Terms and Conditions - Maison 1865

Terms and Conditions

1865 LA MAISON DMCC, a company incorporated under the laws of the United Arab Emirates (referred to herein as “La Maison”, “we”, “our” or “us”) operates the Internet e-commerce website www.maison1865.com and its related sub-domains, sites, services and tools (“Website”). The Website is provided as a service to you and is intended to allow you and other users to browse and order products and other goods or services (“Products”) offered for sale on the Website (“Services”). La Maison reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website.

NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY LA MAISON TO THE CONTRARY, YOU SPECIFICALLY AGREE TO THE TERMS SET FORTH BELOW.

TERMS AND CONDITIONS:
1. These Terms of Use (the “Terms”) are between La Maison and you as an end user of La Maison’s Website. Changes in law or changes in La Maison’s business may require changes to be made to the Terms from time to time (“Revised Terms”), so La Maison encourages you to review the Terms periodically for any such changes. It is your responsibility to carefully read, agree with and accept the Terms and Website’s Privacy Policy (the “Privacy Policy”) on each occasion you use the Website, and your continued use of the Website shall signify your acceptance to be bound by the latest Terms. If you do not agree to (or cannot comply with) any of the Terms, do not use this Website.
2. If you opt to register with the Website, then at the time of registration with the Website, as a Registered User, you must carefully read these Terms and accept them. Each time a change is made to the Terms, you as a Registered User, will be prompted to accept the Revised Terms before you can proceed with your next purchase of Products on the Website.
USER CONDUCT AND CONTENT
1. You agree to comply with all legal requirements of the applicable jurisdiction(s) with regard to your use of the Website, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same.
2. The Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information (“User Content”) on or through this Website by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the intellectual property rights of others), and you hereby grant La Maison a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User Content however La Maison desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any moral rights in such User Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to law.
3. La Maison will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. La Maison is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content.
4. You agree that any User Content submitted by you to the Website will not violate the Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5. La Maison does not regularly review posted User Content but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website. You grant La Maison the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make and you agree to indemnify La Maison and its affiliates for all claims resulting from any User Content you submit. La Maison and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
ACCOUNT AND REGISTERED USER:
1. In order to purchase any Products on the Website, you may either register and create an account secured by a password (the “Account”) or submit your order without creating the Account i.e. as a “Guest”. Any Account so created is personal to you, and you may not transfer it to another person. Your registration or order (in case of Guest) shall be complete after you accept the Terms. The Terms will apply each time you submit an order for any Products on the Website.
2. If you register and create an Account, you are a “Registered User”. To become a Registered User or to submit an order for any Products on the Website as a Guest, you must be at least 21 years of age, and must provide true, accurate, current, and complete in all respects information about yourself (including name, date of birth, email address, credit card details, and other details) as requested during the Account creation process or at the time of submission of the order on the Website as a Guest. If you are under the age of 21 years, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms on behalf of a person under the age of 21 years, you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur. La Maison reserves the right to refuse service, terminate Accounts, or cancel orders at their sole discretion.
3. By registering and using the Website, you warrant that the information provided by you in the course of the registration process or in the course of submission of order for any Products on the Website as a Guest is true accurate, current, and complete in all respects and you undertake to ensure that such information is kept up-to-date and agree that such information shall be treated as per the Privacy Policy.
4. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your personal computer or electronic or other mobile or wireless device, and you agree to accept responsibility for all activities that occur under your Account or password. La Maison assumes no liability to any person for any loss or damage which may arise as a result of any failure by you in protecting your password or Account. If La Maison has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to us.
SERVICES; ORDER, PRICING AND PAYMENT:
1. The Services shall include: (i)The provision to you of the Website to purchase any Products; (ii)Procuring a logistics company experienced with collection and transportation to deliver your purchased Products to you (“Logistics Supplier”); and (iii)La Maison customer support, enabling you to contact La Maison at info@maison1865.com with any queries that you may have in relation to your purchased Products.
2. You agree to make advance payment for the amount corresponding to 50% of the Products and/or full payment of the Product in 5 working days.
3. You agree to make full payment of the Products 5 working days before the shipping date. Products shall not be shipped unless the full payment of the Products is paid in full. La Maison shall deliver the Products in stock subject to receipt of the full payment from you.
4. All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorise payment, La Maison will cancel your order and contact you for an alternative method of payment. La Maison cannot be held responsible if this should result in a delay in dispatching your Products.
5. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the Products requested.
PRODUCTION TIME:
1. The production time for orders is up to 6 months, excluding Logistics Supplier time.
2. In case you order custom products, in dimensions, shape or finishes, a specific lead time will be provided accordingly.
