General terms and conditions of sale
These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are vendors, customers, merchants, and/or contributors of content.
SELLER'S IDENTITY
The seller is the company EARL LAINES DU MONT-BLANC, trading as MAISON PERRISSIN-FABERT. The seller will be referred to hereafter by its brand name, MAISON PERRISSIN-FABERT.
EARL with a capital of 27,500 euros
Whose head office is located at 1916 route du Béranger 74700 Sallanches
Registered with the Annecy Trade and Companies Register under number 978 889 913 00015
VAT number FR86 978 889 913
Telephone: +33 (0)6 09 01 52 57
Email: contact@maisonperrissinfabert.com
All orders placed on the website www.maisonperrissinfabert.com are subject to these terms and conditions of sale. These terms and conditions may be modified and updated; the terms and conditions applicable to a customer's order are those in effect on the date the order is placed. These terms and conditions of sale are governed by French law, except where otherwise required by mandatory provisions such as those arising from the Rome Convention on the Law Applicable to Contractual Obligations of June 19, 1980.
OBJECT
These general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") govern exclusively the sales made on the website www.maisonperrissinfabert.com (hereinafter the "Site") of products offered by the brand MAISON PERRISSIN-FABERT to buyers who are consumers (hereinafter the "Customer(s)" or the "Users") and specify the conditions of ordering, payment, delivery and handling of any returns of products ordered by Customers.
The General Terms and Conditions of Sale are made available to Customers on the website www.maisonperrissinfabert.com where they can be consulted directly.
The General Terms and Conditions of Sale are binding on the Customer who declares to have read and accepted them by ticking the box "I accept the General Terms and Conditions of Sale" before implementing the online ordering procedure.
MAISON PERRISSIN-FABERT reserves the right to modify its General Terms and Conditions of Sale at any time. In the event of a modification to the General Terms and Conditions of Sale, the applicable General Terms and Conditions of Sale are those in effect on the date the order is validated. It is therefore the Customer's responsibility to refer to them each time an order is validated.
The invalidity of a contractual clause does not render the General Terms and Conditions of Sale invalid.
The temporary or permanent non-application of one or more clauses of the General Terms and Conditions of Sale by MAISON PERRISSIN-FABERT shall not constitute a waiver by MAISON PERRISSIN-FABERT of the application of that or those clauses or of the other clauses of the General Terms and Conditions of Sale which shall continue to produce their effects.
THE CLIENT
The website customer must be a consumer, a natural person of legal age and capacity. When placing an order, the customer must complete an order form specifying certain mandatory fields in order for their product order to be processed by MAISON PERRISSIN-FABERT.
The information provided to MAISON PERRISSIN-FABERT for each order must be complete, accurate, and up-to-date. MAISON PERRISSIN-FABERT may, if necessary, request confirmation of this information and the customer's identity by any means.
Given the commercial policy described above, MAISON PERRISSIN-FABERT reserves the right not to follow up on orders from subjects who differ from the "Consumer" or on orders that do not comply with its commercial policy.
THE PRODUCTS
The essential characteristics of the products are presented on maisonperrissinfabert.com within each product description. The products sold are photographed and described as faithfully and accurately as possible. Errors or omissions are possible. Similarly, depending on the internet browser or screen used, the colors of the items may not correspond to the actual colors.
The products sold are those described and displayed on the website. Product offers are valid while supplies last, and MAISON PERRISSIN-FABERT reserves the right to modify these offers regularly. Any out-of-stock product will be indicated. However, product availability and delivery are only guaranteed upon receipt of an order confirmation email from maisonperrissinfabert.com.
THE ORDER
Placing an order on the website is subject to compliance with the procedure put in place by MAISON PERRISSIN-FABERT, which is embodied by a succession of different screen pages indicating the steps that the customer must absolutely follow to validate their order.
Before definitively validating their order, the customer will have the opportunity to check its details and total price, and to correct any errors, before confirming it to express their acceptance.
MAISON PERRISSIN-FABERT will also be entitled to refuse any order made by a customer with whom there is a dispute relating to the payment of a previous order, as well as any order that does not comply with these general terms and conditions of sale.
