Terms of sale
These general conditions of sale concern the Maison Fauve online store accessible at the address www.maison-fauve.co.uk (hereinafter: the “Site”).
All the elements and products on this site are the property of Emilie Faurie and are protected by copyright and intellectual property IT IS STRICTLY PROHIBITED TO SELL CLOTHING FROM MAISON FAUVE PATTERNS.
The Site is an electronic commerce platform, which allows Internet users (hereinafter: the "Buyers") to acquire products as defined below.
The Site and the Products are intended exclusively for individuals and are not intended for professionals and are therefore subject to Articles 111-1 and following of the Consumer Code.
The Site is not intended to sell its Products to professionals.
The site does not allow purchase for resale.
By the mere fact of validating the order on the Site, the Buyer declares to have read, understood and accepted without reservation the terms of the said order as well as all of these general conditions of sale.
These general conditions of sale are systematically accessible on this Site by Buyers at the time of registration of the order and/or subscription to a subscription.
In accordance with the provisions of article 1369-1 of the Civil Code, these general conditions of sale may be kept by any person visiting the Site, by means of a computer recording and may also be reproduced by the Customer, by the medium of their impression.
Definitions
– Site: commercial site accessible from the French version of the website on which Maison Fauve offers the Products for sale.
– Buyer: Adult natural person who is a consumer acquiring one or more products, for his personal needs, through the website.
– User: Any person using the Site www.maison-fauve.co.uk or one of the services offered on it.
– Product: Property offered for sale on the website.
– Maison Fauve: company offering the Products for sale through the Site it operates, as identified below.
– Order: Buyer’s purchase order for one or more products through the Site.
– Party(ies): Buyer and/or Maison Fauve
– Sewing Patterns: A personalized kraft pouch containing:
a sewing pattern
an explanatory booklet which illustrates in images and in text the stages of manufacture of the garment and integrates the cutting plan of the garment;
Article 1: Object
The general conditions of sale exclusively govern the activity of selling products offered on the Site.
Article 2: Identity of the seller
The Site is edited and operated by Emilie Faurie for Maison Fauve SAS
Status: SAS (Simplified shareholder company)
Headquarters: 270 rue Thomas Edison 34400 Lunel FRANCE
Siret: 883 718 223 00018
VAT number: FR54883718223
Article 3: Legal capacity
Only persons legally capable of entering into contracts concerning the products offered for sale on the Site may place an Order on the Site.
When placing the Order, the Buyer guarantees to have full legal capacity to adhere to these general conditions of sale and thus conclude the sale.
Article 4: Acceptance of the general conditions of sale
The acceptance of the general conditions of sale takes place as soon as the validation of the Order is finalized by the "double click" process as described in article 12-2 of the general conditions of sale. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.
Article 5: Access to the service
The Site is accessible free of charge to any User.
The services of the Site are normally accessible to Users 7 days a week, 24 hours a day all year round except in the event of voluntary interruption, in particular for maintenance needs, or for any other reason beyond the control of Maison Fauve. In particular due to the operation of the Internet, the IT and network infrastructures necessary for the operation of the Site or force majeure.
Maison Fauve being in fact, by its activity, bound by an obligation of means, it cannot be held responsible for any prejudice whatever its nature, resulting from the unavailability of the Site.
Article 6: Obligation of pre-contractual information
Maison Fauve satisfies its pre-contractual duty of advice and information as it arises from article L121-18 of the Consumer Code and the articles to which it refers.
Maison Fauve undertakes to describe the essential characteristics of the products on its e-commerce site in order to comply with the provisions of article L.111-1 of the Consumer Code.
Article 7: Product description
The products governed by these General Conditions are those which appear on the Website and which are indicated as sold and shipped by Maison Fauve (the “Products”). They are offered within the limits of available stocks.
The essential characteristics of the Products are described and presented with the greatest possible accuracy on the product description sheet present on the Site.
It is specified that the photographs of the articles or their reproduction on any other medium which appear on the Site are only indicative, they are not contractual in nature and cannot engage the responsibility of Maison Fauve.
In the case of a Sewing Pattern, the latter is highlighted by means of a creation from this same pattern. This realisation, as faithful as possible, offers an example of look and material, but can in no way reflect what the customer can do with it according to their level of sewing, their tastes or their desires.
Maison Fauve can therefore in no way be held responsible for a difference between the visual of the creation resulting from the article ordered (the pattern) and the personal realization that the customer will make after use and manufacture.
