Terms & Conditions

TERMS AND CONDITIONS OF SALE

1. Purpose

2. Products – Prices

3. Submission and validation of the order

4. Payment

5. Delivery

6. Returns policy

8. Statutory warranties

7. Exchanges

9. Customer Service

10. Data privacy policy

11. Liability

12. Intellectual Property Rights

13. Duration

14. Miscellaneous

15. Applicable law – Jurisdiction

Introduction

These Terms and Conditions of Sale apply to:

MESCALINE

Having its registered office at 4 rue du Général de Gaulle 97133 Gustavia St Barthelemy

Registered under number 407 526 748 R.C.S. BASSE-TERRE

Capital social : 7 622,45 €

Tel: +590 590 27 62 88

Email: stbarth@montaignemarket.com

Mescaline, Montaigne Market Director : Liliane Jossua

Editorial manager : Alexandre Cabot

Website Hosted by Shopify :
151 O'Connor Street, Ground floor, Ottawa, ON, K2P 2L8

Hereinafter referred to as “MONTAIGNE MARKET” or the “Seller”

Of the one part,

And:

Any consumer, a private individual, wishing to make a purchase via the MONTAIGNE MARKET’s e-commerce website available at the URL:

https://montaigne-market-sbh.myshopify.com

Hereinafter the “User” or “Customer”,

Of the other part.

For the application of these Terms and Conditions of Sale, it is agreed that MONTAIGNE MARKET and the User shall be referred to jointly as the “Parties” and individually as the “Party” and that any User who has validated an order shall then be referred to as the “Buyer”. The rights and obligations of the User shall apply automatically to the Buyer.

Users wishing to buy the Products (Luxury Accessories and Clothing) offered for sale online on MONTAIGNE MARKET’s website available at the URL https://montaigne-market-sbh.myshopify.com, hereinafter referred to as the “Website”, declare that they are of legal age and have full legal capacity or authorisation from a person with parental authority, a guardian or trustee.

Any order of a Product offered for sale on the Website supposes that these Terms and Conditions of Sale have been read and expressly accepted without such acceptance being conditional upon the handwritten signature of the User.

In accordance with articles 1366 and 1367 of the French Civil Code, confirming the order form as described in clause 3.3 below stands as proof that the entire order is legally valid, rendering all amounts in connection therewith due upon performance of said order.

These Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by MONTAIGNE MARKET with non-professional buyers wishing to acquire products offered for sale online on the Website.

These Terms and Conditions of Sale are available at any time on the Website and prevail on any other version or any other contradictory document.

Unless proved otherwise, the data recorded by MONTAIGNE MARKET constitute proof of all transactions.

Access to the Site is in the normal Internet connection. No extra cost of connection will be also charged to the User.

These Terms and Conditions may be subject to modifications, the conditions applicable are those in effect on the date of execution of the order. They cannot apply to transactions concluded previously.

This is why the Customer must re-read them before each visit or purchase on the Website.

In this way the Customer declares that they have read these Terms and Conditions of Sale and accepted them before each of their purchases. For this purpose, the Terms and Conditions of Sale are binding upon them in accordance with the terms of Article 1119 of the French Civil Code.

1. Purpose

The purpose of these Terms and Conditions of Sale is to set out the rights and obligations of both Parties, exclusively because of the relationships they initiate on the Internet, with respect to any and all online sales of Products offered on the Website.

They apply to all the steps necessary to place the order and ensure the follow-up of such order as contracted between the Parties.

This document is the sole document applicable to the relationship between the Parties; it cancels and supercedes any other document.

These Terms and Conditions of Sale do not apply to sales of Products outside the Website, such as in store or through other channels of sales or distribution

If a condition of sale were to be lacking, it would be considered to be governed by the uses in force in the distance selling sector whose companies are headquartered in France.

2. Products – Prices

2.1 Products

The Products offered for sale by MONTAIGNE MARKET are those featured on the Website, on the date when the User consults the Website and insofar as the Products are available in stock (Hereinafter “Products”).

Should any Product be out of stock, the Buyer will be informed as quickly as possible.