In these circumstances, MAISON PERRISSIN-FABERT will inform the customer by telephone or email. If the customer fails to correct any errors or discrepancies with these terms and conditions of sale with MAISON PERRISSIN-FABERT, MAISON PERRISSIN-FABERT reserves the right to refuse to process the order.
Orders are not subject to change due to their immediate execution and for technical reasons.
In the event of a website malfunction affecting orders, price display, or transactions, or if ordered products are out of stock, MAISON PERRISSIN-FABERT reserves the right to cancel online orders placed by customers. MAISON PERRISSIN-FABERT will inform the customer by email or telephone of the reason for the order cancellation.
PRICE AND PAYMENT TERMS
The prices displayed on the website are in euros. For all orders with a delivery address in France and other European Union countries, the prices charged in euros include all taxes (VAT). The prices charged to the customer are those in effect on the date of the order.
For customers residing outside the European Union and in French overseas departments and territories (DOM-TOM), please note that the prices displayed on the Website are exclusive of customs duties and delivery charges. MAISON PERRISSIN-FABERT ships orders with import fees payable by the customer. This means that import fees are not included in the prices shown online or on product pages. The customer will pay the freight forwarder, either upon importation of the product or at a later date, the total amount of fees related to customs duties and formalities, and import taxes applicable in the country where delivery is requested. Payment of these fees, which may be required for the entry of the ordered products into the delivery territory, is in no way the responsibility of MAISON PERRISSIN-FABERT.
Payment is made by credit card. The customer must be the cardholder. They access a dedicated space provided by a banking institution, which ensures the security and registration of the payment order. The customer is informed that, in order to combat online fraud, a check will be carried out with the relevant banking institutions and organizations. During the transaction, the cardholder is redirected to a page on their bank's website and enters information that the bank may verify. If, for any reason (chargeback, refusal by the issuing bank, etc.), the debiting of the amounts owed by the customer proves impossible, the order will not be registered by MAISON PERRISSIN-FABERT.
DELIVERY
When the customer places an order on the MAISON PERRISSIN-FABERT website, a confirmation email is sent to them indicating that the order has been received.
All items are shipped from our headquarters. An email confirming shipment and providing a tracking number will be sent to the customer as soon as the order is picked up by the carrier.
Delivery times vary depending on the delivery area. MAISON PERRISSIN-FABERT cannot be held responsible for any order delays due to customs clearance delays or payment processing issues. If an order is not received, the customer has 30 days from the shipping date to contact MAISON PERRISSIN-FABERT. After this period, a refund cannot be guaranteed.
The customer is solely responsible for any delivery failure due to a lack of information when placing the order.
MAISON PERRISSIN-FABERT and the carriers being separate and independent entities, MAISON PERRISSIN-FABERT cannot be held responsible for any delivery delay attributable to the carrier.
DELIVERY PROBLEMS
If the Customer notices any tampering or damage to their package, they have three days to notify MAISON PERRISSIN-FABERT. If the original packaging is damaged, torn, or open upon delivery, it is the Customer's responsibility to check the condition of the items in the presence of the delivery person and immediately note any issues on the delivery slip, or even refuse the package. MAISON PERRISSIN-FABERT cannot be held liable if the buyer fails to note any damage.
To obtain a refund or exchange (subject to availability), the buyer must inform MAISON PERRISSIN-FABERT of any issues by sending a message via the "Contact" section. They must describe the problem in detail (e.g., damaged or already opened package). The buyer may be asked to provide a photo of the damage by email.
CANCELLATION, RIGHT OF WITHDRAWAL AND RETURN PROCEDURES
CANCELATION
MAISON PERRISSIN-FABERT accepts cancellations for any reason before the order has been processed. After that, it is no longer possible to cancel an order, but it is possible to return the products.
You can also contact Customer Service using the website contact form or call Customer Service on +33 (0)6 09 01 52 57 (Available Monday to Friday from 10am to 6pm).
RIGHT OF WITHDRAWAL
The customer has a right of withdrawal which he may exercise, without having to justify reasons, within fourteen (14) clear days from the receipt of the products ordered.
