on the Website). The delivery charge may vary from one country to another. In addition, depending on local legislation, the Product(s) may be subject to customs duties or other taxes payable on delivery. The Customer acknowledges that they will be liable for the payment of any such extra amounts and will make it their business to find out what specific conditions apply in the country of delivery specified.
Maison Dormans outsources the delivery of its Products and may not be held liable for any events of a nature to delay the delivery that are beyond its control.
Conformity of Products delivered
If, on delivery, a Customer finds that there is a problem with the quality or conformity of the Product(s) received (quantity, defects, for example), they have five (5) calendar days in which to inform Maison Dormans, by email at this address: contact@maisondormans.fr. If no such claim is received within this time limit, the Product(s) will be deemed delivered and compliant with the order.
Under these conditions, the Customer may also change their mind within the cooling-off period, as detailed below.
Shipping costs for returns are the responsibility of the customer
7. What guarantees are offered?
Cooling-off period
The Customer benefits from a cooling-off period, during which they can cancel their purchase without penalties and without having to give any reason whatsoever, of fourteen (14) calendar days, counting from the day after the order is placed. If this fourteen (14)-day deadline expires on a Saturday, Sunday or bank holiday or non-working day, it is extended until the next working day.
Beyond this fourteen (14)-day deadline, the sale becomes firm and final. The Customer will no longer be able to cancel the purchase and will only be able to request an exchange, following the procedure set out below.
To exercise their right to change their mind, the Customer must send the withdrawal form included in the order confirmation email or accessible from their customer account to the following address: contact@maisondormans.fr and return the Product(s) concerned.
Maison Dormans will acknowledge receipt of the withdrawal form as soon as possible.
Refunds for Products
Any payments made by a Customer exercising their right of withdrawal under the conditions set out above will be refunded within a maximum of fourteen (14) days of the receipt by Maison Dormans of the Product(s) returned. This refund includes the reimbursement of the postage paid by the Customer when the Product(s) is/are returned from within France. Otherwise, the cost of returning the goods is payable exclusively by the Customer.
The Product must be returned in its original packaging, in its original condition, including with the label, new, unworn and unwashed. If these conditions are not met, Maison Dormans reserves the right not to refund the Products and/or the postage.
The refund will be made by the same means of payment as was used by the Customer when placing the order. If this is no longer possible, the Customer should contact Maison Dormans to inform it that their banking information must be updated.
shipping costs for returns are the responsibility of the customer
Exchanging Products
The Customer may exchange Product(s) purchased on the Website within fourteen (14) days, counting from the day after placing the order, subject to availability of the Product(s).
If the price of the replacement Product(s) is lower, Maison Dormans will refund the difference in the form of a credit note which will be sent to the Customer by email or be downloadable from their Customer account, within five (5) days of receiving the Product(s) returned for exchange. Conversely, if the price of the replacement Product(s) is higher, the difference must be paid by the Customer directly on the Website in the usual way so that the exchange can be made.
The Product must be returned in its original packaging, in its original condition, including with the label, new, unworn and unwashed. If it is not, Maison Dormans reserves the right to refuse the exchange.
Only non-embroidered and non-personalized products will be refunded or exchanged (under the above conditions).
8. WHAT IS THE EXTENT OF MAISON DORMANS' LIABILITY?
Statutory warranties
The Product(s) sold on the Website are covered by the statutory warranty on conformity and hidden defects. Accordingly, the Customer may return defective or nonconforming Products free of charge under the conditions set out in Article 6.
However, this warranty will not cover any Products altered and/or repaired, directly or indirectly, by the Customer. The warranty does not cover Product(s) damaged in transit, after delivery or used under conditions that are unusual for this type of product (e.g. failure to follow washing instructions).
For more information on how to claim under this warranty, please contact Maison Dormans' customer service department at this address: contact@maisondormans.fr
Limitation of liability
If the Customer claims compensation, Maison Dormans will not be liable for any amount higher than the price of the Products concerned by the claim.
Force majeure.
Maison Dormans may not be held liable for any damage and/or delay and/or partial or total non-performance due to a case of force majeure.
There is force majeure where an event beyond the control of the obligor which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects could not be avoided by appropriate measures prevents performance of its obligation by Maison Dormans.
Cases of force majeure include, for example, total or partial strikes, lock-outs, riots, boycotts or other industrial action or commercial disputes, civil unrest, insurrection, war, acts of terrorism, severe weather conditions, epidemic, blockage of means of transport or supplies for any reason whatsoever, earthquakes, fire, storms, floods, water damage, government or legal restrictions, legal or regulatory changes to forms of certain sale, cyber fraud or cyber attacks, blockage of telecommunications and any other circumstances beyond the control of the parties and preventing the normal performance of the contract of sale.
In a case of force majeure, Maison Dormans' obligations will be suspended without it incurring any liability of any kind, and in particular with regard to compliance with delivery times. Maison Dormans will keep the Customer regularly informed of the measures taken and the new expected delivery date.
9. What intellectual property protection does MAISON DORMANS have?
All texts, comments, works, illustrations and images, whether visual or audible, reproduced on the Website are protected by copyright, trademark and image rights for the whole world.
They are the full and absolute property of Maison Dormans. Therefore any use of such protected items without the permission of Maison Dormans will constitute an infringement of its intellectual property rights, and in some cases, may also constitute an act of unfair competition.
10. COMPLAINTS AND SETTLEMENT OF DISPUTES
In the event of any disagreement or dispute of any kind, between Maison Dormans and the Customer (hereinafter "Dispute"), the following provisions will apply:
Complaints
If the Customer wishes to make a complaint, they may contact Maison Dormans by email at this address: contact@maisondormans.fr.
Amicable settlement
The Parties will endeavour to resolve the Dispute by amicable discussion over a period of thirty (30) calendar days, counting from the sending of a registered letter with acknowledgment of receipt by the Party informing the other of the Dispute.
Consumer mediation
The Customer has the possibility of taking the matter, free of charge, to a consumer mediator, if no amicable settlement can be reached.
Applicable law and jurisdiction
These TCS are governed by French law.
11. What do we do with your personal data?
Maison Dormans undertakes to comply with the current regulations on the processing of Personal Data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable since 25 May 2018 and French Law no. 2018-493 of 20 June 2018.
An information note on Personal Data protection is accessible to the Customer at the time of placing their order, which sets out the measures taken at Maison Dormans concerning the collection, processing and protection of the personal data that is liable to be collected in connection with the sale of the Product(s).