GENERAL TERMS AND CONDITIONS OF SALE

PREAMBLE

The present General Terms and Conditions of Sale are concluded between on the one hand, the company MAISON ANNE CARMINATI SAS, holder of the domain name maisonannecarminati.com, with a share capital of 2,000 euros registered with the Registre du Commerce et des Sociétés de Paris (the Paris Trade and Companies Register) (Registration number 847 603 248) – NAF 7410Z – SIRET 847 603 248 000 18 – Intra-Community identification number / VAT Identification FR55 84760 3248, whose registered office is located in France, at 21 rue du Vieux Colombier 75006 Paris, publisher of the website www.maisonannecarminati.com, and hereinafter referred to as “MAISON ANNE CARMINATI” on the other hand, any natural or legal person visiting, making a purchase on the Site www.maisonannecarminati.com and hereinafter referred to as “the Customer”.

DEFINITIONS

• Website: The present commercial website, accessible at www.maisonannecarminati/eu.com that sells decorative items (e.g., cushions, linen and throws) online to individuals.
• User: Any natural or legal person or internet user who uses the Website or connects to the Website.
• Client: Any User who has created an account on the MAISON ANNE CARMINATI Website.
• MAISON ANNE CARMINATI: The MAISON ANNE CARMINATI company.
• Personal Data or Information: Any data or information that the User or Client voluntarily provides when they register a Personal Account on the Website and/or any data or information that is collected as a result of a User and/or Client accessing and/or using the Website.
• Order Confirmation and Check-Out: By validating an order and using the Website, the Client is indicating their full acceptance of and their agreement to be bound by the General Terms and Conditions of Sale set out on this Website.

PURPOSE

These General Terms and Conditions of Sale govern the contractual relations between MAISON ANNE CARMINATI and the Client and are applicable to all orders made on the Website.

ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE

The Client declares that they have read and understood the General Terms and Conditions of Sale.
All sales and orders of items offered by MAISON ANNE CARMINATI are subject to the acceptance of these General Terms and Conditions of Sale. By placing an order on the Website, the Client is indicating that they fully accept the General Terms and Conditions of Sale.

In this respect, the Client is entitled to access, download, save and reproduce these General Terms and Conditions of Sale.
The contract of sale for an item or items purchased on the Website consists of the General Terms and Conditions of Sale in force at the time the order was placed and purchased.

The Client acknowledges that they are fully aware that their agreement to the content set out in the General Terms and Conditions of Sale does not require the handwritten signature of this document, but results by their proceeding to finalising the order.

Following the reading of these General Terms and Conditions of Sale, a positive double click indicates the Client’s acceptance of these General Terms and Conditions of Sale and constitutes proof that the Client has read and fully accepts the provisions set out in the General Terms and Conditions of Sale.

These General Terms and Conditions of Sale will prevail over any other general or special condition not expressly agreed to by MAISON ANNE CARMINATI. MAISON ANNE CARMINATI’s failure at any time to enforce any one of the provisions of these General Terms and Conditions of Sale shall not in any case be construed as a waiver of its right to subsequently enforce a provision.
MAISON ANNE CARMINATI reserves the right to amend or modify the General Terms and Conditions of Sale at any time. In such circumstances, the General Terms and Conditions of Sale applicable to an order will be those published online when a Client places that order.

CAPACITY

The purchase of products commercialised by MAISON ANNE CARMINATI does not constitute an act of daily life within the meaning of Article 1146 of the French Civil Code. Thus, the Client declares that they have the capacity to enter into contracts in accordance with the following conditions: that they are of legal age or an emancipated minor and are not ‘protected’ within the meaning of Article 488 of the French Civil Code.

PRODUCTS OFFERED FOR SALE ONLINE

The products offered for online sale are those presented on the Website. Using descriptions and photographs, MAISON ANNE CARMINATI has made every effort to describe and display the products on its Website as accurately as possible. However, despite great care being taken, the Client should be informed that MAISON ANNE CARMINATI cannot guarantee the complete accuracy between the products and the photographs of the products, especially in relation to colours. Differences may arise for a variety of reasons, including issues related to the colour quality of photographs, difficulties related to displaying colours and textures on monitors and issues related to technical adaptions. Under no circumstances, will these differences be deemed as defects that can give rise to the cancellation of a sale for which MAISON ANNE CARMINATI is liable.

