terms and conditions
Terms and conditions
Welcome to our terms and conditions page. These terms and conditions apply to the use of this website and all policies and conditions associated with this website. By accessing this website and/or placing an order through the website or by phone, you agree to be legally bound by the terms and conditions displayed below. You shall not place an order until you have read and agreed to these terms and conditions.
Be sure to read this page before you order. Maison Tarbouche, at its discretion, may change, modify, and/or remove these terms and conditions at anytime and it is therefore important to read them each time you place an order. Please note that all the terms and conditions outlined in this page are in accordance with the EU Consumer Rights Directive.
1. Definitions
1.1. "Website" means the website located at this URL here https://www.maisontarbouche.com, or any subsequent URL that may replace it.
1.2. "Buyer" refers to the person and/or firm and/or company who buys or agrees to buy Good(s) from the Seller.
1.3. "Seller" refers to Maison Tarbouche.
1.4. “Good(s)” are the products or items purchased by the Buyer via the Website. They can be purchased on the Website by placing a regular order (for items in stock or ready to ship), or a pre-order (for 'Made to order' products).
1.5. "Availability" is the estimated delay before handcrafted 'Made to order products' are created, shipped in bulk to Seller warehouse in France, and dispatched for final delivery to the Buyer.
1.6. "Delivery Date" is the estimated date which the Good(s) will be delivered to the Buyer.
1.6. "Contract" refers to the legally binding agreement between the Buyer and the Seller for the sale and purchase of Good(s) on the Website, defined here in these Terms and Conditions.
1.7. “Content” means any text, photographs, picture or design on the Website.
1.8. “Party” or “Parties” refers to the parties in the Contract. The parties for the Contract are the Buyer and the Seller.
1.9. “Personal Information” refers to any sensitive data obtained from the Buyer.
2. General Terms
2.1. To place an order or a pre-order on the Website, the Buyer must have reached at least 18 years of age.
2.2. The Seller will treat each order for Good(s) as an offer from the Buyer to purchase subject to these Terms and Conditions.
2.3. A new Contract between the Buyer and the Seller is sealed every time the Buyer makes a purchase on the Website, and is formed when the Seller confirms to the Buyer that his order was accepted, and his payment was received.
2.4. The formation, existence, construction, performance and validity of the Contract shall be governed by French law and the Parties submit to the non-exclusive jurisdiction of the French courts.
2.5. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contract by any person that is not a Party to it.
2.6. If any provision of the Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable, or unreasonable it shall to the extent of such illegality, invalidity, voidability, unenforceability, or unreasonable be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect, provided the overall effect of the Contract is more or less the same.
2.7. Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
2.8. Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
2.9. Neither Party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, weather, accidents, war, fire, reduction in or unavailability of power at the Sellers’ / Suppliers’ premises or its manufacturing plant, breakdown of plant machinery or shortage or unavailability of raw materials from a natural source of supply, and the Party shall be entitled to a reasonable extension of its obligations. Provided that any event referred in this clause continues for a period in excess of 50 working days, the Buyer will be entitled to give notice in writing to terminate the Contract.
2.9.1. The Contract’s Content will be stored. You may store the general terms and conditions and readily look them up. We keep this information in confidence according to our privacy policy.
2.9.2. The Site is published by Maison Tarbouche, sole trader company registered in France under Registration n° 518 246 244 (VAT number: FR46518246244) which office is located at 9, Place de la Bataille de Stalingrad - Paris (75010), Fifth floor referred in this contract as the "Seller".
3. Damage To Your Computer
3.1. Except in the case of negligence on the Sellers part, the Seller will not be liable to any person for any damage or loss which may arise to computer equipment as a result of using this Website.
However, they cannot guarantee that use of the Website or any other Websites accessible through it will not cause damage to a computer. It is the Buyers responsibility to ensure that the right equipment is available to use the Website.
4. Website Content
4.1. Any picture, photographs, text or Content are the property of the Seller and no part of it may be reproduced. You may not copy, reproduce, republish, upload, post, transmit, or distribute any form of Content from the Website without obtaining formal written permission from the Seller. All trademarks, service marks and trade names are the property of the Seller. Infringement of any copyright or trademarks on this Website may lead to legal action against the infringer.
5. Accuracy Of Content
5.1. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification. The change of description of the Products might appear in the case when dimensions or color change.
