Terms of use

4. ORDER

 4.1 Placing an order

Orders are placed in French and in € (Euros). All Orders may be placed by the Buyer directly on the Site and are subject to payment. For all Orders, the Buyer is responsible for all telecommunication costs incurred when accessing the Internet and using the Site. All the steps required to place an Order are indicated on the Site. 

 Prior to the first Order, the Buyer must create an account on the Site. This account can be accessed at any time by the Buyer by means of his/her login details (e-mail address and password).

When placing an Order, the Purchaser agrees to provide the information requested (by opening a Customer account for the first Order and/or by completing an Order form for each Order) and undertakes to ensure the accuracy of such information. 

Any Purchaser validly registered on the Site will be bound by any Order, definitively validated, having required the entry of his/her e-mail address and personal password, subject to the right of withdrawal defined herein. 

In the event of prolonged inactivity during the connection, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Buyer will be invited to resume his selection of Products from the beginning.

Pursuant to the provisions of article 1127-1 of the French Civil Code, the Buyer will have the opportunity, before definitively confirming his Order, to return to the previous pages and correct and modify his Order and the information previously provided before confirming it to express his acceptance.

The Vendor cannot be held responsible for any data entry errors made by the Buyer, nor for any consequences in terms of late or incorrect delivery. In such cases, the Buyer will be responsible for any costs incurred by reshipment.

 

4.2 Order confirmation

Order confirmation is carried out in accordance with the provisions of the French Consumer Code using the "double-click" process.

The "double click" process consists of :

- a first click to place the Product in the basket;

- a second click to validate the basket after having been able to check the contents of the Order and modify, if necessary, the contents of the basket and the information relating to the payment and delivery of the Order.

It is specified that the validation of the Order obliges the Buyer to pay immediately for his Order. Once the Purchaser has validated the Order by "double-clicking", an e-mail acknowledging receipt of the Order and containing all the above information will be sent to the Purchaser as soon as possible, and at the latest at the time of delivery. The Purchaser must therefore provide a valid e-mail address when filling in the identity fields.

Any Order validated by the Buyer through the "double-click" process (double validation) constitutes an irrevocable acceptance which may only be challenged within the limits set out in these GTS. In particular, any Order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale. 

The Vendor reserves the right to suspend or cancel any Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders or Subscription subscriptions.

 

4.3 Pre-ordering

Certain Products may be offered for Pre-Order on the Site before their official release date. 

The Customer may place a Pre-Order, it being understood that he acknowledges having read the indication of the release date announced at the time of opening the Pre-Order phase.

As we are solely responsible for the marketing of our Products, the Seller reserves the right to modify this release date at any time.

In the event that certain Products are pre-ordered on the Site, the pre-order will be paid for in the same way as a standard order, independently of the rest of the basket, which may contain other standard-order items. Only delivery is deferred to the announced release date.

Delivery of the Product will be effective a few days after the official release date.  

 

5. PRODUCT PRICES AND PAYMENT

 

5.1 Prices

The Products are supplied at the prices in force on the Site at the time the Order is registered by the Vendor. Prices are expressed in euros, exclusive of tax and VAT, and exclude delivery charges, which remain the responsibility of the Buyer unless otherwise specified. In particular, the price does not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to placing the order.

The price does not include any Product not intended for sale. 

Prices take into account any discounts granted by the Seller on the Site. These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Vendor reserving the right, outside this period of validity, to modify prices at any time.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges. An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

The Vendor reserves the right to modify the prices of the Products presented on the Site. In any event, the Products will be invoiced to the Buyer on the basis of the prices in force at the time the Order is validated.

 

5.2 Terms of payment

All Orders are payable in euros, and purchases are paid for online using the Customer's bank card or Paypal account. The full amount indicated on the Order summary is debited from the Customer's account on the day the Order is placed, or on the first payment due date in the case of payment in several instalments with our partner Alma (French bank card and for a basket of between €150 and €2000).

Orders can be paid for in instalments via Alma, at no cost to the customer. By ordering through Alma, you accept Alma's general customer terms and conditions, as well as special Alma terms and conditions for Make My Lemonade customers.