If a product is unavailable after an order has been placed, because of a delivery problem by MONTAIGNE MARKET’s suppliers or a stock gap, the Buyer will be informed by email as soon as the information communicated by the supplier or the logistics department is received. The cancellation of the unavailable product and its refund will then be processed, the rest of the order remaining firm and final.

2.2. Information about Products

For each Product sold on the Website, MONTAIGNE MARKET provides a description to present its essential characteristics, within the information provided by its suppliers. MONTAIGNE MARKET undertakes to provide the User maximum information enabling him/her to know the Product before ordering it.

If, despite all the care taken in drafting these descriptions, errors or omissions appear, the liability of MONTAIGNE MARKET could not be engaged.

Descriptions of the Products and photographs are only indicative and non-contractual. In particular, under the effect of Internet browser used and the resolution of the display of the User, the colors shown on the photographs of the Products posted on the Website may not be exactly faithful to the true color of the Products.

If the User finds any errors or omissions in the descriptions of the Products, he or she can contact and inform MONTAIGNE MARKET’s Customer Service (stbarth@montaignemarket.com) about this. MONTAIGNE MARKET then will proceed promptly to correct such errors or omissions.

The Customer acknowledges that, prior to placing their order and the conclusion of the contract, they have received these Terms and Conditions of Sale and all information listed in Article L.221-5 of the French Consumer Code as well as in articles L.111-1 and L.111-2 of the French Consumer Code (on referral from Article L.221-5 Cons. Code) in a legible and comprehensible form.

2.3. Prices

Prices are posted in euros (€). They include any reductions applicable on the order date. As Montaigne Market is based in Saint-Barthelemy they are displayed without VAT.

The prices posted on the Website are guaranteed on the date of order and for articles available in stock, reserve made for significant changes and, in particular, VAT, manifest printing error or omission. Prices do not include delivery expenses which are billed in addition, the User being informed thereof upon final confirmation of the order.

All taxes, levies or other contributions payable pursuant to the regulations of an importing or transit country in force on delivery days are payable by the Customer.

MONTAIGNE MARKET reserves the right, and the User accepts, to change the price at any time. However, the Products will be billed based on prices in force when the order is placed, provided that said Products are available in stock.

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and will give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund. If you can, you will receive a full refund.

3. Submission and validation of the order

3.1 On-Site Navigation

The User can view the various Products offered for sale by MONTAIGNE MARKET on the Website.
The User may navigate freely on the pages of the Website with no commitment to purchase via an order.

3.2. Registration and password

Registration is necessary and mandatory to place an order.

This registration takes place in two stages:

Firstly, the User opens an account by indicating his email address and password in the “Register» section (which is available on top and left side of the Website’s homepage). MONTAIGNE MARKET then sends an email to the User informing him/her of the successful creation of his personal account and invites him/her to click the confirmation link to activate his personal account.

Secondly, after his personal account is activated, the User can access to it by indicating his email address and password in the “Sign-in” section (which is available on top and left side of the Website’s homepage). Then the User accesses to a form that he/she must fill out accurately, with all information necessary to identification, mainly his/her name, first name, phone number and mailing address.

MONTAIGNE MARKET guarantees the confidentiality of the data transmitted after entering this password and processes them in accordance with Article 10 below entitled “Data Privacy Policy”. The User is responsible for the use of his password. The User ensures its conservation and its confidentiality. If the User loses that password, he/she should contact MONTAIGNE MARKET as soon as possible so that a new password can be assigned.

In case of forgotten password, the User can get a new one by clicking on the link “Lost password?” displayed in the “Sign-in” section. A form for creating a new password will be sent to him/her by email.

During the account creation process, the User will be able to authorize MONTAIGNE MARKET to email him/her sales invitations as well as newsletters from MONTAIGNE MARKET’s team.

3.3. Order submission

The User places his/her order through an Internet connection which enables him/her to navigate on the Website. For an order to be accepted, it will have to include all the information necessary for its processing. Moreover, each order signifies acceptation of the General Sales Terms and Conditions, the prices and the descriptions of the products available for sale.

