Terms of use

Article 1 : Introduction and contact

1.1 Introduction

The present terms and conditions of sale apply exclusively to the company MAISON MONTIGNAC (hereafter "We") and any person visiting the website or buying a product from the website maisonmontignac.com (hereafter "You"). They also cover the MAISON MONTIGNAC guarantee policy.

The terms and conditions of sale are available for anyone to read on the website maisonmontignac.com (hereafter the "Website"). These terms and conditions of sale can be modified at any time. The terms and conditions applicable are those on the website at the date of your order.

 

1.2 Contact and identification of vendor

MAISON MONTIGNAC is managed by RED LUXURY SAS, whose registered office is located at 4 rue d'Astorg, 75008 Paris.

Registered with the Paris Trade and Companies Register under number 790 020 481

If you wish to contact us, here are our contact details:

Customer service
contact@maisonmontignac.com 

Website host: OVH

This website has been declared to the CNIL (French Data Protection Authority) under number (pending).

 

Article 2 : Contract

2.1 Terms and conditions for placing an order

• You are a person aged 18 or over and have the legal capacity or have parental authorisation to place an order on the website.

• You have authority for your personal assets.

• You accept without reserve these terms and conditions of sale.

• You are fully authorised to use a payment card to pay for your order and this card has access to sufficient funds for the full payment of your order.

If one or more of these four conditions are not met, you are not authorised to use this website and place an order.

 

2.2 Order

After placing your order, we will send you a confirmation email.

You can track your order on www.maisonmontignac.com, in TRACK YOUR ORDER

Your order includes an invoice in euros that you can download after delivery from MY ORDERS. 

 

2.3 Box and case

Every piece of jewellery purchased comes with a box, a shopping bag and a branded guarantee.

 

Article 3 : Price, AVAILABILITY, DELIVERY AND CUSTOMS

3.1 Price

The prices shown on the website are in euros and include French taxes (European VAT and other applicable taxes) including:

• order processing fees

• all packaging, including boxes in which every piece of jewellery ordered will be delivered

We reserve the right to change our prices at any time and without warning. Products already ordered will be invoiced at the prices when the order was placed.

Despite every effort, a number of products on our website may be incorrectly priced. 

The "store prices" shown on the website refer to the prices in stores in France for identical products or the prices at which we think a comparable product would be sold by a store in France, using our price assessment methods. This price is for information only, for which we decline all liability.

 

3.2 Availability and delivery

We will inform you of the standard delivery date on the Website on each product's information page. If you change the size or reference number after your initial order has been confirmed and paid for, the delivery date indicated at the time of purchase and in your account will no longer be valid and will have to be reassessed by customer service once your request for change has been taken into account. We cannot guarantee delivery on the date associated with your first choice of jewelry, as changes to the reference or size may cause a delay in the usual manufacturing and delivery process.

If, despite every effort, a product cannot be delivered, we will inform you by email and/or telephone as soon as possible and your order will be cancelled without any form of compensation beyond the reimbursement of the order payment.

For more information on Delivery, please refer to our dedicated page: HERE.

 

3.3 European Union custom duties

Orders are dispatched from France. No custom duty is applicable for deliveries within the European Union.

 

Article 4 : PAYMENT

4.1 Accepted methods of payment

You can pay by Visa/Mastercard. (Please check with your bank to ensure you have 3D Secure.)

The information for payment (address, amount, order, etc.) can be found in the order confirmation and must be respected to the letter to ensure the order is processed.

Payment by cheque or postal order is not accepted. 

 

4.2 Payment refused and order cancellation

For security reasons, we reserve the right to refuse payments and also cancel orders:

• if a delivery address is not referenced, deliveries to hotels and PO boxes
• if we cannot contact the person who placed the order
• if we have any doubts about the legitimacy of the order

 

4.3 Protection

"You are also informed that, as part of your order, the Fraud Expert solution is used and that your personal data is therefore processed in addition to the processing of remote payments. Ingenico e-Commerce Solutions SPRL (Ingenico) is responsible for this additional processing, the purpose of which is to prevent and combat fraud, determine a level of risk, and model the score.

Fraud may result in your data being recorded in a file maintained by Ingenico in order to keep track of fraud, in particular to feed into the risk assessment criteria and scoring models used. Such a record could also lead to you being assigned an increased risk rating for future orders with merchants in the same sector who have chosen the Fraud Expert solution, and could result in your order being rejected by the merchant.

You have the right to query, access, and rectify your data, as well as the right to object on legitimate grounds to your data being processed by Fraud Expert. You can exercise these rights by sending a letter to: Ingenico e-Commerce Solutions SPRL - Legal Department “Privacy Protection” - Boulevard de la Woluwe 102 - B-1200 Brussels (Belgium) or by email to: privacy@ecom.ingenico.com, accompanied by a copy of a signed identity document."

