Terms & conditions

Preamble

These Terms & Conditions (hereinafter referred to as "T&C") apply to all sales concluded between the jewelry house Margaret Mae, registered in the Paris Trade and Companies Register under number 931 307 573, with its headquarters located at 5 rue des Goncourt, 75011 Paris (hereinafter referred to as "the Seller") and any individual non-professional (hereinafter referred to as "the Customer") wishing to make a purchase via the website www.margaret-mae.com (hereinafter referred to as "the Website").

The Seller reserves the right to modify these T&C at any time. The applicable T&C are those in effect on the date of order confirmation by the Customer.

Article 1 - Purpose

These T&C define the rights and obligations of the parties regarding the online sale of jewelry and fine jewelry items (hereinafter referred to as "the Products") offered on the Website.

Article 2 - Products

The essential characteristics of the Products are presented on the Website. The photographs and descriptions of the Products are provided for information purposes only and are not contractually binding. The Seller undertakes to make every effort to ensure that the photographic representation of the Products on the Website is as accurate as possible to the actual Products.

Article 3 - Prices

The prices of the Products are listed in euros, inclusive of all taxes (VAT included) and excluding delivery charges. The total order price (including VAT and delivery charges) is displayed in the cart before the Customer confirms the order.
The Seller reserves the right to modify its prices at any time, it being understood that the price displayed on the Website at the time of order confirmation will be the only price applicable to the Customer.

Article 4 - Order

The Customer can place an order on the Website 24 hours a day, 7 days a week. To place an order, the Customer must follow these steps:
a) Select the desired Product(s) and add them to the cart.
b) Review the cart contents and modify the order if necessary.
c) Log in or create a customer account.
d) Choose the delivery address and delivery method.
e) Select the payment method and proceed with the payment.
f) Accept these T&C.
g) Confirm the order.

h)The Customer will receive an order confirmation email at the email address provided when creating the customer account.

Article 5 - Payment

Purchases are paid by credit card (Visa, Mastercard, American Express) or through a PayPal account. The debit of the credit card or PayPal account is processed at the time of order confirmation.

Article 6 - Delivery

The Products are delivered to the address indicated by the Customer when placing the order. Delivery times are provided for indicative purposes and may vary depending on the delivery method and the Products. The Seller undertakes to dispatch the Products within the timeframes indicated on the Website. In the event of a delivery delay exceeding 30 days, the Customer may request cancellation of the order and a refund. The transfer of risk occurs upon delivery of the Product to the Customer or to a third party designated by the Customer. The Seller shall not be held responsible for delays attributable to the carrier or to force majeure.

Article 7 - Right of withdrawal

In accordance with Articles L221-18 and following of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal. The Customer may exercise this right via: an online withdrawal process accessible on the Website; a withdrawal form; or any clear statement expressing their wish to withdraw, including by email.

The online process allows the Customer to submit their request by providing their order details and triggers an automatic confirmation email. The Products must be returned within 14 days following notification of withdrawal, in their original condition, unworn and complete.

The Customer is responsible for any depreciation of the Product resulting from handling beyond what is necessary to establish its nature, characteristics and proper functioning. Return shipping costs are borne by the Customer.

The refund is issued within 14 days from the notification of withdrawal. It may be deferred until the Products are received back or until proof of shipment has been provided.

Exceptions to the right of withdrawal

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to goods made to the Customer’s specifications or clearly personalized.

This includes in particular:

engraved or personalized jewellery;
custom-made creations;
items produced to order in a size chosen by the Customer where this requires dedicated production.

These Products are clearly identified on the product page prior to purchase.

Article 8 - Warranties

The Products sold by MARGARET MAE are covered by the statutory warranties provided for under Articles L217-4 to L217-14 of the French Consumer Code and Articles 1641 to 1648 of the French Civil Code, to the exclusion of any other warranties.

These statutory warranties apply independently of any commercial warranty.

• Statutory Warranty of Conformity (Articles L217-4 to L217-14 of the French Consumer Code)

MARGARET MAE shall deliver a Product that conforms to the contract and is free from any lack of conformity at the time of delivery. This means that the Product shall be fit for the purposes for which goods of the same type are normally used and shall possess the characteristics described at the time of sale.

MARGARET MAE shall also be liable for any lack of conformity resulting from the packaging, assembly instructions, or installation where installation was its responsibility under the contract or was carried out under its responsibility.