It is not possible to place an order from a country not included in the list of destination countries authorized by MONTAIGNE MARKET.

If the User wishes to place, he/she chooses the desired Products and signals his or her interest by clicking on “Add to cart”.

At any time, the User will be able to:

obtain the list of Products selected by clicking on the shopping bag,
continue the selection of Products by clicking on “Continue shopping”,
finish the shopping for Products and order those selected by clicking on “Proceed to payment”.

To order the selected Products, after clicking on “ Proceed to payment “, the User must identify him/ herself by entering his/her email address and password chosen when opening the personal account; or, if this is a first order, after filling out the form in “Register” (which is available on top / left side of the Website’s homepage).

The User is hereby informed of and consequently accepts the fact that entering these two identification marks is valid as proof of his/her identity and consent.

Once the User is identified, the delivery address must be confirmed, then an order form will appear onscreen, restating: the nature, quantity and prices of the User’s chosen Products, as well as the total amount of the order, postages charges, the User’s personal information and the address for delivering the Products.

MONTAIGNE MARKET cannot gather several orders not shipped.

3.4. Final order validation

After checking the details of their future order and once all the information requested has been completed by the User, the latter must declare that they have read and accepted these Terms and Conditions of Sale irrevocably by ticking the relevant box. They can then click on “Payment” to confirm their final order.

When payment is made by credit card, the User will then have to enter some information about the card used:

The name on the account
The card number
The expiration date
The security code (3-digit cade at the back of the card)

By paying immediately via credit card, as provided in clause 4 below, the User is automatically transferred to the electronic payment server of the secure electronic payment platform STRIPE on WOOCOMMERCE. The server is made secure via an S.S.L. (Secure Socket Layer) code in order to protect all payment data as thoroughly as possible. As a consequence, MONTAIGNE MARKET is free from any and all liability in that respect.

The User can save his/her banking data so he/she does not have to enter them for each order.
As soon as payment is validated, the order is placed and becomes irrevocable. The User thus becomes a Buyer. The order form will be registered in the MONTAIGNE MARKET information archives and kept in a reliable and sustained support system, serving as evidence of the contractual relationship between the two Parties.

As soon as you have placed your order, an email will be sent to you acknowledging receipt. This email confirms that your order is registered on our site but is not a final confirmation. The order is confirmed when the tracking number for your parcel is emailed, that is, when the item is actually sent to you.

3.5 Order confirmation

After validating his/her payment by credit card (by providing his/her card number, expiration date and security code) or by Paypal, a recap of the order of the Buyer will be sent by email, when the order slip is received, to the email address he/she provided at the time of the order. This confirmation will include all the elements that constitute the contract generated between the Parties, as well as an estimated of the shipping date.

MONTAIGNE MARKET recommends that the Buyer keeps or prints the order confirmation email. However, the documents archived in MONTAIGNE MARKET computer system will be considered as legal proof. A recap of the order will also be displayed in the client account.

4. Payment

4.1. Order amount

The amount owed by the Buyer is indicated before order validation by the User, as well as on the order confirmation emailed by MONTAIGNE MARKET to the Buyer.

4.2. Payment methods

Payment is made immediately via the Internet, unless the server is unavailable, by means of a credit or bank card issued in France or outside France by Visa, Mastercard, American Express or Maestro.

Payment may also be made through Paypal.

Concerning payment with an American Express card, for security reason, copies front and back of the card used for the purchase and the buyer’s ID card are needed to confirm the order.

4.3. Payment confirmation

The order will be considered valid after confirmation of the banking payment agreement. In case of payment denial by the bank, the order will automatically be cancelled.

However, MONTAIGNE MARKET reserves the right to refuse any and all orders or deliveries in the event of i) ongoing dispute with the Buyer, ii) Buyer’s total or partial non-payment of a previous order, iii) credit or bank card company’s refusal to authorize payment, iv) non-payment or partial payment. In all these cases, MONTAIGNE MARKET cannot be held liable in any manner.

