General Terms of Sale

/ General Terms of Sale

SCOPE

These general terms of sale apply to any use of and all orders placed on the website www.maisonsdumonde.com and related addresses (hereinafter the Website) of Maisons du Monde, (Simplified stock company with a capital of £57,375,590.00, Le Portereau, 44124 VERTOU Cedex France, registered with the RCS Nantes under number B 383 196 656, Intra-Community VAT number FR 09 383 196 656) for the purchase of products to be shipped to France Metropolitan, Belgium, Spain, Germany and England (hereinafter the Products). By placing an order, you confirm your agreement to these terms of sale, which take precedence over all previous versions or any specifications made by you, including in e-mail correspondence.

ORDERS

2.1 PRODUCT OFFERING

The Products are presented in accordance with legal regulations and are as accurate as possible.

There may be differences between the Products shipped and those shown on the Website or in the catalogue, primarily for handcrafted Products, each of which is unique, and Products for which technical or technological modifications have been made. You may not cancel your order or refuse delivery due to such differences, provided that they do not affect the essential features or quality of the Products. However, we cannot guarantee that the colour you see on the Website or in the catalogues matches the product colour, as the display of the colour depends in part upon the browser and monitor you are using. Maisons du Monde cannot be held liable for inaccuracies in the photographs on the Website.

2.2 ORDER ACCEPTANCE

By confirming your order, you are placing a firm order. The order becomes firm for Maisons du Monde when the payment is validated and the order is recorded.

2.3 MINIMUM ORDER

Maisons du Monde sets a minimum order amount. This minimum amount is only used to cover the costs of each order and it enables us to continue offering such a wealth of decorative products.

PRICE / PAYMENT

3.1 PRODUCT PRICES

Product prices are shown in pound sterling, inclusive of taxes relating to Product sales including VAT. Prices are guaranteed until a new catalogue is published.

3.2 SHIPPING CHARGES

Your furniture may be delivered by carrier or parcel service. The type of shipping will be specified when you place your order.

View delivery costs.

3.3 PAYMENT

Payment shall be made in pound sterling. The full price must be paid at the time of order, by bank card, bank transfer, credit (only if billed in France) or bank cheque (French bank cheque only), unless otherwise stated when you place your order, sent to the following address:

Maisons du Monde
Service Comptabilité Internet
Le Portereau
BP 52402
44124 Vertou France

If the cheque or bank transfer is not received within 8 days of the date you confirm your order, the order will be cancelled.

Credit card payments are secured by BNP Paribas's Merc@net Paiement system, in compliance with French and international interbank regulations. This insures that your online purchases are secure. Your credit card information is not kept by Maisons du Monde. It is transmitted directly to BNP Paribas.

As part of an ongoing effort to fight online fraud, Maisons du Monde may sometimes be required to verify a customer's bank details or identity before a delivery can be made. By ordering on the Maisons du Monde website, the customer agrees to provide the required details or proof of identity. If a satisfactory response is not given within the specified delay, Maisons du Monde reserves the right to cancel the order in question.

Orders are not recorded until payment has been validated, so no discounts or late charges can apply.

3.4 INVOICING

The invoice sent to the buyer uses the information he entered in his customer account. The buyer can edit this data each time he places an order through the website.

Trade buyers are required to contact the Maisons du Monde Trade Department before placing a firm order to arrange for a trade invoice to be issued. Trade customers can then give Maisons du Monde all the information necessary to raise a trade invoice, including the intra-community VAT number.

3.5 PRODUCT PRICES

Due to recent exchange rate changes, our business costs have increased, so we need to make some small changes to our pricing structure in the UK, these changes will take effect from 13/02/17. However, we want to keep offering to you great value on our unique range of stylish furniture & decor, to continue to allow you to create your dream home. So while our pricing has increased we have taken the decision to set our shipping fees at a permanent low for 2017 to all UK customers. Should you have any questions please do not hesitate to contact our friendly customer service team whom are always happy to help.

DELIVERY

4.1 SHIPPING METHODS

Once you have placed your order, the shipping method (carrier or parcel) will be specified.

View delivery area. 

Delivery by parcel service:Your order will be delivered by an express delivery service. A delivery person will come to your home after your merchandise is shipped. Parcels are delivered to the threshold of your building. The price does not include delivery to upstairs areas or installation. 
Parcels will be delivered within 10 days of the date stated on the “availability” page when you place your order.

Delivery by carrier:Your order will be delivered by a carrier specialised in furniture delivery. Your furniture will be delivered padded with blankets or cardboard or on a pallet to ensure maximum protection. Our shipping department will contact you to arrange for a delivery date within the timeframe indicated on your order summary.

