General Terms and Conditions of Distance Sale

Mauboussin Company (hereafter referred to as the « Company ») creates, produces and markets MAUBOUSSIN trade-marked products meaning luxury goods of jewellery, watchmaking and accessories.

In order to better meet its customers’ expectations, the Company has set up, along with the store network and the distribution network, an organised online distance selling of selected products.

The following General Terms and Conditions of Distance Sale apply to any online distance sale of MAUBOUSSIN trade-marked products by means of MAUBOUSSIN website which domain name is : www.mauboussin.fr (hereafter referred to as the « Website ») :

• by placing an order of customers who are individuals acting as consumers (under law and jurisprudence) and usually reside in Germany, Austria, Belgium, Spain, Finland, Greece, Italy, Luxembourg, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Sweden, Denmark, France ;
• for the purpose of a delivery to the same individuals for themselves or through any third party who usually resides in this territory and is acting as a consumer (under law and jurisprudence).

Any online distance sale of MAUBOUSSIN trade-marked products through the Website is submitted to the following General Terms and Conditions of Distance Sale, which the customer accepts. These General Terms and Conditions may be modified and updated. In the event of modifications, each order will be submitted to the General Terms and Conditions of Distance Sale in force on the day the order is placed.

MAUBOUSSIN, a simplified stock company with capital of €104,728,000, with its registered office at 31, rue Cambacérès - Paris (75008) – France, registered under number 542 106 307 RCS with the Company Register of Paris. Phone number : +33 (0)1 44 55 10 00.
Email address : [email protected]
VAT identification number : FR55 542 106 307.

• 3.1 All information (categories, denominations, definitions, reproduction of the products, detailed descriptions : characteristics and composition, etc.) related to all online distance sales of MAUBOUSSIN trade-marked products are available, in accordance with legal requirements and regulations in force, in all MAUBOUSSIN stores and associated stores, during opening hours of the stores, and on the Website.

  While taking all the necessary precautions and highest accuracy by publishing information, descriptions of the products and data available on the Website or in MAUBOUSSIN stores and associated stores, and keeping a regular update, the Company will not be held responsible for any non-substantial error, which the customer recognizes and accepts. Either way, in case of non-compliance of the product delivered in comparison with its online description, the Company undertakes to rectify this error under conditions provided by article 13 hereunder.

• 3.2 More generally, the Company will not be held responsible for :

  • interruptions or delays on the Website due to the maintenance of the Website, technical malfunctions, a force majeure event, the action of a third party, or any other whatever circumstance independant from its will ;
  • impossibility for the customer or the Company to momentarily access the Website due to events independent from its will such as : software failures, telephone network failures, Internet network failures, Internet network’s reception equipment failure, etc.

• 4.1 To be able to place an order on the Website, the customer must have reached the age of legal majority required to enter into contracts, have its usual residence on the territory of Germany, Austria, Belgium, Spain, Finland, Greece, Italy, Luxembourg, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Sweden, Denmark, France, have legal capacity to enter into contracts and have a credit card as defined by article 9 hereunder.

  Orders will be received in French and are accepted only within the limit of available products’ stock. To this end, the customer is informed, when placing the order on the online information page of the Website describing all the products :

  • of the availibility of the product ;
  • or, in case of momentary unavailibility of the product, of the possibility to order with a later delivery specified at the time of the order.

  If ever, despite the alertness of the Company, products ordered are not available anymore, the Company will inform the customer by any means (phone call or email) as soon as possible.

• 4.2 The customer commits that the completeness of the communicated information to the Company on the website for purpose of the order, is compliant with the following General Terms and Conditions of Distance Sale, complete and updated to this day. Otherwise, the Company reserves the right to : (i) purely and simply cancel the order and the payment or, (ii) conditionned it to the communication, by the customer, of any documentary proof of the information and addresses given, in order to be sure of their existence and correctness.

  It is recalled that during the order, the Company collects the following personnal data : identity, ID and password chosen by the customer on the Website, email address, phone number, postal address of the usual residence of the customer, delivery address and payment methods, etc. These data are neccessary for the processing of the order (in particular, for the intermediaries to the payment of the orders such as banking institutions).

  In accordance with the law « Informatique et Libertés » of January 6, 1978, you can at any time claim access to, and if necessary, rectification or deletion of the information concerning you or to oppose their treatment by Mauboussin.