4.4 Payment timeline

When the Buyer pays with a debit card, the bank account of the Buyer will be debited within 2 to 5 days after submitting the order. This timeline may vary depending on the banking institution. For a credit card, the amount of the order will be debited from the bank account of the Buyer in the same conditions as any other debit.

4.5 Special condition

MONTAIGNE MARKET has implemented a verification procedure to prevent any fraudulent use of the banking information needed to place an order on the Website. As part of this verification, the client will be requested to send to MONTAIGNE MARKET (by fax or by mail) a copy of the front and back of his identification card as well as a proof of residence dated within the past three months. The order will only be shipped after these verification documents have been received. Chicstbarth.com reserves the right to refund an order if the documents are not received of if the documents received are not compliant.

Only clients who placed an order for an amount greater than an amount defined by MONTAIGNE MARKET will have to provide these verification documents. After submission of his/her order, the Buyer affected by this condition will receive an email from MONTAIGNE MARKET’s customer service.

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 Barth, Saint Barthelemy 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,UPS 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 DHL,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 for delivery 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 Général de Gaulle Gustavia – 97133 ST Barthelemy – France – stbarth@montaigne-market.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 (Appendix 2 – Include hypertext link of the 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.

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.

Article 8. Statutory Warranties

The Products sold on the Website comply with the regulations in force in SAINT BARTHELEMY.

It is the responsibility of the Customer to check specific details concerning taxes, declarations, bans, possibilities of importing or using the Products ordered with the local authorities.

The Seller shall not be liable for failure to comply with the legislation of the country in which the products are delivered, which the Customer is responsible for checking.

MONTAIGNE MARKET, the Seller, guarantees the conformity of the Products with the contract, allowing the Customer to make a claim in accordance with the statutory warranty of conformity provided for in articles L. 217-4 et seq of the French Consumer Code or warranty against defects of the item sold pursuant to articles 1641 et seq of the French Civil Code (legal provisions recalled in Appendix 1 to these Terms and Conditions of Sale).

In the case of the implementation of the statutory warranty of conformity, it is recalled that the Customer:

- has 2 years as from the issue of the product in which to act;

- may choose between the repair or replacement of the goods, subject to the cost conditions
provided for in Article L. 217-17 of the French Consumer Code;

- is exempt from providing evidence of the existence of the lack of conformity of the product during the 6 months following the delivery of the product.

Furthermore, it is recalled that:

- the statutory warranty of conformity applies irrespective of any commercial warranty granted;

- the Customer may decide to implement the warranty against hidden defects of the product sold pursuant to Article 1641 of the French Civil Code. In this case, they may choose between cancellation of the sale and a reduction of the price in accordance with Article 1644 of the French Civil Code.

In order to assert their rights, the Customer must inform the Seller in writing (Montaigne Market – MM PRIVATE – 18-20, avenue Matignon – 75008 Paris – France) of the non-conformity of the Products or the discovery of hidden defects within the periods stipulated above and return the defective Products or return them to store in the condition in which they were received with all elements (accessories, packaging and leaflet, etc.).

9. Customer Service

MONTAIGNE MARKET’s Customer Service is available Monday to Saturday between 10am and 7pm (UTC+1) at the following number: +590 590 27 62 88 or via email to the following address: stbarth@montaignemarket.com

Address:

MONTAIGNE MARKET “Customer Service”

4 Rue du Général de Gaulle - Gustavia - 97133 St Barthelemy

10. Data privacy policy

10.1. Personal information

Pursuant to Law No. 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary to process their order, establish invoices and manage commercial relations in particular.

These data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders. This information and these data are also stored for security purposes, in order to comply with legal obligations.

The processing of the information communicated via the Website https://montaigne-market-sbh.myshopify.com fulfils the legal requirements regarding personal data privacy, the information system used providing optimum protection of these data.

In accordance with the national and European regulations in force, the Customer has a permanent right of access and right to modification, rectification, object, data portability and restriction of processing of their personal information.

