General Terms and Conditions of Use and Membership

General Terms and Conditions of Use and Membership of the "CLOSE TO YOU" loyalty programme

Maison Close

 

The US "Close to You" loyalty programme (the "Programme") is developed and managed by Muse (Maison Close), a simplified joint stock company with capital of €128,342.00 and registered under number 878.760.495 at the Marseille Trade and Companies Register (13006) sis 167 rue de Paradis in Marseille, France (13006) ("Maison Close").

 

Article 1 - Purpose and scope of the Programme

 

These general conditions of use and membership (the "General Terms and Conditions of Use" or "TCU") define the conditions of participation in the Programme, which allows Maison Close customers co collect points and allows them to enjoy benefits after making purchases on the website: https://www.maison-close.us/ (the "Site") (the "Members" or the "Member"), depending on the amount spent and the frequency of purchases made on the Site. 

 

Maison Close and the Member may hereinafter be referred to, individually or jointly, as a "Party" or as the "Parties".

 

The Programme is only accessible via the Maison Close website and excludes all the stores of our partner retailers of "Maison Close" products.  Members therefore acknowledge that any purchase of "Maison Close " products, outside the Site, does not entitle them to collecting any points or to any benefit.

 

The Programme is not accessible to Maison Close employees.

 

Article 2 - Terms and conditions for joining the Programme

 

Membership of the Programme is free.

 

Membership of the Programme implies the creation of a customer account and acceptance of these Terms and Conditions of Use.

 

The creation of a customer account and membership of the Programme are subject to the Member providing all the following information:

 

  • Title (Mr/Mrs/Miss/Ms/Mx/Prefer not to say)
  • Last name, First name
  • Date of birth
  • Email address

 

Customer account creation and membership of the Programme will only be validated by Maison Close if all the compulsory information listed above (the "Compulsory Information") is filled in and is, moreover, usable.

 

Membership of the Programme will be automatic for all Maison Close customers:

 

  1. as long as they have a customer account or,
  2. for all new customer accounts.

 

The Programme is accessible on the Maison Close website, via the Member's customer account in the "My loyalty" section. 

 

Any Member will have the option, via their customer account or under the conditions referred to in article 4.1 below, to terminate their membership of the Programme. 

 

The Programme applies only to the specific member. It is individual and iis in this member's name only.

 

In the same way that each Member may only have one (1) customer account, each Member may only register for one (1) membership of the Programme.

 

Article 3 - Programme content and operation

 

  • Programme operation

 

The Maison Close loyalty programme allows each Member to:

 

  • collect points when making purchases on the Site or when performing certain actions;

 

  • one-off or recurring benefits as described below.

 

The Maison Close loyalty programme distinguishes between a number of special benefits which correspond to the following statuses:

 

STATUSES

CONDITIONS

PURPLE

 

for Members who have collected 0 to 599 points

 

BLACK

 

for Members who have collected 600 to 999 points

 

WHITE

 

for Members who have collected 1,000 to 2,499 points

 

GOLD

 

for Members who have collected 2,500 points or more

 

 

Membership of the Programme automatically gives the Member PURPLE status.

 

Members can reach the BLACK, WHITE and GOLD tiers based on the number of points they have collected.

 

Members who collect loyalty points are entitled to:

 

  1. retain the tier they have reached and the unique benefits and rewards associated with that tier; and, if the conditions are met,

 

  1. reach a higher tier enabling them to enjoy greater benefits; the move to the higher tier takes place immediately on reaching the number of points required by the tier in question.

 

For Members who have reached the BLACK, WHITE and GOLD tiers, the points collected will be recalculated by Maison Close on each anniversary date of the Member's entry into the tier in question, i.e. every twelve (12) months. Maison Close's calculation will therefore factor in the number of points acquired over the last twelve (12) months.

 

If Members no longer meet the eligibility criteria for their status, they will no longer be entitled to the benefits of that status for the following year and will drop to the lower tier when the calculation is rerun. The Member will be informed of this by email.

 

Maison Close reserves the right, after informing the Member in advance on the Site or by email, to change the points scale shown above at any time. Note that this change will not entitle the Member to any compensation from Maison Close.

 

  • Points collection procedures:

 

With each new purchase on the Site, Members collect loyalty points according to the principle 1 euro = 1 point (including delivery costs).  Validated points will be available immediately after any purchase on the Site.

 

Members must first log in to their customer account on the Site before they can collect points, which happens each time they make a purchase when logged in.