Article 8 – Conditions of sale of products
The sale of the products is carried out only by the Site.
When ordering products, the Buyer must complete a form containing personal data concerning him.
The information provided to Maison Fauve must be accurate. The Buyer must ensure their accuracy and compliance when subscribing. In the event of communication of erroneous data, Maison Fauve cannot be held liable.
Article 9: Availability of products
The products are offered within the limits of available stocks. In case of unavailability of one of the products, the Buyer will be informed as soon as possible by email and/or by a mention on the site.
If the Order is completely unavailable after placing the Order, the Buyer will be notified by email and will be reimbursed in accordance with Article L.121-20-3 of the Consumer Code no later than thirty days from the date of the order. In this case Maison Fauve cannot be held responsible for any damage suffered by the Buyer, nor liable for any damages.
Article 10. Price of products for sale on the site
The prices are presented in Pound Sterling (£) including all taxes including VAT and excluding delivery costs which remain the responsibility of the Buyer unless otherwise specified or in special conditions.
The prices indicated take into account the VAT applicable on the day of the order.
Maison Fauve reserves the right to modify the prices of the Products presented on the Site. In any case, the Products will be invoiced to the Buyer on the basis of the prices in force at the time of the validation of the Order.
Article 11. : Orders
Placing the Order
Orders are placed in English and in £ (Pound Sterling).
Any order may be placed by the Buyer directly on the Site and entails a payment obligation.
For any order, the Buyer bears the cost of telecommunications when accessing the Internet and using the Site.
All the steps necessary for the Order are indicated on the Site.
When placing the Order, the Buyer agrees to provide the information requested and agrees to the veracity of the latter.
In the event of prolonged inactivity during the connection, it is possible that the selection of articles chosen before this inactivity is no longer guaranteed. The Buyer will be invited to resume their selection of products from the start.
In application of the provisions of article 1369-2 of the Civil Code, the Buyer will have the possibility, before definitively validating their Order, of returning to the previous pages and of correcting and modifying their Order and the information provided beforehand and before confirming that here to express acceptance.
Maison Fauve cannot be held responsible for errors of entry by the Buyer, nor for their possible consequences in terms of delay or error of delivery. In these cases, the costs incurred by a possible reshipment will be borne by the Buyer.
Order confirmation
Confirmation of the Order is made in accordance with the provisions of the Consumer Code according to the double-click process.
The double-click process consists of
– a first click to place the product in the basket;
– a second click to validate the basket after having checked the contents of the Order.
It is specified that the validation of the Order obliges the Buyer to pay immediately for his Order.
Once the Order has been validated by the Buyer by his "double click", an e-mail acknowledging receipt of the Order and containing all of this information, will then be sent to the Buyer as soon as possible and at the latest at the time of delivery.
The Buyer must therefore provide a valid email address when filling in the fields relating to his identity.
Any Order validated by the Buyer by the “double click” process (double validation) constitutes irrevocable acceptance which can only be challenged within the limits provided for in these general conditions of sale. In particular, any Order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale.
Maison Fauve reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Purchaser, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Product Website, including on the occasion of previous Orders.
Article 12. Payment
12.1 terms of payment
All Orders are payable in pounds sterling and payment for purchases is made online using a bank payment card.
The Buyer is debited for the full amount indicated on the Order summary on the day of his Order.
The Buyer guarantees to Maison Fauve that he is fully authorized to use the payment card for the payment of his Order and that these means of payment legally give access to sufficient funds to cover all the costs resulting from his Order on the Site. Maison Fauve cannot be held responsible for any fraudulent use of the means of payment used.
Maison Fauve reserves the right to suspend or cancel any Order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Buyer or in the event of payment incident.
12.2 accepted means of payment
The different payment methods accepted for payment of Orders on the Maison Fauve website are as follows:
– Payment by credit card (credit card, Visa, Mastercard).
– Payment by PAYPAL account.
12.3 Security of banking transactions
The data provided for payment methods by credit card are processed by paypal in a secure manner. Maison Fauve has no access to these bank details, and does not keep them on its servers: for this reason, these details are systematically requested during any new transaction on the Site.
12.4 Default of Payment
Maison Fauve reserves the right to refuse to make a delivery or to honor an Order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Article 13: Geographical area
The products and services are offered in mainland France, United Kingdom (England, Scotland, Wales and Northern Ireland) Ireland, Europe and internationally.