5.2. Product photographs are for illustrative purpose only, and may not exactly match the product itself.
5.3. Each Product purchased is sold subject to its Product Specification which sets out additional Specific Conditions related to that Product including, without limitation, conditions concerning estimated avaibility or delivery time. The Seller will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the Website. Although the Seller aims to keep the Website as up to date as possible, the information including Product Specifications appearing on this Website at a particular time may not always reflect the position exactly at the moment the Buyer places an order. The Seller cannot guarantee the reliability or accuracy of the information contained within the Website pages.
5.4. Any additional items or illustrations in a product image are used for visual purposes only. None of these additional items or illustrations will be included with any order unless otherwise stated.
5.5. Any dimensions, colours, weights and capacities given about the Product(s) are only approximate.
5.6. The Seller, at its discretion, may change any Product price to take account of any increase or the imposition of any taxes or duties, or if due to an error or omission the price published for the Good(s) is wrong whether or not the order has been confirmed. The Seller will inform the Buyer of the correct price within 24 hours and give the Buyer the opportunity to cancel the Contract.
5.7. The Seller, at its discretion, may change the sale price of any listed special offer Product at any given time without notice. When the Buyer has placed an order for a special offer Product, then the Buyer will pay the price that is currently listed on the day that the order is processed by the Seller.
6. Made to order products
6.1. The Seller offers a collection of Good(s) which are made to order (‘Made to Order Products’). Made to Order Products will be marked as such in the product description on the product page on our website.
6.2. The Terms and Conditions set out in this paragraph apply to our Made to Order Products only.
6.3. Made to order products can be purchased by the Buyer only through placing a pre-order.
6.4. The Contract is formed once the Buyer receives an order confirmation e-mail notifying him that his pre-order was accepted and his payment received by the Seller.
6.5. Availability and delivery times for Made to Order Products are longer than standard times.
6.6. Pre-orders can only be cancelled if the Buyer submit his request within the next 8 working hours from the moment a pre-order was placed, Monday to Thursday.
6.7. Pre-orders placed after 1 pm on a Friday can be cancelled up till Monday as next working day, before 10 am.
6.8. Unless Made to order products received have visible defects or are not compliant with their product description or are damaged during transit, Made to order products are not entitled to our Return policy, and are not refundable in accordance with the EU Consumer Rights Directive.
7. Warranties & Liability
7.1. All Good(s) supplied by the Seller are guaranteed to have been screened through a thorow product quality control process including material quality, performance, color, textures and any other design features to ensure that they conform with every publicized property stated in the related product page and that it has no hidden defect. Made to order products that come with slight variations are expected and celebrated imperfections showing genuine evidence of unique handmade work.
7.2 The Seller offers no additional warranty options, yet it stays committed under these Terms and Conditions to provide a guaranted free return and full and refund or, if available, a standard exchange option for any order fulfilment discreptancy like faulty or damaged goods that the Buyer may receive.. In any such event, the Seller shall adhere to the clause 7.2.3
• 7.2.3. The Seller will process the Buyer's request and refund him within 14 working days of receiving the damaged products or within 14 days of approving the Buyer's claim.
7.3. The Seller shall not be liable for a breach of the warranty in clause 7.2. if:
• 7.3.1. The Buyer makes further use of the Good(s) after notifies the Seller and relevant photographic evidence of damage has been sent.
• 7.3.2. The damage arises as a result of willful damage, negligence, misuse, abnormal working or delivery conditions or failure to follow oral or written instructions as to the storage or use of the Good(s).
7.4. Subject to clause 7.2.3:
• 7.4.1.1. Return and refund of Good(s) is free of charge, including initial delivery and return shipping fees.
7.5. If the Seller complies with clause 7.4.:
• The Seller shall have no further liability in respect of such Good(s).
8. Payment
8.1. The Seller accepts most major credit cards including Visa, MasterCard, Delta, Electron and American Express. PayPal and Stripe payment is also accepted. Cash and cheque payments will not be accepted.
When the buyer places an order, the Buyer must provide their exact billing address and telephone number. Incorrect information will cause a delay in processing the order. This delay could be up to 5 working days or more. An order will only be processed once the Seller receives full payment from the Buyer. Payment must be made on the date of purchase. Product(s) will not be dispatched for delivery until full payment has been made and the order has been fully processed. The Seller reserves the right to obtain validation of your credit charge or debit card details before accepting the order. The Contract is not concluded until full payment is received and the Buyer has received the Product(s).