The Buyer warrants to the Vendor that he/she is fully authorized to use the payment card (single or multiple purchase) or Paypal account for the payment of his/her Order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his/her Order on the Site. The Vendor may not be held liable for any fraudulent use of the means of payment used. The Vendor reserves the right to suspend or cancel any Order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Buyer or in the event of a payment incident.

The different methods of payment accepted for Orders on the Site are as follows:

- Payment by credit card (Carte Bleue, Visa, Mastercard) ;

- Payment by credit card in instalments (Alma)

- Payment by Paypal account.

The data provided for credit card payment is processed securely by Paypal. The Vendor has no access to these bank details, and does not store them on its servers: for this reason, these details are systematically requested again for any new transaction on the Site. 

The Vendor reserves the right to refuse to make a delivery or to honour an Order from a Buyer who has not paid in full or in part for a previous Order, or with whom a payment dispute is in progress. 

In all cases, the online provision of the credit card number and the final validation of the Order shall constitute proof of the completeness of the said Order in accordance with article 1366 new of the French Civil Code, and shall constitute payment of the sums incurred by the seizure of the Products appearing on the Order form. This validation constitutes signature and express acceptance of all operations carried out on the Site. Computerized registers, kept in the computer systems of the Vendor and its partners under reasonable security conditions, will be considered as proof of communications, Orders and payments between the Buyer and the Vendor. Purchase orders and invoices will be archived on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1379 al. 2 new of the French Civil Code.

 

6. DELIVERY

 

6.1 Delivery zones

The Products are offered worldwide, subject to the impossibility of delivery by the Seller.

For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

 

6.2 Delivery methods and dates

When placing an Order, the Buyer may choose between :

- delivery to a relay point by Mondial Relay ;

- home delivery by Colissimo 

- picking up the Order at the company's head office. In this case, the Buyer will not have to pay any delivery charges. The deadline for collecting the Order is one month from the date of the Order, failing which the Order will be reimbursed and cancelled within thirty (30) days. 

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified below. The Customer may check the status of his Order on the "My Account" section of the Site and track his parcel on the carrier's websites using the tracking number that will be sent to him electronically once the transaction has been successfully completed. However, these delivery times are given for information only.

• Mondial Relay
  

This delivery method guarantees delivery of the parcel within seven (7) days of dispatch. Deliveries are made from Monday to Friday, except on public holidays. The parcel is picked up by Mondial Relay and delivered to the delivery address of the relay point chosen by the Buyer. When the parcel arrives at the chosen relay point, the Purchaser will be informed by email or SMS and will have eight (8) days to collect it. Otherwise, the parcel will be returned to the sender .

• Colissimo

This delivery method guarantees delivery of the parcel within seven (7) days of dispatch. Deliveries are made from Monday to Friday, except on public holidays. The parcel is picked up by the Post Office and delivered to the delivery address indicated by the Buyer. 

Free delivery in mainland France for orders over 150 euros

• Store delivery Make my Lemonade
  

This service is on pause!

The Vendor also offers free delivery to the boutique at 61 Quai de Valmy - 75010 PARIS from Monday to Saturday from 11am to 8pm and until 7pm on Sundays. The Order is made available at Make My Lemonade within the time indicated in the confirmation e-mail.

The parcel is delivered on presentation of the identity card and the Order number. The Customer has a maximum of thirty (14) days to collect the parcel from the Make My Lemonade boutique. The Customer must check the condition of the Products delivered.

The choice of carrier cannot be changed once payment has been made.

 

6.4 Delivery charges

Delivery charges are indicated on the Site. They vary according to the delivery method chosen by the Buyer and the weight of the order. The Buyer is informed of the amount of these charges before validating his/her Order.

 

6.5 Customs

In the event of an Order to a country other than mainland France, the Customer is the official importer of the Product(s) concerned and as such must comply with all laws and regulations of the country in which the Products are received. Customs duties or other local taxes or import duties or state taxes may be payable. These shall be borne by and the sole responsibility of the Customer. Any additional customs clearance charges will be borne by the Customer; the Seller has no control over such charges. Customs policies vary greatly from country to country, so it is the Customer's responsibility to contact the local customs office for further information.

 

6.6. No standard exchange

The Seller does not offer standard exchanges.

The Buyer has a period of fourteen (14) days after receipt of the Order to return the Products to the Vendor against reimbursement under the conditions detailed in article 7.1 hereof.

