TERMS OF SALE
(Last update: 3 may 2018)
1. GENERAL TERMS OF SALE
This document, together with the additional information available on www.maisonfabre.com ( hereinafter referred to as the "Site") constitutes the general terms and conditions of sale (hereinafter referred to as the "GTC") applicable between the user of the Site (hereinafter referred to as the "Site"). -after referred to as "You" or "the User") and Maison Fabre SAS (hereinafter referred to as "Maison Fabre"). It governs the contractual relationship between Maison Fabre and You, including any purchase made on or through the Site (hereinafter referred to as the "Transaction"). At the time of verification of your order, ticking the box provided for this purpose and clicking on the button "VALIDATE", you fully and unreservedly accept these Terms.
Maison Fabre requests that you to read the Terms and Conditions carefully before proceeding to any Transaction on the Website. You are bound by the version of these in effect at the time you submit an online form (hereinafter referred to as the "Form") materializing your intention to order products on the Site (hereinafter referred to as the "Order").
These Terms and Conditions are also applicable in the event that you choose to place your Order through the Maison Fabre Customer Service which can be reached via the contact form on the Website or at +33 (0) 1 42 60 75 88.
If you placed an Order through the Customer Service, the Products You ordered will be delivered with the ToS. If you do not accept the ToS or if you do not want to keep the Products, You may return your parcel by following the procedure described under clause 13. If you do accept these ToS and wish to keep your Products, You have nothing to do. After five (5) days, the ToS shall be considered as accepted and you agree that you will be bound by these ToS.
2. MODIFICATION OF TERMS
Maison Fabre may at any time amend the ToS, without prior notice. It is Your responsibility to regularly check the ToS to remain informed of their latest amendments.
You may place an Order only if your billing address, your delivery address, and the address corresponding to your credit card are all located in one and the same country among the following: Germany, Austria, Belgium, Spain, France, Ireland, Italy, Luxembourg, Monaco, Netherlands, Portugal, United Kingdom or Switzerland (the "Countries").
4. OPERATION OF THE SITE
The Site is a secure online platform that allows Users to place an Order online and receive by mail the articles or goods offered for sale on the Site (the “Product(s)”).
5. CHARACTERISTICS OF PRODUCTS
The authoritative description of the Products is the description published on the Site at the time of the Order.
Moreover, you expressly recognize and agree that CITES Products are not available for Monaco and Switzerland (for more information, please contact our Customer Service). Therefore, it is not possible to order such CITES Products from another Country for Monaco and/or Switzerland deliveries.
6. AVAILABILITY OF PRODUCTS
Images of the Products on the Site are provided for information purpose only on Maison Fabre’s collection and their publication on the Site shall not constitute an offer.
The publishing of Products’ descriptions on the Site shall only constitute an invitation to make an offer. By placing an Order, the User is making an offer to Maison Fabre, and Maison Fabre has the right but not the obligation to accept or reject the offer, in its sole discretion.
Products’ price is stated in Euro (€) and with all taxes included. The currency is automatically assigned according to the Territory of the billing and delivery addresses.
You understand and agree that Products may be subject to customs duties, postal, tax or any other additional costs to transport, import or deliver the Products in Your country of residence or delivery. These taxes are independent from Maison Fabre’s control. You agree, if applicable, to fully bear these additional costs which will appear before you check the box related to the ToS and click on the “CHECK OUT”
All orders are subject to stock availability of the Product(s). Items in your shopping basket are not reserved and may be purchased by other Users until the confirmation of Your Order.
Products are available for your personal use only and not for resale. By placing an Order on the Site, You warrant that you will use the Product for Your personal use only.
Maison Fabre, in its sole discretion, reserves the right not to confirm an Order, including but not limited to where there is an assumption that the User will place an Order for resale purposes.
When completing the form, you must specify the means of payment that will be used to complete the Transaction in response to Your Order, subject to acceptance by Maison Fabre. Each Order is checked paying particular attention to the billing address, the delivery address and the credit card used.