 

Certain actions carried out by the Member also earn points:

  • Programme membership: + 20 points;
  • with each new follow on the "Maison Close" Instagram account - https://www.instagram.com/maison_close/?hl=fr in the following manner:
    • Members must log in to their customer account
    • once logged in, Members must click "Follow us on Instagram";
    • once on the "Maison Close" Instagram page, the Member must click "Follow the page": +10 points.
  • Transition to a higher status:
    • For changing from PURPLE to BLACK status: + 50 points.
    • For changing from BLACK to WHITE status: + 100 points.
    • For changing from WHITE to GOLD status: + 150 points.

 

Gift card purchases also earn loyalty points (based on the same principle 1 USD = 1 point). However, please note that the purchase of a Maison Close product on the Site using a gift card will not earn points.

 

Maison Close reserves the right to modify the points scale at any time. Information about changes to the points scale will be posted on the Member's account in the "My Loyalty" section and will be communicated by email.

 

Points collected on a purchase that has been reimbursed in full will be cancelled and deducted from the Member's loyalty account.

 

For partial refunds, only the loyalty points collected on the items returned will be deducted from the Member's loyalty account.

 

Maison Close expressly states that the points issued have no commercial or heritage value and are non-transferable.

 

  • Points validity period

 

The points collected by the Member are valid for twelve (12) months from the Member's last activity, i.e.:

  • A purchase; and/or
  • Any other action listed in point 2. above.

 

Therefore, if there has been no purchase or activity for twelve (12) months since the last purchase or activity, the points balance will be automatically reset to zero and the Member will receive PURPLE status.

 

  • Checking the number of points

 

The number of points acquired by the Member can be viewed in the "My Account", "My Loyalty" section on the Site.

 

The points balance can also be provided by telephone on request by contacting Customer Services on +33 (0)4 96 16 06 45.

 

  • Overview of the benefits of statuses:

 

STATUSES

BENEFITS

PURPLE

·       $10 free on the Member's birthday for purchases over $100

·       Loyalty gift on the anniversary date of membership for purchases over $100

·       Access to the private line

·       Free delivery on purchases of $89 or more

BLACK

·       $15 free on the Member's birthday for purchases over $100

·       Loyalty gift on the anniversary date of membership for purchases over $100

·       Access to the private line

·       Free delivery on purchases of $89 or more

·       10% discount on stockings and tights excluding nylon, valid once only on the purchase of stockings and tights once the Member reaches BLACK status. 

WHITE

·       $30 free on the Member's birthday on purchases of $150 or more

·       Loyalty gift on the anniversary date of membership for purchases over $100

·       Access to the private line

·       Free delivery with no minimum purchase

·       10% discount on stockings and tights excluding nylon, valid once only on the purchase of stockings and tights once the Member reaches WHITE status.  

·       Priority access to customer service (a direct line has been set up on the following number: +33 (0)4 96 16 06 46)

GOLD

·       $50 free on the Member's birthday for purchases over $300

·       Loyalty gift on the anniversary date of membership, no purchase necessary

·       Access to the private line

·       Free express delivery

·       15% discount on stockings and tights excluding nylon, valid once only on the purchase of stockings and tights once the Member reaches GOLD status.

·       Preview access to the collections

·       Priority access to customer service (a direct line has been set up on the following number: +33 (0)4 96 16 06 46)

 

  • Combining Programme benefits and other discounts

 

Unless otherwise indicated, the offers and discounts available through the Programme cannot be combined with:

  • any other offer that is part of the Programme;
  • other ongoing offers on Site;

 

Article 4 - Duration of Programme membership

 

  • Members' non-use of the Programme and Members' termination of their own Programme Membership

 

If the Member does not use the Programme for a period of three (3) years, they will no longer receive sales promotion emails from Maison Close. The cessation of sales promotion emails does not result in the Member's membership of the Programme being terminated.

 

If the Member wishes to terminate their membership of the Programme, they may do so by contacting Maison Close Customer Services by:

 

  • sending a written request to the following address MAISON CLOSE, société MUSE, 167 rue Paradis - 13006 Marseille, France; or

 

  • calling Customer Services on +33 (0)4 96 16 06 45, stating the reason for the call.

 

  • Maison Close customer account freezing and suspension of Programme membership

 

The Member undertakes to comply with these General Terms and Conditions of Use of the Programme.

 

Maison Close reserves the right to freeze the Member's customer account and automatically suspend the Member's membership of the Programme in the following cases and conditions:

 

  • Any fraud, suspicion of fraud, misuse of the Programme and/or use that does not comply with these General Terms and Conditions, especially in the event of fraudulent, abusive and/or misappropriate use of the Programme, an abnormally high number of transactions or, more generally, any breach of these General Terms and Conditions of Use;

 

  • If a Member creates multiple customer accounts and/or has multiple memberships in the Programme.