For a new size, another model or another color, it is necessary to place a new Order on the Site.

 

7. RIGHT OF WITHDRAWAL

 

7.1 Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of reimbursement, provided that the Products are returned in their original packaging and in new condition with the purchase label, unworn and unwashed, no later than fourteen (14) days following notification to the Vendor of the Customer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), accompanied by the returns form previously filled in via the customer area. Products which do not meet these conditions, or which are damaged or incomplete, will not be accepted. The right of withdrawal must be made by mail or e-mail to the Seller at the address mentioned herein. 

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the cost of outward delivery (based on the cost of standard delivery, regardless of the delivery method selected by the Customer) will be reimbursed; for the cost of returns, a contribution of €5 will be deducted from the reimbursement of the Products for all deliveries made in France. Reimbursement will be made within fourteen (14) days of receipt by the Vendor of the Products returned by the Customer in accordance with the conditions set out in the present article.

For returns from abroad (outside France), the return costs are at the customer's expense. In this case, no processing fees will be deducted from the refund of the returned item(s).

For a purchase made in the Make My Lemonade boutique, the customer has fourteen (14) days to return the item to the boutique. An exchange on the spot is possible or, if necessary, the creation of a credit note (valid 1 in the boutique or on our e-shop thanks to its unique code). The credit note will be recorded in the checkout software and printed out or shared by e-mail.

The burden of proof that the right of withdrawal has been exercised lies with the Buyer. 

The Vendor reserves the right to defer reimbursement until recovery of the Product or proof of shipment of the Product by the Buyer, whichever comes first. 

 

7.2 Limitations on the right of withdrawal

Under no circumstances may the Buyer's use of the right of withdrawal be abusive. In any event, any Order returned incomplete and those including explanatory notes, damaged, used, washed, damaged, deteriorated, soiled or consumed even partially will not be reimbursed. The Buyer may be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the contents of the Products. To establish the nature, characteristics and proper functioning of the Products, the Buyer may only handle and inspect them in a manner that would also be permitted in a store. For example, he may only try on a garment and not wear it. Consequently, the Buyer should handle and inspect the garments and the contents of pattern Couture with all due care.

 

8. SUBSCRIPTION

 

8.1 Description of Subscriptions

The Customer can take out a Subscription on the site, giving him access to the following Services:

- A Subscription at €7.90 per month for at least 3 months: this Subscription gives the Customer access to all patterns de Couture products already available on the Site at the Subscription subscription date, in pdf format, as well as to new patterns products put online during the Subscription period. Every 3 months, a paper or virtual gazette is sent to the billing address provided by the customer when subscribing, as well as a paper pattern de Couture every 12 months if the customer remains a subscriber.

 

8.2 Subscription terms and conditions

Subscriptions are taken out in French and in € (Euros). Subscriptions may be taken out by the Customer directly on the Site and are subject to payment. For all Subscription subscriptions, the Customer is responsible for all telecommunication costs incurred when accessing the Internet and using the Site.

Before subscribing to a Subscription, and if the Customer has never placed an Order on the Site, the Customer must create an account on the Site. This account can be accessed at any time by the Customer using his/her login details (e-mail address and password).

When subscribing to a Subscription, the Customer agrees to provide the information requested (opening a Customer account and/or Subscription subscription form) and undertakes to ensure the accuracy of this information. 

All the steps required to subscribe to a Subscription are indicated on the Site. In particular, the customer must go to the " PDF Subscription " product sheet before clicking on the " Subscribe " button. The Customer then accesses the payment page and enters his/her billing address. The Customer then confirms the Subscription subscription and proceeds to pay the first monthly instalment of the Subscription subscribed. The Customer is redirected to a confirmation page on the Site.

Any Customer validly registered on the Site will be bound by any Subscription subscription, definitively validated, having required the entry of his/her e-mail address and personal password.

In application of the provisions of article 1127-1 of the French Civil Code, the Customer will have the possibility, before definitively validating his Subscription subscription, to return to the previous pages and correct and modify his Subscription subscription and the information previously provided, before confirming it to express his acceptance.

The Vendor cannot be held responsible for any input errors made by the Customer when subscribing to a Subscription.

