Terms of sale

General Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter referred to as the “Terms” or “GTC”) apply to all orders placed on the website www.musier.com
 (hereinafter the “Website”). Any order placed on the Website implies the Customer’s full and unconditional acceptance of these Terms.
French law governs any order placed on the Website, regardless of the country of delivery selected by the Customer.
The term “Customer” refers to any natural person of legal age acting for purposes outside their commercial, industrial, artisanal, professional or agricultural activity, and placing an order on the Website.

The Website www.musier.com is published and operated by BG GROUPE SAS, Registered with the Paris Trade and Companies Register SIRET No.: 98859924700018
Registered office: 23 rue Nollet, 75017 Paris, France
VAT number: FR55988599247

Musier reserves the right to refuse any order that does not correspond to a retail sale or that appears fraudulent.

By validating their order, the Customer confirms that they have read and accepted these Terms without reservation.

Product Description

Each product displayed on the Website includes a description outlining its essential characteristics. Product descriptions, images and photographs are provided for informational purposes only and are not contractually binding.


Product Availability

Musier collections are produced in limited quantities. When a product is temporarily out of stock, Customers may subscribe to the “Notify me when back in stock” feature by entering their email address. They will then receive an automatic notification when the item becomes available again.

If a product becomes unavailable after an order has been placed, the Customer will be informed as soon as possible by Customer Service. In such cases, the unavailable item will be refunded using the original payment method.

Some products may be offered for pre-order. In this case the product page will clearly display a “Pre-order” label, and the estimated shipping date will be indicated before order confirmation

Prices

For orders within France and the Eurozone countries of the European Union? Prices are displayed in Euros, including all applicable taxes (VAT included for France and EU), excluding delivery costs. Delivery costs are indicated before order confirmation.

For orders shipped to the United Kingdom, prices are displayed excluding taxes in GBP (£).
For orders shipped to other countries, prices are displayed excluding taxes in USD ($).
Prices may be displayed in a currency different from the Customer’s local currency. The Customer is responsible for verifying any exchange rates or banking fees applied by their payment provider.

Musier reserves the right to modify prices at any time. However, the price charged will always be the price displayed at the time the order is confirmed.

All orders must be paid in full at the time of purchase, unless an installment payment option is offered.

Customs Duties

Depending on the delivery destination, customs duties and import taxes may apply.

Musier offers Delivered Duty Paid (DDP) shipping for the following countries: United Kingdom, United States, Canada.
For these destinations, customs duties are covered by Musier.
For other countries, customs duties remain the responsibility of the Customer and may be requested by the carrier upon delivery.

Local Taxes

Local taxes may apply depending on the country or region of delivery. Such taxes remain the sole responsibility of the Customer.

VAT Refund

The tax refund (VAT refund) service is not available for purchases made through the Website.

Order Process

Once Musier has the information required to (1) issue the order invoice, (2) identify the Customer as the person placing the order and (3) carry out the delivery, Musier will offer various delivery options. The Customer must select one of these options, which will be charged at the indicated price.

The Customer will then be invited to choose a payment method. Unless otherwise specified, transactions may be made by credit card or PayPal. Certain payment methods may be subject to specific conditions.
All payment methods are provided and processed by third-party service providers, and Musier never has access to the Customer’s banking details.

To avoid fraud, Musier has implemented order verification procedures. These measures may lead to an order being blocked or canceled if fraud is detected. The Customer will be informed by email at the address provided.
To finalize the order, the Customer must click “Pay for order.” The Customer acknowledges that placing an order implies an obligation to pay.

Order confirmation constitutes full acceptance of these GTC and results in the conclusion of a contract between BG GROUPE SAS and the Customer.

An order number is immediately assigned to the Customer.
An order confirmation email acknowledging receipt, acceptance, and payment is sent by Musier as soon as possible to the email address provided during checkout. A second email containing shipment tracking information will also be sent.
An invoice is available upon request from Customer Service.
If the Customer does not receive these emails, they should check their spam folder. Musier cannot be held responsible if the email address entered by the Customer is incorrect.

Payment

Payment for orders may be made using the following methods:

  • Credit Card (Visa, Mastercard, American Express - available soon - , CB, Bancontact, Maestro). The Customer’s card will be charged when the order is confirmed. Payment is processed on the website via the payment provider Stripe, which uses SSL security. The Customer’s confidential data is transmitted to the provider’s server in encrypted form and is never transmitted to Musier’s server. The provider’s server is itself connected to the servers of the banks in each relevant country.
  • PayPal -Customers selecting PayPal will be redirected to their PayPal account to complete the payment.
  • Installment Payments (Alma): available in the following countries: France, Belgium, Spain, Germany, Italy, Austria, Ireland, Luxembourg and the Netherlands. 