MODIFICATIONS:
1. If you wish to modify your order, please call us at +971 042150006 or send an email to info@maison1865.com within 14 days from of purchasing the Products.
2. We will make every effort to accommodate your request. However, if your order has been dispatched, we are unable to modify it.
PRODUCT FINISHING OPTIONS AND VARIATIONS:
1. All finishing materials must be chosen by you prior to the order confirmation.
2. The production is made considering the references, dimensions and details chosen by you and included in the order confirmation.
3. There may be variations in the natural derivations of finishes like the silver, marble, wood, semi-precious stones, natural leathers, fabrics.
4. In addition, digital or printed image colors can also diverge from the originals and will also mellow by age and exposure to sunlight.
5. Some products are meant to darken naturally with age so exchanges after delivery will not be accepted due to this reason.
6. Antiquing exists on some products giving the items an aged/distressed look which will be different from piece to piece.
SHIPPING:
1. For La Maison to arrange to deliver any Products that you have purchased to you, you shall be solely responsible for providing the correct and accurate postal details.
2. Risk of loss and title for the Products that you purchase on the Website pass to you upon delivery of your purchased Products by the Logistics Supplier.
3. La Maison is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.
4. All items are quality controlled and checked for any faults before they are dispatched to you. Should you receive an item that is not in perfect condition please contact us immediately at info@maison1865.com, and arrange for the faulty Product to be returned to us.
5. Please note that unless otherwise stated on the Website, delivery dates are just estimates. They are not guaranteed delivery times and may differ despite our best efforts.
6. We can only ship to one address per order within or outside the UAE. To ship to multiple addresses, please place a separate order for each location.
7. La Maison will send you several emails during the order process to keep you informed of the status of your purchase.
8. A shipping confirmation is emailed to you as soon as your purchase has been shipped, which will allow you to schedule your delivery and track your order.
EXPRESS DELIVERY:
1. Available only on full-priced orders and air shipment cost paid by the customer. Shipping times stated here should be used as a guide only and come into effect from the time of dispatch. While we constantly strive to minimize delays, La Maison cannot be held responsible for delays caused during cross countries, cities, and emirates restrictions & regulations, customs clearance or due to failed payment approval.
RETURNS:
1. Products purchased through the Website should be returned new, unused, in their original packaging and with the original invoice and all Product tags still attached. Returns that are damaged, soiled or altered may not be accepted by La Maison and may be sent back to you.
2. Returns shall not be accepted for Products manufactured/customized according to your exact requirements.
3. All correctly returned Products will be refunded to the original purchaser as credit to the relevant credit/debit card or bank account used for the transaction after deducting the applicable bank charges (if any). If you think that we have provided you with an incorrect refund, please contact us immediately on info@maison1865.com.
4. Please note card refunds may take up to forty-five (45) business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and La Maison shall not be liable for any delays in refund by card companies. La Maison offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching your card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
CANCELLATION:
1. 1865 La Maison reserves the right to cancel the order if you fail to take possession of the Products after 5 working days from the date of the order confirmation even after making the full payment in ready goods. In case of cancellation of the order by La Maison, the Products shall be treated as free-stock for re-sell. In such case 1865 La Maison shall reserve the right to forfeit any amount paid by you including any bank charges paid via card.
2. If you canceled the order within twenty-four (24) hours from the date of order confirmation, La Maison shall refund the amount that has been paid in compliance with Article 8 of this Terms.
3. If the Customer cancels the order after two (2) calendar days from the date of the order confirmation, La Maison will reimburse the amount in the form of store credit to you.
4. Cancelation shall not be accepted for Products manufactured/customized according to your exact requirements.
QUOTATIONS:
1. All La Maison quotations are authorised for a period of thirty (30) days from the date of issuance.
DELIVERY AND STORAGE:
1. Delivery dates may be revised by La Maison from time to time based on availability of Products.
2. Storage of the Products in La Maison warehouse shall be free of charge for the first 7 days calendar days.
3. Afterwards, we reserve the right to charge a daily storage fee of five (5) % of the purchase price (“Storage Fee”).
4. For Products manufactured/customized according to your exact requirements, Storage Fee shall be charged starting from the date on which we receive the Products in our warehouse.
5. La Maison shall inform you as to the date and time of delivery.
6. Chandelier, once installed, are non-returnable/non-exchangeable unless manufacturers defects exists.
7. Delivery services may vary from time to time depending on country, city, and emirate.
8. Products that require assembly which are collected by the customer or delivered by La Maison then assembled will not subject for exchange, except for manufacturing defects.
9. Deliveries other than ground floor will be done only through service elevators. You must make sure that the Products fit into the elevators, doors and stairs prior to the purchase of the Products. No refunds shall be permitted for this sub clause.
