Returns & Delivery

5. Delivery


5.1. Dispatch dates


The shipping date for an order corresponds to a period running from the day after that of the Buyer’s validation of their order.


This date takes account of the projected time for MONTAIGNE MARKET to process and receive the Products making up the order. Under no circumstance can this date be binding but, in the case of an unusual delay, an email will be sent to the Buyer.


Orders are shipped in two business days. The time taken by the carrier to deliver the order to the delivery address is additional.


Practically, the orders are dispatched from Montaigne Market St Barthelemy, France, Monday to Friday from 10am to 17h (GMT-4). Orders placed on Friday evening, Saturday and Sunday are processed on Monday morning.

5.2. Traceability 


Following the dispatch of the order, the Buyer will receive an email specifying the tracking number of the parcel. The buyer can then follow the traceability of the parcel by clicking on the link provided for this purpose. Products are shipped to the shipping address provided by the Buyer in its account. 

 

If the Buyer has registered multiple shipping addresses in his account, he may select one before finalizing the order and proceed with its rules. MONTAIGNE MARKET is not able to deliver to PO Box numbers.


5.3. Delivery times and shipping methods


MONTAIGNE MARKET offers several shipping methods depending of the delivery address: 

  • Colissimo (Tracked Colissimo): For delivery in France (including DOM-TOM) by parcel with a tracking number (see section 5.2 above).
  • DHL,FedEx and UPS: For delivery in France, Europe and internationally (America and Rest of World), by parcel with a tracking number (see section 5.2 above). 


Parcels are shipped within 7 working days in France (Colissimo), 7 working days in Europe (DHL,Fedex and UPS) and 10 working days internationally (DHL,Fedex and UPS), following the date of shipment. 


If the Buyer is not present during the presentation of the parcel to the delivery address, a form is placed by the Carrier in the letterbox of the recipient to say that the parcel is awaiting dispatch. If the parcel is delivered by Colissimo, the Buyer provided with proper identification, must go at the post office indicated on the form, within two (2) weeks, to collect its parcel. In case of delivery by DHL,FedEx or by UPS, the Buyer must contact DHL,FedEx or UPS to arrange a new appointment because the parcel must be delivered by hand.


Upon delivery of the Product, the Buyer must unpack the Product in presence of the Carrier. It must then verify the conformity of the goods delivered in the presence of the carrier before signing the delivery. If there is an anomaly concerning the delivery (damaged packaging, missing items, damaged or broken items), the Buyer shall state its reserves as detailed handwritten comments dated, explicit and accompanied by his signature on the delivery co- signed by the Carrier. 


Then the buyer must refuse the package. It must then submit its claims to MONTAIGNE MARKET same day delivery by the site’s contact form available in their customer account. Any claim made outside this period may be rejected without recourse for the buyer. 


In the event the Buyer has not been able to get his package, it will be returned to the warehouses MONTAIGNE MARKET. MONTAIGNE MARKET then propose it to the Buyer reship the order again after paying new shipping fees. If the Buyer doesn’t want to be reshipped, he will be refunded only the product price but not the shipping fees (sending and return).

 

In accordance with the legal framework in force, in the case of non-conformity of the Product and/or a hidden defect, the Buyer benefits from a statutory warranty of conformity under the legal conditions provided for in articles L.217-4 et seq of the French Consumer Code, a statutory warranty against hidden defects under the conditions provided for in Article 1641 of the French Civil Code and all other warranties in force (Cf. Article 8 – Statutory Warranties below)


5.4. Lost parcel


If, within 5 working days after the application of shipping his order, the Buyer has not received his parcel (or a notice of passage, or an accurate information via the online tracking of the parcel), it must return to his post office (for Colissimo), or contact FedEx or UPS in case of delivery by this carrier, with the tracking number available in its client account and in the confirmation email that was sent during the development of the shipping parcel.


If the Carrier has no trace of the parcel, the Buyer must contact as soon as possible MONTAIGNE MARKET’s Customer Service.


MONTAIGNE MARKET’s Customer Service will open an investigation with the carrier. The Buyer will receive an email explaining that an investigation was initiated and that the response times vary between 10 and 15 days after the initiation of this investigation. If the parcel is found, it will be immediately returned to the Buyer. If the parcel is considered lost, MONTAIGNE MARKET will refund the full amount of the order within 14 days as from the end of the investigation.


5.5. Customs duties


All orders placed through the Website may be subject to taxes and customs duties at the destination point. Such customs duties and taxes due on delivery of a Product are borne by the Buyer, who assumes the payment obligation. MONTAIGNE MARKET is not obligated to verify and inform the Buyer of any applicable customs duties or taxes. The Buyer should check with competent authorities of his country to know what customs duties or taxes are applicable.


5.6. Shipping costs

 

Destination

Service

Cost

Delivery time

France

Fedex-UPS-Colissimo

20 €

5-7 working days

Europe

Fedex - UPS

25 €

5-7 working days

Americas

Fedex - UPS

40 €

7-10 working days

Rest of the World

Fedex - UPS

40 €

7-10 working days


5.7. Cancellation

 

If the items ordered have not been delivered within 30 days as from the delivery date referred to above for any reason other than force majeure or fault on the part of the Customer, the sale may be cancelled at the written request of the Customer and the amounts paid by the Customer (with the exception of any indemnity or deduction) will be returned to them under the conditions provided for in articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code.


