Terms of Sales
- Article 1 - Completeness
The General Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website www.notmadame.com and will prevail, as the case may be, over any other version or any other contradictory document.
Not Madäme and the Client agree that the General Conditions exclusively govern their contractual relations. Not Madäme reserves the right to modify from time to time some of the provisions of the General Conditions, which will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
The General Conditions are valid for the duration of the online publication of the products offered by Not Madäme.
- Article 2 - Content
The purpose of the General Conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by Not Madäme to the Customer, from the website www.notmadame.com.
The General Conditions concern purchases delivered exclusively on French territory or on the territory of the countries listed Belgium, Germany, Luxembourg, Netherlands, Andorra, Austria, Ireland, Italy, Portugal, Spain, United Kingdom, Czechia, Denmark, Estonia , Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Sweden, Switzerland, Bulgaria, Croatia, Cyprus, Finland, Greece, Malta, Romania, Iceland, Norway, Algeria, Morocco, Tunisia, Argentina, Bahamas, Brazil, Mexico, States -United, Canada, Cuba, Egypt, Israel, Kuwait, Lebanon, Qatar, Saudi Arabia, South Africa, United Arab Emirates, New Zealand, Australia, China, Hong Kong SAR, Japan, Singapore, South Korea.
These purchases concern the following products: women's ready-to-wear, leather goods, jewelry, gift cards.
The Customer declares to have read the General Conditions and to have accepted them before placing his order. In this regard, they are enforceable against it in accordance with the terms of Article 1119 of the Civil Code.
- Article 3 - Pre-contractual information
The Customer acknowledges having communicated, prior to placing his order and concluding the contract, in a readable and understandable manner, the General Conditions and all the information listed in Article L. 221-5 of the Code of the consumption.
The following information is sent to the Customer in a clear and understandable manner:
- the essential characteristics of the good or service;
- the price of the good or service;
- the date or deadline at which Not Madäme undertakes to deliver the goods, regardless of their price;
- information relating to the identity of Not Madäme, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees and other contractual conditions.
Not Madäme communicates the following information to the Customer:
- its name or corporate name, the geographic address of its establishment and, if it is different, that of the registered office, its telephone number and its e-mail address;
- the terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for handling complaints;
- the existence and modalities of exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and the after-sales service respectively referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code.
- Article 4 - The command
The Customer has the possibility to place his order online on the website www.notmadame.com accessible 24/7.
The order is made from the online catalog and using the form therein, for any product, within the limits of available stocks.
In case of unavailability of an ordered product, the Customer will be informed by e-mail.
For the order to be validated, the Customer must accept, by clicking in the place indicated, the General Conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after sending the Customer confirmation of acceptance of the order by Not Madäme by e-mail ;
- and after receipt by Not Madäme of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
In certain cases, in particular non-payment, incorrect address or other problem on the Customer's account, Not Madäme reserves the right to block the order ofu Customer until the problem is resolved.
The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and final.
For any question relating to the follow-up of an order, the Customer must call
(phone number coming soon) or write on the Contact form of the site:
- Article 5 - Electronic signature
The online supply of the Customer's bank card number and the final validation of the order will constitute proof of the Customer's agreement:
- payment of amounts due under the order form,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the Customer is invited, as soon as this use is observed, to contact the Not Madäme https://notmadame.com/pages/nous-contacter
- Article 6 - Order confirmation
Not Madäme provides the Client with a copy of the contract, on paper signed by the parties or, with the Client's agreement, on another durable medium, confirming the express commitment of the parties.
- Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of Not Madäme under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. LThe archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
- Article 8 - Product information
The products governed by the General Conditions are those which appear on the website www.notmadame.com and which are indicated as sold and shipped by Not Madäme. They are offered within the limits of available stocks.
The products are described and presented by Not Madäme on the website www.notmadame.com with the greatest possible accuracy.
Not Madäme takes the greatest care in putting online information relating to the essential characteristics of the products, in particular by means of technical descriptions from its partners and suppliers and photographs illustrating the products, within the limits of the technique and within compliance with the best market standards. The information communicated on the product sheet mentions in particular the essential characteristics of the products (color, description, composition, size) and their price including VAT (all taxes included).
However, if errors or omissions may have occurred in this presentation, the responsibility of Not Madäme could not be engaged.