 

Article 5 : Liability

We decline all liability in the case where the item delivered does not respect the laws of the destination country outside of the European Union.

We will take every professional precaution to ensure customer service. Nevertheless, we cannot be deemed liable if we are unable to fulfil our contractual obligation due to unforeseeable circumstances or force majeure as defined by jurisprudence under French jurisdiction.

Furthermore, in the case of insubstantial differences between the presentation photographs of items on our website, texts and illustrations and the ordered items, we cannot be deemed liable.

We make every effort possible to guarantee the services mentioned in these terms and conditions of sale. We are liable for any direct or foreseeable damage when visiting the website or when concluding the contract of sale between ourselves and you, however this compensation could not exceed the total of the purchase concerned.

Under no circumstances could we be considered liable for the loss of profit, commercial loss, loss of data, loss of income or any other indirect loss or which was not foreseeable at the time of visiting the website or at the time of concluding the contract of sale between ourselves and you.

 

Article 6 : Reserve of ownership

The goods delivered will remain our property until you take physical possession of the delivered product once it has been paid for.

 

Article 7 : Right of withdrawal and returns

MAISON MONTIGNAC is primarily concerned with your satisfaction. You have an unconditional right of withdrawal without explanation within fourteen (14) calendar days of delivery for the items ordered from the online store.

Please note that the delivered products must not have been used. If you would like to exercise your right of withdrawal and cancel the contract of sale, MAISON MONTIGNAC will refund the amount spent less any postage for the ordered items which remains at your cost and under the condition that the products have not been worn or damaged and are returned in their original MAISON MONTIGNAC box, otherwise the item will be sent back to you.

To exercise your right of withdrawal, you must inform us of your decision to withdraw within fourteen (14) days of receipt of your purchase, using the withdrawal form that you have duly completed, downloaded from the MY RETURNS page, and returning the form and items by post to the following address:

RED LUXURY

 4 rue d'Astorg

75008 Paris

 FRANCE

Returned items must be in their original box.

Postage for returned items is at your cost.

Following receipt of your returned items, we will immediately refund you the entire order excluding postage costs. The refund will be by bank transfer to the card that was used to pay the initial invoice. Returned items cannot be replaced or exchanged. A new online order must be placed.

 

Article 8 : Website access and property rights

We grant you access to and the use of our website for your own personal use.
Under no circumstances are you authorised to download, reproduce, copy, sell, use or modify all or part of this website (in particular the listed products, descriptions, prices, downloads or copies of information, use of data, software, sounds, graphics, images, texts, photographs, tools) without our express written authorisation.

The website contains links to other websites. These other websites are not under our control and under no circumstances could we be held liable for the exactitude, respect of intellectual property rights, legality, decency or any content of these websites.

 

Article 9 : Personal data protection

We pledge to protect any and all personal data pertaining to you. All personal data pertaining to you collected by us will be processed in the strictest confidentiality, in compliance with our policy for personal data protection:

• Your personal data collected from elements that you enter into the website will exclusively be used to process your order in the best possible conditions and to recommend suitable offers
• Your personal data are never rented out, sold or passed on to a third party, other than to process your order.
• You have the right to access, oppose, modify and delete all of your personal information on our secure account management interface.
• Non-personal data provided by your activity on the website is used to improve customer services, in particular website usability, products presented and customer relations.

The processing of information provided by the intermediary of the website maisonmontignac.com is the object of a CNIL declaration. 

 

Article 10 : Applicable law and jurisdiction

The present terms and conditions of sale are subject to French law.

Any disputes concerning the commercial relationship between ourselves and you are subject to French jurisdiction. 

 

MAISON MONTIGNAC GUARANTEE POLICY, ONLY FOR ORDERS FORM CURRENT WEBSITE

 FOR FRENCH & EUROPEAN CUSTOMERS

 

1. Legal guarantee

Article L211-4 of the French Consumer Code:

The vendor is required to deliver a product which complies with the contract and is held liable for any lack of compliance existing upon delivery.

The vendor is also liable for any lack of compliance caused by the packaging or the assembly instructions or the installation if the vendor assumed liability thereof or had it carried out under its responsibility.

 

Article L211-5 of the French Consumer Code

To comply with the contract, the product must:

1. Be suited for the purpose usually associated with such a product and, if applicable:

- correspond to the description provided by the vendor and have the characteristics that the vendor presented to the buyer in the form of a sample or model;

- have the characteristics that a buyer might reasonably expect it to have considering the public statements made by the vendor, the producer or his representative, including advertising and labelling; 

2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the vendor and which the latter accepted.