Article 6. Right of withdrawal and returns

 

6.1 Period of withdrawal


All Buyers have the right to withdraw within fourteen (14) calendar days as from receipt of their order so as to cancel the order of any Product purchased on the Website, without having to give reasons or pay a penalty. Upon expiry of this deadline, the right of withdrawal becomes irremediably null and void.

 

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised for orders relating to:

 

  • the supply of goods that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection,
  • the supply of goods made in accordance with the specifications of the consumer or clearly personalised.

 

 

 

As a consequence, the Customer is informed that, for reasons of hygiene, the return may be refused and, therefore, the right of withdrawal is not applicable, in particular but not only, to cosmetics where the seal has been removed or sealed items (underwear and swimwear, etc.) that have been unsealed by the Customer after delivery.

 

6.2 Notification of withdrawal

 

The Buyer must notify Montaigne Market - MESCALINE – 4 rue du general de Gaulle Gustavia – 97133 St Barthelemy – France – stbarth@montaignemarket.com – Tel : + 590 590 27 62 88  of their decision to withdraw from this contract by means of an unambiguous declaration (for example, a letter sent by post, fax or email), within this fourteen (14) day period referred to above. The Customer may use the withdrawal form template attached to these Terms and Conditions of Sale DOWNLOAD WITHDRAWAL FORM, however, the use of this form is not mandatory.

 

MONTAIGNE MARKET will send a return confirmation email. 

 

6.3 Procedure for return of Products

 

Products must be returned by the Buyer at their expense without excessive delay and, in any case, within a maximum of fourteen (14) days as from the Customer’s withdrawal, to the following address:

MESCALINE / MONTAIGNE MARKET

boutique

4 rue du Général de Gaulle 

GUSTAVIA

97133 ST Barthelemy

  • the Products have not been used, worn, washed, ironed, soiled, modified or damaged;

    if the occasion arises, the security and identification Tag is still attached to the Products (This is a light gray plastic Tag attached by a blue ribbon only on Products like articles of clothing. This Tag is stamped “MONTAIGNE MARKET” on the front and has an identification number on the back. In case of withdrawal, this Tag cannot be tied back to the product concerned).

 

The Products must be accompanied by all their accessories and the return number supplied by MONTAIGNE MARKET. The Product return fees are payable by the Buyer. 


The Products must be accompanied by all their accessories and the return number supplied by MONTAIGNE MARKET. The Product return fees are payable by the Buyer.

 

Within the framework of this right of withdrawal and for returned Products that are found to be incomplete, damaged, soiled or unfit for resale, MONTAIGNE MARKET reserves the right to refuse to issue a refund for the returned products or to apply a reduction to the amount of the refund.


A refund cannot be issued for any parcel returned to MONTAIGNE MARKET that does not include any information to identify the Buyer, in particular, the return number. Claims from the Buyer cannot be accepted.

 

 

 

 

6.4 Refund


A refund shall be issued for a returned Product, without delivery costs, within fourteen (14) calendar days as from the date of notification by the Customer of their decision to withdraw, provided that the returned Product has been received by MONTAIGNE MARKET within this period and that the Customer can provide the company with proof of postage.

 

Proof of postage of the Product denotes any means proving the dispatch of the Product concerned by the Customer to the exact address communicated by MONTAIGNE MARKET for the return of this Product without question. 

 

The Seller shall issue the refund using the same payment method as that used by the Customer for the initial transaction except where the Customer expressly agrees to a refund by another payment method; in any event, this refund shall not generate costs for the Customer.

 

It is the responsibility of the Buyer exercising their right of withdrawal to prove the re-dispatch of the Products. Therefore, MONTAIGNE MARKET recommends that the Buyer return the Products using a tracked delivery method such as registered mail or Colissimo for France and Fedex for all other countries (Europe and Rest of the World).


7. Exchanges


The Buyer may ask for all or some of the Products in their order to be exchanged within a maximum of fourteen (14) days as from receipt of their order. This exchange may consist of either i) an exchange of size, subject to availability of Products on the date of the Buyer’s request, or ii) an exchange with a Product of equal or superior price than the Products purchased and returned.


A request for exchange of model or color will not be accepted.


For an exchange, the Buyer shall follow the same procedure as for a Return, the amount of new shipping costs generated by the forwarding of a new product, is paid by him. 


The conditions for return of products within an exchange are the same as those required for a simple Return (see Section 6).

 

After receiving the request for exchange and the Products to be exchanged, delays in shipment of replacement Products are identical to a conventional shipping on orders (see section 5).

 

PROMOTIONAL OR SALE PRODUCTS MAY NOT BE EXCHANGED.

PERFUMES AND BEAUTY PRODUCTS MAY NOT BE EXCHANGED.

BATHING SUIT AND UNDERWEAR MAY NOT BE EXCHANGED.