 

8.3 Subscription confirmation

Subscription confirmation is carried out in accordance with the provisions of the French Consumer Code using the "double-click" process.

The "double click" process consists of :

- First click to place the chosen Subscription in the basket;

- A second click to validate the basket after having been able to check the contents of the subscription and to modify, if necessary, the subscription and the information relating to the payment and invoicing of the Subscription.

It is specified that validation of the Subscription subscription obliges the Customer to make immediate payment of the first monthly Subscription instalment. Once the Subscription has been validated by the Customer's "double-click", an e-mail acknowledging receipt of the Subscription and containing all the above information will be sent to the Customer as soon as possible. The Customer must therefore provide a valid e-mail address when filling in the identity fields.

Any Subscription subscription validated by the Customer through the "double-click" process (double validation) constitutes irrevocable acceptance, which may only be challenged within the limits set out in these GTS. In particular, any Subscription subscription implies express and irrevocable acceptance of the prices and descriptions of the Subscription packages offered.

 The Vendor reserves the right to suspend or cancel any Subscription, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous Orders or Subscription subscriptions.

 

8.4 Access to Services

Once subscribed, the Customer has access, via the "My Account" section on the Site, to all patterns de Couture products, as described in article 8.1. patterns de Couture can be found under the "PDF Subscription" tab. Each pattern can be downloaded in pdf format. 

patterns de Couture are made available to the Customer via the Subscription he has taken out and are strictly reserved for his personal use. In this respect, patterns de Couture, to which the Customer will have access via the Subscription, may not be given away, sold or exchanged.

8.5 Prices

The Services are provided at the rates in force on the Site at the time the Customer subscribes to the Subscription. Prices are expressed in euros, before and after tax. Prices take into account any discounts granted by the Vendor on the Site. These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Vendor reserving the right, outside this period of validity, to modify prices at any time.

The payment requested from the Customer corresponds to the total amount of the Subscription. An invoice is issued by the Vendor when the Subscription is confirmed. This invoice can be downloaded by the Customer via his Customer account.

The Vendor reserves the right to modify the prices of the Services presented on the Site. In any event, the Services will be invoiced to the Customer on the basis of the rates in force at the time the Subscription is taken out.

 

8.6 Terms of payment

Subscriptions are payable in euros, and payment is made online using ReCharge. When the Subscription is taken out, the Customer is debited for the first monthly instalment of the Subscription. 

Monthly instalments are then debited from the Customer's account on the anniversary date of the subscription, until the end of the Subscription period. This debit is made automatically, via Hipay's Recurring Payment option. The Customer's subscription to a Subscription on the Site implies acceptance of ReCharge's Recurring Payment option.

The data provided for payment is processed by ReCharge in a secure manner. The Vendor has no access to these data, and does not store them on its servers: for this reason, these details are systematically requested again for each new transaction on the Site.

The Customer warrants to the Vendor that he is fully authorized to use the payment card for the payment of his Subscription and that these means of payment legally give access to sufficient funds to cover all costs resulting from his Subscription on the Site. The Vendor cannot be held responsible for any fraudulent use of the means of payment used. The Vendor reserves the right to suspend or cancel any Subscription in the event of non-payment of any sum due by the Customer or in the event of a payment incident.

The Vendor reserves the right to refuse to honor a Subscription from a Customer who has not paid in full or in part for a previous Subscription, or with whom a payment dispute is in progress. 

In all cases, the online provision of the credit card number and the final validation of the Subscription shall constitute proof of the completeness of the said Subscription in accordance with article 1366 new of the French Civil Code, and shall constitute payment of the sums incurred by the provision of the Services shown on the Subscription confirmation. This validation constitutes signature and express acceptance of all operations carried out on the Site. Computerized registers, kept in the computer systems of the Vendor and its partners under reasonable security conditions, will be considered as proof of communications, Subscriptions and payments between the Customer and the Vendor. Invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with article 1379 al. 2 new of the French Civil Code.

 

8.7 Right of withdrawal

Pursuant to Article L. 121-21-8, 13° of the French Commercial Code, the Customer expressly waives his right of withdrawal.

The provisions of article L. 121-21 of the French Commercial Code are therefore inapplicable to the subscription of a Subscription under the conditions set out in these General Terms and Conditions.