The Customer may exercise this right by sending an email to the following address: stbarth@montaignemarket.com or by sending a letter to: Montaigne Market – Mescaline – 4 rue du général de Gaulle Gustavia – 97133 St Barthelemy – France stating their first and last names, email and address. In accordance with the legislation in force, this request must be signed by the Customer and accompanied by a photocopy of an ID document with their signature and must specify the address for sending the reply. A reply will then be sent by MESCALINE as soon as possible following receipt of the request.

Depending on the choices of the Customer issued when creating or consulting their account, they may receive offers from the Seller as well as Montaigne Market brands and companies as indicated at the time of creating the account. If the Customer no longer wishes to receive such offers, they have the right to refuse such communication at any time either by not giving their consent at the time of registration and/or validation of their order or by declaring their refusal later by post or email in accordance with the paragraph above.

Finally, if the Customer’s telephone number is obtained when they create their account or place their order, the Customer may put their name on a cold calling opt-out list free of charge on the site www.bloctel.gouv.fr or by writing to Société Opposetel, Service Bloctel, 6, rue Nicolas Siret - 10 000 Troyes – France. This registration prohibits a professional from cold calling a consumer except in the case of a pre-existing contractual relationship.

For all information on the personal data processing carried out by the Seller, the Customer may consult the company’s Data Privacy Policy available in the footer of its Website. They may also consult the site of the French data protection authority, the Commission de l’ Informatique et des Libertés, www.cnil.fr.

10.2. Cookies

Only “session” cookies are used on the MONTAIGNE MARKET Website. Such cookies enable the site to keep only data of a temporary nature from the current session (articles selected, time spent on the site, etc). This information is in no manner associated with an individual User’s name and is not saved from one session to the next.

11. Liability

The liability of MONTAIGNE MARKET is strictly limited to the amount of Buyer’s order.

The photographs and illustrations accompanying the Products on the Website have no contractual value and, therefore, the Seller may not be held liable for them.

The Customer is solely liable for the choice of Products, their storage and use.

MONTAIGNE MARKET cannot be held liable for any inconvenience or damage arising from the use of a computer, a computer network or the Internet.

In particular, Montaigne MARKET cannot be held liable for breach of service, external intrusion or presence of a computer virus.

For all stages of access to the Website, including consultation, fill form, ordering, payment and any other service available on the Website, Montaigne MARKET only has an obligation of means.

MONTAIGNE MARKET is not responsible for any damage, intangible or tangible caused by the malfunction or misuse of any Product purchased on the Website.

It is the User to check with local authorities regarding the specific taxes, declarations, prohibitions, opportunities to import or use of products ordered. MONTAIGNE MARKET is not responsible for the non-compliance of the Products with the law of the country where the Products are delivered.

The Seller may not be held liable if it provides proof that the breach or poor fulfilment of its obligations is attributable to the Customer or the unforeseeable and unavoidable fault of a third party to the contract.

12. Intellectual Property Rights

All elements of the Website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of MONTAIGNE MARKET.

The Company’s brand MESCALINE and its partners brands, and logos appearing on the Website are registered trademarks.

Any total or partial reproduction of these trademarks or logos without the express permission of MONTAIGNE MARKET is therefore prohibited under Article L.713-2 of the French Code of Intellectual Property.

Any User or visitor to the Website may not establish a hyperlink to it without the express consent of MONTAIGNE MARKET.

MONTAIGNE MARKET cannot be responsible for access by the User via the links established through the Website to other resources on the Internet.

13. Duration

These terms and conditions shall apply as long as MONTAIGNE MARKET offers the Products for sale online.

14. Miscellaneous

In the event of total or partial non-performance by MONTAIGNE MARKET of any one of its obligations hereunder, MONTAIGNE MARKET shall incur no liability in connection therewith if such non-performance is due to a force majeure event, in particular without limitation in cases of labor unrest or total strike of postal services or shipping and/or communications companies, floods, fires, and generally any event beyond its control.

The Parties agree that they should consult each other as soon as possible in order to determine on a mutual basis how the order should be carried out during the force majeure event.

Should the force majeure event interrupt services for longer than one (1) month, MONTAIGNE MARKET is entitled not fill the order, with the obligation of reimbursing the Buyer, if applicable, within thirty (30) days.