Before placing your order, you must check the dimensions of the products to make sure they can be delivered via normal access to the area where you intend to set them up.
Unless otherwise stipulated in the order, your items will be delivered within approximately 15 business days from the order confirmation in Metropolitan France, and within 3 to 4 weeks in other countries, on the date arranged with Maisons du Monde shippers. You will be given an estimated delivery date when you place your order on the website. Our shipping department will call you to arrange for a delivery date and time.

You must inform Maisons du Monde of any obstacles to delivery by normal access (stairs, elevator, doors) on the purchase order, and inform the shipper as well. 
Before placing your order, you must check the dimensions of the Products to make sure they can be delivered via normal access to the place where you intend to set them up.

If the Maisons du Monde shippers cannot deliver the products on the agreed date because you are not at home or if they were not informed of special delivery requirements, you may have to pay additional delivery charges and/or your order may be cancelled.
Product risks are transferred to you at the time of delivery or attempted delivery by the Maisons du Monde shippers on the arranged date.

If some of the Products in your order become available at different times, we will offer to deliver them as they become available. If you choose this option, the delivery costs set out in point 3.2 will apply to each shipment. Otherwise, your products will be shipped once they all become available.

Pursuant to article L114-1 and L121-20-3 of the French Consumer Code, you can cancel any order if delivery is more than 7 days late with respect to the shipment date indicated at the time of order, except in the event of a force majeure incident
Cancellations must be sent by registered letter with return receipt no later than 30 business days following the expiration of the deadline or the scheduled delivery date, and must be received before the Products are delivered.

PLUS Service

The Customer can opt (for an order with a parcel weighing between 30 kg and 35kg and with a maximum size of 250 cm) for the 'PLUS Service'. The order will then be delivered by appointment to the floor and room of the Customer's choice, without unpacking.

4.2 ACCEPTANCE AND CLAIMS

Before signing for the shipment, you must check for damage, missing items, defects or other non-compliances. This includes checking the condition of the packaging, the number of packages, and the quantities, references, condition and features of the Products.

If you wish to file a claim, you must contact the Maisons du Monde shipper.

For the claim to be valid, you must:

  • Indicate the specific problems involving damaged or missing items on the delivery packing slip. General statements such as “subject to unpacking” are insufficient.
  • Send your claims in writing by registered letter with return receipt to the Maisons du Monde Customer Service Department, Le Portereau, BP 52402, 44124 VERTOU Cedex France.
  • Send your claims in writing by registered letter with return receipt to the shipper within 14 days following delivery, not including holidays. 
    080 82 34 21 72 or +33 (0)2 51 71 14 88

You must send a copy of the claim to Maisons de Monde within the same timeframe.

You must be able to provide proof that the claims are true and allow Maisons de Monde, its shippers, or any other persons authorized by them to inspect the items. You must not intervene or allow third parties to intervene.

If your claim is accepted, the defective Product will be exchanged, or refunded if the Product is not available in stock or from our suppliers. The Product being returned must be handed over to Maisons du Monde shippers in perfect condition, in its original packaging, with all of its accessories. No returns will be accepted without the prior agreement of Maisons du Monde.

WARRANTY / LIABILITY

5.1 WARRANTY

The Products are warranted to be free from defects in design and materials and workmanship for a period of one year from the date of delivery. During the warranty period, Maisons du Monde will exchange or refund the Products found by us to be defective. Products exchanged shall be covered for the remainder of the warranty period. This warranty does not cover:

  • Any damage to the Product resulting from normal wear and tear, given its nature, function, composition and price;
  • Slight differences in the Products as defined in article 2.1;
  • Products exposed to excessively heavy use, specifically involving other than private use.
  • Any damage to the Product resulting from improper installation, storage, or assembly (non-compliance with assembly instructions), improper maintenance, misuse or use not in compliance with the technical or use specifications (non-compliance with maintenance and care instructions), modifications or repairs made by you or a third party, damage caused by other objects (heavy television placed on a unit not designed for this purpose), outside events such as accidents, shocks, fire, vandalism, water damage, natural or artificial light (discoloration) natural catastrophes or bad weather.
  • 5 years for the frame, legs, fasteners, convertible sofa mechanism, fabric backing, foam padding.
  • 2 years for back cushion and seat cushion stuffing.
  • 1 year for sofabed upholstery and mattresses.

5.2 INVOKING THE WARRANTY

To invoke the warranty, you must contact the Maisons du Monde customer service department at the following number: 809 234 21 72

You must have the original invoice in order to benefit from the warranty.

