Terms & Conditions of Sale and Website Use

1.1 Contracting seller. The seller and contracting party is Soufiane Boudarraja, acting under the trading name Maison The Five. Maison The Five may also appear in brand presentation as THE FIVE. Full business identity, geographic address and legally required direct contact information are provided in the Legal Notice in the Policies Hub.

1.2 Scope. These Terms govern orders for physical products placed through the English-language retail checkout on maisonthefive.com and the permitted use of the website. They apply together with the product information shown for the selected item and the order information shown at checkout.

1.3 Related policies. The Right of Withdrawal & Order Cancellation Policy, Returns, Refunds & Product Issues Policy, Shipping & Delivery Policy, Privacy Policy, Cookies Policy, Legal Notice, Product Safety Information and Intellectual Property & Brand Use Policy address specific subjects. Those documents supplement these Terms only for the subject they cover. Mandatory law prevails over every policy.

1.4 Order-specific information. If a product page or checkout statement expressly provides a more specific term for an item, delivery method, promotion or payment method, that specific statement applies to the relevant order. No supplier or service-provider policy is incorporated into the customer contract merely because Maison uses that provider operationally.

1.5 Website use is not purchase acceptance. Browsing or using the website does not by itself mean that you accept a sales contract. The sales provisions become relevant when you place an order through the checkout process described below. Website-use provisions apply while you access the website.

2.1 Consumers. The shop is designed primarily for consumers, meaning natural persons who place an order mainly for purposes outside their trade, business, craft or profession. References to statutory consumer rights apply only where the purchaser qualifies as a consumer under the applicable law.

2.2 Business purchasers. A person ordering mainly for a trade, business, craft or professional purpose acts as a business purchaser. The remaining provisions apply to that purchaser where relevant, but provisions that expressly describe consumer rights do not extend those rights beyond the law. A person ordering for an organization confirms that they have authority to bind it.

2.3 Age and authority. You must be at least 18 years old to place an order independently. A person under 18 may order only with the consent or authorization required from their legal representative. Maison may request reasonable evidence of age or authority where necessary and proportionate.

2.4 Retail quantities. The ordinary checkout is intended for personal retail quantities. Requests for unusually large quantities, resale or other commercial distribution should be agreed with Maison before ordering. Before accepting an order, Maison may decline a quantity that reasonably indicates unauthorized resale, product misuse or an operational limitation.

3.1 Essential characteristics. Each product page provides the essential characteristics available for the item, such as the product type, materials or ingredients where relevant, color, size, dimensions, design, care information, safety information and available variants. The product configuration shown in the final checkout review forms part of the order.

3.2 Your selection. You are responsible for selecting the intended product, size, color, design and quantity. Please use the product-specific size, measurement, ingredient, compatibility, care and safety information rather than relying only on a general expectation about a category.

3.3 Images, screens and technically unavoidable variation. Maison takes reasonable care to present products accurately. Screen settings, lighting and device calibration can affect the display of color. Production techniques may also create minor, technically unavoidable differences in placement, texture or finish. A difference is not treated as acceptable merely because production is involved: the delivered product must still conform to the contract and to the objective standards required by law.

3.4 Products prepared after ordering. Many products are produced, printed, assembled or otherwise prepared after an order. This operating method helps Maison maintain a focused selection. It does not, by itself, make a standard catalogue product personalized and does not automatically remove a consumer's right of withdrawal.

3.5 Substitutions. Maison will not replace an ordered product with a materially different product without your consent. If a materially equivalent outcome cannot be delivered as ordered, Maison will contact you and offer a lawful choice, which may include consenting to a clearly described alternative or receiving cancellation and a refund for the affected item.

3.6 Product-level legal information. Required warnings, manufacturer or responsible-person information, traceability identifiers, origin information and other legally required product details are provided on the product page, label, packaging or Product Safety Information page, as applicable to the product and market.

4.1 Technical steps. The usual steps for placing an order are set out below. The checkout may present additional steps required for the selected product, destination or payment method.

1. Select a product and every required option, then add the configured item to your bag.

2. Review the bag, including product, options, quantity, price and any promotion applied.

3. Proceed to the Wix-hosted checkout and provide accurate customer, contact and delivery information.

4. Select from the delivery destinations, delivery methods and payment methods actually offered for the order.

5. Review the highlighted pre-order summary, including essential product characteristics, total price, VAT, delivery charges and the delivery information shown.

6. Read and accept the version of these Terms and the required withdrawal information made available before ordering.

7. Use the final checkout button, clearly labelled to show that the order creates a payment obligation, to submit a binding offer to purchase.

