General terms and conditions of business

These Terms and Conditions (together with the information and policies on the “Customer Service” and “My Account” pages on the Website and any other documents referred to in these Terms) set out the legal terms and conditions applicable to the use of our Platform (both the website http://www.maison-saintmichael.com, each of its subdomains and any other websites operated by us or on our behalf, and any mobile app or desktop app developed by us or on our behalf, collectively the “ Websites” and each individually a “Site”) and the other services we offer apply. Before placing an order, please read these Terms and Conditions and our Privacy Policy carefully. By using our website or placing an order, you agree to these terms and conditions and our privacy policy.

Table of contents:

Article 1 - Definitions

Article 2 - Identity of Maison Saint Michael and contact options

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract Article

6 - The right of withdrawal

Article 7 - Obligations of the consumer during the withdrawal period

Article 8 - Exercise of the right of withdrawal and its costs

Article 9 - Obligations of Maison Saint Michael in the event of withdrawal

Article 10 - The purchase and prices

Article 11 - Performance of the contract and additional guarantee Article

12 - Performance of the contract and additional guarantee

Article 13 - Payment

Article 14 - Data protection

Article 15 - Complaint procedure

Article 16 – Disputes

Article 17 – Industry guarantee

Article 18 – Additional or different conditions

Article 1 – Definitions

In these Terms and Conditions the following definitions apply:

Cancellation period: a period of 14 days within which you can exercise your right of cancellation.
Consumer: the natural person who purchases goods and/or uses services supplied by Maison Saint Michael (not for use in the course of a trade, profession or business). ~ When these Terms and Conditions refer to “you” or “your”, we mean you as the consumer.
Day: calendar day.
Right of withdrawal: the right of a consumer to withdraw from a purchase within the withdrawal period.
Maison Saint Michael: the company Maison Saint Michael or one of its affiliates that offers products and/or services to consumers through the Website. When reference is made to “we”, “us” or “our” in these general terms and conditions, this means Maison Saint Michael.
Contract: the contract entered into between you and Maison Saint Michael in connection with the sale of products and/or services by Maison Saint Michael to you through the Website, as well as these Terms and Conditions, the Privacy Policy and any additional agreements.
Products and Services: Through the Website, we offer you a shop-in-shop sales platform from which you can purchase products from a wide range of brands. In addition, Maison Saint Michael offers additional services such as: B. Facilitating delivery of products and customer service.
Website: http://www.maison-saintmichael.com, any of its subdomains and any other websites operated by or on behalf of Maison Saint Michael, as well as any mobile app or desktop app operated by or on behalf of Maison Saint Michael was developed.

Article 2 – Identity of Maison Saint Michael and contact options

Identity

Entrepreneur: Duy Duc Do

Trading under the name: Maison Saint Michael

VAT ID number: DE323358294

Contact options

Call us: +49 30 5311 2574

Email: customerservice@maison-saintmichael.com

Write to us: Karl-Marx-Str. 202, 12055 Berlin, Germany

Reachability

Telephone: Monday to Friday from 9:00 a.m. to 6:00 p.m. (CET)

Chat: Monday to Friday from 9:00 a.m. to 6:00 p.m. (CET)

Article 3 – Applicability

These general terms and conditions apply to every offer made by Maison Saint Michael and to every contract concluded between the consumer and Maison Saint Michael.
The text of these General Terms and Conditions will be made available to you electronically before the contract is concluded. These general terms and conditions are also available on the website.
In the event that specific product or service-related conditions apply in addition to these general terms and conditions, the second paragraph applies analogously and, in the event of incompatible conditions, you can always rely on the provision that is most favorable to you.

Article 4 – The offer

Maison Saint Michael offers the consumer the opportunity to browse the website and purchase products from a large number of global brands. In addition, Maison Saint Michael also offers some additional services.
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer on the website contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to adequately evaluate the offer. If Maison Saint Michael uses images, they are intended to convey a fair picture of the products on offer. Maison Saint Michael is not bound by obvious errors or obvious errors in the offer.
Each offer contains information from which you can understand what rights and obligations you have in connection with accepting the offer.
To use Maison Saint Michael's services or purchase products on the Site, you must be 18 years of age or older.
The products sold by Maison Saint Michael are intended for private use only. You agree not to use the Products for any commercial, business or resale purposes. Maison Saint Michael accepts no responsibility for any loss or profit arising from business opportunities.