Article 14: Delivery
Excluding sales and Christmas periods, any order placed on the Maison Fauve website before 2 p.m. Monday to Friday (excluding public holidays) will be prepared and shipped within 72 hours, subject to payment validation. (see paragraph Validation of payment).
Maison Fauve undertakes to deliver the items ordered and paid for by the customer within the following deadlines:
United Kingdom and Ireland
FEDEX delivery International between 1 to 5 days depending on category of shipping option.
In France :
the purchase of one or more products will options to several shipping choices:
By Colissimo by La Poste: 48 to 72 hours from dispatch*, Monday to Saturday
At a relay point (Chrono Relais) by Chronopost: available at a relay point within 4 to 6 days of dispatch*, Monday to Saturday. The customer agrees to collect his order within the time indicated by the carrier (multiple messages are sent) in the event that the order is returned to Maison Fauve for non-collection on the part of the customer, the return of the products will be made to customer's charge
By EXPRESS Chronopost at home: delivery within 24 hours excluding weekends from dispatch*, Monday to Friday.
From a purchase of €95, delivery to a pick-up point (Chronopost Shop2shop service) is offered to all customers whose pick-up point is located in Metropolitan France.
In Switzerland, Belgium, Luxembourg and Spain:
delivery by international colissimo: between 4 and 5 days from dispatch*, Monday to Saturday
Internationally :
delivery by international colissimo: 7 to 30 days from the date of shipment depending on the geographical area, average time noted, from Monday to Saturday
* average time observed. Maison Fauve can in no way be held responsible for delays/incidents in delivery/loss inherent in the responsibility of the carrier chosen when ordering. In the event of a delivery incident, first contact the after-sales service of the selected carrier. If necessary, the Maison Fauve after-sales service will accompany you in your steps: service-client@maison-fauve.com
If the said articles have not been delivered within 30 days from the delivery date provided for when the order was placed, and if this delay is not due to a case of force majeure, the customer may proceed to resolution of the sale by sending a registered letter with acknowledgment of receipt to the following address:
Maison Fauve
270 rue Thomas Edison
34400, Lunel
France
The sums paid by the customer will then be fully refunded.
The customer has a period of 60 working days from the date of dispatch of the order to request the resolution of the sale and the reimbursement of the items on the grounds that they have not been delivered.
No delivery dispute will be accepted at the end of this period.
The customer is required to check the condition of the items delivered.
Any anomaly concerning the articles (damage, missing article compared to the order form, damaged or open package, broken article, defective, etc.) must be indicated within 3 days of delivery.
Any open, incomplete package, and/or any damaged item shall not be accepted by the Customer. The Customer will inform of the problem encountered within a maximum of 48 hours.
Maison Fauve informs its Buyers that these delivery times do not include Sundays or public holidays.
It is also specified that these deadlines may be extended by 2 days or more during the Christmas or promotional period.
The customer has the possibility to check the status of his Order on the "My account" section of the Site and to follow his package on the carrier's websites via the tracking number which will be communicated to them electronically following the success of their transaction.
Article 16. Customs charges
In the event of an Order to a country other than metropolitan France, the Customer is the official importer of the Product(s) concerned and as such must comply with all the laws and regulations of the country in which the Products are received. Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Client. Any additional costs of customs clearance will be borne by the Customer; the Seller has no control over these charges. Customs policies vary greatly from country to country, so it is the Customer's responsibility to contact the local customs department if necessary for more information.
Article 17: Right of withdrawal
In accordance with the applicable texts in force of the Consumer Code and in the context of distance selling, the Buyer has a withdrawal period of fourteen (14) clear days from the day after receipt of the order.
The notification of withdrawal must be made by post or by email to Maison Fauve at the address mentioned in article 1 of these General Conditions of Sale.
The Buyer's will to exercise his right of withdrawal must be unambiguous.
The Buyer does not have to provide a reason to exercise his right of withdrawal and will not suffer any penalty as a result of the exercise of this right.
The proof of the effective exercise of the right of withdrawal weighs on the Buyer.
The Buyer must return the product(s) without undue delay and at the latest within fourteen (14) days following the communication of its decision to withdraw.
The Buyer returning the product(s) within this period has the right to reimbursement of the price of the Product ordered and to reimbursement of the outward delivery costs based on the cost of a standard delivery, regardless of the delivery method selected by the Buyer when ordering.
The return costs will remain the responsibility of the Buyer.
