Terms of Sales and Use

ARTICLE 1 – SCOPE OF APPLICATION

The present General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by the company LA MOEM (“the Seller”) with consumers and non-professional buyers (“the Customer”), wishing to acquire the products offered for sale by the Seller (“the Products”) on the website « www.maison-moem.com ».

They specify in particular the conditions of order, payment, delivery and management of the possible returns of the Products ordered by the Customers.

These General Terms and Conditions of Sale may be supplemented by special terms and conditions set forth on the website « www.maison-moem.com ».prior to any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the Internet site « www.maison-moem.com »and will prevail, if necessary, on any other version or any other contradictory document.

These General Conditions of Sale being able to be the subject of later modifications, the version applicable to the purchase of the Customer is that in force on the Internet site « www.maison-moem.com » at the date of placing of the order.

The modifications of these General Conditions of Sale are opposable to the users of the Internet site « www.maison-moem.com » as from their setting on line and cannot apply to the transactions concluded before.

ARTICLE 2 – PRODUCTS OFFERED FOR SALE

The Products offered for sale on the website « www.maison-moem.com » are the following:

Products of luxury ready-to-wear and haute couture for women

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website « www.maison-moem.com ».

The Customer is required to read them before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Internet site « www.maison-moem.com » are not contractual and could not engage the responsibility for the Salesman.

The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract.

The contractual information is presented in French and is confirmed at the latest when the Customer validates the order.

ARTICLE 3 – VALIDITY PERIOD OF THE PRODUCT OFFER

Product offers are subject to availability, as specified when the order is placed.

ARTICLE 4 – SELLER’S CONTACT DETAILS

LA MOEM, a one-person simplified joint stock company

Having its head office at 6 Avenue Alphand 75016 Paris

Having for President, Mrs Mona Irem SAPKUR

(+33) 06.81.85.36.48 « service-client@maison-moem.com »

In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by mail and proving his identity, to the address of the Seller, mentioned above.

ARTICLE 5 – ORDERS

5.1 Placement of the order

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website « www.maison-moem.com ».

It is the Customer’s responsibility to select on the website « www.maison-moem.com » the Products he/she wishes to order, according to the following procedure: The Customer must create an account on the website « www.maison-moem.com » using the account creation section accessible directly from the side menu bar.

At each visit, the Customer, if he wishes to order or consult his account (status of orders, profile…), will have to identify himself using this information.

The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance. It is the Customer’s responsibility to verify the accuracy of the order and to report or correct any errors immediately.

The registration of an order on the website « www.maison-moem.com » is made when the Customer accepts the present General Conditions of Sale by checking the box provided for this purpose and validates his order.

This validation implies the acceptance without restriction nor reserve of the entirety of the present general conditions of sale as well as the general conditions of use of the Internet site « www.maison-moem.com ».

The sale is final only after the sending to the Customer of the confirmation of the acceptance of the order by the Salesman by electronic mail which must be sent without delay and after cashing by this one of the integrality of the selling price.

Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the Internet site « www.maison-moem.com » constitutes the formation of a contract concluded at a distance between the Customer and the Vendor.

In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.

The Customer may follow the progress of his order on the website « www.maison-moem.com ».

5.2 Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

5.3 Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or in the event of force majeure.

ARTICLE 6 – PRICES

The Products are supplied at the prices in force appearing on the Internet site « www.maison-moem.com » at the time of the recording of the order by the Salesman.

The prices are expressed in Euros, exclusive of tax and VAT.

The prices take into account possible reductions which would be granted by the Salesman on the Internet site « www.maison-moem.com ».

These prices are firm and non-revisable during their period of validity such as indicated on the Internet site « www.maison-moem.com », the Seller reserving the right, except this period of validity, to modify the prices at any time.

They do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the website « www.maison-moem.com » and calculated prior to placing the order.

In this respect, it is specified that all shipments will be made by DHL Express.

In Metropolitan France, for any order equal to or higher than 1500 euros including VAT, shipping costs are offered by STANDARD shipment; for any order lower than 1500 euros including VAT, a fixed price for shipping costs will be invoiced to the Customer when validating his order.

ARTICLE 7 – PAYMENT CONDITIONS

The company LA MOEM offers the Customer to order and pay for its products through a secure online payment system by credit card via “PAYPAL” or by the payment gateway “WooCommerce”.

The Customer selects the products he wishes to order in the “shopping cart”, modifies if necessary (quantities, references…), before checking the delivery address or filling in a new one. Then, the shipping costs are calculated and submitted to the Customer, as well as the name of the carrier.

Then, the Customer chooses the payment method of his choice: “Payment by PAYPAL” or by the payment gateway “WooCommerce”.

The next step offers to verify all information, read and accept these terms and conditions of sale by checking the corresponding box, then invites him to validate his order by clicking on the button “Confirm my order”.

Finally, the Customer is either redirected to the PAYPAL secure interface in order to safely enter his PAYPAL account details or invited to enter his personal credit card details.

If the payment is accepted, the order is recorded and the contract is definitively formed. The payment by PAYPAL account or by credit card is irrevocable. In the event of fraudulent use of the card, the Customer may demand the cancellation of the payment by card, and the sums paid will then be credited back or refunded. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card.

To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract binding him or her to the bank so provides.

The amounts debited will be reimbursed by the bank within a maximum of one month after receipt of the Cardholder’s written objection. The holder will not be charged for the return of the sums.

Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of having full knowledge of them and waiver of the right to invoke one’s own conditions of purchase. All the data provided and the recorded confirmation will be considered as proof of the transaction.

If the Customer has an e-mail address and if he/she has provided it on the order form, LA MOEM will send him/her an e-mail confirming the registration of his/her order.

ARTICLE 8 – DELIVERIES

Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area.

Orders are made by DHL Express, a delivery service with tracking, and delivery with signature.

Delivery times are given as an indication only; except in cases of force majeure, if they exceed thirty days from the date of the order, the sales contract may be terminated and the Customer reimbursed upon receipt by the Seller of the products ordered by the Customer in perfect condition.

LA MOEM may provide the Customer with the tracking number of his package by email. The Customer is delivered to his home by his letter carrier. If the Customer is absent, he will receive a notice of passage from the DHL carrier, which allows him to collect the products ordered at the nearest relay point or at the local DHL agency, during a period indicated by the DHL services.

The risks related to the transport are at the Customer’s charge from the moment the items leave the premises of LA MOEM. The Customer is required to check the condition of the packaging and the contents of the goods upon delivery in the presence of the delivery person. In case of damage during transport, any protest must be made to the carrier within three days of delivery.

ARTICLE 9 – RIGHT OF WITHDRAWAL

In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within seven days of the notification to the Vendor of the Customer’s decision to withdraw. The right of withdrawal does not apply to the sale made on a professional basis, or for the needs of a professional activity.

For that, the Customer will have to connect directly on his customer account from the site « www.maison-moem.com » to inform the Seller of the exercise of his right of withdrawal.

The return costs are free of charge for all orders over 1500 euros including VAT, within the limit of one return per order.

Once informed, the Seller will send the Customer a prepaid label when the return costs are paid by the Seller, allowing him to return the Product(s). For orders under 1500 euros (including VAT) or more than one return per order for orders over 1500 euros (including VAT), the Customer shall pay the return costs and shall organize the return on the website « MyDHL Express » or any other service of his choice. The Products returned must be in their original condition and complete (packaging, accessories, instructions…) allowing them to be put back on the market as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not accepted.

In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased, and the related delivery costs, provided that all of the products in the order have been withdrawn, will be reimbursed.

In case of return of a part of the products of a multiple order, the delivery costs refunded to the Customer will be limited in proportion to the value, compared to the initial order, of the product(s) returned to the Seller.

Finally, for orders below 1500 euros TTC or more than one return per order for orders above 1500 euros TTC, the return costs remain at the expense of the Customer.

The reimbursement will be made within 7 days of the receipt by the Seller of the returned product(s).

More information on our « Return and Refund Policy ».

ARTICLE 10 – SELLER’S LIABILITY – GUARANTEE

The Products sold on the website « www.maison-moem.com » comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit by right and without additional payment, independently of the right of retraction, in accordance with the legal provisions :

• the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order;
• the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use;

under the conditions and according to the methods mentioned in the box below and defined in the appendix to these General Terms of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

In order to assert his rights, the Customer must inform the Seller, in writing from his customer account on the site « www.maison-moem.com », of the non-conformity of the Products within a maximum of 7 days from the delivery of the Products or the discovery of the hidden defects within the above-mentioned time limits and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions…).

The Seller will refund, replace or repair the Products or parts under warranty deemed non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.

Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within 7 days of the Seller’s finding of the non-conformity or hidden defect.

Refunds shall be made by crediting the Customer’s bank account or by bank check sent to the Customer.

The Seller shall not be held liable in the following cases :

• non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check;
• in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.

The Seller’s warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 11 – PROTECTION OF PERSONAL DATA

Pursuant to Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of the order and the preparation of invoices, in particular.

This data may be communicated to any of the Seller’s partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the website « www.maison-moem.com » meets the legal requirements in terms of protection of personal data, the information system used ensuring optimal protection of such data.

The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.

This right can be exercised under the conditions and according to the methods defined on the website « www.maison-moem.com ».

ARTICLE 12 – INTELLECTUAL PROPERTY

The content of the website « www.maison-moem.com » is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

ARTICLE 13 – REVISION

In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.

ARTICLE 14 – FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.

ARTICLE 15 – APPLICABLE LAW – LANGUAGE

The present General Terms and Conditions of Sale and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 16 – DISPUTES

All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

ARTICLE 17 – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The fact that a natural person (or legal entity) places an order on the Internet site « www.maison-moem.com » implies full acceptance of the present General Terms of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document that may be unenforceable against the Salesman.

APPENDICES

APPENDIX 1 – PROVISIONS RELATING TO LEGAL GUARANTEES

Article L217-4 of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

To be in conformity with the contract, the good must :

– be fit for the purpose usually expected of similar goods and, where appropriate :

• correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
• have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

– Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

APPENDIX 2 – WITHDRAWAL FORM

As a preliminary, the Vendor specifies that the Customer can exercise his retraction request directly on the Internet site « www.maison-moem.com » by filling in the form dedicated to this purpose.

In addition, the Customer may also withdraw by filling in the form below and returning it to the Vendor by post, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms of Sale.

“To the attention of

LA MOEM

29-31 Boulevard de la Muette

95140 GARGES LES GONESSE

I hereby notify the withdrawal from the contract concerning the order of the following services:

– Order of “Date

– Order number : …………………………………………………..

– Name of the Customer : …………………………………………………………………

– Customer’s address: ……………………………………………………………..

Customer’s signature (only in case of notification of this form on paper): … “