When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
To simplify the exercise of the right of withdrawal, MAISON PERRISSIN-FABERT asks customers to notify them by any means. At this time, the customer can specify whether they want a refund or, in special cases, a credit note.
The customer will also have the option of contacting customer service by email: contact@maisonperrissinfabert.com or by phone at +33 (0)6 09 01 52 57 for any further information.
Products must be returned in perfect condition, complete (accessories, instructions, warranty, etc.), accompanied by the invoice and a note explaining the reason for the return, including the customer's contact details and their wish to receive a refund or a credit note, to the following address:
PERRISSIN-FABERT HOUSE
1916 Béranger Road
74700 Sallanches
Return shipping costs are the responsibility of the customer unless the product received is defective or does not conform to the order. Any customs fees associated with returning a product from a foreign country are also the responsibility of the customer.
- Clothing must be returned unworn, unwashed, undamaged, and with their original tags, in their original packaging. Accessories must be returned in and with their original boxes and inside a shipping box;
- If the product was delivered with a security tag, it must remain attached. If the tag is detached, the returned product does not comply with MAISON PERRISSIN-FABERT's return policy and will not be refunded;
Once the return has been received by MAISON PERRISSIN-FABERT and deemed compliant with MAISON PERRISSIN-FABERT's return policy, the refund will be issued to the original payment method. Refunds may take up to 14 days depending on the bank. Returned products are refunded excluding return shipping costs (which are the customer's responsibility).
EXCHANGES
An exchange follows the same procedure as a return. Thus, once a product is returned, it is refunded and it is up to the customer to place a new order for the desired product.
LEGAL GUARANTEES
Regardless of any commercial guarantee that may be granted by MAISON PERRISSIN-FABERT to the Customer, all products supplied by MAISON PERRISSIN-FABERT benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-13 of the Consumer Code and the legal guarantee against hidden defects provided for in Articles 1641 to 1648 of the Civil Code.
Under these guarantees, MAISON PERRISSIN-FABERT undertakes, at the Client's option, to refund or exchange defective products or products that do not correspond to their order.
Articles L. 211-4, L. 211-5, L.211-7, L. 211-12 and L.211-13 of the Consumer Code relating to the legal guarantee of conformity:
Article L211-4 of the Consumer Code:
"The seller is obligated to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision."
Article L211-5 of the Consumer Code:
"To be compliant with the contract, the goods must:"
1° Be fit for the purpose for which similar goods are normally used and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- to present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or possess the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-7 of the Consumer Code:
"Any lack of conformity which appears within six months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. The seller may contest this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity."
Article L211-12 of the Consumer Code:
"The action resulting from a lack of conformity is time-barred two years from the date of delivery of the goods."
Article L211-13 of the Consumer Code:
"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law."
Articles 1641 and 1648, paragraph 1 of the Civil Code relating to the legal guarantee against hidden defects:
Article 1641 of the Civil Code:
"The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which diminish that use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Article 1648, paragraph 1 of the Civil Code:
"The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect."
To benefit from the guarantee, the Customer must contact MAISON PERRISSIN-FABERT Customer Service by following these steps:
1. Have your order number and the reference of the item in question ready (this information is indicated on your purchase invoice);
2. Send the request for support to the MAISON PERRISSIN-FABERT Customer Service department by email to the following address:
contact@maisonperrissinfabert.com
To ensure prompt and high-quality processing of the warranty claim, the Customer will provide their contact details, order number and the reference of the item concerned, and will describe the problem encountered in as much detail as possible and, if possible, attach a photograph of the product defect to the email.
All our products benefit from:
- the legal guarantee of conformity
- the legal guarantee against hidden defects.
To be able to benefit from the product warranty, it is essential to keep the product purchase invoice.