This statutory warranty shall apply only if you submit a claim within two (2) years from the date of delivery of the Product. Any lack of conformity that becomes apparent within twenty-four (24) months of delivery shall be presumed to have existed at the time of delivery, unless proven otherwise.

You may choose between repair and replacement of the Product, unless one of these remedies is impossible or would impose a manifestly disproportionate cost on MARGARET MAE, in which case MARGARET MAE may choose the alternative remedy.

In the event of a serious lack of conformity, you may either return the Product and obtain a full refund of the purchase price, or retain the Product and receive a partial refund. Any repair, replacement, or refund shall be provided free of charge and shall not prevent you from claiming damages where you are entitled to do so.

• Statutory Warranty Against Hidden Defects (Articles 1641 to 1648 of the French Civil Code)

MARGARET MAE shall provide you with a Product free from hidden defects that would render it unfit for its intended use or so significantly impair its use that you would not have purchased it, or would have paid a lower price for it, had you been aware of such defects.

This statutory warranty shall apply only if you submit your claim within two (2) years from the date on which the hidden defect was discovered, and in any event no later than five (5) years from the date of purchase.

Where a hidden defect is established, you may choose either to return the Product and obtain a refund of the purchase price together with any costs incurred as a result of the sale, or to keep the Product and receive a partial refund of the purchase price.

In all cases, you are responsible for proving that the conditions required for the application of the statutory warranty have been met.

In the event of a lack of conformity or a hidden defect, you must return the Product(s) to MARGARET MAE after contacting our Customer Service Department.

Warranty Exclusions

The statutory warranties do not cover:

• damage resulting from improper use, inappropriate handling, or lack of maintenance;
• damage resulting from impact, dropping, snagging, or any external cause;
• normal wear and tear of the Product, including scratches, tarnishing, or deterioration resulting from the passage of time and normal use;
• any modification or repair carried out by an unauthorized third party.

Article 9 - Liability

The Seller shall not be held liable for any damages of any kind, whether material, immaterial or bodily, resulting from improper use of the Products sold on the Website.

Article 10 - Personal data

The Seller collects and processes the Customer’s personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable law. The Customer has the right to access, rectify, erase, restrict processing and object to the processing of their personal data. For more information, the Customer is invited to consult the Privacy Policy available on the Website.

Article 11 - Intellectual property

All elements of the Website (texts, images, logos, etc.) are the exclusive property of the Seller and are protected by intellectual property law. Any reproduction, representation, modification or adaptation, in whole or in part, is prohibited.

Article 12 - Governing law and disputes

In the event of a dispute, the Customer is invited to contact the Seller in order to seek an amicable resolution.

In accordance with the provisions of the French Consumer Code, the Customer may, free of charge, refer the matter to a consumer mediator. The Customer may also use the European Online Dispute Resolution (ODR) platform.

If no amicable settlement can be reached, the dispute shall be submitted to the competent French courts.

Pursuant to Ordinance No. 2015-1033 of 20 August 2015 and its implementing Decree No. 2015-1382 of 30 October 2015, any consumer dispute, subject to Article L612-2 of the French Consumer Code, may be resolved amicably through mediation before the CMAP – Centre de Médiation et d'Arbitrage de Paris.

To submit a dispute to the mediator, the Customer may:

(i) complete the online form available on the CMAP website (www.cmap.fr), under the section "You are: a consumer";

(ii) send the request by regular or registered mail to:

CMAP Médiation Consommation
39 avenue Franklin D. Roosevelt
75008 Paris
France

or

(iii) send an email to: consommation@cmap.fr.

Regardless of the method used to refer the matter to CMAP, your request should include the following information to ensure prompt processing: your postal address, email address and telephone number; the full name and address of MARGARET MAE; a brief description of the facts giving rise to the dispute; and evidence that you have first attempted to resolve the matter directly with MARGARET MAE.

Article 13 - Contact

For any questions related to these T&C, the Customer can contact the Seller by email at hello@margaret-mae.com or by phone at +33 7 68 52 14 48.

APPENDIX: MODEL WITHDRAWAL FORM

If you wish to exercise your right of withdrawal, in accordance with the conditions set out in Article 7, you may use the form below:

To:
MargaretMae.com France – Returns Department
5 Rue des Goncourt
75011 Paris
France

I hereby give notice that I withdraw from the contract of sale relating to the following Product(s):

• Product name(s) and reference number(s):
• Ordered on:
• Received on:
• Order number:

Name of the Customer who placed the order:

Address of the Customer who placed the order:

Customer's signature (only if this form is submitted on paper):

Date: