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Conditions of Sale

 
  1. CONDITIONS OF SALE
    LA MAISON HUBERT E-COMMERCE WEBSITE SALES

    1. GENERAL
    The following terms and conditions and any other related rules that are adopted by La Maison Hubert and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of La Maison Hubert products that you (the “Customer” or “you”) may order from La Maison Hubert, a corporation organized and existing under the laws of Switzerland and having its corporate headquarters at Rue de la Corraterie 14, 1211 Geneva, Switzerland (“La Maison Hubert” or referred to herein as “us”, “our”, "LMH", or “we”) via the Internet via La Maison Hubert’s Website, identified by the domain name "www.la-maison-hubert.com" (the "Website").
    These Conditions of Sale apply only to sales made through the Website. Sales conducted through other channels are not subject to these Conditions of Sale.
    The Conditions of Sale applicable to any order placed through the Website are those in force at the time you place your order.  When you check the “I Accept” box at the order confirmation section of the Website before placing your order with La Maison Hubert, you indicate your acceptance of these Conditions of Sale.  If you refuse to accept these Conditions of Sale, you will not be able to order any La Maison Hubert products from the Website.
    La Maison Hubert may modify the Conditions of Sale from time to time, at its sole discretion.  When placing an order through the Website, then by checking the “I Accept” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time.
    Persons using the Website will also be deemed, by virtue of such use, to have agreed to be bound by our Website Terms of Use and our Privacy Policy, which are incorporated to these Conditions of Sale by reference.

    2. PURCHASING ELIGIBILITY
    Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), and (b) have legal capacity to enter into contracts may order products through the Website.  If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale.  Any orders placed in contravention to this provision shall be null and void.
    By placing an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute La Maison Hubert products or purchase La Maison Hubert products for commercial purposes or any other commercial benefit. If La Maison Hubert believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in fraudulent or grey market activities, then La Maison Hubert may refuse such order.

    3. PRODUCT AVAILABILITY; QUANTITY
    All orders placed through the the Website are subject to availability and acceptance by La Maison Hubert.
    La Maison Hubert reserves the right to change the assortment of items proposed on the Website and may limit from time to time the quantity of La Maison Hubert products that may be ordered by a Customer in a single buying session.  
    The product pages of the Website can provide you with information regarding products that are currently available for sale through the Website.  Please note that only those creations displaying a “details and purchase” button are available for sale through the Website. La Maison Hubert reserves the right to change from time to time the assortment of items offered on its product pages.  

    4. ACCOUNT Registration;  personal information
    In order to place an order through the Website, you may be required to register and create your online account.  In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
    Upon completion of your account registration on the Website, you will receive by email a one-time password, which will allow you to log in to your account on the Website and create a permanent account login and password.  You will also receive a second email summarizing the personal information you provided in registering for your online account.  You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. La Maison Hubert will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
    We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Website. Please refer to our Privacy Policy and clause 8 of these Conditions of Sale for more details about how we may use your personal information.
    Should any of the information you provide to the Client Relations Center or on the Website change, please login to your account and update such information directly on the Website.  Moreover, in the event that La Maison Hubert reasonably suspects that a third party has breached a customer's registration, password and/or account login, La Maison Hubert shall immediately cancel and terminate such account, and notify you by email or telephone.

    5. ORDERS
    When on the Website, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "Delete" next to the chosen product in the Shopping Bag. When you have completely reviewed your order, check the box next to “I accept” to indicate your agreement to be bound by these Conditions of Sale, and then click on the "Confirm and place order" button on the Website to place your order.
    When placing an order through the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details.  You warrant that all personal information given to La Maison Hubert is true and correct to the best of your knowledge.  La Maison Hubert or its third party providers may collect additional information at this time for security and anti-fraud purposes. 
    Notwithstanding anything to the contrary provided for herein, La Maison Hubert reserves the right to refuse, cancel and terminate orders at any moment in time. For example, La Maison Hubert may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if La Maison Hubert suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.

    6. PRICES, TAX AND SHIPPING COSTS
    All prices shown on the product pages of the Website are in CHF Swiss francs.
    La Maison Hubert reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website at the time La Maison Hubert provides you with a Confirmation of Order, will be honored by La Maison Hubert.
    Actual shipping costs and applicable taxes will be reflected on your order page before you are asked to confirm and place your order and will also appear on your Confirmation of Order and invoice (if you choose to receive an invoice). Delivery costs, if any, are described in the shipping policy set forth below.  Sales and use taxes will vary based on the location to which products are being shipped.  Delivery costs and sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
    The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order.  Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase.  If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

    7. REVIEW AND CONFIRMATION
    You should carefully check all details before placing your order through the Website, including without limitation the particulars of each sale, which will be provided by the Website.

    8. PAYMENT BY CREDIT CARD
    La Maison Hubert accepts the following credit cards: Visa, MasterCard, and American Express. 
    When ordering on the Website, you will need to enter your payment details on the appropriate form. 
    All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to La Maison Hubert, you will need to contact your card issuer directly to solve this problem, and La Maison Hubert will not be liable for any delay or non-delivery.
    In order to process your order, we may perform a pre-authorization of your credit card.  The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to La Maison Hubert, at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price.  By submitting an offer to purchase La Maison Hubert products on the Website, you expressly authorize La Maison Hubert to perform such credit card pre-authorization and, where La Maison Hubert deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
    La Maison Hubert takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.  La Maison Hubert uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit to the Website; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
    In order to secure your transaction and prevent fraud, La Maison Hubert will perform a credit card and anti-fraud check.  By placing your order, you will be deemed to have authorized La Maison Hubert to perform such checks and, where La Maison Hubert deems necessary, from time to time to transmit or obtain information that you have provided to La Maison Hubert about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.

    9. ACKNOWLEDGMENT OF ORDER
    Once you have placed your order on the Website, you will receive an Acknowledgment of Order by email acknowledging the details of your order.  
    This acknowledgement of your order is not an acceptance of your order.
    Following the transmission of the Acknowledgment of Order, La Maison Hubert will conduct its usual security and anti-fraud checks before processing your order.

    10. CONFIRMATION OF ORDER
    Upon shipment of your order, following completion by La Maison Hubert of its antifraud and security checks, La Maison Hubert will send you by email a written Confirmation of Order. The Confirmation of Order constitutes the acceptance of your order by La Maison Hubert and indicates the existence of a binding sales contract.

    11. COMPLIMENTARY services
    The following complimentary services will be proposed, free of charge, on the Website or by the Client Relations Center:
    11.1. Gift Wrap, La Maison Hubert Signature Box
    All packages are delivered gift wrapped, with the La Maison Hubert Signature Box.
    11.2. Gift Note
    You may personalize your order by adding a gift note printed by La Maison Hubert containing your message. If you have ordered several products, additional blank notes will be provided in the package that contains your order.

    12. SHIPPING POLICY
    We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii, the District of Columbia, France, Belgium, Italy, Spain, United Kingdom, Germany, Switzerland, and Hong Kong  Please note that La Maison Hubert does not ship to PO boxes or APO/FPO.
    Delivery costs will be assessed by La Maison Hubert and will be added to the price of the La Maison Hubert products themselves. The cost of delivery shall be calculated according to the purchase value of your order as indicated in these Conditions of Sale. 
    When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email or by fax. 
    We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:

    Delivery Type : STANDARD
    Provider : FedEx
    An estimated 5-7* days are required for delivery.
    Shipping cost is complimentary

    Delivery Type : EXPRESS
    Provider : FedEx
    An estimated 2 Business Days* are required for delivery.
    Shipping cost is CHF25

    Delivery Type : Overnight
    Please contact La Maison Hubert at info@la-maison-hubert.com. 
    * Shipping time is subject to stock availability. Special orders and orders shipping to Alaska and Hawaii are not eligible for Express Delivery. Standard Business Days are Monday through Friday. Saturday Delivery may be available in specific postal codes for an additional charge. For more information regarding Saturday Delivery, please contact info@la-maison-hubert.com.
    Please note that in exceptional cases, express delivery will be delayed if you have requested standard adjustment or engraving. In such cases, La Maison Hubert will contact you within 24 to 48 hours to propose other arrangements and refund charges associated with your express delivery.
    Each delivery package will contain, in addition to your purchased La Maison Hubert product: (I) all related accessories, if any, (II) a thank you card; (III) the document holder including the Product Manual, as applicable, and the Certificate of Authenticity and Warranty Card; (IV) these Conditions of Sale; (V) a printed gift note containing your message, if so requested by you when you place your order, and one additional blank note per additional product; (VI) the return form and pre-paid return label and (VII) the packing slip without price.
    When ordering products on the Website you, as the Customer, will have the option to choose whether you wish to receive an invoice to your email address or billing address by regular mail.  If you decide at this moment, or any time later, that would like to receive an invoice; you may do so by emailing info@la-maison-hubert.com. Please note that La Maison Hubert may request that you provide proper identification as a condition to complying with such request.  
    La Maison Hubert insures each purchase during the time it is in transit until it is delivered to you. We recommend a signature by an adult (“adult” being defined as persons of 18 (eighteen) years of age or older) to confirm your acceptance of each Van La Maison Hubert product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by La Maison Hubert and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