The placement of any order implies an express and irrevocable acceptance of the product descriptions. This email is your order confirmation and order acceptance from MAISON ANNE CARMINATI.

MAISON ANNE CARMINATI will not be liable should a delivery fail because the conditions of access to the Client’s property made it impossible to deliver the items ordered.

UNAVAILABILITY OF A PRODUCT

The products offered and the prices displayed on the Website are valid as long as they appear on the Website and while stocks last. If, exceptionally, a product is ordered that is not available, MAISON ANNE CARMINATI will contact the Client as soon as possible by email or telephone to inform them of the situation. The Client can elect to confirm their order by accepting an extended delivery period or can elect to be fully reimbursed for the price they were invoiced.
MAISON ANNE CARMINATI will not be liable for any product unavailability.

PRICES

The prices of the products offered for sale on the Website are in Euros, are inclusive of VAT and are only valid on the Website. These prices do not include any delivery charges, which will be provided for each order before check-out. MAISON ANNE CARMINATI reserves the right to modify the prices of the products at any time and may do so without giving notice to the Client. The products will be invoiced based on the prices in force at the time at which the order is placed. The prices are inclusive of VAT (Value Added Tax) for products delivered within the European Union. Items subject to VAT are subject to French VAT. Any change in the legal rates of French VAT will be reflected in the price of the products and services presented on the Site, on the date stipulated by the application decree referring to it.

The placement of any order implies an express and irrevocable acceptance of the product prices.

For international shipments outside of the European zone, except the United Kingdom, prices are mentioned in the Website in Euros. Prices includes VAT but excluded any customs duties and other taxes. Customs duties must be paid by the Client. To receive an international shipping quote please email customercare@maisonannecarminati.com. with the items and quantities you’d like to purchase as well as your exact address.
Please be aware international orders generally take 6-12 business days. All international sales are final. Maison Anne Carminati is not responsible for import fees, taxes, VATS or any other custom fees should your package be processed by customs.

ORDERS

The order is not definitively confirmed until the Client has validated their agreement to make the payment and the bank has accepted and confirmed the transaction. A summary of the Client’s order is then available in printable format.

Once an order has been placed, an order confirmation email will be sent to the Client summarising the order (e.g., the order number, a list of the products ordered and their prices). Please have the references of this email available for all correspondence. If you do not receive this confirmation email, please contact customercare@maisonannecarminati.com.

All of the data provided by the Client during the order process and the order confirmation email are proof of the transaction. MAISON ANNE CARMINATI reserves the right to refuse any order from any Client with whom there is a dispute over the payment of a previous order for as long as this dispute is not resolved.

If you wish to make changes to your order, change the delivery address or add products, please contact us by email at customercare@maisonannecarminati.com.

PAYMENT

MAISON ANNE CARMINATI accepts the following methods of payment on the Website: credit cards: ‘Carte Bleue classique’, Visa and MasterCard, American Express). If the payment is refused by the authorization center, we will not be able to proceed with the shipment of the order.

SECURE PAYMENT PROCESS

Your payment and personal information is always safe. Our SSL/HTTPS software is the industry standard and among the best software available today for secure commerce transactions. All the submitted information is coded and signed; it cannot be intercepted nor read by a third party. Our system, operated by Stripe does not store credit card numbers after payment transactions have been done.

INVOICE

Each invoice is available on the Website and is accessible under “Order History”.

DELIVERY

Our products are made in France. We are working with small ateliers who only produce on a small scale to meet the highest of expectations. Our collections are made to order and in limited edition.
This means that our products are not available for immediate shipment and do have a wait associated with them. Our ateliers take up to 8 weeks to make your product depending on the intricacies of the design.

If you’d like an update on the progress on your order, you can log into your account on our website or email customercare@maisonannecarminati.com.

MAISON ANNE CARMINATI delivers within Europe and internationally. The products will be sent to the delivery address specified by the Client at the time of ordering. Delivery costs are calculated according to the weight and volume of the products ordered and the country of destination. UPS Express or DHL Express ensure the delivery of orders. Orders are delivered directly to the delivery address specified by the Client. A signature is required upon receipt. In case of absence or inability to deliver an order, a delivery notice will be left detailing the date of the attempted delivery and the address of the post office from which the parcel can be collected (proof of identity will be required).

The Client can track their parcel by connecting to the DHL or UPS websites and using the number detailed on the delivery notice.