The photographs of the products are not contractual. Indeed, the photographs cannot ensure a perfect similarity with the product offered for sale, in particular as regards the colors. The differences between the photographs and the products can in particular result from the quality of the photographs, from the difficulty of making the rendering of the materials appear on the screen. These differences can not be interpreted as lack of conformity and result in the cancellation of the sale. In the event of a manifest error or insignificant omission between the characteristics of the product and its representation and / or its description, Not Madäme cannot therefore be held liable.
The measurements of the articles are only given as an indication if they appear there.
Not Madame cannot be held responsible for the use of items if they have been worn or washed.
- Article 9 - Price
Not Madäme reserves the right to modify its prices at any time but s’Undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.
The prices are indicated in euros and all taxes included. They take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
On the other hand, the prices do not take into account the delivery costs, invoiced in addition, indicated as and when the products are selected and before the validation of the order.
Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.
If an incorrect, obviously base or derisory price is displayed, for whatever reason (computer bug, manual error, technical error, etc.), the order may be canceled by Not Madäme. In this case, all the sums paid by the Customer will be reimbursed to him within a maximum period of seven days.
- Article 10 - Payment method
This is an order with an obligation to pay, which means that placing the order involves payment from the Customer.
To pay for his order, the Customer has his choice of all the payment methods made available to him by Not Madäme and listed on the site Internet www.notmadame.com. The Customer guarantees to Not Madäme what"He has the necessary authorizations to use the payment method chosen by him, when validating the order form. Not Madäme reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. Not Madäme reserves the right in particular to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
Not Madäme has implemented an order verification process to ensure that no one is using another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send by fax to Not Madäme a copy of a piece of'Identity as well as proof of address. The order will then only be validated after receipt and verification by Not Madäme parts sent.
Payment of the price is made in cash when ordering, as follows: CB (Visa, Mastercard, Bancontact, American Express), gift card sold on our site (valid for 6 months) or Apple Pay.
Payments made by the Client will only be considered final’After effective collection of the sums due, by Not Madäme.
- Article 11 - Product availability - Refund - Resolution
In the event of unavailability of the product ordered or of a defect noted by Not Madäme on the product, the Customer will be informed by email within 5 days from the date of the order. The Customer will be refunded the price of the deleted product no later than 30 days after payment of the price,
If the Customer is interested in a product that is out of stock, it is possible for him to enter his address in order to be notified of its return in stock.
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the website www.notmadame.com, the shipping times will be, within the limits of available stocks, those indicated in article 12 of our GTC.
In the event of non-compliance with the agreed delivery date or deadline, the Customer must, before terminating the contract, order Not Madäme to execute it within a reasonable additional time.
In the absence of performance at the expiration of this new period, the Customer may freely terminate the contract.
The Customer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered as resolved upon receipt by Not Madäme letter or l’Writes informing him of this resolution, unless the trader has complied in the meantime.
In this case, when the contract is terminated, Not Madäme is required to reimburse the Customer of the total amount paid, at the latest within 14 days of the date on which the contract was terminated.
In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
- the legal interest rate if the repayment is made no later than 10 days after the expiry of the 14-day period set out above,
- 5% if the delay is between 10 and 20 days,
- 10% if the delay is between 20 and 30 days,
- 20% if the delay is between 30 and 60 days,
- 50% between 60 and 90 days,
- and an additional five points for each new month of delay up to the price of the product, then the legal interest rate.
- Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the Not Madäme banking organization.
The products are delivered to the address indicated by the Customer on the order form, the Customer must ensure its accuracy. Any package returned to Not Madäme because of an incorrect or incomplete delivery address or an unrecovered package will either be reshipped at the Customer's expense or processed in returns. The return will then be processed, the order refunded without shipping costs.
If the package is refused, the shipping costs will be deducted.
If the order benefited from the free shipping costs and the package is not collected within the time limit, the amount of the shipping costs will be deducted.
Deliveries are possible exclusively in mainland France, Corsica and Monaco as well as on the territory of the listed countries Belgium, Germany, Luxembourg, Netherlands, Andorra, Austria, Ireland, Italy, Portugal, Spain, United Kingdom, Czech Republic, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Sweden, Switzerland, Bulgaria, Croatia, Cyprus, Finland, Greece, Malta, Romania, Iceland, Norway, Algeria, Morocco, Tunisia, Argentina, Bahamas, Brazil, Mexico, United States, Canada, Cuba, Egypt, Israel, Kuwait, Lebanon, Qatar, Saudi Arabia, South Africa, United Arab Emirates, New Zealand, Australia, China, Hong Kong SAR, Japan, Singapore, South Korea . Deliveries cannot be made on Sundays and public holidays.
