GENERAL TERMS AND CONDITIONS OF SALE

Article 1: Legal Information
These General Terms and Conditions of Sale are entered into between:

The company MAMAÏ SARL, with a share capital of €1,000, whose registered office is located at 39 Allée Albéniz, 13008 Marseille, France, registered with the Marseille Trade and Companies Register under number 942208596 (hereinafter referred to as “MAMAÏ”),
And
Any natural person accessing the website www.mamai-couture.com and wishing to purchase MAMAÏ Couture products (hereinafter referred to as the “Customer”), acknowledges using the website accessible at the following address: www.mamai-couture.com.

These General Terms and Conditions of Sale aim to define the terms governing distance selling between MAMAÏ and the Customer, from order placement to payment and delivery. They regulate the entire ordering process and ensure the proper management of the contractual relationship between the parties.

The Products are sold exclusively to end customers, natural persons acting for strictly personal and non-commercial purposes, to the exclusion of any reseller or intermediary acting on behalf of third parties.
The Customer declares that they are acting as a consumer and have no intention of reselling the Products for commercial purposes.
The Customer certifies that they have the legal capacity required to enter into these General Terms and Conditions of Sale.
Placing an order implies prior and irrevocable acceptance of these General Terms and Conditions of Sale.
Customer service email address: sales@mamai-couture.com
Article 2: Specific Conditions of Sale
The Products offered by MAMAÏ are crafted with the utmost care, exclusively to order.
MAMAÏ adopts a responsible production approach, which involves producing only the items ordered, whilst adhering to the stated delivery times, using selected materials and respecting the environment. This approach ensures sustainable manufacturing, in line with the brand’s commitments.
The Customer acknowledges having read, at the time of placing the order, the specific terms and conditions of sale set out, in particular regarding delivery times, prices, colours, materials and the composition of the Products, and expressly declares that they accept them without reservation.
Article 3: Products
In accordance with Article L. 111-1 of the French Consumer Code, MAMAÏ displays on the Website the Products offered for sale, together with their key features.
The Customer has the opportunity to review the key features of the Products they wish to purchase before placing a final order.
Photographs of the Products are provided for illustrative purposes only. They are not contractually binding. The same applies to the descriptive texts accompanying the Products.
Article 4: Order Registration and Confirmation
MAMAÏ confirms receipt of an order via an email entitled ‘Order Confirmation’.The sale will only be finalised upon the sending of an email entitled ‘Order Dispatch’, no later than three working days after the order has been placed.MAMAÏ reserves the right not to confirm an order in the event of:
product unavailability, delivery difficulties, previous disputes, incomplete or irregular payment.
In such cases, the customer will be informed within five working days and refunded immediately or contacted for further information.
In the event of partial unavailability, the available products will be dispatched.
Article 5: Prices
The prices shown on the Website are quoted in euros, inclusive of all taxes (VAT included), and are valid at the time the Customer confirms their order.
MAMAÏ reserves the right to change its prices at any time without notice, on the understanding that Products will be invoiced on the basis of the prices in force at the time the order or pre-order is placed.
The prices shown do not include delivery charges, which are invoiced as an additional charge and specified to the Customer prior to the final confirmation of their order or pre-order.
Prices include the VAT applicable on the day of the order or pre-order. Any change in the VAT rate will be automatically reflected in the price of the Products offered on the Website.
Payment of the full price is due at the time of the order or pre-order. The sums paid shall under no circumstances be considered as deposits or down payments.
Prices are guaranteed subject to obvious typographical or display errors.
For orders shipped outside the European Union, prices will be calculated excluding customs duties and import charges. In this case, the Customer is considered to be the importer of the Products. Any customs duties, import taxes or other charges relating to the entry of the Products into the country of destination are the responsibility of the Customer. It is the Customer’s responsibility to check with the relevant authorities before confirming their order.Article 5: Payment Terms and Security
Payments are processed via Stripe.
Accepted methods: credit card, Apple Pay, Google Pay.
Transactions are secured via SSL protocol.
Article 6: Payment methods and security
All payments are processed via Stripe. Orders placed on the website www.mamai-couture.com can be paid for by:
• – credit card: Carte Bleue/Visa/Eurocard/Mastercard/Maestro/American Express
• – Apple Pay
• – Google Pay
Payments are secured using SSL encryption. MAMAÏ never stores any bank details.
Article 7: Orders and Pre-orders
Any order or pre-order is considered final once the Customer clicks on the ‘Place my order’ button.
Confirmation of the order or pre-order implies full and unconditional acceptance of these terms and conditions of sale, as well as of the essential characteristics of the Products.
As soon as the order or pre-order is registered, MAMAÏ will send the Customer a confirmation email summarising the order (Products, price, delivery date, quantities, colours). The Customer expressly agrees to the use of email for the confirmation of their order details.
Invoices are sent to the Customer, in particular upon delivery or electronically.
In the case of a pre-order, any sums paid in advance by the Customer do not constitute a deposit within the meaning of Article 1590 of the Civil Code.
Article 8: Property retention
The products remain the property of MAMAÏ until full payment has been received.
Article 9: Delivery Terms and Timeframes
Delivery times are specified at the moment of placing the Order. These are indicative times, expressed in working days, and correspond to average processing and delivery times.
The Customer accepts that, in the case of a Pre-order, the delivery time will be extended. The estimated delivery time is shown on the product page at the time of purchase and in the order confirmation email. The delivery time depends on the time required for manufacture and the production volume of all pre-ordered products.
Orders are shipped via DHL Express. Delivery is considered complete upon receipt of the Products by the Customer from the shipping company, as recorded by the tracking system used by the company.
Article 10: Right of Withdrawal
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) clear days from the date of receipt of the Products to exercise their right of withdrawal, without having to provide any reason.
This period begins on the date the Customer receives the Products.
The Customer must enclose with their request for withdrawal a copy of the invoice or any other document enabling the relevant order and its holder to be identified.
Only the Customer identified as such by MAMAÏ may exercise this right.
Exchanges and refunds are accepted only for Products returned in their original condition, unworn, unwashed, with their labels attached and accompanied by their original packaging.
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply, in particular, to purchases of goods made to your specifications or clearly personalised, or to goods which you have unsealed and which cannot be returned for reasons of hygiene or health protection. Return costs: unless the product received is faulty, return costs are the responsibility of the customer. Customised or personalised products cannot be returned or exchanged.
Article 11: Personal Data
MAMAÏ collects the personal data necessary for the processing, tracking and delivery of orders, as well as for issuing invoices.
MAMAÏ commits to taking all necessary measures to ensure the protection, confidentiality and security of personal data, in accordance with current regulations, in particular the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation (GDPR) of 27 April 2016.
Contact: sales@mamai-couture.com
Article 12: Intellectual Property
The Website and all its content (text, images, designs, logos, trademarks) are protected by French and international intellectual property laws.
Any reproduction, representation or use, in whole or in part, without the prior authorisation of MAMAÏ, is strictly prohibited.
The creation of links to the website www.mamai-couture.com is subject to prior authorisation from MAMAÏ.
Article 13: Legal Guarantees
In the event of a defective Product, the Customer is entitled to the statutory guarantees in force.
MAMAÏ is bound by the statutory guarantee of conformity (Articles L.217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).
Under the statutory guarantee of conformity, the Customer has a period of two years from the date of delivery to take action and may request the repair or replacement of the Product, subject to the conditions laid down by law.
The Customer may also invoke the warranty against hidden defects and choose between cancellation of the sale or a price reduction.
These warranties apply independently of any commercial warranty that may be offered.
Article 14: Governing Law
These general terms and conditions of sale are governed by French law.
Should the Customer have any questions or require further information regarding these terms and conditions, they may contact MAMAÏ at the following address: info@mamai-couture.com
In the event of a dispute concerning the validity, interpretation, performance or termination of these terms and conditions, and in the absence of an amicable resolution, the French courts shall have exclusive jurisdiction, in accordance with the applicable legal provisions.