Reimbursement of the price of the returned Product ordered corresponds to the price invoiced including outward delivery costs and will be made using the same means of payment as that used for payment within fourteen (14) days of receipt of the information of the Buyer of his decision to withdraw (Hammon law of June 14, 2015), Maison Fauve reserves the possibility of deferring the refund until the recovery of the product or proof of shipment of these products by the Buyer, the date chosen being that of the first of these events.
Limits to the right of withdrawal
Under no circumstances may the Buyer's use of the right of withdrawal be abusive.
In any case, any order returned incomplete and those including the explanatory notes, damaged, used, damaged, deteriorated, soiled or consumed even in part will not be refunded.
The responsibility of the Buyer may be engaged in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the contents of the products.
To establish the nature, characteristics and proper functioning of the products, the Buyer may only handle and inspect them in a manner that would also be permitted in the store. Therefore, the Buyer should handle the Sewing Pattern with all due care.
This does not apply to PDF patterns. These immediately usable digital products cannot be returned, so they cannot claim a refund or exchange under any circumstances.
The right of withdrawal also does not apply to fabric sold by the cut, as they are considered goods made to order.
Article 18: Liability
Maison Fauve cannot be held liable in the event that the non-performance or poor performance of the contract is attributable either to the consumer, in particular due to improper use of the products ordered, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.
Maison Fauve will not be held responsible for any non-performance or delay in the performance of any of its obligations under these general conditions of sale which is caused by events beyond its control and its will (case of force major).
A case of force majeure means any act, event, non-event, omission or accident beyond our control and our will, and in particular (without limitation) the following:
strikes, lockouts or other industrial action;
Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war;
fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster;
the impossibility of using railways, maritime transport, air transport, automobile transport or other means of public or private transport;
the impossibility of using public or private telecommunications networks, and
the laws, decrees, regulations or restrictions of any government.
These cases of force majeure suspend the Maison Fauve obligations, mentioned in these general conditions of sale, for the entire duration of their existence.
Similarly, Maison Fauve cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
Article 19: Legal guarantees
All Products for sale on the Site benefit from the legal guarantee of conformity (L.211-1 and following of the consumer code) and the guarantee against hidden defects (articles 1641 and following of the civil code), allowing the Buyer to return the defective or non-compliant Products delivered.
Article 20: Evidence
In all cases, the online provision of the bank card number and the final validation of the Order will be worth proof of the entirety of the said Order in accordance with article 1316 -1 of the Civil Code and will be worth payment of the sums incurred by the seizure of the Products appearing on the Order form.
This validation is equivalent to signature and express acceptance of all operations carried out on the Website. The computerized registers, kept in the computer systems of Maison Fauve and its partners under reasonable security conditions, will be considered as proof of communications, Orders and payments made between the Buyer and Maison Fauve.
The computerized registers, kept in the computer systems of Maison Fauve and its partners under reasonable security conditions, will be considered as proof of communications, Orders and payments made between the Parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.
Article 21: Personal data
The information and data collected by Maison Fauve during any Purchaser's Order are mandatory for the management of Orders, to ensure the personalization service and commercial relations between the Parties.
They can be transmitted to the companies which contribute to these relations such as those in charge of the execution of the services and Orders for their management, execution, delivery, treatment and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow Maison Fauve to improve and personalize the services offered and the information sent.
In accordance with the Data Protection Act, Buyers have the right to access, rectify and delete personal data concerning them. The Buyer must write to contact@maison-fauve.com, indicating the surnames, first names, e-mail address and customer reference in order to exercise these various rights.
Article 22: Intellectual property
All the elements published within the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology are protected by the provisions of the Code intellectual property and belong to Maison Fauve.
The Maison Fauve brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on the articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of Maison Fauve, with the exception of the rights held by suppliers and potential partners of Maison Fauve on the visuals of their Products, on their brands and logos presented on the Site.
Any total or partial reproduction, modification, imitation or use of these trademarks, illustrations, images and logos, videos, for any reason and on any medium whatsoever, without the express prior consent of Maison Fauve, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all patents, copyrights, designs and models, whether registered or not, which are the property of Maison Fauve.
The Buyer's attention is particularly drawn to the fact that the patterns and all the elements that make up the Sewing Pattern, marketed on the Site, are protected by copyright (law of March 11, 1957 and law of July 3, 1985, codified in the Intellectual Property Code).
Any commercial use of the pattern and the elements that make up the Sewing Pattern is PROHIBITED.
By extension, the sale of clothes sewn from the patterns marketed on the site is also PROHIBITED, except for exceptional agreement within the framework of collaborations at the initiative of Maison Fauve and except for specific contract.