  To exercise this right, it is sufficient to send an mail to : [email protected] or to MAUBOUSSIN – Service Relation Clientèle – 31, rue Cambacérès 75008 Paris.

• 4.3 As required by article L. 121-11 of the French Consumer Code, the Company reserves the right, at its option, as far as retail sale is concerned, to refuse any abnormal order exceeding the quantity of products regarded as reasonable by the Company.

  The Company reserves also the right to refuse any order : (i) placed by a customer with whom there would be a litigation relating to the payment of a former order ; or (ii) non-compliant with these General Terms and Conditions.

  If the Company notices that the order is not compliant with these General Terms and Conditions of Distance Sale, (for example : incorrect delivery address, abnormality of order’s thresholds), the Company will inform the customer either on the Website, or by telephone, or by email. If the customer does not correct the wrong information or the non-compliant with these General Terms and Conditions of Distance Sale information that is written on the order, the Company reserves the right to purely and simply cancel the order and the payment.

The order placing on the Website is submitted to the strict compliance with the procedures as described below and also manifested by the succession of windows on which are specified the stages that the customer must respect to validate its order.

• 5.1 First step : selection of the products by the customer

  On the Website, the customer selects, enters and validates the type and the quantity of products he wants to order (if so, the availibility is to be confirmed by the Company) ; the aforesaid products are added to the « Shopping Bag ».

• 5.2 Second step : Verification of the selected products

  The customer can freely modify online the « Shopping Bag » composed by selected products, delete a product originally selected, modify the quantity ordered or add an article by clicking on the corresponding elements available in the « Shopping Bag ». The price products, as defined in article 8 hereunder, automatically appears.

• 5.3 Third step : confirmation of the selected products and validation of the order

  After the customer has finished his selection and wants the content of the « Shopping Bag », then he needs to identify himself :

  • if he has an account on the Website : through his email address (ID) ans his password ;
  • if he does not have an account on the Website : the customer shall follow the dedicated procedure to create an account by giving the required information, in particular his name, his usual residence address to which he will receive his invoice, his phone number, his email address, etc.

  The customer must also validate :

  • the delivery address – given that the said address can match with the usual residence of a third party chose by the customer or, failing this, to the address of the company in which the third party exercise his/her professional activity, if indeed this company is settled in the same territory ;
  • the shipping time slot (carrier being Skynet) ;
  • and, finally, the payment method chosen.

  Once all this information has properly been entered and validated, the products’ prices – as defined in article 8 hereafter – as well as potential shipping costs, automatically appear.

  After giving his/her credit card number, in compliance with the conditions of article 9 hereafter, the customer then clicks on the button « VALIDER MON PAIEMENT » (CONFIRM MY PAYMENT) in order to debit his/her bank account.

  Approval from the bank to debit the bank account appears. We recommand that the customer saves and/or prints the said approval to debit. Then, the « Shopping Bag » is automatically forwarded to the service in charge of the order picking, the customer then sees the order number.

  This order is bounding for the customer as soon as the Company receive the « Shopping Bag » duly filled in and validated with the display of the registration’s order.

• 5.4 Fourth step : receipt confirmation of the order by the Company

  The Company acknowledge receipt of the order by an email sent to the email address given by the customer. In accordance with article 1126 of the French Civil Code, the customer formally accepts the use of email to receive the confirmation by the Company of the content of the order.

  This email confirmation resumes all the information given by the customer and indicates, if appropriate, difficulties or possible reserves of the order (availibility of the products ordered, delivery schedules or payment method chose). The email mentions the order number given by the Company to the customer.

• 5.5 Fifth step : shipping of the products

  In view of their nature and preciosity, the ordered products are individualy sealed to guarantee their integrity and authenticity.

• 6.1 Delivery time

  Delivery time is provided for information purpose only and even if the Company undertakes to make its best efforts to comply with this delivery time, it may not be held contractually liable if the time is exceeded. In other words, a reasonable excess (subject to a limit of thirty days exceeding the announced date at the order) of the delivery time cannot be constitutive of a reason for termination or invalidity of the sale between the customer and the Company.

  The customer undertakes that all the information communicated to the Company in the context of the order, are compliant with these General Terms and Conditions of Distance Sale, complete and updated. If not, the Company reserves the right to cancel purely and simply the order and its payment.