Article 5 – The Contract

The contract with Maison Saint Michael is concluded at the time you accept the offer by placing an order on our website.
Maison Saint Michael will confirm receipt of the offer acceptance by email as soon as possible after your order.
Maison Saint Michael takes appropriate technical and organizational measures to secure electronic data transmission and electronic payment transactions and offers a secure web environment.
Maison Saint Michael will provide you with the following information no later than upon delivery of the product and/or provision of the service:

The conditions and the manner in which you can exercise the right of withdrawal or a clear statement about the exclusion of the right of withdrawal;
Information about warranty and existing customer service;
The price, including all taxes, of the goods and/or service, delivery costs, if any, and the method of payment, delivery or performance of the contract;
A reference to the return form, which can also be found on the website.

Article 6 – The right of withdrawal

You can cancel the contract regarding the purchase of a product within 14 days without giving reasons. Maison Saint Michael may ask you for the reason(s) for the withdrawal, but may not force you to provide that reason(s). The cancellation period begins on the day after you or a third party designated by you in advance who is not the carrier receives the product, or,
- if you have ordered several products in the same order: the day on which you or a third party nominated by you received the last product. Maison Saint Michael may refuse an order for multiple products with different delivery times provided that it has clearly informed you of this before the ordering process;
- if the delivery of a product consists of several shipments or parts: the day on which you or a third party named by you received the last shipment or the last part.
Your right to cancel the contract only applies to products that are returned in the same condition in which you received them. You must also return all instructions, documents and packaging materials of the products. Products that are damaged or not in the condition in which you received them or that have been worn or used are non-refundable.
If the consumer exercises his right of withdrawal, the contract (and all additional agreements) will be terminated by operation of law.
Sample cancellation form

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

– To Maison Saint Michael, Karl-Marx-Str. 202, 12055 Berlin, Germany, customerservice@maison-saintmichael.com:

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notification)

– Date

__________

(*) Delete what is not applicable.

Article 7 – Obligations of the consumer during the withdrawal period

During the withdrawal period, the consumer must treat the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess the nature, properties and function of the product. The starting point here is that the consumer may only handle and examine the product as would be permitted in a retail store.
The consumer is only liable for the reduction in value of the product resulting from the manner in which the product is handled and which goes beyond what is permitted by paragraph 1 of this article.
The consumer is not liable for the reduction in value of the product if Maison Saint Michael has not provided the consumer with all the information required by law regarding the right of withdrawal before or upon conclusion of the contract.

Article 8 – Exercise of the right of withdrawal and its costs

The consumer who wishes to exercise his right of withdrawal must notify Maison Saint Michael within the withdrawal period by completing the return form or in another clear manner.
The consumer must return the product as soon as possible but no later than 14 days after the notification referred to in paragraph 1 of this article. The consumer has met the return period in any case if the product is returned before the withdrawal period has expired. Further information about returns, refunds and the returns service can be found on the website under the “Returns and Refunds” section.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the costs of returning the goods and processing them.

Article 9 – Obligations of Maison Saint Michael in case of withdrawal

Maison Saint Michael will refund you the entire purchase amount, including shipping costs for the returned product. Maison Saint Michael will pay you the purchase amount as quickly as possible, but at the latest within 14 days of receiving the cancellation notice. Maison Saint Michael may wait to issue a refund until it has received the products or until you provide written evidence of having returned the product, whichever occurs first.
Maison Saint Michael will use the same payment method you originally used, unless you agree to a different method. The refund is free.
If you have chosen a more expensive shipping method than the cheapest standard shipping method, Maison Saint Michael is not required to reimburse you for the additional costs of the more expensive shipping method.

Article 10 – Purchase and prices

The purchase

The steps you need to take to place an order are explained in the “How to place an order with Maison Saint Michael” section on the “Order” page of the website.
Maison Saint Michael may have to cancel your order (or part of your order) if the product is no longer available.
The Website allows you to review your order and correct any errors before completing a purchase. Please take the time to go through and review your order on each page of the checkout process as you are responsible for ensuring that the information you provide is correct (e.g. correct products, quantities, size, color, etc.).