The following means of payment are accepted by Maison Fabre:
We only accept credit cards of individuals (excluding company cards) residing at the billing address.
Billing information indicated in Your Order must correspond to the credit card holder. Maison Fabre may contact the credit card holder directly if necessary for verification and ask him/her for additional information. Such verifications will extend the delivery time with two (2) additional business days. If this condition is not fulfilled and/ or Maison Fabre fails to reach the holder of the credit card, Maison Fabre reserves the right to cancel Your Order.
You may prefer to place Your Order through our Customer Service, which you may contact as specified in clause 1 hereinabove. Please note that no bank details shall be sent by email or through the Customer Service contact form. The Customer Service will request from you – on the phone exclusively – all information required by the financial institutions to process the payment of Your Order.
Your credit card will only be charged at the time of shipment of Your Order, after checking Your data and upon receipt of the authorization provided by the issuing company and upon acceptance of Your Order by Maison Fabre.
Subject to the acceptance of your Order, Maison Fabre will send You a confirmation of the conclusion of the Transaction to the email address that You provided when placing the Order.
The Transaction will only be concluded when Maison Fabre will have confirmed its acceptance by sending You the confirmation email including a summary of the Order, the price of the Products, the date and time of the Order, the shipping fees, the taxes and custom duties and the mean of payment chosen by You.
Any Order placed on a holiday or weekend will be processed the next business day.
If You wish to cancel or modify your Order before the shipment of Your Products, You may contact Maison Fabre as soon as possible at the following phone number + 33(0)1 42 60 75 88. Maison Fabre will use its best endeavours to fulfil your request. However, this request will be handled as a simple wish, which Maison Fabre will handle in its sole discretion. Maison Fabre cannot warrant that the Order will be cancelled or modified upon your request.
9. USER ACCOUNT
You may register on the Site to obtain a User Account, that will allow you to benefit from the Services as described in the ToU.
Maison Fabre kindly asks you to refer to the ToU available through the following link ToU for any issue related to Your User Account.
The required information for the registration and the follow-up of Your Order are:
- Your name
- Your first name
- Your Mailing Address
- Your email address
- Your phone number
- Your date of birth
Maison Fabre Will send you by e-mail, a confirmation along with Your access codes. By clicking on the link, You acknowledge that the information provided is accurate.
This information will be confirmed again at the time of delivery.
You declare that you have read the Conditions prior to placing Your Order and You acknowledge that the validation of Your Order implies the acceptance of their terms.
10. SHIPMENT NUMBER
Maison Fabre will send you, upon shipment of your Order, a confirmation email which will contain your tracking link.
To ensure the safety of Your Order, Maison Fabre does not provide directly tracking number to you.
11. TRANSPORT AND DELIVERY
Products will be delivered exclusively to the address mentioned in the Form at the time of the Order. You will be charged the shipping fees, which vary according to the type of shipment and the place of delivery of the Products. The amount of the shipping fees is indicated at the time of placement of the Order.
Shipping costs are available in three currencies, depending on the Country where the delivery has to be made. They are automatically calculated in the currency of the Country of delivery.
You agree and recognize that shipment’s options vary, depending on the country where Your Order has to be delivered. Deliveries are only made by our choice of carrier. The recipient’s signature is required.
In all circumstances, you will have access, via the interface of our carrier, to the date of delivery of your products scheduled by the carrier while filling out your Order.
Maison Fabre undertakes to ship Your Order as soon as possible after completion of the Transaction.
At the time of delivery of Products, You are responsible for immediately verifying that the packaging is intact and has not been altered in any way whatsoever. Should the packaging be damaged, you shall be responsible for taking detailed pictures of the box and of the Products, for immediately reporting the alleged damage to the carrier in charge of delivery (the “Carrier”) by expressly reserving Your rights upon delivery of the Products and for informing our Customer Service within three days.