5.3 LEGAL WARRANTIES

The Products are warranted against any non-compliances and latent defects under the French Consumer Code and the French Civil Code. 
Reprinted from the French Consumer Code:

  • Article L. 211-4.- "The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity existing upon delivery. 
    The Seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if the Seller assumed responsibility therefor or had it carried out under its responsibility".
  • Article L. 211-5.- "To conform to the contract, the product must:
  • 1. Be suitable for the purpose usually associated with such a product and, if applicable:
  • correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
  • have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; or
  • 2. Have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to".
  • Article L. 211-12. - "Action resulting from lack of conformity lapses two years after delivery of the product".

Reprinted from the French Civil Code:

  • Article 1641: The seller is obliged to guarantee the item sold against latent defects which render it unsuitable for its intended usage, or reduce this usage to such an extent that the buyer would not have purchased the item, or that he would have purchased it only at a lower price if he had known the latent defects existed.
  • Article 1648: The buyer shall have two (2) years as of the discovery date of the latent defect(s) to apply the guarantee against latent defects.

5.4 LIABILITY OF MAISONS DU MONDE

Maisons du Monde’s liability is limited to the purchase price of the defective or non-compliant Products, including as regards applicable contractual or legal warranties. Maisons du Mode shall under no circumstances be held liable for any indirect damage or financial loss suffered by you or a third party.

COOLING-OFF PERIOD

As an individual you have a cooling-off period of 14 clear days from the date of delivery to cancel any part of your order and return the Product at no expense. This option does not apply to Products manufactured according to your specifications, personalised Products, or Products that cannot be shipped again or are likely to suffer damage.

To exercise your rights under the cooling off period, you must send in the cooling-off return form, download the return form, to the customer service department at the following address, by registered letter with return receipt: 

Maisons du monde
Le Portereau
BP 52402
44124 VERTOU Cedex France.
FRANCE

To arrange a return, the buyer should go to their customer account and access the details of their order. Next to the product concerned, select "Return a product" and provide the reason for return.

The request will be sent to customer services right away and they will contact the buyer to arrange for the product to be returned and will explain the steps to follow, which will be different depending how the product was originally dispatched. For more details, see the "Returns" webpage.

You will receive a full refund for the purchase price of the Product within 14 days following the date you exercised your rights under the cooling-off period, upon receipt of the Product returned in perfect condition, it its original packaging, with all of its accessories.

USING THE WEBSITE

7.1 INTELLECTUAL PROPERTY

All content on the Maisons du Monde website including, without limitation, logos, registered trademarks, text, photographs, images, drawings, models or charts, is protected by international copyright laws. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. Doing so is punishable under the French Intellectual Property Code and/or may subject you to civil liability and criminal prosecution.

7.2 LIABILITY OF USERS

Users agree that all access and use of this Website www.maisonsdumonde.com and its content is at their own risk. Maisons de Monde shall not be held liable in any manner for failures, errors, or computer viruses affecting access to this Website, or any computer malfunctions that occur following Website access. Maisons du Monde shall not be liable in any manner for any direct or indirect damages arising out of access to the Website or downloading content including images, text, or video files.

7.3 FRENCH DATA PROTECTION ACT

To record and process your order and/or respond to requests for information, Maisons du Monde collects personal data.

You have a right to access, rectify, oppose and delete your personal data, pursuant to the French Data Protection Act of 6 January 1978. To exercise this right, please contact customer.service@maisonsdumonde.com

FORCE MAJEURE

Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.

The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

If the force majeure incident lasts for more than one (1) month, Maisons du Monde may opt not to fill the order, and must refund you the purchase price of the order in question.

MISCELLANEOUS

9.1 PROOF:

By express agreement between Maisons du Monde and you, electronic mail messages shall constitute proof between the parties, as well as automatic recording systems used on the Website, specifically as to the nature and date of the order.

You may access the electronic contract entered into with Maisons du Monde, in accordance with the rules of common law. To do so, send an e-mail to the Customer Service Department containing all relevant information, specifically the order number and your details (full name and address).

9.2 SEVERABILITY:

If any one of the provisions in these general terms of sale should be deemed invalid under any applicable law, the remaining provisions shall remain legal and enforceable.

9.3 NON-WAIVER:

The failure of either party to exercise any of its rights under these general terms of sale, whether temporary or permanent, shall not be deemed to be a waiver of such rights.

9.4 TITLE

If there is a difficulty interpreting between any of the titles of the articles and chapters and any of the clauses, the titles will be deemed not to exist.