4.2 Correcting input errors. Before submitting the order, you can use the bag and checkout controls to review and correct products, options, quantities, customer details, delivery information and payment selections. If the checkout identifies missing or inconsistent information, you must correct it before the order can be submitted.

4.3 Terms and receipt. The applicable Terms can be opened, downloaded and saved before the order is submitted. After submission, Maison sends an electronic acknowledgement of receipt without undue delay. Please review it and contact Maison promptly if it does not reflect the order you intended to place.

4.4 Contract language. The contract language for the current English-language storefront is English. If Maison later provides an authorized localized version, the version identified as applicable during the relevant checkout will govern, subject to mandatory local law.

4.5 Storage and access. Maison stores order and contract information for the periods required for transaction, tax, accounting, legal and customer-service purposes. The accepted contract content and required consumer information are sent on a durable medium, normally by email, within a reasonable time and no later than delivery. Customers with an account may also see order details in their order history, but account access is not a substitute for saving the confirmation sent to them.

4.6 Codes of conduct. No external customer code of conduct forms part of an order unless it is expressly identified and made available before that order. Internal supplier, platform or brand standards do not become customer contract terms merely because Maison uses them operationally.

5.1 Invitation to order. Product listings and other website content are invitations to place an order. They are not binding offers by Maison to sell every displayed item in every quantity or destination.

5.2 Your offer. By activating the final payment-obligation button, you submit a binding offer to buy the products in the final order summary at the stated total price.

5.3 Receipt is not acceptance. An automated page or message stating that the order has been received, including wording such as 'Your order is in,' confirms electronic receipt only. A payment authorization, payment receipt or temporary reservation of funds also does not by itself mean that Maison has accepted the order.

5.4 Acceptance. Maison accepts the offer when it sends a separate email that clearly states that the order has been accepted, or when it sends a dispatch confirmation, whichever occurs first. Maison will normally send acceptance when the order is released for preparation or production. The acceptance notice identifies the accepted products. A contract forms only for those products.

5.5 Acceptance period. Maison may accept an order within two business days after receiving it. If the selected payment method requires a later customer action or later confirmation of funds, the two-business-day period begins when that payment step is confirmed. If Maison does not accept within the applicable period, the offer lapses. Any payment already captured is refunded and any authorization is released without undue delay.

5.6 Objective reasons for non-acceptance. Before acceptance, Maison may decline an order for a genuine and proportionate reason, including product unavailability, an obvious price or description error, failed or unverifiable payment, a delivery restriction, a legal or safety restriction, suspected fraud or misuse, or an unsupported quantity. Maison will notify you without undue delay and will refund or release any amount received for an unaccepted order.

6.1 Currency and VAT. Customer prices are shown in EUR. For the selected EU market, displayed product prices include the applicable VAT. The checkout shows the total price payable before the order is submitted.

6.2 Delivery and other charges. Delivery charges are added and displayed before payment. Any other mandatory charge payable to Maison is included in the checkout total. If a delivery route could create an import duty, tax or charge payable directly to a public authority or carrier, Maison will disclose that possibility before ordering where it applies and is reasonably determinable. A customer is not made responsible for an undisclosed supplier fee.

6.3 Promotions. A promotion, voucher or discount applies according to the conditions shown with it. Unless expressly stated, promotions cannot be combined, exchanged for cash or applied after an order. A pricing reduction is displayed using the reference-price information required by applicable law.

6.4 Payment methods. The payment methods available for the order are shown at checkout. Availability may depend on destination, device, order value and lawful risk controls. Payment is due when the order is submitted unless the checkout clearly states a different timing for the selected method.

6.5 Authorization before acceptance. A payment may be authorized or captured before Maison accepts the order. That payment is conditional on acceptance under Section 5. If an order is not accepted, Maison returns a captured amount through the original method without undue delay or requests release of the authorization.

6.6 Payment failure and security. Maison may withhold acceptance or fulfillment while a payment remains incomplete, reversed or reasonably subject to a security review. Maison will not impose a payment-method surcharge that is prohibited by law. Payment information is handled through the checkout and payment services described in the Privacy Policy; Maison does not require customers to send payment-card details through the Contact page.

6.7 Price errors. If Maison identifies an obvious pricing or calculation error before acceptance, it may decline the order and invite you to order at the correct price. After acceptance, Maison will not increase the agreed product price or impose a new mandatory charge unilaterally.