The Client will be sent an email once their order has been dispatched.

For international shipments, prices are mentioned in the Website in Euros. Prices includes VAT but excluded any customs duties and other taxes. Customs duties must be paid by the Client.

Delivery is free for purchases of more or equal 3,000 €.

CANCELLATIONS AND RETURNS

If the Client is not entirely satisfied with the items(s) ordered, they have the right to return the item(s) within 14 clear days of the date the order is delivered. As stated in Article L121-20-12 of the French Consumer Code, if the 14-day period expires on a Saturday, a Sunday, a public holiday or a non-working day, it is extended until the next working day.
The Client must complete the return form provided in the parcel, indicating the item(s) that they wish to return.
If you wish to cancel your order placed online or by telephone, please contact our MAISON ANNE CARMINATI Customer Care Team by forwarding your acknowledgement email to us at customercare@maisonannecarminati.com stating your intention to cancel the order or by writing to:
MAISON ANNE CARMINATI
21 rue du Vieux Colombier 75006 Paris, France

The Item(s) should be returned to the following address:
MAISON ANNE CARMINATI , 21 rue du Vieux Colombier, 75006 Paris, France

If you would like to cancel or amend your order or have any further questions about our cancellations policy, please contact our Maison Anne Carminati Customer Care Team by email at customercare@maisonannecarminati.com.

The return of the product(s) shall be made in their original packaging, intact, and must not have been worn, used, washed and / or entrusted to a cleaning service, retouched or damaged. Returned products must be accompanied by all possible accessories and documentation, in perfect condition for resale, with the indication of the order number to which the products relate. The product will have to be returned in a packaging provided for this purpose, not allowing the identification of the product (postal parcel, bubble envelope, kraft paper,…). Any product that is damaged, incomplete, missing or whose original packaging has been damaged will not be refunded or exchanged and will be returned to the Customer. Maison Anne Carminati recommends that the Customer returns his products with a recommendation or additional insurance guaranteeing, if necessary, compensation for products up to their actual market value in case of spoliation or loss of the package(s).

The costs or return are to be borne by the customer.

In the case of a cancellation, the Client has 14 days to return the product(s) purchased.

In accordance with the provisions of Article L121-21-4 of the Consumer Code, in the case of a return, accepted by MAISON ANNE CARMINATI, the Client will be reimbursed within a maximum of 14 days from the day on which MAISON ANNE CARMINATI receives the products(s) and confirms that they comply with the relevant provisions for return.

Exclusion: in accordance with Article L221-28 of the Consumer code, The customer has no right of withdrawal regarding: products made to customer specifications or personalised.

TRANSFER OF OWNERSHIP /TRANSFER OF RISK

Regardless of the date of delivery of the product(s), the transfer of ownership of the product(s) to the Client will only occur once the Client has made full payment. However, the risks of loss or damage to the product(s) will only be transferred to the Client once the Client has received the product(s). In the event of loss or damage (e.g., a parcel that is damaged upon receipt or a parcel that has already been opened), it is the Client’s responsibility to undertake all the necessary steps to lodge a claim with the postal services.

GUARANTEE

MAISON ANNE CARMINATI undertakes to guarantee the quality of its products within the meaning of Articles L211-4 and following of the Consumer Code and to replace or refund any item found to have a latent defect (Articles 1641 and following of the French Civil Code).

To comply with an order, the product must correspond to the description given on the Website and possess the attributes described or the attributes that a purchaser could legitimately expect given the public statements made by the seller, the manufacturer or its representative, particularly in advertisements and labels.

In accordance with Article L211-11 of the French Consumer Code, if a lack of conformity is confirmed, the Client will be reimbursed the return costs after the product has been returned and the necessary invoices provided. Thus, the Client should keep all shipping receipts and invoices. If the Client fails to include their shipping invoice(s), the reimbursement will be made on the basis of the basic postal rates for sending a parcel.
The provisions of this Article do not prevent the Client from benefiting from the right of cancellation mentioned above.

LIABILITY

MAISON ANNE CARMINATI cannot be held liable for any of the damages or harm inherent in using the Internet network, particularly interruptions in service, external intrusions or the presence of computer viruses. MAISON ANNE CARMINATI assumes no responsibility for the content of websites that can be visited via hypertext link(s) contained on its own Website.