 

Article L211-15 of the French Consumer Code

The commercial guarantee covers any contractual commitment by a professional to a consumer in view of the refund of the purchase price, the replacement or repair of the product, in addition to the legal obligations to guarantee compliance of the product.

The commercial guarantee is the object of a written contract, a copy of which is given to the buyer.

The contract specifies the content of the guarantee, its implementation, price, duration, territorial scope and the name and address of the guarantor and states article L. 211-16.

Furthermore, it clearly and precisely states that, independent of the commercial guarantee, the vendor is liable for the legal guarantee of compliance mentioned in articles L. 211-4 to L. 211-13 of the present code and concerning any faults with the sold product, under conditions stipulated in articles 1641 to 648 and 2232 of the Civil Code. Articles L. 211-4, L. 211-5 and L. 211-12 of the current code and  article 1641 and the first paragraph of article 1648 of the civil code are also stated.

If these provisions are not respected, the guarantee remains valid. The buyer is within his/her rights to benefit from the guarantee.

 

Article 1641 of the French civil code:

The vendor is required to guarantee the item sold against latent defects that render it unsuitable for its intended use, or which diminish this use to such an extent that the buyer would not have purchased the item, or would have only purchased it at a lower price if he/she had known of the latent defects.

 

Article 1648, 1st paragraph of the French civil code:

Legal action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.

In application of these texts, MAISON MONTIGNAC commits to a complete legal guarantee that covers manufacturing defects. The guarantee policy is available at any time on the TERMS OF USE pages on www.maisonmontignac.com. The guarantee only covers damage that, in the opinion of MAISON MONTIGNAC, has not been caused by an accident or inappropriate use, normal wear, modification, attempts to repair, negligence concerning MAISON MONTIGNAC jewellery.

Any item under guarantee that appears faulty can:
1. be replaced, subject to availability, by an identical item, or
2. be repaired, subject to the degree of damage of the item under guarantee and the possibility and availability of spare parts. 
In any case, MAISON MONTIGNAC cannot proceed with your choice of solution if this solution would engender clearly disproportionate costs compared with the other solution, in relation to the value of the product or the importance of the defect. The other solution will then be applied.

This guarantee is provided free of charge.

The faulty item must be returned at your cost to the MAISON MONTIGNAC head offices. The parcel must be sent recorded delivery and insured. MAISON MONTIGNAC declines all liability in the case of damage, loss or theft during transportation.

If the repair and replacement of the product are impossible or require more than a month from the date of your complaint, you can return the product and we will refund you.

Cancellation of the sale cannot take place if the non-compliance is minor.

Please keep your invoice in case you have a complaint during the guarantee period. The invoice serves as proof of purchase and authenticates the products purchased and is a legal document required for this guarantee. 

MAISON MONTIGNAC reserves the right to change or adapt these guarantee conditions and their future impact at its discretion, at any time.

This guarantee does not affect your statutory rights.

 

1. What isn't covered by the guarantee?
This guarantee does not cover damage to MAISON MONTIGNAC products caused by accident, incorrect use, abusive use, modification, attempted repair, negligence after purchase, normal wear.

 

2. What does the guarantee apply to?
This guarantee applies to the initial buyer of the MAISON MONTIGNAC product and to the subsequent owners of the product for the duration of the guarantee. The MAISON MONTIGNAC invoice serves as proof of purchase for the product; all product owners must keep the invoice or certificate of authenticity in case of a complaint as part of this present guarantee.

 

3. How long does the guarantee last?
The guarantee is for one (1) year for the gold collection and six (6) months for the ceramic collection from the initial purchase date.

 

4. How do I make a claim under guarantee?
You can make a claim under guarantee:

 
1 -  By contacting the customer service department:

• contact@maisonmontignac.com
• Monday to Friday from 9am to 5pm (French time)

 

2 - By completing the downloadable return form in the MY RETURNS page and following the stipulated return instructions. We recommend sending the product by recorded delivery and insuring the package for its retail sale value. MAISON MONTIGNAC cannot be liable for the loss, damage or theft of the product during transportation.

 

5. What happens when the MAISON MONTIGNAC repair department receives the product?

Your right to guarantee is determined upon receipt and after the product has been examined. If a material or manufacturing fault is determined, the repair specialist will define the options for replacement, exchange or repair depending on (1) the availability of the spare parts / product and (2) the possibility of repair. If it is determined that there is no material or manufacturing fault, the Customer Service Repair Policy will be applied, giving you the option of having your product repaired by MAISON MONTIGNAC at your cost. For further information, please contact the customer service.