In case of express reservation of your rights under the conditions mentioned in the previous paragraph, with the Carrier and / or our Customer Service, an investigation will be opened with the Carrier and a reply will be sent to you within seven business days.
In the absence of such express reservation of your rights, delivery shall be considered as accepted by you and no dispute on the packaging shall be validly brought afterwards.
All Orders placed on the Site are sent with their original box and accessories, and carefully packed.
Maison Fabre offers you a free gift wrap with each order. You may choose this option and the style of gift wrapping at the time of checkout.
If the Products are offered as a gift to a third person, you may add a personal message to the Order. This personal message will be printed on a dedicated note card. This option may only be selected at the end of the Order process. You are solely responsible for the content of the message. You will be asked to select this option and your choice of wrapping paper style at the end of Your Order.
13.1 State of the product returned
Maison Fabre may accept unused Products in their original condition and proceed to a refund if the original purchase receipt and its return authorization number are sent with the Product.
Maison Fabre will not accept any return of Products that appear to have been used or have been damaged.
In particular, the red outsole of the shoes is fragile and shall remain unmarked and in its original condition. You shall try the shoes only on a clean and carpeted surface and with the warning sticker in place on the red outsole until you are certain to keep them. Maison Fabre reserves the right to refuse the return of the Products or to accept it by deducing the handling and repair costs, if the Products have been returned with an apparently damaged outsole.
In particular, lambskin is easily marked, in order to return items they must not be marked and must be in its original state. You should therefore try gloves at home away from moisture until you are sure you want to keep them. If you return them in a damaged condition, Maison Fabre reserves the right to refuse their return or to accept it but deducti
13.2 Return requests
Within fourteen (14) days from receipt of Your Order, you shall inform Maison Fabre that you wish to return the Product(s).
To do so, you can:
- either organize the collection of your parcel on the website in the" My account" section (or via the tab "Return" at the bottom right of the screen if you checked out as a guest)
- or contact the Customer Service at +33 (0)1 42 60 75 88 in order to receive its authorization number, a preprinted label by email. You then have fourteen (14) days to return the products.
Online Orders cannot be returned in any of Maison Fabre’s boutiques.
13.3 Return conditions
You will not bear the return shipping costs if you follow the return instructions included in the delivery box (only for return from France Metropolitaine and amounts equal or higher than 250€).
- You must return the Product in its original parcel and original box, with all related accessories included when you opened the parcel. If not, you may incur the payment of a fee.
- Please print the e-mail with the return authorization number and carrier label.
- Place the original box(es), the return authorization email and the original purchase invoice in the shipping parcel.
- Please close properly the shipping parcel, and take it to the nearest Post Office location.
You may also organize the return with the courier of your choice, under your responsibility, within fourteen (14) days of informing the Client Service. In addition, you agree to take particular care when packing the Product to be returned. If the returned Product has been damaged due to improper packaging, Maison Fabre reserves the right to refuse its return or to accept it with a partial refund only (price reduced with repair costs)
- For customers outside of France, we invite you to contact your local Post Office and forwarder to organize the return with the courier of your choice, under your responsibility, within fourteen (14) days of informing the Client Service. .
Following receipt of Your Products in return, and provided that the return conditions are met, Maison Fabre shall notify you by email that the total or partial refund of your Order is being processed. A credit shall then be issued in the same form as the original payment.
Depending on Your financial institution, the refund may take up to 10 (ten) working days after Maison Fabre has sent you the confirmation of the return.
Maison Fabre undertakes to ensure that high quality standards are continuously met in the manufacturing of all products. Every product is quality controlled before being shipped.
However, if Your Product shows any defect, please contact the Customer Service immediately, and no later than five (5) days from the date of delivery, at the following email address: [email protected]
In such case, you must indicate in your email the alleged defect and join every supporting document (detailed photos of the Product, purchase date, number of the Order, etc.).
After considering these elements, Maison Fabre reserves its right to recover the product to conduct a physical investigation.