 

Any suspension of a Member's membership of the Programme by Maison Close for one of the aforementioned reasons will result in the Member's customer account being frozen.

 

Suspension of the Member's membership of the Programme by Maison Close, for one of the aforementioned reasons, will result in the loss of all the rights and benefits of the Member connected with membership of the Programme as well as the loss of all the history and rewards connected with the Member's loyalty account.

 

Maison Close has implemented permanent control and monitoring systems to avoid any potential risk of fraud in the use of the Programme.

 

Article 5 - Modification or termination of the Programme by Maison Close

 

All or part of the Programme may be suspended, altered or cancelled by Maison Close.

 

If the Loyalty Programme is discontinued, Maison Close will inform Members by means of a notice on each Member's loyalty account and by means of a special email communication.

 

Cancellation of the Programme will not entitle the Member to any compensation from Maison Close.

 

Article 6 - Liability and limitation of liability clause

 

Maison Close cannot be held responsible, to the fullest extent permitted by current legislation, for any direct or indirect consequences of any malfunctions in the Loyalty Programme, and particularly if a malfunction makes it temporarily impossible for the Member to collect points entitling them to benefits.

 

Maison Close undertakes, if the Loyalty Programme malfunctions, to do its utmost to ensure that the Member can enjoy their benefits on presentation of all supporting documents (proof of purchase, etc.).

 

Maison Close cannot be held responsible if the non-execution or poor execution of its obligations is attributable to a case of force majeure as defined by article 1218 of the French Civil Code and case law.

 

Article 7 - Complaints and information

 

For any information, complaint or question relating to the Loyalty Programme, the Member may contact Customer Services by the following means:

  • By telephone on +33 (0)4 96 16 06 45
  • By post to the following address MAISON CLOSE, société MUSE, 167 rue Paradis - 13006 Marseille, France
  • By email to the following address: satisfaction@maison-close.com

 

Article 8 - Personal data

 

  • Collection of the Member's personal data

 

For the purposes of operating the Loyalty Programme and in its capacity as Data Controller, Maison Close is required to collect personal data concerning the Member and, notably, all of the Compulsory Information as this term is defined in Article 2 above.

 

For the processing of all personal data, Maison Close uses the services of Yotpo Ltd, as Subcontractor.

 

The Compulsory Information will be collected by Maison Close via the Site when the Member creates their customer account.

 

In addition to collecting the Compulsory Information, Maison Close may, during the Member's use of the Programme, collect other personal data relating to the Member (the "Additional Information"). This Additional Information may enable Maison Close to improve its knowledge of the Member and, where appropriate, to offer a tailored experience, particularly in the context of sales offers or special operations.

 

Maison Close is responsible for processing personal data.

 

  • Exercise of the Member's rights of access, rectification and deletion of personal data

 

Pursuant to the General Regulation on the Protection of Personal Data ("GDPR") and the French Data Protection Act of 6 January 1978, each Member has an individual right to access, rectify and/or delete their personal data at any time.

 

To exercise their rights, Members may:

 

  • Change some of this information directly via their customer account, which can be accessed on the Website;

 

  • Delete their personal data by making a request to "rectify and/or delete" their data by contacting Customer Services by telephone on +33 (0)4 96 16 06 45 or by email at the following address: satisfaction@maison-close.com.

 

For any additional information relating to the collection and processing of their personal data, Members may refer to the Maison Close personal data policy available at this link: https://www.maison-close.us/policies/privacy-policy

 

For the purposes of this article 8, any term beginning with a capital letter and not defined in these Terms and Conditions of Use shall have the meaning given to it in the GDPR.

 

Article 9 - Applicable law and settlement of disputes

 

These Terms and Conditions of Use are governed by French law.

 

Any dispute arising from the interpretation or performance of these Terms and Conditions of Use shall be brought before the French competent courts.

 

In addition, if a dispute arises from the interpretation or performance of these General Terms and Conditions of Use, the Parties undertake to seek an amicable solution before taking any legal action.

 

In this respect, Maison Close guarantees the Member free and effective recourse to a consumer mediation system. As such, Maison Close has appointed as consumer mediator The Paris Mediation and Arbitration Centre.

 

The Member is also reminded that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union available at this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.

 

Finally, if you have any questions, Maison Close reminds you that the Member may contact Customer Service by the following means:

  • By telephone on +33 (0)4 96 16 06 45
  • By post to the following address MAISON CLOSE, société MUSE, 167 rue Paradis - 13006 Marseille, France
  • By email to the following address: satisfaction@maison-close.com