    By choosing this payment method, the Customer will be redirected to a page allowing Alma to validate their request. Customer details will be transmitted to Alma, which will provide a payment schedule if the application is approved.

    By choosing this method, the Customer agrees to Alma’s customer terms and conditions.

  • Gift Card : Gift cards may be used as a partial or full payment depending on the order amount (see the Gift Card section below).

Secure Payment

All payments made on the Website are fully secured.

Credit card data is encrypted using SSL (Secure Socket Layer) technology and transmitted directly to the payment provider’s servers. Musier does not have access to the Customer’s banking details.

Final Agreement on Payment

The Customer’s attention is drawn to the fact that validating an order implies an obligation to pay the agreed price.

Once the order has been confirmed, it cannot be canceled, except through the exercise of the right of withdrawal described below.

Musier reserves the right to suspend or cancel the execution of an order and/or delivery in the event of non-payment, partial payment, payment incident, fraud, or attempted fraud related to the use of the Website.

Delivery

The Website offers international delivery.
If the Customer's country is not listed among the available countries when entering the delivery address, the Customer is invited to contact Customer Service, which will review the request.
Unless otherwise specified or agreed upon with regard to the delivery date, Musier undertakes to deliver the Products ordered within fourteen (14) calendar days after payment of the order.
Digital products and access to subscribed services are sent instantly by email at the time of purchase.
Delivery is made by transferring physical possession or control of the Product and will be made to the address indicated by the Customer; it will constitute a transfer of ownership except in the case of payment in instalments. The transfer of ownership of the goods can only take place upon receipt of the full price by BG GROUPE SAS.
The Product(s) will be delivered either to the Customer or to a third party designated by the Customer.

Rates and Delivery Methods

The Website offers delivery:

  • To your home,
  • To pick-up points,

Rates and delivery methods vary depending on the selected delivery zone:

Mainland France, Monaco

Colissimo (home/work, post office, pick-up point/locker):
Cost: Standard delivery is free for orders over €200 (otherwise, €5).
Delivery time: 2 to 3 working days after dispatch.

Mondial Relay:
Cost: Free delivery for orders over €200 (otherwise, €6).
Delivery time: 3 to 5 working days after dispatch.

French Overseas Departments and Territories

Delivery method: Delivery is via Colissimo.
Cost:
- Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Saint-Martin, Saint-Pierre-et-Miquelon, Saint-Barthélemy: €15.
- French Southern Territories, French Polynesia, New Caledonia: €25
- Delivery time: 5 to 7 working days after dispatch.

European Union
Delivery by Colissimo to home or pick-up point, then via local postal service.
Cost: Free for orders over €200 (otherwise €15).
Delivery time: 3 to 8 working days (depending on destination).

Delivery by Mondial Relay is possible in Belgium, Spain, Luxemburg, Germany, the Netherlands, and Portugal.
Cost: Free for orders over €200 (otherwise €10).
Delivery time: 3 to 5 working days (depending on destination).

Switzerland

Delivery by Colissimo International, then via local postal service.
Cost: €15 for any order.
Delivery time: 3 to 8 working days.

United Kingdom
Delivery by DHL, custom duties included
Cost: €15 for any order.
Delivery time: 3 to 8 working days.

United States and Canada
Delivery by DHL, custom duties included
Cost: $30 for any order.
Delivery time: one working week.

Other Countries 
Delivery by DHL
Cost: $30 for any order.
Delivery time: one working week (depending on destination).


Delivery Issues

In case of delivery anomalies (damaged package, missing product, damaged item), the Customer must:

  • indicate any reservations on the carrier’s delivery note before signing
  • notify Musier Customer Service within 24 hours of receipt (without prejudice to the Customer's right to send a registered letter to the carrier within the three-day period provided for in Article L.133-3 of the French Commercial Code, in which case the Customer undertakes to send a copy to Customer Services so that it can investigate with the carrier).

Failing this, claims related to delivery anomalies may not be accepted.

If a package is lost during transport, investigation procedures may take 1 to 3 weeks depending on the carrier.