In addition, MAISON ANNE CARMINATI is exempt from all liability for any breach(es) of its contractual obligations in the event of force majeure or any unforeseen event. Force majeure consists of any event that occurs independently of MAISON ANNE CARMINATI and the Client, which has the effect of partially or totally preventing the performance of the contractual obligations. Force majeure events or unforeseen events refer to events, other than those which are normally accepted by case law, such as total or partial strikes (internal or external to MAISON ANNE CARMINATI), lockouts, epidemics, earthquakes, fires, storms, floods, water damage, the blocking of means of transport or supply, governmental or legal restrictions and the shutdown of electronic communications.

In the event of force majeure or an unforeseen event, MAISON ANNE CARMINATI agrees to inform the Client within 7 days of its occurrence. If the impediment continues for a period of more than 15 days, the Client may request the cancellation of their order.

INTELLECTUAL PROPERTY

All elements of the Website are and remain the intellectual and exclusive property of MAISON ANNE CARMINATI. The User is not authorised to reproduce, broadcast, distribute or use any elements of the Website, whether software, visual or audio for any reason whatsoever, even partially. The texts, images, drawings, layout and the graphic charter of the Website are protected by intellectual property law. It is strictly forbidden to copy, extract, circulate, broadcast, modify or adapt the content of the Website. The downloading and printing of text, images and graphical elements are authorised for private and non-commercial use only.

The reproduction of drawings, images, audio files, video sequences and texts in other publications (electronic or print) requires the prior written consent of MAISON ANNE CARMINATI. Any failure to obtain such authorisation will be treated and pursued as a case of intellectual property right infringement. The trademarks and logos on the Website are registered and protected. Any full or partial reproduction of these trademarks and/or logos made using elements of the Website without MAISON ANNE CARMINATI’s express consent constitutes an act of infringement punishable by Articles L335-2 and following of the Intellectual Property Code. The databases created by MAISON ANNE CARMINATI are protected by copyright law and the Law of 1 July 1998, which transposed the European Directive of 11 March 1996 on the legal protection of databases into the Intellectual Property Code. All extractions must be limited and made only for private use. Links (simple or hypertext) are strictly forbidden.

THE PROTECTION OF PERSONAL DATA AND REGISTRATION

Merely browsing the Website does not require registration or identification with MAISON ANNE CARMINATI. When registering a Personal Account on the Website, the User and/or Client accepts that MAISON ANNE CARMINATI will and authorises MAISON ANNE CARMINATI to process their Personal Data in accordance with MAISON ANNE CARMINATI’s Privacy Policy.

As part of the registration process, the User agrees to provide data that is true, accurate, current, complete and factual in all respects.

By registering for a MAISON ANNE CARMINATI ‘Personal Account’, the User and/or Client is agreeing to allow MAISON ANNE CARMINATI to collect and process their Personal Data, including their IP address(es).

The collection and processing of this information and Client’s Personal Data allows MAISON ANNE CARMINATI to process, fulfil, ship and deliver the Client’s order(s).

The Personal Data collected are intended solely for internal use by MAISON ANNE CARMINATI. The Client’s Personal Data will not be transmitted to third parties.

The Personal Data collected by MAISON ANNE CARMINATI from the Client when placing an order are required to manage the transaction and, for this purpose, may be communicated, in whole or in part, to third parties or any of MAISON ANNE CARMINATI’s service providers involved in the processing of orders.

In accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016, applicable from 25 May 2018, of the European Parliament and Council, the Client has the right at any time to access, rectify, modify, limit and delete their Personal Data and the right to the portability of their Personal Data. The Client can exercise these rights at any time by contacting ‘MAISON ANNE CARMINATI WEB’, which is responsible for the processing of Personal Data, as follows:
By mail to: MAISON ANNE CARMINATI, 21 rue du Vieux Colombier PARIS
By email to: contact@maisonannecarminati.com.

If the Client objects to their Personal Data being processed, the Client will not be able to place any order(s).
The Privacy Policy, which the Client accepts actively and without reservation when registering a Personal Account, governs the Personal Data communicated by the Client. MAISON ANNE CARMINATI once again invites the Client to read the Privacy Policy carefully.

DISPUTES
These General Terms and Conditions of Sale are subject to French Law. All disputes that cannot be settled by mutual agreement out of court, notwithstanding a plurality of defendants or a guaranteed appeal, fall under the exclusive jurisdiction of the courts of Paris, unless otherwise specified by public order.