General Terms and Conditions of Sale
OVERVIEW
This website is operated by JUSTIN1970 LLC DBA MAUVIEL 1830 Company (“MAUVIEL”). Throughout the Website, the terms “we”, “us” and “our” refer to MAUVIEL. MAUVIEL offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/ or purchasing something from us, you engage and agree to be bound by the following terms and conditions (“General Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these General Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these General Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the General Terms and Conditions. You can review the most current version of the General Terms and Condition at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – THE WEBSITE
The entire content of the Website or any advertising material (illustrations, texts, wording, trademarks, images, videos) is the property of MAUVIEL or is used with the authorization of the holders of the rights in question. Any reproduction in whole or in part, as well as the creation of hypertext links, is prohibited, unless MAUVIEL gives its express and prior authorization.
MAUVIEL reserves the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.
MAUVIEL shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.
SECTION 3 – PRODUCTS
The presentation of the Products offered by MAUVIEL on the Website enables the Customer to know the essential characteristics of the Product he wishes to order.
MAUVIEL takes the greatest care in putting online information relating to the essential characteristics of the Products by means of technical descriptions which may come in particular from its partners and suppliers and/or photographs illustrating the Products.
In any case, MAUVIEL shall not be held liable for any change or error made in the description of the characteristics of the Products purchased, unless the essential characteristics of the Products are affected thereby.
The pictures, illustrations and texts appearing on the Website are not contractual.
The Products are offered for sale within the limits of available stocks, manufacturing possibilities and supply possibilities from MAUVIEL's suppliers.
The availability of the Products is indicated at the time of the selection of the Products, subject to possible synchronization errors in MAUVIEL's computer system. In any event, the availability of the Products will be definitively validated at the time of the shipping confirmation of the order which will be sent to the Customer by e-mail.
In the event that one of the Products ordered is not available at the time of the preparation of the Customer's order, MAUVIEL undertakes to contact the Customer as soon as possible in order to inform him/her of the delivery time for this Product. If this delay is too long, the Customer may choose to cancel his order and the sums paid will then be refunded as soon as possible.
SECTION 4 – PRICES AND PAYMENT
The Products are invoiced according to the current price list mentioned on the Website on the day of the sale. Prices are indicated in US dollars ($) and are exclusive of tax. Prices indicated do not include the delivery costs of the Products.
The shipping costs and the applicable sales tax are indicated after the Customer has entered all of his invoicing and delivery information.
These costs are determined according to the terms of transport, the weight of the Products ordered, the amount of the order and the destination.
In any event, the total price of the order is indicated at the end of the online order, before its validation, and corresponds to the price of the Products, including all taxes, to which is added the price of transport.
MAUVIEL reserves in any case the right to modify its selling prices at any time. Nevertheless, no modification subsequent to the taking of the order can be applied by MAUVIEL. The price applicable to the Products ordered is that appearing on the Website on the day of the order.
The orders are payable in US dollars ($), in totality and cash. At no time can the sums paid be considered as down payments or installments.
Payment is made by credit card.
As soon as payment is validated, the customer receives confirmation of his order by e-mail, accompanied by the invoice.
MAUVIEL reserves the right to refuse any order. MAUVIEL may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
SECTION 5 - DELIVERY AND RECEIPT
The delivery times of the Products are given as an indication, unless MAUVIEL makes an express written commitment on firm dates and times.
In case of foreseeable delay in delivery, MAUVIEL will inform the Customer as soon as possible by e-mail and will provide him with an estimate of the additional delivery time.
MAUVIEL will not be held responsible for any delay or failure of acceptance due to a case of force majeure - as stipulated in Section 8 hereof - or to a fault of the Customer such as the absence of the latter at the time of delivery.
The Products are delivered to the delivery address mentioned by the Customer when ordering on the Website. MAUVIEL cannot be held responsible in case of delay and/or non-delivery due to a false or erroneous address or to which delivery would be impossible.
The delivery is deemed to be made by MAUVIEL when the Products ordered by the carrier are handed over to the Customer.
The Customer must personally ensure the reception of the Products ordered. The Customer undertakes to sign, if necessary, the delivery note of the Products.
It is the Customer's responsibility to check the condition of the Products and their quantity upon receipt. This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
It is the Customer's responsibility, in the event of a dispute, deterioration of the Product during transport, damage, missing or late delivery, to make clear and precise reservations on the delivery note. The Customer must confirm these reservations to the carrier, by registered letter with acknowledgement of receipt stating the reasons, within three (3) days, not including public holidays, following receipt of the Products.
SECTION 6 – OBLIGATIONS OF THE CUSTOMER
The Customer undertakes to communicate to MAUVIEL all the elements necessary for the good execution of the orders. In this respect, the Customer remains responsible for the content and the accuracy of the information he transmits to MAUVIEL.
The orders are obligatorily intended for personal use. The resale, use or transformation of the Products for any commercial use is prohibited except with the authorization of MAUVIEL.
The choice and the use of the Products are made under the sole responsibility of the Customer.
The Customer is responsible for maintaining the Products in good condition, to respect the maintenance and storage instructions and to use them in accordance with their destination, in particular by respecting the prescriptions given by MAUVIEL and/or by MAUVIEL's suppliers.
The Customer shall ensure that the instructions for use are complied with and shall in particular use the baking trays indicated in the technical data sheet of his Product.
The Customer must check the material of the Products ordered and respect the conditions of use and maintenance applicable to it. Indeed, the conditions of use and maintenance vary according to the material used in the composition of the Products.
SECTION 7 – RESPONSIBILITY
When MAUVIEL's responsibility is engaged following a fault on its part, the compensation applies only to the direct, personal and certain damages that the Customer has suffered to the express exclusion of the compensation of all damages and/or indirect and immaterial prejudice, such as financial prejudice, damage to image, etc...