8.2. In the instance that the Buyer has underpaid and an order has been confirmed, the Buyer must pay the remaining balance due within 72 hours. Failure to do this will result in an additional charge of 6% of the purchased Good(s) total being added to the amount due for the original order.
8.3. In the instance that the Buyer has overpaid and an order has been confirmed, the Seller must refund the overpayment to the Buyer within 24 hours where possible.
8.4. If the Seller makes an error in the Confirmation or any invoice or any receipt the Seller will correct the error within 24 hours of being notified by the Buyer.
8.5. If Interest-free credit is selected, a contract is formed between the Buyer and our finance provider Klarna or Braintree.
Our Customer Care Agents are unable to offer advice regarding interest-free credit. For more information on the interest-free credit payment option, please visit directly our partners website
Queries related to this payment method must be directed to the Klarna Customer Care team at the following addresses or telephone numbers:
France
Phone number +33 (0)1 79 35 53 80 from Monday to Sunday 9am-9pm
33 rue La Fayette - 75009 Paris
United Kingdom
Phone number +44 (0)20 300 50833 from Monday to Saturday 9am-6pm
7th Floor - 33 Cavendish Square, London – W1G 0PW - UK
9. Availability
9.1. All orders are subject to acceptance and availability. When an order is placed, the Seller will send an order confirmation e-mail notifying the Buyer that his order was accepted and his payment received.
9.2. The indicated delays are 12 to 15 days for products in stock, 21 days for ready to ship products, 3 to 4 weeks, 5 to 6 weeks, 8 to 9 weeks or 12 weeks for pre-ordered products as showed in our Product(s) pages.
9.3. In case multiple Product(s) with different availability times are ordered simultaneously, the Buyer will have to wait until all desired Good(s) become available before for the Seller proceeds to delivery dispatch.
9.4. If the Buyer wishes to receive each product as soon as it becomes available, the Buyer will have to order each separately.
10. Price
10.1. All Product prices are inclusive of VAT at the current rates and are correct at the time of entering information.
10.2. Wherever it is not possible for the Seller to accept the Buyers order to buy Good(s) of the specification and description at the price indicated, the Seller will advise the Buyer by e-mail, offer to sell the Buyer the Good(s) of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
11. Delivery charges
11.1. Delivery charges vary according to delivery address location or the type of Good(s) ordered (ie; dimensions or weight).
11.2. In case multiple Product(s) are ordered simultaneously, the delivery charges indicated during checkout are based on a single delivery of all said Good(s) simultaneously.
12. Delivery
12.1. All Good(s) ordered will be delivered to the address specified by the Buyer.
12.2. Good(s) shall be deemed delivered once they are delivered to the address specified by the Buyer.
12.3. All deliveries must be signed for by the Buyer or by the person authorised to accept delivery of the Good(s).
12.4. Delivery lead times depend on the delivery option the Buyer chooses during purchase. They are expressed during checkout, and can only be considered as estimates.
Consequently, specific delivery dates cannot be guaranteed at the time you are placing your order.
Estimated lead times are to be considered after the Good(s) become available and ready for dispatch from the Seller warehouse to the courier service.
12.5. Note that if ordered Good(s) have different availability times, they will all be dispatched at the same time.
12.6. The Seller shall not be liable for any direct or indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Good(s).
12.7. The Seller will not remove existing pieces of furniture to help make room for newly delivered products. Likewise, old pieces of furniture will not be taken away unless already agreed with the Seller. The Buyer must take responsibility of organizing the removal and disposal of unwanted furniture.
12.8. We do not accept any blame or liability for customers removing or disposing of old furniture prior to delivery. We do advise that customers only dispose of old items after the new Good(s) have been delivered.
12.9. The Buyer will become the owner of Good(s) ordered when Good(s) have been delivered and paid in full to the Seller. Once Good(s) have been delivered to the Buyer, they will be held at the Buyers own risk and the Seller will not be liable for their loss, damage or destruction.
12.10. If the Buyer fails to accept delivery on the agreed delivery date due to his absence from the address or premises set for delivery, the Seller reserves the right to charge the Buyer to cover the cost of the failed delivery, and the cost of organizing a new delivery.
This charge depends on the weight and size of the item or location.
12.11. Deliveries made to business addresses will have the customers authority for anybody in the building to accept Good(s) on the Buyer's behalf.
We will accept no responsibility once Good(s) have been signed for at the requested address.
12.12. The Buyer must unpack Good(s) in front of the carrier and inspect the quality and the quantifty of Good(s) ordered. No further request for delivery default will be accepted.