The contractual guarantees do not cover:
- abnormal or improper use of the products. We therefore invite you to carefully consult the maintenance instructions;
- defects and their consequences related to use that does not conform to the intended purpose of the product;
- defects and their consequences related to any external cause.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
MAISON PERRISSIN-FABERT owns and holds all intellectual property rights to the Site and its content (such as text, graphics, logos, icons, images, audio recordings, digital downloads, data compilations, and software, including their presentation and compilation). The rights to the Site and its Content are protected by international copyright law, as well as by all applicable national copyright and database laws. All such rights are reserved.
It is strictly forbidden to extract and/or reuse parts of the Site or the Content. In particular, it is not permitted, except with prior written consent, to use data processing, robots, or other data extraction and collection methods to extract (whether once or repeatedly) and reuse substantial parts of the Site.
PRIVACY POLICY
We use personal data in accordance with the MAISON PERRISSIN-FABERT Privacy Policy. Please take the time to read this document carefully, as it contains important information about how data is collected and used. By using the Site, you agree that your data will be used in accordance with our Privacy Policy and you guarantee that all the data you provide is accurate. In accordance with French Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, please note that the personal data collected from the Customer is necessary for processing their order. It may also be used for marketing purposes. The purposes of each processing activity are described next to the relevant processing activity. This data is intended for internal use by MAISON PERRISSIN-FABERT. This personal data may also be transmitted to third parties, partners of MAISON PERRISSIN-FABERT, unless the Customer has objected to this during the data collection process. The Client's personal data is retained only for the period strictly necessary to fulfill the purposes of each processing operation carried out by MAISON PERRISSIN-FABERT. The Client has the right to access, modify, and object to the processing of their data by contacting customer service via email at contact@maisonperrissinfabert.com
RESPONSIBILITY
MAISON PERRISSIN-FABERT cannot be held liable for non-performance or poor performance of the contract due to the Client's actions, an unforeseeable and insurmountable event caused by a third party to the contract, or a case of force majeure.
MAISON PERRISSIN-FABERT cannot be held responsible for any inconvenience and damage inherent in the use of the Internet network (service interruption, external intrusion, computer viruses, etc.).
MAISON PERRISSIN-FABERT may update or change the Site or its content at any time, but is under no obligation to do so. This means that any content on the Site may be outdated at any given time. The Site's content is provided for informational purposes only. It is not intended to be considered advice on which the customer should rely. To the extent permitted by law, MAISON PERRISSIN-FABERT excludes all conditions, warranties, representations, or other terms, express or implied, that may apply to the Site or its content.
MAISON PERRISSIN-FABERT cannot be held liable to any user for any loss or damage suffered, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with: (i) the use of, or inability to use, the Site; or (ii) the use of or reliance on any content displayed on the Site.
The Site is made available solely for domestic or personal use and, therefore, MAISON PERRISSIN-FABERT cannot be held liable for any loss of profits, loss of business, interruption of business, or loss of earnings.
MAISON PERRISSIN-FABERT cannot be held liable for any injury or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material, which may damage the computer equipment, computer programs, data or other materials belonging to the customer or the user of the Site resulting from their use of the Site or downloading content from the Site, or from any websites linked to it.
DISPUTE RESOLUTION AND APPLICABLE LAW
Sales concluded with MAISON PERRISSIN-FABERT via the website www.maisonperrissinfabert.com are subject to French law.
In the event of a dispute, an amicable solution will be sought before any legal action is taken. Failing that, all disputes arising from this contract, concerning its validity, interpretation, performance, termination, and their consequences, will be submitted to the competent court in accordance with the rules of jurisdiction under common law.
OTHER IMPORTANT INFORMATION
Autonomy of contractual provisions – Each section and paragraph of these General Terms and Conditions is autonomous. If a court or competent authority decides that any of them is illegal or unenforceable, the other paragraphs and sections will remain in full force and effect.
Waiver - If the customer or user of the Site violates these General Terms and Conditions and MAISON PERRISSIN-FABERT does not act, this does not mean that MAISON PERRISSIN-FABERT waives its rights against the customer or user and will still be entitled to take action.
For any information or questions regarding these Terms and Conditions, customer service is at your disposal:
- via the Contact section.
- by telephone: +33 (0)6 09 01 52 57
- by email to: contact@maisonperrissinfabert.com