 

8.8 Tacit renewal

At the end of the minimum commitment period (3 months), the Subscription is tacitly renewed under the same conditions. 

The Vendor must give notice at least 1 month and 8 days [A1 ] [LPF2] before the anniversary renewal date of the possibility for the Customer to object to the renewal up to 8 days before the anniversary renewal date.

The Customer may object to this by sending an e-mail to the following address: hey@makemylemonade.com or via the contact form on www.makemylemonade.com. If the Customer objects to the tacit renewal, the Subscription is terminated and all direct debits made via the ReCharge recurring payment option are stopped.

If the Customer fails to send an e-mail more than 8 days before the renewal date, the Subscription will be automatically renewed for an indefinite period. The direct debit set up when the Subscription was taken out, via the ReChargeRecurring Payment option , will then continue according to the terms described in article 8.6.

 

9. INTELLECTUAL PROPERTY

 

All elements published on the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charts, utilities, databases, software and other underlying technology are protected by the provisions of the French Intellectual Property Code and belong to the Vendor. The " Make My Lemonade " trademark, as well as all other trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the articles, their accessories or their packaging, whether registered or not, are and shall remain the exclusive property of the Vendor, with the exception of any rights held by the Vendor's suppliers and partners on the visuals of their Products, on their trademarks and logos presented on the Site.

 

The Seller is the owner of all property rights attached to the Site and its component parts, and holds the required licenses. It holds all intellectual property rights and derivative rights attached to the concepts, editorial content, videos and software used and/or distributed on the Site. In general, no provision of these GTS may be interpreted as conferring on the Customer, expressly or implicitly, any right whatsoever (under the terms of a license or by any other means) over the names, trademarks, acronyms, logos and other distinctive signs of the Vendor, with the exception of the rights held by the Vendor's suppliers and potential partners over the visuals of their Products, their trademarks and logos presented on the Site.

It is therefore forbidden to reproduce, modify, transfer or exploit all or part of the site without the express written authorization of MAKE MY LEMONADE.

Any total or partial reproduction, modification, imitation or use of these trademarks, illustrations, images and logotypes, videos, for any reason and on any medium whatsoever, without the express prior consent of the Vendor, is strictly forbidden. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all patents, copyrights, designs and models, whether registered or not, which are the property of the Vendor.

The Buyer's attention is particularly drawn to the fact that patterns de Couture and all the elements that make up pattern de Couture, marketed on the Site, are protected by copyright (law of March 11, 1957 and law of July 3, 1985, codified in the Intellectual Property Code).

Any commercial use of pattern and the elements that make up pattern Couture is FORBIDDEN. 

By extension, the sale of garments sewn from patterns de Couture sold on the Site is also FORBIDDEN, except by exceptional agreement within the framework of collaborations initiated by the Seller and except by specific contract.

Any reproduction, in particular printing on paper or digital duplication, must remain within the strict legal framework of private copying.

The distribution, resale, copying, lending in libraries, transfer, exchange, or any free or paid broadcast of patterns de Couture marketed on the Site (in whole or in part) are strictly FORBIDDEN, whatever the medium (electronic or printed).

The Vendor prohibits any deep hypertext link to the Site or any hypertext link using a transclusion technique. Any User wishing to place a simple link directly to the Site on his or her personal website must first request the Vendor's express authorization.

 

10. PROHIBITED CONDUCT

The following are strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site and any fraudulent use of data, (ii) any intrusions or attempted intrusions into the Vendor's systems, (iii) any misappropriation of the Site's system resources, (iv) any action likely to impose a disproportionate burden on the Site's infrastructure, (v) any breach of security and authentication measures, (vi) any action likely to prejudice the financial, commercial or moral rights and interests of the Vendor or of users of the Site, and more generally (vii) any breach of these GTC. It is also strictly forbidden to monetize, sell or grant all or part of access to the Site, or to the information it contains. In the event of a breach of any of the provisions of the present article, or more generally, of any laws or regulations, the Vendor reserves the right to take all appropriate measures and to institute legal proceedings.

 

11. TRANSFER OF OWNERSHIP

The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place (i) when the Customer takes physical possession of the Products when the carrier is proposed by the Vendor or (ii) when the Customer hands over the Products to the carrier of his choice.