Musier cannot be held responsible for delivery failures due to incomplete or incorrect addresses provided by the Customer.
If the recipient is absent at the time of delivery, the delivery person will leave a delivery notice in the letterbox. The parcel must then be collected from the address specified on the delivery notice, upon presentation of the delivery notice and proof of identity in the name of the person collecting the parcel.

Gift Cards

Gift cards purchased on the Website are valid for 12 months from the date of purchase. They may be used on all products available on the Website using the code received by email.

Gift cards:
- may be combined with promotional offers
- cannot be used to purchase another gift card
- cannot be refunded, exchanged or replaced , even in case of theft, loss, damage or expiry.
If the code associated with the gift card is forgotten or lost, the Customer is invited to contact customer service.

Customer Account

Customers may create a Customer Account on the Website, although this is not mandatory as order is possible in "guest mode".

To open a Customer Account, a valid email address must be provided. A unique identification code will be sent by email to the customer to log in to their account. These login details are personal to the Customer. It is the Customer's responsibility to take all necessary measures to keep their personal login details secure. Any login using the Customer's login details will be deemed to have been made by the Customer, and the Customer may be held liable for any actions taken on their Account, except in the case of fault on the part of Musier.
In the event of fraudulent use of the Account, the Customer is asked to inform Musier as soon as possible.
If the Customer loses or forgets password, they can reset it by following the procedure provided on the Website.

Customer Service and Care

For any question regarding an order, shipping, returns or products, Customers may contact Musier Customer Service:

Opening hours: Monday to Friday, 10:00 AM – 7:00 PM (Paris time)

Email: client@musier.com

Phone: +33 9 74 99 06 70
Contact form available on the Website.

Musier Guarantees

We pay the greatest attention to the quality of its products. All garments are manufactured by partner workshops located within the European Union. This production method enables Musier to guarantee products of impeccable quality.
However, the Customer is invited to contact Musier if any defects escape the brand's attention. Musier will make it a point of honour to reimburse the Customer.
Musier offers a 30-day satisfaction guarantee for physical products, provided they are returned in perfect condition

Legal Guarantees
Legal guarantees apply independently of any commercial guarantees offered by Musier.

In accordance with French law, if the Customer is a consumer within the meaning of the Consumer Code and provided that BG GROUPE SAS is the seller from whom the Customer purchased the goods or services, BG GROUPE SAS is liable for any lack of conformity of the goods with the contract under the conditions set out in Article L. 211-4 et seq. of the Consumer Code and for any hidden defects in the goods sold under the conditions set out in Articles 1641 et seq. of the Civil Code.

Legal Guarantee of Conformity

The seller is required to deliver goods that conform to the Contract and is liable for any lack of conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when such installation is the Seller’s responsibility under the Contract or has been carried out under the Seller’s responsibility.

To be considered in conformity with the Contract, the goods must:

1° Be fit for the purposes for which goods of the same type are normally used and, where applicable, correspond to the description provided by the Seller and possess the qualities that the Seller has presented to the Customer in the form of a sample or model, as well as the qualities that a Customer may legitimately expect in light of public statements made by the Seller, the manufacturer, or their representative, particularly in advertising or labeling;

2° Or present the characteristics defined by mutual agreement between the Parties or be suitable for any special use sought by the Customer, brought to the Seller’s attention and accepted by the Seller.

Any action resulting from a lack of conformity must be brought within two (2) years from the delivery of the goods. The Customer may choose between repair or replacement of the goods, subject to the cost conditions provided for under Article L.211-9 of the French Consumer Code.
The Customer is not required to prove the existence of the lack of conformity during the six months following delivery of the goods. This period has been extended to twenty-four (24) months since March 18, 2016, except for second-hand goods.

Legal Guarantee Against Hidden Defects

The Seller is liable for hidden defects in the goods sold that render them unfit for the intended use, or that reduce such use to such an extent that the Customer would not have purchased them, or would have paid a lower price if they had been aware of the defects.

The Customer must bring any action resulting from hidden defects within two (2) years from the discovery of the defect.

In such a case, the Customer may choose either to cancel the sale or to request a reduction of the purchase price, in accordance with Article 1644 of the French Civil Code.

Exclusion of Guarantees

Items that have been modified or repaired by the Customer are excluded from the guarantee.
Similarly, the guarantee does not apply to apparent defects, in accordance with Article 1642 of the French Civil Code.
Finally, the guarantee does not cover items damaged during transport or as a result of improper use.