• 6.2. Delivery costs

  Delivery costs, unless expressly stated otherwise for a bearing of the costs by MAUBOUSSIN at the order taking, are bore by the customer and vary according to the geographical area of the delivery selected by the customer as well as the delivery method chose by the customer ; these costs are in addition with the amount of the order.

  Delivery costs automatically appear on the Website during validation of the order by the customer and are also communicated to the customer by email when receiving his/her order confirmation.

  The customer will receive, at the time of delivery, for each product, the written confirmation of the price paid and the delivery costs bore by him.

• 6.3 Receipt of order

  The parcel is delivered by the carrier selected by the Company to the address given by the customer during the order. In the event of absence of the customer at the time of delivery, an advice document will be left by the carrier in the letter box. It is the responsability of the customer to contact the carrier and agree on another delivery time dirtectly with the carrier.

  Each delivery shall be deemed to have been performed once the product is made available to the customer, which can be confirmed by the carrier’s control system.

  Without prejudice of the period given to the customer in compliance with the statutory right to withdraw from the contract, as defined in article 12 hereafter, it is up to the customer to verify the parcel at the arrival and to make any reserves and/or complaints to the carrier, which would seem justified, even to refuse the parcel, if this one may have been opened or if it shows obvious tracks of deterioration.

  If the customer does not make any reserves or complaints when receiving the parcel, then the customer won’t be able to question the condition of the parcel and/or of the products ordered.

• 6.4 Transfer of property – Transfer of risks

  The property of the products to the customer transfers only after full payment of the price.

  The risks of loss and damage to the ordered products transfers to the customer at delivery time.

In general terms, by express agreement between the Company and the customer, email will be taken as proof between the parties as well as the systems of automatic recordings used by customer relations department or on the Website, in particular about the nature and the date of the order. Furthermore, the Company keeps orders’ elements during ten (10) years.

However, it is recommended, for any order made on the Website, that the customer also keeps a copy (either in electronic or printed form) of the orders’ elements (for example, the email sent by the Company for confirmation order in compliance with article 5.4.).

The price reported on the Website are in €uros and include the taxes, without costs deliveries.

The prices charged are the ones in effect at the time the order is placed.

The customer is required to pay his order by credit card, or eventually by wire transfer or cheque.

The customer can also ask for a deferred payment.

• 9.1 Payment by credit card

  Product purchased by the customer are paid for by credit card.

  Are accepted the following credit cards : cards bearing the « CB » logo ; Visa, Eurocard, Mastercard.

  Cards issued by banks not domiciled in France must be international bank cards.

  In this context, the customer undertakes to pay only with his own credit card with his identity written on it (surname and lastname).

  Online payment on the Website : the customer access to a secure server protected by 128-bit SSL encryption and certified by a Certification Authority. The customer must give his credit card number and/or his bank details by filling in the online payment form.

  The transaction can therefore go ahead in compliance with bank security standards. By phone as well as on the Website, by giving his/her credit card number and/or his/her bank details, the customer agrees in advance and without any conditions that the Company proceeds to the secure transaction. The customer authorizes in advance his bank to debit his/her account at the sight of the records or statements submitted by the Company, even in the absence of bills signed by the hand of the card holder. The authorization to debit the customer’s account is always given for the amount of the product(s) bought.

  The customer’s credit card is then charged after verifying that the order is in compliance with these General Terms and Conditions of Distance Sale, the availibility of the product(s). If, for any reason (opposition, refusal of the sender cost center, etc.) debit of due amount is impossible, the order won’t be registered by the Company and/or will be cancelled.

• 9.2 Payment by wire transfer

  When the customer eventually choose to pay his order by wire transfer, he is required to give MAUBOUSSIN, within 7 days, a copy of the transfer order by email using this address email : [email protected].

  The wire transfer must intervene within 7 days following the date of the order, on the MAUBOUSSIN bank account which banking information is given to the Customer by email when the order is registered. Beyond 7 days, the order is cancelled. Upon receipt of the wire transfer credit’s confirmation, the Company send the order to the customer.

  The customer is aware that the wire transfer is not accepted for the products concerned by special operations reported on the Website or during SALES or private sales.

• 9.3 Payment in 3 or 4 instalments

  With Alma, we offer you the possibility to pay in 3 or 4 instalments. It's simple, secure and free! If you don't know Alma, check it out on https://getalma.eu/customers
   
  How does it work? 
  Choose Alma when you pay. 
  • You can pay in 3x or 4x 
  • Simply enter your bank details as for a traditional payment. The validation of your order is immediate. 
  • You will then receive an email with the payment schedule and a reminder 3 days before each due date. 
   