In case of a recognized defect, Maison Fabre undertakes to either replace the defective product to the extent of available stock, or to either partially or fully refund the purchase price to you, depending on the nature of the defect.
Maison Fabre reserves the right to refuse to follow up on a late claim, a claim relating to a defect for which you are responsible, or which derives from the nature of the Product (certain Products might have some uneven parts and/or irregularities which are parts of the manufacturing process or correspond to the material used).
15. LIMITATION OF LIABILITY
Subject to possible liability arising from a defect as defined supra, Maison Fabre shall only be liable for damages resulting from gross negligence or willful misconduct, whether in connection with the conclusion or performance of the Transaction or in connection with your use of the site.
16. PRODUCTS' CARE
Lambskin is likely to become damaged, when the gloves are used through time. This is not a glove manufacturing defect, but the patina of normal wear. Embroidery and, tattoos or custom lettering of fine gold are particularly fragile.
Maison Fabre strongly recommends that you consult a professional in leather care or a cobbler for specific care advice.
In order to keep Your Products in good condition, it is recommended to follow a general leather care as follows:
Keep the leather area clean and dry using a dry soft cloth;
Always store Your Products away from light and heat;
Protect Your leather good from rain and moisture;
Store Your Products in the Maison Fabre box provided to you when you are not using them;
Avoid contact with abrasive surfaces.
The size information is included with the description of each Product. Maison Fabre provides the informative chart below to help you find the perfect size.
IF you have additional questions, please contact the Customer Service by sending an email to [email protected] or +33 (0)1 42 60 75 88
18. GUARANTEE OF AUTHENTICITY
Maison Fabre sells its quality Products through the Site www.maisonfabre.com, its stores and authorized resellers.
Maison Fabre cannot warrant that the goods purchased from other sources will not be counterfeit, tampered with, second-hand or from dubious origins.
19. ERRORS AND INACCURACIES
Maison Fabre’s purpose is to provide you with comprehensive, accurate and up-to-date information on the site. It is unfortunately not possible to warrant that a website is entirely free from human or technological errors. This site may contain typographical errors, inaccuracies or omissions, some of which may be linked to the price, availability, or information on Products. Maison Fabre reserves the right to correct such errors, inaccuracies or omissions, even after an order has been submitted, and to modify or update the information at any time without prior notice.
20. SECURITY OF ELECTRONIC DATA TRANSFER
Maison Fabre undertakes to maintain at all times the highest standards of security. Not only the Site does use SSL (Secure Socket Layer) encryption, but it is also reinforced with all of the various existing encryption processes in order to provide the most effective protection possible for all sensitive payment information. Maison Fabre does not have any access to confidential information about the means of payment. Indeed, only its banking partner has access to confidential information (card number, validity date, secret code) and these pieces of information cannot be reached by any other third party.”
Maison Fabre cares about your privacy
Maison Fabre agrees to only use the confidential information of its Customers in the case of operation of its website.
In order to effectuate the successful processing of an order, the nominative data collected will be subject to a data processing, of which You acknowledge having knowledge.
As such, the information may be disclosed to the technical providers of Maison Fabre.
Moreover, Maison Fabre is able to apply technical means in order to obtain non-personal information about users in order to improve the functionality of the site, for example by plotting the number of visitors to certain pages.
According to the law of 6 January 1978 amended by the Act of 6 August 2004, You have a right to access and correct personal data in the files of Maison Fabre.
All requests must be sent by email to: [email protected]
This computer processing has been declared to the Commission Nationale Informatique et Libertés (CNIL) that issued the receipt No. 2179561 on 03 May 2018.
22. GOVERNING LAW AND JURISDICTION
Any contract concluded with Maison Fabre is subject to French laws, without any application of their conflict of laws rules.
Any dispute arising directly or indirectly from the conclusion, interpretation or execution of a contract with Maison Fabre, in accordance with these GCS, must be submitted to the exclusive jurisdiction of the court of Rodez, France.