Delivery will take place within the time limits indicated on the order confirmation sent by Not Madäme. to the client. Deadlines d"Shipment begins on the date of registration of the order indicated on the order confirmation email.
Not Madäme undertakes to implement all necessary means to meet the delivery deadlines indicated. In the event of elements external to its will (in particular bad weather, periods of strong influence on the Site or force majeure as defined in Article 17), delivery times may be extended. In the event that Not Madäme is informed of a late delivery, it undertakes to notify the Customer as soon as possible.
Any additional costs may be requested according to the legislation of the countries (except France) in force (customs duties, taxes etc.) during the delivery. Not Madäme cannot be held responsible for these possible additional costs.
The Customer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If at the time of delivery, the original packaging is damaged, torn, opened, the recipient of the order must then check theCondition of items. If they have been damaged, the recipient of the order must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The recipient of the order must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products ...).
This verification is considered to have been carried out when the recipient of the order, or a person authorized by him, has signed the delivery note.
The Customer must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the item (s) and send a copy of this letter by fax or simple mail to Not Madäme at the address indicated in the mentions. legal rights of the site.
If the products need to be returned to Not Madäme, they must be the subject of a return request to Not Madäme within 7 days of delivery. Any complaint made after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
The products ordered are delivered as follows:
1time option: lhome delivery through Colissimo or Chronopost
The delivery times are, as an indication, the following:
- the delivery time by Colissimo or Colissimo signature is on average 3 working days.
- Mondial Relay delivery time is on average 4 to 9 working days.
- Chronopost delivery time is on average 1 to 2 working days.
The international delivery times are, as an indication, as follows:
- Mondial Relay delivery time is on average 4 to 9 working days.
- Chronopost delivery time is on average 2 to 6 working days.
As part of a delivery by Colissimo, Colissimo signature or Chronopost, the package is delivered to the home and delivered to the recipient of the order who is invited to sign the receipt given on delivery (for the Colissimo Signature and Chronopost option). This signed receipt for the options mentioned is proof of delivery by Not Madäme, and of receipt, by the recipient of the order, of the products ordered.
The carrier's online tracking using the number provided by email to the Customer is proof of delivery for the standard Colissimo option. No dispute relating to the delivery itself is possible if the package appears to have been delivered, the carrier's register being proof.
The standard Colissimo option (without signature) does not allow the opening of a complaint if the package is displayed delivered but not received.
In the event of absence on the day of delivery, the recipient of the order receives a transit advice note to present at the place indicated in this transit advice note, provided with a valid identity document in order to collect the package and this, in a period of fifteen days.
If the recipient of the order is unable to collect the package within the time period indicated on the delivery notice, the package is returned to Not Madäme. If the Customer wishes, a second delivery can be made at his expense. If the Package is returned to Not Madäme and the Customer does not request a second delivery, the Customer will be reimbursed for the amount of the items by any means, at Not Madäme's choice, within fourteen days of receipt of the package by Not Madäme.
2th option: delivery to a relay point by Mondial Relay
Delivery to a relay point allows the Customer to have their package delivered to the relay point that they have selected when ordering.
This option is available for deliveries to mainland France and Belgium.
Packages are delivered within an average of 4 to 9 working days.
The Customer receives an email or text message informing him of the availability of his order at the desired pick-up point. The Customer must then collect their package within the time period provided by the carrier (see: https://www.mondialrelay.fr/envoi-de-colis/conditions-generales-de-vente/ ) in the email or sms, which runs from receipt of the email or sms.
In order to collect his parcel, the Customer must present the aforementioned email or text message and his valid identity document.
In the event of withdrawal by a third party, the latter must be provided with a valid identity document, a copy of the identity document of the recipient of the order as well as the order number.
After the deadline indicated in the email or sms received, the package will be returned to Not Madäme. The Customer will then be reimbursed for the amount of his order and the delivery costs.
- Article 13 - Delivery errors
The Customer must formulate with Not Madäme on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error. Any complaint made after this deadline will be rejected.
The complaint can be made, at the choice of the Customer:
- phone number: Coming soon;
- e-mail address via the site contact form: https://notmadame.com/pages/nous-contacter
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release Not Madäme from any liability vis-à-vis the Customer.
In the event of a delivery error, any product to be reimbursed must be returned to Not Madäme as a whole and in its original packaging, by Colissimo Recommended or Mondial Relay to the following address: STOCK AZ POUR NOT MADAME, RUE DU NAURON , 79180 CHAURAY.
