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ORDER BY 12/17 FOR CHRISTMAS DELIVERY

Last updated: June 27, 2022

Prices and Delivery

Maison Berger’s goal is to deliver its Items in perfect condition and in the shortest possible time.

Maison Berger’s ONLY offers Standard Shipping (2-6 days). Shipping charges are based on weight; for orders that weight up to 4.99lb shipping is $4.90. For orders that weigh 5lb or more shipping is $19.90. We offer shipping for all deliveries to addresses in the continental United States for a minimum purchase of $16. Complimentary STANDARD SHIPPING on orders of $99 or more (YOUR ORDER TOTAL MUST EQUAL $99 or more AFTER DISCOUNT CODE to receive the complimentary shipping. The promotion will be applied automatically to the qualified orders.

All Items are shipped via UPS and our fulfillment service is Amazon warehouses (FBA), insured by Maison Berger while in transit until it is delivered to the User. The Confirmation Email will include a tracking number for the package.

Please note, that our lamp fragrance refills and lamps diffusers CANNOT be shipped to California. Maison Berger has the right to cancel any order with a Californian shipping address.

In the event an Item is not delivered within the time frame specified at ordering, Maison Berger will endeavor to rectify the situation as quickly and as practically as possible.

Should the package be damaged during the shipping and delivery process, Users must immediately notify the shipper upon receipt, otherwise the delivery will be accepted as conform and no further claim will be accepted by Maison Berger.

Should both the package and the Items be damaged during the shipping and delivery process (except through mishandling by the User), the User may claim a new delivery or a refund from Maison Berger.

All new orders are deemed separate and each is treated individually.

 

Intellectual Property

The Maison Berger Website is owned and operated by Maison Berger. Maison Berger owns the copyright with respect to all content on the Maison Berger Website. Any reproduction, representation, modification, adaptation, or use of any of the elements of the Maison Berger Website constitutes an infringement that could incur civil and criminal liability of its author. Additionally, the Maison Berger Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Nothing contained in the Maison Berger Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Maison Berger Website or any information displayed in the Maison Berger Website, through the use of framing or otherwise, except: (i) as expressly permitted by these General Terms and Conditions; or (ii) with the prior written permission of Maison Berger or the prior written permission from such third party that may own the trademark or copyright of information displayed in the Maison Berger Website.

The User who has a personal Internet website and who wishes to place, for a personal use, on his website, a simple link directly to the home page of the Maison Berger Website, must ask for authorization from Maison Berger. In addition, any hypertext link to the Maison Berger Website and using in particular, framing, deep‐linking, in‐line linking, or any other techniques of deep link is strictly prohibited. Furthermore, any link referring to all or part of the Maison Berger Website, even considered tacitly authorized, must be removed on a simple request by Maison Berger.


Mobile Message Service Terms and Conditions

The Maison Berger USA mobile message service (the "Service") is operated by Maison Berger USA (“Maison Berger USA”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Maison Berger USA SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Maison Berger USA through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Maison Berger USA. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 1-844-578-8634 in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Maison Berger USA mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 1-844-578-8634 or email support@maisonberger.us . 

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

Force Majeure

Maison Berger shall not be liable in any way for any damage, loss, cost or expense arising out of or in connection with any delay, restriction, interference or failure in performing any obligation towards the Users caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, laws, statutes, ordinances, regulations, legislative measures, acts of governments or other administrative measures, orders or decrees of any court, earthquake, flood, fire, explosion, war, terrorism, riot, sabotage, accident, epidemic, strike, lockout, slowdown, labor disturbances, difficulty in obtaining necessary labor or raw materials, lack of or failure of transportation, breakdown of plant or essential machinery, emergency repair or maintenance, breakdown or shortage of utilities, delay in delivery or defects in goods supplied by suppliers or subcontractors (“Force Majeure”).

Upon the occurrence of any event of Force Majeure, Maison Berger shall promptly inform the Users by written notice thereof specifying the cause of the event and how it will affect its performance of its delivery obligations listed in the Confirmation Email. In the event of any delay, the obligation to deliver the Items shall be suspended for a period equal to the time lost by reason of Force Majeure. However, should a Force Majeure event continue or be expected to continue for a period extending to more than two (2) months after the expected delivery date, Maison Berger is entitled to cancel the order and refund the User, without any further liability to the User.

Governing Law

These General Terms and Conditions are governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. The User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, for any action, suit or proceeding arising out of or relating to these General Terms and Conditions or its use of the Maison Berger Website, including related services or products.