In any case, MAUVIEL declines all responsibility, in particular because of the Customer's choice of Products, for damages resulting from modifications made to the Products by the Customer, for damages resulting from a failure by the Customer to comply with the recommendations for the use of the Products, for damages resulting from a failure by the Customer to comply with the maintenance and/or storage instructions for the Products.
MAUVIEL shall not be held liable for any temporary or permanent damage caused to the Customer's computer system, nor for any loss or damage that may be suffered in particular following access to or browsing on the Website. The transmission of data via the Internet may lead to the occurrence of errors and/or the fact that the Website is not always available. Consequently, MAUVIEL cannot be held responsible for the availability and interruption of the online service.
SECTION 8 – FORCE MAJEURE
In the event of the occurrence of a case of force majeure preventing the execution of its obligations by MAUVIEL, the contract will be immediately suspended as from the notification made by MAUVIEL to the Customer given by any means. In the same way, MAUVIEL will inform the Customer of the cessation of this event and the execution of the contract will then resume immediately on the date of this notification.
SECTION 9 - PERSONAL INFORMATION
The submission of your personal information through the Website is governed by our Privacy Policy.
SECTION 10 – GOVERNING LAW
These General Terms and Conditions and its consequences shall be governed by and construed in accordance with the laws of the State of FLORIDA.
The language of these General Terms and Conditions and of the relations between the Parties is English.
SECTION 11 - COPYWRITE NOTICE
All documents and information on any Mauviel 1830. Web site are protected by copyright. Except as specifically permitted herin, no portion of the documents or information on this Web site may be reproduced in any form or by any means without the express written consent of Mauviel 1830
Copyright © 2018 Mauviel 1830. All Rights Reserved.
SECTION 12 - DESCRIPTION OF INFORMATION AND SERVICES
Through this web site, Mauviel 1830 provides you with access to view resources which include information about our products, product specifications and features, product use instructions, photography of our products, product pricing, and customers' testimonials on using our products ("Product Information"). In addition, through this web site, Mauviel 1830 provides you with services such as online shopping, product registration, account registration, order history lookup, and submitting customer feedback ("Services"). The Product Information, including any product information updates, and the Services, including any changes to the web site's features and functionality are subject to the Terms Of Use specified herein including, but not limited to, the Proprietary Rights notices, Copyright Notice, and Trademarks Notice specified herein.
SECTION 13 - TRADEMARK NOTICES
The Mauviel 1830 Logo is a Trademark of Mauviel 1830 and owned exclusively by Justin1970, LLC. The names of actual companies and other products mentioned herein may be the trademarks of their respective owners. Users are not permitted to use these marks without the prior written consent of Justin1970, LLC. or such third party owners.
SECTION 14 - PROPRIETARY RIGHTS
Unless otherwise specified, all materials on this site are the property of Mauviel 1830. Unless otherwise specified, the Product Information is for your personal and non-commercial use. Without Mauviel 1830's prior written permission, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Product Information. Note that any product or service referenced on this site may be subject to other proprietary rights reserved by Mauviel 1830 and are not licensed hereunder. All rights not expressly granted herein are reserved.
SECTION 15 - PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please refer to our Privacy Policy regarding the collection and use of user's information.
SECTION 16 - ACCESSING DOCUMENTS AND INFORMATION ON THIS SITE
Permission to use Documents (such as Users Guides, Installation Guides, and Specifications) from the Product Information and Services is granted, provided that (1) the above copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Product Information and Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer, web site, or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of our Web site. Elements of the Mauviel 1830 Web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, or image from any Mauviel 1830 Web site may be copied or retransmitted unless expressly permitted by Mauviel 1830.
MAUVIEL 1830. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT INFORMATION AND SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MAUVIEL 1830, INC. HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED IN THE PRODUCT INFORMATION AND PROVIDED BY THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAUVIEL 1830, INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT INFORMATION AND SERVICES DESCRIBED HEREIN AT ANY TIME.
SECTION 17 - NOTICES REGARDING USE OF PRODUCT INFORMATION, SERVICES, AND DOCUMENTATION
IN NO EVENT SHALL MAUVIEL 1830 BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF DOCUMENTS OR INFORMATION AVAILABLE FROM THE SERVICES AND PRODUCT INFORMATION.
SECTION 18 - NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Product Information and Services, you will not use the Product Information or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Product Information, Services, or any access to mauviel-usa.com in any manner that could damage, disable, overburden, or impair any Mauviel 1830 server, or the network(s) connected to any Mauviel 1830 server, or interfere with any other party's use and enjoyment of any Product Information or Service. You may not attempt to gain unauthorized access to any Product Information, Service, other accounts, computer systems or networks connected to any Mauviel 1830server or to any of the Product Information or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Product Information and Services
SECTION 19 - Third Party Web Sites LINKS TO THIRD PART WEB SITES
THIS WEB SITE MAY CONTAIN LINKS THAT ENABLE YOU TO LEAVE THE MAUVIEL 1830 WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MAUVIEL 1830 IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MAUVIEL 1830 IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MAUVIEL 1830 IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MAUVIEL 1830 OF THE SITE.
SECTION 20 - APPLICABLE LAWS
The Product Information and Services from this Web Site are controlled by Mauviel 1830 from within the state of FLORIDA, United States of America. By accessing this web site, you and Mauviel 1830 agree that the statutes and laws of the state of FLORIDA, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this web site. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
SECTION21 – SETTLEMENT OF DISPUTES
Before any legal action, the Customer undertakes to address his complaint to MAUVIEL's customer service department at the address indicated below:
Justin1970 LLC, DBA Mauviel 1830
1200 Brickell Ave
Suite 1960
Miami, FL 33131