    13. RETURN policy
    In order to ensure your total satisfaction, a Customer or a recipient of a gift of La Maison Hubert products (a “Gift Recipient”) may return La Maison Hubert products in accordance with the return and exchange policy set forth below. Returns of La Maison Hubert products which are not in compliance with the conditions and timeframes set forth below may be rejected by La Maison Hubert and will be sent back to you.
    13.1. Return Period
    La Maison Hubert allows the Customer or the Gift Recipient to return La Maison Hubert Products purchased on the Website within seven (7) days of receipt of the product.
    13.2. Return Process
    Products that have been purchased on the Website may be returned to the La Maison Hubert distribution center, at the following address: Rue de la Corraterie 14, 1211 Geneva, Switzerland
    13.3. Conditions to Return a Product
    La Maison Hubert products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them. La Maison Hubert will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way. 
    All returns will be subject to strict Quality Control (QC) by La Maison Hubert to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, La Maison Hubert will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), La Maison Hubert will proceed with the applicable refund or exchange.
    13.4. Refunds and Merchandise Credit
    Should a product be returned to the La Maison Hubert distribution center, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund.
    Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer. In the case of a return to the La Maison Hubert distribution center, then if a Customer’s return complies with the return policy, La Maison Hubert will use reasonable efforts to credit the refund to the Customer’s credit card no later than thirty (30) days after receipt of the returned item by the La Maison Hubert distribution center.
    13.5. Exchanges
    Exchanges will not be accepted.
    13.6. Defective Products
    La Maison Hubert is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic. 
    If nevertheless you receive a product which seems to be damaged, you may return it to La Maison Hubert in accordance with the return policy. Upon receipt, La Maison Hubert may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective. 
    If your product is declared as defective by La Maison Hubert, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:
    I.          La Maison Hubert may send you the same product in the exact same size, subject to availability,
    II.         La Maison Hubert may propose an exchange for another La Maison Hubert creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
    III.        Only you, as the Customer, may request a refund of the full price of your initial purchase.

    14. GIFTS
    If you purchase a La Maison Hubert product as a gift for a Gift Recipient, you will have the option to request an invoice by emailing us at info@la-maison-hubert.com. If you choose to receive an invoice, La Maison Hubert will send such invoice to your email address or billing address by regular mail (La Maison Hubert will never send the invoice and payment details to the Gift Recipient).

    15. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
    WHILE LA MAISON HUBERT ENDEAVORS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR CATALOG OR BY THE CLIENT RELATIONS CENTER, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILITY AND COMPLETENESS OF SUCH INFORMATION.  LA MAISON HUBERT DOES NOT CONFIRM THE PRICE OF A LA MAISON HUBERT PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY LA MAISON HUBERT, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A LA MAISON HUBERT PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEBSITE, THEN LA MAISON HUBERT WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE LA MAISON HUBERT PRODUCTS DISPLAYED ON THE WEBSITE ARE AS ACCURATE AS POSSIBLE, LA MAISON HUBERT DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE.  ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.

    16. ENTIRE AGREEMENT
    The Conditions of Sale (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and La Maison Hubert regarding your purchase of La Maison Hubert products through the Website, and supersede any prior Conditions of Sale or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and La Maison Hubert in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Conditions of Sale.

    17. NO WAIVER
    No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

    18. GOVERNING LAW
    The Conditions of Sale shall be governed by and construed in accordance with the laws of Switzerland, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any La Maison Hubert product purchased through the Website will be resolved by binding arbitration, rather than in court, except that a Customer may assert claims in small claims court if the claims qualify.  
    Last Revised: November 28, 2017