Miscellaneous

Users acknowledge and agree that these General Terms and Conditions constitute the complete and exclusive agreement between Maison Berger and Users concerning the use of the Maison Berger Website and any purchase by Users of any Items, and supersede and govern all prior proposals, agreements, or other communications. Maison Berger reserves its right to change these General Terms and Conditions at any time and always encourages Users to review these General Terms and Conditions regularly to ensure full awareness. Any changes are effective immediately upon posting on the Maison Berger Website. Users’ continued use of the Maison Berger Website constitutes their agreement to all such General Terms and Conditions.

If any provision of these General Terms and Conditions is found by a court of competent jurisdiction to be invalid, then the Users agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these General Terms and Conditions will remain in full force and effect.

Maison Berger may, with or without prior notice, terminate any of the rights granted by these General Terms and Conditions. Users shall comply immediately with any termination or other notice, including but not limited to, as applicable, by ceasing all use of the Maison Berger Website.

Maison Berger reserves its right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Maison Berger Website at any time and/or remove or edit any materials or content on the Maison Berger Website. Maison Berger will not be liable to Users or any third party by reason of Maison Berger’s (i) withdrawing of any Items from the Maison Berger Website, whether or not such Items have been sold (ii) removing or editing content on the Website, (iii) refusing to process a transaction or (iv) unwinding or suspending any transaction after processing has begun.

 

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MB INSIDER TERMS AND CONDITIONS

1. GENERAL
OVERVIEW

The Maison Berger USA rewards program (the “Program”) is a loyalty reward program offered by Maison Berger USA (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through https://maison-berger.com/ (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation https://maison-berger.com/pages/mb-insider (the “Explainer Page”).

The Program allows persons who have completed the membership enrolment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time.

Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.

TERMS AND CONDITIONS

The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Website, the Explainer Page and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.

ACCEPTANCE

By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.

 

2. PROGRAM MEMBERSHIP

MEMBERSHIP ENROLLMENT

Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms. After completion, you will receive a rewards member number (“Member Number”).

PASSWORDS AND SECURITY

In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one MB INSIDER rewards account (“Account”) is permitted per person.

SUSPENSION RIGHTS; CAPACITY

If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.

Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited. If a Member was awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.

Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.

CHANGE IN INFORMATION

Program Members are responsible to advise the Company immediately of any change to their address or other contact information.  The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.

INACTIVE ACCOUNTS

A Program Member Account is deemed to be inactive if points are not earned in connection with such Account for 1 year (365 days) or more. Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice. 

Customer points will start to expire 1 year (365 days) from September 23, 2021. After this date, all unredeemed points will expire on a rolling basis for customers who have not engaged in points activity for 1 year (365 days) or more.

Customers will receive a first expiry warning 30 days prior to expiration and a last chance warning 3 days prior to point expiration.

ACCOUNT CLOSURE

Points are reduced to zero upon closure of a Membership.

SECURITY

If a Membership Number is used by any other person, all points relating to purchases made by such other person will be credited to the Member’s Account. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Service Centre that the Membership Number has been compromised. Any points redeemed prior to notification shall be at the Member’s risk.

3. REWARD POINTS

COLLECTION; REDEMPTION

Points can be earned by Program Members in connection with purchases of goods and/or services made through the Company (whether online and/or from physical locations) as set forth on the Explainer Page, regardless of method of payment, provided that the Membership Number is presented/entered at the time of purchase. 

Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur through online and/or physical locations as set forth on the Program website or Explainer Page.  The redemption schedule, available rewards and other information is available on the Explainer Page. 

A Member must provide his/her Membership Number when redeeming points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure.  If a purchase price is lower than the redemption value of the points, the remaining dollar value associated with all utilized points will be forfeited.

VALUE

Points are not exchangeable for cash. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which points can be collected and/or redeemed.

TRANSFERABILITY

Except as permitted from time to time by the Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void.  For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.

RETURN/EXCHANGE POLICY

In the event of a return/exchange of any eligible purchase that initially earned points, such points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Membership Number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.

Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.

PROMOTION

From time to time, the Company may advertise or offer exclusive offers to select Members to redeem points for items other than a discount reward, or receive other benefits or discounts.

4. PRIVACY


CONFIDENTIAL INFORMATION

We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”).

You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.

UNSUBSCRIBE

By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.

5. GENERAL

ACCEPTANCE

By enrolling in the Program, each Member (i) certifies that he or she is over the age of majority in the province in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.

OTHER TERMS

These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, the Explainer Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Explainer Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms.  For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.

ABUSE

Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated points.

WAIVER

Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.

Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.

In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.

CONTACT

If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: support@maisonberger.us.  

 

 

 

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