Any reproduction, and in particular printing on paper or digital duplication, must remain within the strict legal framework of private copying.
The distribution, resale, copying, library loan, transfer, exchange, or any free or paid distribution of the patterns marketed on the Site (all or in part) are strictly PROHIBITED, whatever the medium ( electronic or printed).
Article 24: Deactivation of the customer account
In the event of non-compliance with the obligations arising from the acceptance of these General Conditions of Sale, incidents of payment of the price of an Order, delivery of erroneous information when creating the account or acts likely to harm in the interests of Maison Fauve, Maison Fauve reserves the right to suspend access to the services offered on the Site or, depending on the seriousness of the acts, to terminate the Member's subscription and account without damages being payable or being claimed.
Maison Fauve also reserves the right to refuse a contract with a Buyer who has been excluded or sanctioned for such actions.
Article 25: Link and third-party sites
Maison Fauve can in no way be held responsible for the technical availability of websites operated by third parties (including any partners) to which the Buyer would access via the Site.
Maison Fauve accepts no responsibility for the content, advertising, products and/or services available on such third-party sites, which are reminded that they are governed by their own terms of use.
Maison Fauve is also not responsible for transactions between the User and any advertiser, professional or merchant to whom the User would be directed through the Site and can in no way be a party to any disputes that either with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and any other obligations to which these third parties are bound.
Article 26: Prohibited behavior or fraudulent use of data
26.1
The following are strictly prohibited: (1) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (2) any intrusion or attempted intrusion into Maison Fauve's systems, (3) any misappropriation of system resources of the Site, (4) any actions likely to impose a disproportionate burden on the latter's infrastructures, (5) any breaches of security and authentication measures, (6) any acts likely to infringe the rights and interests financial, commercial or moral of Maison Fauve or the users of its Site, and finally more generally (7) any breach of these general conditions.
26.2
It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains.
26.3
In the event of failure to comply with any of the provisions of this article or more generally, breaches of laws and regulations, Maison Fauve reserves the right to take all appropriate measures and to initiate any legal action.
Article 27: Subscription to newsletters
The Buyer may, if he wishes, subscribe to the Newsletter distributed by Maison Fauve by ticking the corresponding box on the Site.
By accepting the subscription to the Newsletter distributed on the Site, the Buyer authorizes Maison Fauve to send them e-mails to the address they will have provided during their visit and/or subscription on the Site.
Unsubscribing to the newsletter is possible at any time via the "my account" space for the Buyer and by sending an email to the address: customer-service@maison-fauve.com
Article 28: Modification and update of the general conditions of sale
Maison Fauve reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Order by the Buyer.
Article 29: Complete general conditions of sale
If one or more stipulations of these general conditions of sale were declared invalid pursuant to a law or regulation or a final court decision, the other stipulations would remain in force and scope.
Article 30: Applicable law and competent jurisdiction
These general conditions of sale are subject to the application of French law.
Any dispute that may arise from the interpretation or execution of these general conditions of sale and its consequences will be brought before the competent courts.
Article 31: Entry into force
These general conditions entered into force on September 27, 2015.
Article 32: Sample
Your Maison Fauve parcels come with a card containing fabric samples. If you would like to choose your own selection to discover a material or colour, we suggest you order a set of samples from a selection of our fabrics. You will not be billed for these samples, but you will be asked to pay the order processing fee (£0.60 per sample) and postage costs according to the usual delivery methods on our site (Colissimo or Point Relais, deliveries cannot be made by ordinary post for reasons of order processing automation).
You can order up to 4 samples per order.
The choice of fabric is made directly on the product sheet, using the ‘Get a sample’ button. If the product does not have this button, it is not eligible to send samples.
You can also place an order via this product sheet, by selecting a first sample then ‘Add to basket’ then a second sample and ‘Add to basket’ etc. Up to 4 samples.
Promotion
Ordering a set of samples will entitle you to a £5 voucher valid on your next order from £50 of fabric purchase (offer valid 3 weeks after placing the order for the set, cannot be combined with other discounts or with Maison Fauve loyalty points). In order to be able to send you this discount code, you must have subscribed to our newsletter, as it is through this computer tool that the code will be generated and sent to you by email. Check your spam folder if you do not receive the email within 15 minutes of validating your order. You can subscribe to the newsletter by entering your e-mail address in the menu at the bottom of the site and confirming your subscription in the e-mail that will be sent to you.
You can order up to 4 samples per order. You can order several sets of samples, but the code can only be used once.