  Conditions of eligibility: 
  • This type of payment is available for all orders between 50€ and 6000€. 
  • Authorized cards are Visa, Mastercard and Amex cards issued in France. 
  • Prepaid, virtual and systematic authorization cards are not accepted. 
   
  Any questions? 
  If you encounter any problem with your order paid by instalments with Alma, you can visit Alma's customer FAQ by clicking here (https://support.getalma.eu/hc/fr) or send an email to Alma's customer support at [email protected] 
   
  Financing granted is subject to acceptance by ALMA SAS - 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine - registered with the RCS Nanterre under the number 839 100 575. You benefit from a legal retraction period for distance selling.

THE COMPANY KEEPS THE OWNERSHIP OF THE DELIVERED PRODUCTS UNTIL COMPLETE PAYMENT. PAYMENT IS COMPLETE WHEN THE EFFECTIVE PRICE HAS BEEN RECEIVED BY THE COMPANY. IN CASE OF NON-PAYMENT OR PARTIAL PAYMENT, THE COMPANY IS ALLOWED, WITHOUT ANY PRIOR FORMAL NOTICE, TO CLAIM THE DELIVERED PRODUCT(S) SENT BY THE COMPANY TO THE CUSTOMER.

The customer has a limited right to use the Website which remains the sole property of the Company, who created and published, in particular, web pages, images and source scripts, all its database. Therefore, the customer won’t broadcast or reproduce the Website, in part or in whole, in any form.

Company’s products, MAUBOUSSIN trademark, as well as all trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images, designs and models, Company’ s logos on the products in case of distance selling, their accessories or packages, whether registered or otherwise are and shall remain the exclusive property of the Company.

Any reproduction in whole or in part, any downloading, modification or use of these trademarks, illustrations, images and logos, designs and models for any reason and in any media, whithout prior express written agreement of the Company, is forbidden.

The same must be applicable to any mixture or conjunction with any other trademark, sign, logo and more generally, any distinctive sign that creates a composite logo. Likewise, are strictly forbidden without prior express written agreement of the Company :

• creation of hypertext links which points to any page of any component of the Website ;
• any non-compliant use with the present license to use the Website and, in particular, the use of any component (products, decriptions, prices, data, software, graphic designs, images, texts, pictures, software tools, etc.) for the sale or any use directly or indirectly related to business.

As required by article L. 221-18 et seq. of the French Consumer Code, the customer has a right of withdrawal by returning to the Company the withdrawal form given by the Company in the confirmation order email (also accessible here [link…]) duly filled in or by any other written declaration that specifically refers to the withdrawal right, by mail to this address : [email protected] or to TEMIS LUXURY FRANCE – C/O MAUBOUSSIN – 31-53 Rue Blaise PASCAL – 93600 AULNAY-SOUS-BOIS, without the need to provide any specific motives, within a fourteen (14) days period starting from the receipt of the products.

The customer does not have such a right of withdrawal, in accordance with article L. 221-28 3e of the French Consumer Code, regarding personalised products produced at the request of the customer or modified ; which the customer recognizes and accepts. In case your article is to be custom-made, for non available pieces, for ring sizes below 49 or above 57, or for bracelet sizes below 15 cm or above 20 cm, your jewellery piece can be exchanged but not reimbursed.

Then, it is the responsability of the customer to return the delivered products :

• either, by following the several procedure steps suggested by the Company, described on the Website and in the context of all return costs are bore by the customer ;
• or, by means of his/her choice at his/her expense. It is recommended that the customer keeps any proof of this return, which suppose that the products are returned by the customer through a registered mail, or any other appropriate mean giving a certain date.

Either way, the return of the delivered products must be done by the customer :

• within a fourteen (14) days period ;
• in their original package, sealed and intact with any accessories and document provided (notice, warranty, authenticity certificate, etc.) and the delivery receipt.

The reimbursement of the invoiced price for the returned products will be credited on the bank account of the customer, at the latest within a fourteen (14) days period following the receipt, by the Company, of the said product(s).

Personalised products that are returned in incomplete, damaged, used, unsealed, or soiled conditions shall not be refund.

It is the responsability of the customer to make sure that the delivered products match the order. In cases where the products are not compliant with the order, it is recommended for the customer to :

• inform without undue delay the Company either by phone to the customer relations department (01.44.55.10.00), or by email to [email protected], with appropriate justification of the non-compliance,
• and return the said products in their original package (or at least in a package giving the same protection) in perfect condition, unused with all accessories and document provided (notice, warranty, authenticity certificate, etc.) and the delivery receipt,
• by following, to make the treatment easier for the Company, the several procedure steps suggested by the Company, described on the Website and in the context of which all return costs are bore by the Company.

If the customer choose to organize himself/herself the return of the said products, by means of his/her choice and at his/her expenses, it is recommended that the customer keeps any proof of this return, which suppose that the products are returned by the customer through a registered mail, or any other appropriate mean giving a certain date ; return costs are bore – if ever it turns out there is a non-compliance of the product with the order – by the Company.

The reimbursement of the invoiced price for the returned products will be credited on the bank account of the customer, after sending all the documentary proof of the costs.

If it is not possible to exchange the returned products, and if the customer does not wish to have a credit with the Company, refund of the returned nonconforming products’ invoiced price shall be performed by crediting the bank account of the customer, at the latest within fourteen (14) days following the receipt, by the Company, of the returned products.

Notwithstanding any specific warranty conditions that may be given to the customer upon delivery of the products, the Company’s articles are subject to the legal warranties of articles L. 217-4 ; L. 217-5 ; L. 217-12 ; L. 217-16 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code.

Article L. 217-4 du Code de la consommation : « Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité. »

Article L. 217-5 du Code de la consommation : « Le bien est conforme au contrat : 1° S’il est propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant : - s’il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l'acheteur sous forme d'échantillon ou de modèle ; - s’il présente les qualités qu'un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l'étiquetage ; 2° Ou s’il présente les caractéristiques définies d'un commun accord par les parties ou est propre à tout usage spécial recherché par l'acheteur, porté à la connaissance du vendeur et que ce dernier a accepté.»

Article L. 217-12 du Code de la consommation : « L'action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien. »

Article L. 217-16 du Code de la consommation : « Lorsque l'acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l'acquisition ou de la réparation d'un bien meuble, une remise en état couverte par la garantie, toute période d'immobilisation d'au moins sept jours vient s'ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d'intervention de l'acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d'intervention. »

Article 1641 du Code civil : « Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus ».

Article 1648 alinéa 1e du Code civil : « L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur dans un délai de deux ans à compter de la découverte du vice. »

The execution by the Company of all or part of its obligations shall be suspended in the event of an Act of fortuitus event or force majeure in accordance with article 1218 of the French Civil Code, which prevents or delays execution. The Company will inform the customer of such a fortuitus event or force majeure within seven (7) days following its occurrence.

If said suspension of performance of the Company’s obligations were to continue beyond a period of fifteen (15) days the customer will then be entitled to cancel the order in progress, and will then be repaid by the Company as soon as possible by crediting the customer’s bank account.

The fact that the Company refrains at any time from require partial or limited exercise of any stipulation of the present General Terms and Conditions of Distance Sale, shall not be considered to be a waiver, in part or in whole, of such stipulation.

Should any of the stipulations of these General Terms and Conditions of Distance Sale prove invalid, in part or in whole, with regard to a rule of law in force, it shall then be deemed not to have been written, without resulting in the invalidity of the General Terms and Conditions of Distance Sale, or alerting the validity of its other provisions.

THE FOLLOWING GENERAL TERMS AND CONDITIONS OF DISTANCE SALE ARE SUBMITTED TO FRENCH LAW, EXCEPT FOR IMPERATIVE CONTRARY DISPOSITIONS IN ACCORDANCE WITH EUROPEAN REGULATION CE N°593/2008 OF JUNE 17th 2001 APPLICABLE LAW TO CONTRACTUAL OBLIGATIONS (ROME 1). IN CASE OF DIFFICULTY DURING THE ORDER OR THE DELIVERY OF THE COMPANY’S PRODUCTS, THE CUSTOMER CAN, BEFORE ANY LEGAL ACTION, FIND AN AMICABLE SOLUTION WITH THE COMPANY BY USING THE CONSUMPTION MEDIATOR OF THE COMPANY :

CM2C
14 rue Saint Jean – 75017 PARIS
01 89 47 00 14
https://cm2c.net/