12.13. If the Buyer agrees on a specific day for the delivery to take place and he fails to accept the Good(s), extra charges will be applied at his own expense.
12.14. When ordering furniture or other large items, extra attention to the measurements of the Product(s) is required to ensure it will fit where you intend to put it and that it is able to be delivered.
For the avoidance of doubt, it is the Buyer's responsibility to ensure that the ordered Product or Products can be delivered to the delivery address provided.
12.15. To ensure that your product can be delivered to the delivery address, it is the Buyer's responsibility to measure doorways and/or other entrance points applying a 5% tolerance to the dimensions stated in the product description on our Website. If the Product is not able to be delivered successfully because, for example, it cannot fit through the main entrance to the property and/or the internal doors/openings, the Buyer's will be responsible for the cost to return the product to us and/or the costs involved in organizing a second delivery attempt.
12.16. We reserve the right to apply re-delivery charges if a Product, including Made to Order product(s), cannot be delivered for any reason (including but not limited to someone not being available to sign for the order or because a Product cannot be delivered because of its size).
13. Delivery reception
13.1. The Buyer must imperatively check the package in the presence of the carrier.
13.2. This verification is considered to have been carried out once the Buyer, or a person authorized by him, has signed the delivery note.
13.3. If the package has been damaged or opened or the Product packaging is damaged, the Buyer must imperatively refuse it and note explicit reservations on the delivery note. The Buyer must report anomalies to Maison Tarbouche by telephone or via the contact form available on the Website at https://www.maisontarbouche.com/contactus.htm, and confirm reservations made on the received Good(s) that made him decide to refuse to accept the package.
Upon receipt of the returned package and after finding the damage, Maison Tarbouche will offer either the exchange of the Product, or a purchase voucher or full refund of the damaged Product.
14. Damaged Good(s)
14.1. If damaged Good(s) are delivered to the Buyer, then the Buyer is required to do the following;
•14.1.1. Notify the Seller and the carrier at the time of delivery and;
•14.1.2. Take photographic evidence of the damage and;
•14.1.3. Send the photographic evidence to the Seller via e-mail
14.2. Provided the Buyer has adhered to clauses 14.1.1., 14.1.2., 14.1.3., 6.2. and 6.3. the Seller will:
•14.2.1. Replace the damaged Good(s) within 14 working days if available, unless any reasons beyond the control of the Buyer prevent it.
•14.2.2. If a standard replacement product is not available, the Seller will take on his complete charge the cost of returning the product and refund the full paid price to the Buyer (including the delivery fees paid for receiving the product).
15. Cancellation rights
15.1. Unless Made to order products were pre-ordered , the Buyer has the legal right to cancel the Contract and return Good(s) within 14 working days of the Buyer receiving them under EU Consumer Rights Directive.
The Buyer does not need to give the Seller any reason for canceling the Contract nor will the Buyer have to pay any kind of penalty. However, the Buyer must notify the Seller in writing or in any other durable medium, send photographic evidence of the said Good(s) and return them by following the instructions indicated to him by the Seller after his return and refund request has been approved in writing or in any other durable medium.
15.1.1. The Buyer shall bear the cost of returning the unwanted Good(s) to the Seller.
Only in case of a partial return, the Seller will bear the cost of the returned goods.
15.1.2. The return cost depends on the weight, size of the item or on the Buyer's address location.
15.2. The Contract can be cancelled if the Buyer cancels a pre-order he placed within the next 8 working hours from the moment said pre-order was placed, Monday to Thursday.
• 15.2.1 Pre-orders placed after 1 pm on a Friday can be cancelled up till Monday as next working day, before 10 am.
15.3. The Buyer cannot cancel the Contract after the ordered Good(s) have been prepared for delivery if in they are available in stock, or after they have been dispatched for delivery.
15.4. The Contract cannot be cancelled if Good(s) have been used. It must be 'as new' in their original packing.
15.5. The Seller reserves the right to cancel the Contract if one or more of the Good(s) ordered was listed at an incorrect price or quantity due to a typographical error or an error in the information received by the Seller from the Supplier(s).
15.6. Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed under http://ec.europa.eu/consumers/odr/
16. Privacy & Cookies
Our privacy policy sets out how we will use your information. By using this Website, you consent to the processing described therein and you warrant that all data provided by you is accurate and up to date. Access our Privacy policy by clicking here.