Right of Withdrawal
Withdrawal Period

The Customer has the right to withdraw from this contract without giving any reason within fifteen (15) days.

Notification of Withdrawal

In the event of withdrawal (for example, if the wrong product was purchased), the Customer is invited to contact Musier by email as soon as possible in order to prevent shipment and find a solution together. If the product has already been shipped, Musier will apply the standard return conditions upon receipt of the item (return shipping costs may apply).

The withdrawal period expires fifteen (15) days after the day on which the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the goods or of the last item delivered.

To exercise the right of withdrawal, the Customer must notify Musier of their decision by means of an unambiguous statement (for example, a letter sent by post or email). The Customer can use the return portal, which can be accessed via the website footer, and select the reason "I wish to exercise my right of withdrawal". The Customer may also use the following model withdrawal form:

To the attention of BG GROUPE (Musier)
23 rue Nollet
75017 Paris, France
client@musier.com

I hereby notify you of my withdrawal from the contract relating to the sale of the following goods / provision of the following service:

Ordered on:

Received on:

Customer name:

Customer address:

Customer signature:

Date:

The Customer may send this notification:

By mail:
BG GROUPE (Musier)
23 rue Nollet
75017 Paris, France

By email:
client@musier.com

If this option is used, Musier will promptly send an acknowledgment of receipt of the withdrawal on a durable medium (for example by email).

The withdrawal period is deemed respected if the Customer sends their communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

Return Procedure

The Customer may use the Return Portal accessible from the website footer or from their customer account. The Customer will need to provide their order number and email address.

The Customer may also contact Customer Service via email or through the contact form.

A prepaid return label will be provided for returns from France and Belgium. For returns from other countries, a return label will be provided and the corresponding cost will be deducted from the refund.

Products must be returned within 14 days after notification of the return request.

Garments must be:
- unworn
- unwashed
- unaltered
- returned with their original tags
- returned in their original packaging

Effects of Withdrawal

If the Customer withdraws from the contract, Musier will refund all payments received, including delivery costs (except for additional costs resulting from the Customer choosing a delivery method other than the least expensive standard delivery option offered).

The refund will be issued without undue delay and no later than fourteen (14) days from the day Musier is informed of the Customer’s decision to withdraw.

Musier will carry out the refund using the same payment method used for the initial transaction, unless the Customer expressly agrees otherwise. In any event, the refund will not incur any fees for the Customer.

Musier may withhold the refund until it has received the returned goods or until the Customer has provided proof that the goods have been sent back, whichever occurs first.

The Customer must return the goods no later than fourteen (14) days after notifying Musier of the withdrawal.

The Customer is responsible for the direct cost of returning the goods.

Musier may refuse to refund all or part of the order if the goods have suffered depreciation due to handling beyond what is necessary to establish their nature, characteristics and proper functioning.

Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to contracts concerning:
- the supply of services fully performed before the end of the withdrawal period with the consumer’s prior express consent and acknowledgment of the loss of the right of withdrawal;
- the supply of goods made to the consumer’s specifications or clearly personalized;
- the supply of goods that have been unsealed or damaged after delivery and cannot be returned for reasons of hygiene or health protection;
- the supply of digital content not provided on a tangible medium where performance has begun with the consumer’s prior express consent and waiver of the right of withdrawal.

Claims

For any claim, the Customer may contact Musier by email at: client@musier.com or via the contact form available on the Website.

Non-Waiver

Musier’s failure to insist on strict compliance with any provision of these Terms shall not be interpreted as a waiver of its right to enforce that provision at a later time.

Evidence – Electronic Communication

Any notification or communication between the Customer and Musier may be made electronically and may be accepted as evidence.

Applicable Law

Unless otherwise required by mandatory legal provisions, these Terms are governed by French law.
The application of the above-mentioned law may be set aside in favor of the law of the Customer’s country in accordance with Regulation (EC) No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I Regulation).

Jurisdiction – Dispute Resolution

Before initiating legal proceedings, the parties may seek an amicable resolution of the dispute.
In accordance with French consumer law, the Customer may also use the CM2C mediation service, to which BG GROUPE is affiliated: https://cm2c.net/

The mediator may be contacted for any consumer dispute that has not been resolved by Customer Service.
Unless otherwise required by mandatory legal provisions, any dispute not resolved amicably shall fall within the jurisdiction of the competent courts under the Paris Court of Appeal, including in cases of summary proceedings, third-party claims or multiple defendants.