14.1. Partial invalidity

Should one or several provisions contained in these Terms and Conditions of Sale be deemed or declared invalid pursuant to any law or regulation or by virtue of a final judgment issued by a competent court, all other provisions shall remain in full force and effect.

14.2. Entirety of agreement

These Terms and Conditions of Sale and the order summary sent to the Buyer together constitute the entire agreement between the parties hereto as regards the subject matter hereof. In the event of any contradiction between those documents, the Terms and Conditions of Sale shall prevail.

14.3 Force majeure

MONTAIGNE MARKET shall not be liable for the total or partial fulfilment of its obligations under this contract, if such breach is due to a force majeure event as defined in Article 1218 of the French Civil Code.

Article 15. Applicable law – Language – Processing of complaints - Mediation

Applicable law / language: these Terms and Conditions of Sale and the transactions resulting therefrom are governed by French law. They are drafted in French. Should they be translated into one or more languages, the French text only would prevail in the event of a dispute.

Mediation: the Customer is informed that, in any event and specifically in the case of a complaint not settled amicably by the customer service department, they may have recourse to conventional mediation, inter alia, via the Commission de la médiation de la consummation (French Consumer Mediation Committee) (Art. L 612-1 of the French Consumer Code) or the existing sector-based mediation bodies, references to which appear below, or to any other method for settling disputes (conciliation, for example), in the event of a dispute.

The Customer may have free recourse to the mediation service CMAP, with which MONTAIGNE MARKET is registered, electronically at the address cmap@cmap.fr or by post: CMAP – 39, avenue Franklin D.Roosevelt – 75008 Paris. The mediation service may be contacted for any consumer dispute that is not settled.

Online Dispute Resolution Platform: in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent online settlement of disputes out of court between consumers and professionals of the European Union.

Therefore, the Customer may also contact this platform at the following address: https://webgate.ec.europa.eu/odr/

GDPR: any Customer noting a breach of the General Data Protection Regulation has the right to appoint an association or organisation as referred to in IV of Article 43 ter of the French Data Protection Act of 1978 to obtain reparation from the data controller or processor before a civil or administrative court or before the national data protection committee.

Disputes: failing an amicable settlement, all disputes to which the purchase and sale transactions concluded pursuant to these terms and conditions of sale might give rise, with regard to their validity, interpretation, execution, termination, consequences and follow-ups shall be submitted to the competent courts under conditions of ordinary law.

Last update: 20.12.2019 – Version 1.0

APPENDIX 1

PROVISIONS RELATING TO STATUTORY WARRANTIES

Article L217-4 of the French Consumer Code

The seller shall deliver a product in accordance with the contract and answer for any lack of conformity existing at the time of delivery. It shall also answer for any lack of conformity resulting from the packaging, assembly or installation instructions when it is liable therefor under the contract or when this has been carried out at its responsibility.

Article L217-5 of the French Consumer Code

The product complies with the contract:

1 If it is suitable for the purpose usually expected of a similar product and, where appropriate:

if it matches the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer may legitimately expect given the public declarations made by the Seller, manufacturer or representative thereof, specifically in the advertising or labelling;

2 Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted thereby.

Article L217-12 of the French Consumer Code

The limitation period for any action resulting from a lack of conformity is two years as from delivery of the product.

Article L217-16 of the French Consumer Code

When the buyer requests that the seller, during the course of the commercial warranty granted to it at the time of the acquisition or repair of personal property, carry out a repair as covered under the warranty, any period of immobilisation of at least seven days shall be added to the term of the warranty still to run.

This period runs as from the buyer’s request for action or the provision of the goods in question for repair if this provision is subsequent to the request for action.

Article 1641 of the French Civil Code

The seller is bound by the warranty against hidden defects of the products old that make it unfit for the purpose for which it is intended or that reduce this use such that the buyer would not have purchased it or would have paid a lower price for it, had they been aware thereof.

Article 1648

Any action resulting from redhibitory defects must be brought by the purchaser within two years as from the discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought within the year following the date on which the seller may be discharged from the defects or apparent lack of conformity, under penalty of a lapse of rights.