Legal Mentions and Sales Conditions

Prices and Delivery

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

Standard shipping is 6-8 business days. Orders totaling $1 - $39.99 are charged $10 for shipping. For orders $40 - $99.99, shipping is $15.

Any order $100 and more after discounts is eligible for free shipping, which is automatically applied at checkout.

*Please note we do not offer expedited shipping.

All Items are shipped via UPS and insured by Maison Berger while in transit until it is delivered to the User. An email will include tracking number for the package once order is processed.

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 authorised, must be removed on a simple request by Maison Berger.

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.

Exchanges, Returns, Refunds and Credit

Customer satisfaction has always been Maison Berger’s top priority and, as such, Maison Berger handles each query on an individual basis to the best of their ability. Before an item is packed and leaves Maison Berger’s warehouse, each item is carefully inspected to ensure no damages or defects are present at the time of shipment.

Due to the nature of our products, all sales are final. Returns, refunds, or replacements of products for reasons other than defected or damaged incurred during transit will not be accepted. 

In the event, an item has been damaged during transit or if the item is defective (i.e. received damaged, porous bottle, metallic neck not set properly or manufacturing defect), please contact Maison Berger customer care at support@maisonberger.us within 14 business days from receiving your purchase. All items on sale are however NOT REFUNDABLE.

Maison Berger USA reserves the right to cancel at anytime any order due to unauthorized, altered or ineligible use of sale. 

 

Limited Warranty

Maison Berger solely warrants that on the date of delivery, the Items shall conform to their specifications. If and to the extent the Items fail to meet such warranty, as shall be determined in accordance with the provisions of Article 6 of these General Terms and Conditions, Maison Berger may, within a reasonable time, either repair or replace the Item(s) at no charge to the User, or issue a credit or refund for any such Item(s) in the amount of the original purchase price. Accordingly, Maison Berger’s obligation shall be limited solely to repair or replacement of the defective Items or give the User refund or credit for the defective Item(s). Maison Berger’s obligation to repair, replace, refund or credit shall be contingent upon receipt by Maison Berger of timely notice of any alleged non-conformance of Item(s) as per the provisions of Article 6 above and, if applicable, the return of the Items. ALL WARRANTIES MADE HEREIN ARE EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR AS TO THE FITNESS OF THE DESCRIBED ITEMS FOR ANY PARTICULAR USE OR PURPOSE. Maison Berger shall not be liable for any loss or damage, directly or indirectly, arising from the use of the described Items or for incidental or consequential damages, whether User’s claim is in contract, negligence or otherwise.

Maison Berger shall not be liable under any circumstances to the Users or any other person in circumstances where the Items are not used for their intended purpose or are not handled in accordance with customary care. Specifically, such limited warranty shall only apply to Items which have been used in normal conditions, complying with the instructions supplied by Maison Berger and using exclusively Maison Berger lamps refills and Lampe Berger Catalytic Burner.

Limitation of Liability

THE USER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF MAISON BERGER. THE USER ACKNOWLEDGES BY HIS/HER USE OF MAISON BERGER’S ITEMS THAT THE USER’S USE OF THE ITEMS AND ANY RELIANCE UPON THEM IS AT THE USER’S SOLE RISK. MAISON BERGER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO MAISON BERGER. THE WARRANTIES SET FORTH HEREIN GIVE THE USER SPECIFIC LEGAL RIGHTS AND THE USER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF AN ITEM HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY. THE USER ASSUMES ALL RISK FOR MISUSE OF THE ITEMS.

MAISON BERGER HAS PRICED ITS ITEMS UPON THE UNDERSTANDING, AND THE USER HEREBY ACKNOWLEDGES THE UNDERSTANDING, THAT MAISON BERGER WILL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE ITEMS BY THE USER OR ANY OTHER PERSON FOLLOWING DELIVERY BY MAISON BERGER. IN NO EVENT WILL MAISON BERGER BE RESPONSIBLE OR LIABLE TO ANY PERSON FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ITEM AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF ITEM PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301. THE USER AGREES NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MAISON BERGER ARISING OUT OF THE USER’S PURCHASE OR USE OF THE ITEMS.