10. Any goods delivered by a cargo company are your responsibility to confirm receiving, if you are not present, La Maison will not be held liable for any missing items. Your signature will be required prior to release.
11. Delivery slots can only be booked once a full delivery address has been received.
12. Deliveries will only be made within the country of the store.
13. Upon booking the delivery, you must inform us of any restrictions at the delivery address.
14. Should we be unable to deliver due to any restrictions or for any other reason through no fault of our own, or should you cancel your delivery less than 24 hours before the scheduled time or no one’s home when our team arrives, a redelivery charge shall apply.
15. It is your responsibility to check the building regulations, in order for La Maison to hang any lighting or wall-mount any product. La Maison will not be held liable for failure. No refunds shall be permitted for this sub clause.
PRIVACY:
1. In the course of your use of the Website, we will collect certain information from you, (the “Information”) which will be dealt in accordance with La Maison Privacy Policy.
DISCLAIMER OF WARRANTIES:
1. To the fullest extent permissible by law, La Maison does not warrant that the Website or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delays, omissions, interruptions and inaccuracies in materials or Services available through the Website or that the Services will meet any particular criteria of performance or quality.
2. La Maison makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Website or Services available through it.
3. Although La Maison intends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, La Maison does not represent or warrant that the Website, or Services, features or materials that may be available through the Website, are free from such destructive features. La Maison is not liable for any damages or harm attributable to such features.
4. Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. La Maison does not warrant and cannot ensure the security or confidentiality of any information you transmit to Website. Accordingly, any information you transmit to Website is transmitted at your own risk.
5. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS WEBSITE AND THE SERVICES ARE PROVIDED BY LA MAISON ON AN “AS IS” AND “AS AVAILABLE” BASIS. LA MAISON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LA MAISON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, LA MAISON DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE LA MAISON WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
LIMITATION OF LIABILITY AND INDEMNITY:
1. Nothing in these Terms is intended to affect your rights under law. The use of the Website or any of the Services or Products is at your own risk, and unless otherwise stated in these Terms, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or Products.
2. By using the Website, you agree, to the fullest extent permitted by law, to indemnify and hold La Maison, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or any of the Services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or the Services, or any action taken by La Maison as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree to defend, indemnify and hold harmless La Maison and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any breach by you of these Terms.
3. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LA MAISON OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF LA MAISON HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OF OR INABILITY TO USE THE LA MAISON’S WEBSITE; (II) YOUR USE OF OR RELIANCE ON THE WEBSITE, ANY INFORMATION, HYPERLINKS OR CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; (III) YOUR PROVISION OF INFORMATION, PERSONAL OR OTHERWISE, TO LA MAISON; (IV) THE PROVISION OF SERVICES BY LA MAISON; OR (V) ACTS OR NEGLIGENCE ON THE PART OF LA MAISON. IN NO EVENT WILL LA MAISON BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
GOVERNING LAW AND JURISDICTION:
1. The Terms is subject to the laws of the United Arab Emirates. The courts of the Emirate of Dubai shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Terms.
GENERAL:
1. La Maison will not deal or provide any Services or Products to any of OFAC sanctions countries in compliance with the laws of the United Arab Emirates.
2. Nothing in this Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and La Maison, constitute you as the agent of La Maison, or authorize you to make or enter into any commitments for or on behalf of La Maison. You confirm that you are acting on your own behalf and not for the benefit of La Maison.
3. Force Majeure shall mean an act of god, including but not limited to fire, floods, storms, hurricanes, volcanic activities, or earthquakes, as well as acts, orders or request of a sovereign or a government and/or of anybody purporting to be or to act for such authority, wars, whether declared or not, war-like actions, revolutions, riots, civil insurrections, or civil commotions, as well as strikes, lock outs, and/or similar actions in labour disputes, pandemics, epidemics, rapidly spreading and/or infectious disease(s) and any other cause beyond the control of La Maison unless its performance has been expressly guaranteed by expressly waving the exemption of a force majeure event. La Maison shall not be liable for failure to perform its obligations under this Terms and deliver the Products if prevented by a Force Majeure event. In the case we are affected by a Force Majeure event we shall provide notice to you following its occurrence or the date on which we become aware that a particular event may be a Force Majeure event, and La Maison shall use reasonable endeavors to mitigate the effects of any Force Majeure event.
TAX:
1. All prices are exclusive of Value Added Tax (“VAT”). Final VAT and delivery charges will be displayed in the cart before checkout.
CONTACT INFORMATION
1. Questions about the Terms of Service should be sent to us at info@maison1865.com.