The prices

The prices stated in the offer of products or services include VAT.
Although Maison Saint Michael endeavors to ensure that all information, descriptions and prices on the website are correct, errors may occur. Maison Saint Michael may discover an error in the price of the products you have ordered. In this case, Maison Saint Michael will notify you as soon as possible and give you the opportunity to confirm your order at the correct price or, if you wish, to cancel it. If Maison Saint Michael is unable to contact you, your order will be treated as canceled. If you cancel and have already paid for the products, you will receive a full refund as soon as possible.

Article 11 – Performance of the Contract and Additional Warranty

Maison Saint Michael guarantees to the consumer that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal and/or regulatory requirements in force at the time the contract is concluded.
Any additional warranty provided by Maison Saint Michael, its supplier, manufacturer or importer will never limit the legal rights and claims that you may assert against Maison Saint Michael based on the Contract in the event that Maison Saint Michael fails to fulfill its part of the Contract.
Additional warranty means any obligation of Maison Saint Michael, its supplier, importer or manufacturer, by which it or it grants certain rights or claims in excess of what it is legally obliged to do if it or it forms part of the agreement has not been fulfilled.

Article 12 – Performance of the contract and additional guarantee

Maison Saint Michael will exercise the greatest possible care when receiving and executing orders for products and assessing requests for the provision of services.
The delivery location is the address you provided to Maison Saint Michael.
Subject to the provisions of Article 5 of these general terms and conditions, Maison Saint Michael will execute accepted orders promptly, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed or an order cannot be executed or can only be partially executed, you will receive a message no later than 30 days after the order was placed. In this case, you have the right to terminate the contract without penalty and, if necessary, to claim compensation.
Upon termination in accordance with the preceding paragraph, Maison Saint Michael will promptly refund the amount paid by you.
The risk of damage and/or loss of products lies with Maison Saint Michael until the time of delivery to you or a third party named by you and notified to Maison Saint Michael in advance.

Article 13 – Payment

Unless otherwise provided in the contract or additional conditions, the amount owed by you as a consumer must be paid within 14 days of the start of the cancellation period. In the case of an agreement for the provision of a service, this period begins on the day after receipt of the confirmation of the contract.
The consumer is obliged to immediately inform Maison Saint Michael of any inaccuracies in the payment information provided or specified.
If the consumer does not meet his payment obligations in a timely manner, after being informed by Maison Saint Michael of the late payment and having been given a period of 14 days to fulfill his payment obligations, he will owe the statutory interest on the amount still due in the event of non-payment within these 14 days amount, and Maison Saint Michael is entitled to invoice the consumer for the extrajudicial collection costs incurred by Maison Saint Michael. These collection costs amount to a maximum of: 15% of the outstanding amounts up to €2,500; 10% of the next €2,500 and 5% of the next €5,000, with a minimum of €40. Maison Saint Michael may deviate from these amounts and percentages for the benefit of the consumer.

Article 14 – Data protection

Maison Saint Michael will only use the consumer's personal data in accordance with the Privacy Policy. By using the Website, the consumer agrees to the use of information as described in our Privacy Policy and warrants that all information provided by the consumer is accurate.
Maison Saint Michael sends commercial communications to its consumer customers. These can be digital newsletters, but also push messages or SMS messages. You can unsubscribe from our commercial communications via the website. The messages contain offers, tips and information about our products and services. We process the following personal data:
1. Surname
2. Contact information (email address and phone number)
You can unsubscribe from these communications at any time. Each newsletter contains an unsubscribe link, but you can also change your preferences in your account. Maison Saint Michael stores your personal data until you unsubscribe from commercial communications.

Article 15 – Complaints procedure

If you have any complaints, you can send us an email to customerservice@maison-saintmichael.com.
The consumer is obliged to submit complaints about the performance of the contract within a reasonable time after discovering the defects, which are fully and clearly described.
Complaints submitted to us will in any case be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, you will be answered within 14 days with a confirmation of receipt and an indication of when you can expect a more detailed answer.
In any case, the consumer must give Maison Saint Michael a period of 4 weeks to resolve the complaint after mutual consultation. After this period has expired, a dispute arises which may be subject to the dispute resolution procedure.

Article 16 – Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board. The federal universal arbitration board at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is responsible.

Article 17 – Additional or different conditions

Additional or different conditions from these general terms and conditions must not be detrimental to you and must be recorded in writing or in such a way that you can store them in an accessible manner on a durable medium.