9.5 MODIFICATION OF THE GENERAL TERMS OF SALE:

Maisons du Monde reserves the right modify these general terms of sale. New versions will be indicated on the Website.

The online version on the Website at the time you place your order will supersede any other prior version.

9.6 ENTIRE AGREEMENT:

These general terms of sale and the order summary sent to you constitute the entire agreement between us.

APPLICABLE LAW / JURISDICTION

Relations between you and Maisons du Monde, as regards orders placed on the Website, shall be governed by French law.

IN THE EVENT OF A DISPUTE THAT CANNOT BE SETTLED AMICABLY, JURISDICTION IS ATTRIBUTED EXCLUSIVELY TO THE COURTS WHERE MAISONS DU MONDE HAS ITS CORPORATE HEADQUARTERS, NOTWITHSTANDING MULTIPLE DEFENDANTS, THE INTRODUCTION OF THIRD PARTIES, OR EMERGENCY OR CONSERVATORY PROCEEDINGS.

MAISONS DU MONDE Simplified stock company with a capital of £57,375,590.00
Corporate Headquarters: Lieudit « Le Portereau »
44120 VERTOU France
383.196.656 RCS NANTES
Télephone: 02 51 71 17 17

COMPETITION TERMS & CONDITIONS

Maisons Du Monde reserves the right to end or amend the competition at any time. Entrants must be aged 18 years or over and reside in England, Wales & mainland Scotland. Employees of the Maisons Du Monde group, their agents and families are excluded from entering the competition.

Entry into this competition confirms your acceptance of these Terms and Conditions and your agreement to be bound by the decisions of Maisons Du Monde. Entries from agents or third parties are invalid. Proof of sending is not regarded as proof of receipt. Maisons Du Monde cannot be held responsible for entries lost, delayed or unclear.

The Opening Date of the competition is 07:00am (UK time) on 16th January 2017 and the Closing Date is (UK time) on 20th January 2017. Entries received after the Closing Date shall not be included in the Prize Draw.

To enter the competition: No purchase is necessary. Your picture MUST be your own.

Enter via Facebook - Log into your Facebook account; On the Maisons Du Monde UK Facebook page like the competition post and upload a picture that captures a smile. Upload it to our Facebook wall and tell us a reason you have to smile.

Enter via Twitter - Log into your Twitter account; On the Maisons Du Monde UK Twitter profile like our competition tweet and reply to it or tweet us (@MDM_EN) with a picture that captures a smile. Tell us a reason you have to smile and include the hashtag #giveusasmile in your tweet.

Enter via Instagram - Log into your Instagram account; On the Maisons Du Monde UK Instagram page like the competition post and then upload a picture that captures a smile. Tag us (@maisonsdumondeuk) in your photo and in the caption tell us your reason you have to smile. Include the hashtag #giveusasmile in your caption too.

The winner will be selected at random from all the entries received before the closing date and time. The winner will be notified by being tagged in a message from Maisons Du Monde within 3 days of the closing date. The winner will be required to provide a postal address to which they require the prize to be sent. The address must be situated within Maisons Du Monde’s UK delivery capabilities of England, Wales or mainland Scotland. The winner must claim their prize by responding via Facebook, Twitter or Instagram to Maisons Du Monde UK, providing the address within 48 hours of first being contacted by Maisons Du Monde. If any winner does not respond within the time frame specified, they shall forfeit their right to receive the prize and Maisons Du Monde may carry out a further draw to select an alternative winner.

The prize will be posted by Maisons Du Monde within 30 days of receipt of the winner’s address, or as soon as reasonably practicable thereafter. The winners must ensure that the address provided is correct. No liability will be accepted by the Maisons Du Monde if the Prize is lost or delayed in the post. The prize will be sent as standard delivery.

The winner must agree to the use of their name and picture, and will co-operate with any other reasonable requests relating to any post-winning publicity. There is no cash alternative to the stated prize. Maisons Du Monde reserves the right to offer a similar prize, or a prize of equal or greater value, if the stated prize is unavailable. The judges' decision is final. No correspondence will be entered into.

Maisons Du Monde reserves the right to disqualify any winner if it becomes aware or has reasonable grounds to believe that the winner is not eligible or if they have breached any of the Terms. Maisons Du Monde reserves the right to disqualify any winner if there is suspicion of fraud or if the Promoter has any reason to believe that the winner has acted improperly.

The promoter of this competition is MDM UK Furniture & Decoration Limited (Company Number 9948209), c/o Mills and Reeve LLP Invoice 12752, 1 St James Court Whitefriars, Norwich mais0001,NR3 1RU.