Return costs are the responsibility of Not Madäme only if the customer contacts the after-sales service team to request a return label. If the customer decides to ship the package on their own, Not Madäme will not reimburse any return costs.
Article 14 - Risk transfer
The products remain the property of Not Madäme until full receipt of the price. The risks of loss and deterioration of the products are transferred at the time of delivery.
Article 15 - Guarantee legal compliance and legal warranty against hidden defects
Not Madäme, whose head office is located at 9, rue Champollion - 75005 Paris, guarantees the conformity of the goods with the contract, allowing the Customer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code or the warranty against defects in the item sold within the meaning of Articles 1641 and following of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the Customer has a period of 2 years from the delivery of the goods to act;
- the Customer can choose between repair and replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- the Customer is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
In addition, it is recalled that:
- the legal guarantee of conformity applies independently of any commercial guarantee granted;
- the Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale and a reduction of the price in accordance with article 1644 of the civil code.
The Customer is expressly informed that Not Madäme notIt is not the producer of all of the products presented within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.
- Article 16 - Right to retract
In accordance with the provisions of the Consumer Code, the Customer has'' a period of 14 working days from the date of delivery of his order to exercise his right of withdrawal on any article that does not suit him (with the exception of masks sold in bulk and articles inseparable from other articles) and request reimbursement without penalty, with the exception of return costs which remain the responsibility of the Customer.
Beyond this 14-day period, the Customer can no longer exercise his right of withdrawal.
Products must be returned in their original packaging and in perfect condition within 14 days of notification to Not Madäme of the withdrawal decisionu Client.
All packages whose stamp shows a date greater than 14 days following the notification of withdrawal will be refused. It is recommended to return the products in tracked parcel.
This right of withdrawal is excluded for masks sold in bulk, for sanitary and hygienic reasons, as well as for articles inseparable from other articles.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the delivery slip received in the package.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal must be exercised online, using the withdrawal form available on the website www.notmadame.com. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer. This online form and available on the website www.notmadame.com is unambiguous and expresses the desire to withdraw for the Customer once validated.
If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the delivery costs are reimbursed if the complete order is returned. The reimbursement of shipping costs is made up to the cheapest delivery option offered.
Return costs are the responsibility of the Customer.
The refund will be made within 14 days of receipt, by Not Madäme, of the products returned by the Customer under the conditions provided above on the means of payment initially used. gift, the reimbursement is fully credited to the latter as a priority. Gift cards are not refundable.
- Article 17 - Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered to be force majeure or fortuitous events, in addition to those usually retained by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, epidemics, pandemics, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the General Conditions may be terminated by the injured party.
- Article 18 - Intellectual property
The content of the website www.notmadame.com (technical documents, drawings, photographs, etc.) remains the property of Not Madäme, the sole holder of the intellectual property rights on this content.
The Customer agrees not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
- Article 19 - Computing and Freedoms
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data provided by the Customer are necessary for the processing and delivery of his order, as well as the preparation of invoices and warranty contracts.
These data can be communicated to the partners of Not Madäme responsible for the execution, processing, management and payment of orders.
Processing of information communicated through the website www.notmadame.com meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website. www.notmadame.com.
- Article 20 - Partial non-validation
If one or more stipulations of the General Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope.
- Article 21 - No waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in the General Conditions cannot be interpreted for the future as a waiver of the obligation in cause.
- Article 22 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
- Article 23 - Contract language
The General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
- Article 24 - Applicable law
The General Conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules as for the rules of form.
- Article 25 - Disputes - mediation
In the event of a dispute or complaint, the Customer sWill address in priority to the after-sales service of Not Madäme to obtain an amicable solution by contacting him at: email@example.com.
In the event of a complaint not resolved amicably by the Not Madäme after-sales service, the Customer may resort to conventional mediation by contacting the mediation service: Coming soon
At European level, the Customer can turn to the online consumer dispute resolution platform made available by the European Commission accessible at the following address: http://ec.europa.eu/consumers/odr/.
APPENDIX 1 - Provisions relating to legal guarantees
Reminder of the provisions of the Consumer Code:
Article L 217-4 of the Consumer Code:
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L 217-5 of the Consumer Code:
To be in conformity with the contract, the good must:
1) Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L 217-12 of the Consumer Code:
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Reminder of the provisions of the Civil Code:
Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given only a lower price, if he had known them.
Article 1648 paragraph 1er of the Civil Code:
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.