Terms of use

 

 

 

 

 

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:

R.L.J
36 rue Victor Basch
Rond point Nelson Mandela
91300 MASSY
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 FROM CURRENT WEBSITE

 

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; or

2. 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 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:
Solution 1. be replaced, subject to availability, by an identical item, or
Solution 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.

 

 

REPLACEMENTS - CUSTOMER SERVICE , ONLY FOR ORDERS FROM CURRENT WEBSITE 

Repairs (Customer Service)

If a part is not covered by the terms of the above MAISON MONTIGNAC legal guarantee, we will offer you our repair service. Please note that MAISON MONTIGNAC only offers this service if the repair is possible, meaning:

• If the product is a genuine MAISON MONTIGNAC product with the MAISON MONTIGNAC logo / stamp.
• If it is possible to recreate the original product.
• If the spare parts required for the repair are available.

Please return the MAISON MONTIGNAC product in its original packaging to the MAISON MONTIGNAC head offices by post. The parcel must be sent recorded delivery and insured. MAISON MONTIGNAC declines all liability in the case of damage, loss or theft during transportation.

To find your exact ring size and to reduce postal exchanges, download the ring size chart from the SIZE GUIDE page and follow the instructions provided.

 

• FINAL ARTICLE - Pre-contractual information - Customer acceptance

You recognise having received, prior to placing your order, an understandable and legible version of the present terms and conditions of sale and all information covered by articles L111-1 to L111-7 and in particular:

• The essential product characteristics, taking into consideration the communication medium used and the product concerned; 
• The price of the products and the associated costs (delivery for example); 
• In the absence of the immediate fulfilment of the contract, the date or time at which the vendor pledges to deliver the product; 
• The information concerning the identity of the vendor, the postal address, telephone and email details and business if not already apparent from the context; 
• The information concerning the legal and contractual guarantees and their implementation formalities; 
• The functionalities of the digital content and, where necessary, its interoperability; 
• The possibility of engaging mediation in the case of a dispute; 
• The information concerning the right of withdrawal (existence, conditions, time-frame, formalities for exercising this right and standard withdrawal form), the cost of returning the products, cancellation formalities and other important contractual conditions.

 

A physical (or corporate) person ordering from the website

www.maisonmontignac.com entails full agreement and acceptance of these terms and conditions of sale which you have expressly recognised.