7.1 Availability before acceptance. Availability is confirmed through the acceptance process. A product can become unavailable because a material, component, variant, lawful delivery route or production capability is no longer available. Maison does not treat upstream availability as permission to substitute a materially different item without consent.

7.2 Preparation and production. Most products are prepared or produced after ordering. The delivery information shown for the order accounts for the expected preparation or production period and transit. Supplier production averages are internal planning inputs and are not separate customer promises.

7.3 Requested order changes. If you discover an error or want to change an order, contact Maison immediately through the Contact page. Maison will make a reasonable effort to help while the order can still be changed, but a requested change is not guaranteed once preparation, production or dispatch has begun. Any agreed change will be confirmed in writing.

7.4 Voluntary pre-fulfillment cancellation. Maison may be able to cancel an accepted order before fulfillment begins. This is a practical, best-effort service and is separate from the consumer's statutory right of withdrawal. An inability to stop production does not remove a statutory right that otherwise applies.

7.5 Inability to perform after acceptance. If Maison cannot lawfully deliver an accepted product, it will inform you without undue delay and provide the remedies required by law, including refunding the affected amount where the contract is terminated. A supplier or carrier problem does not make the customer responsible for Maison's fulfillment arrangements.

8.1 Delivery area. The store currently offers delivery within supported EU destinations. The available destination is confirmed by the delivery address at checkout. Maison does not accept an order for a destination that the checkout does not offer.

8.2 Delivery period. The delivery period or estimated delivery range applicable to the order is shown before ordering and explained in the Shipping & Delivery Policy. Unless clearly identified as a guaranteed date, a displayed range is an estimate based on preparation and transit. If no delivery time has been agreed or can be inferred from the circumstances, consumer goods will be delivered no later than 30 days after contract formation, subject to the statutory rules.

8.3 Split shipments. Products in one order may be prepared or dispatched separately and may arrive in more than one parcel. Maison will not add a delivery charge beyond the amount confirmed at checkout merely because Maison divides the order into shipments. Tracking is provided for each shipment when available.

8.4 Consumer transit risk. For a consumer order, the risk of accidental loss or damage normally remains with Maison until you, or a third party designated by you other than the carrier, physically receives the goods. The statutory exception applies if you independently commission a carrier that Maison did not offer. A carrier scan may be relevant evidence, but it does not automatically determine whether lawful delivery occurred.

8.5 Address and delivery cooperation. Provide a complete and accurate delivery address and any information reasonably needed for delivery. If you identify an error, contact Maison immediately. If a parcel is returned solely because of inaccurate customer information or an avoidable failure to receive or collect it, Maison may request the reasonable, actual cost of a new delivery where the law permits. Maison bears costs caused by its own, its fulfillment agent's or the carrier's error.

8.6 Delay, loss or damage. Maison will inform you of a material known delay and will respect statutory rights to set an additional period, terminate the contract or obtain a refund where the legal conditions are met. Report a missing, visibly damaged or materially delayed shipment to Maison through the Contact page so Maison can investigate and resolve it. You are not required to pursue a carrier or supplier as a substitute for Maison.

9.1 Statutory right. Consumers normally have a 14-day statutory right to withdraw from a distance contract without giving a reason. For goods, the period normally begins when the consumer, or a designated third party other than the carrier, receives the goods. The complete conditions, timing, procedure, return-cost information, refund rules and official model form are provided in the Right of Withdrawal & Order Cancellation Policy made available before ordering.

9.2 Made after ordering is not automatically personalized. A fixed Maison design, standard size, standard color or other catalogue option does not lose the right of withdrawal merely because the item is made after the order. A statutory exception is used only where its legal conditions genuinely apply, such as goods made to an individual consumer specification or clearly personalized goods, or certain sealed hygiene goods after the seal is removed. Any applicable exception is disclosed clearly before purchase.

9.3 Online withdrawal function. During the statutory withdrawal period, the website provides a prominently placed and easily accessible 'Withdraw from contract' function. It allows the consumer to identify the contract and confirmation channel, review the withdrawal, and use a separate 'Confirm withdrawal' step. Maison sends an immediate, timestamped confirmation on a durable medium. The function supplements, and does not replace, the right to withdraw by any other unambiguous statement permitted by law.

9.4 Voluntary cancellation requests. A request to stop an order before fulfillment under Section 7.4 is not the same as exercising the statutory right of withdrawal. Maison will interpret a clear consumer statement according to its substance and will not reduce a statutory right because the customer used ordinary language rather than a particular label.

10.1 Conforming goods. Maison must deliver goods that meet the agreed characteristics and the objective requirements imposed by law. Depending on the product, those requirements can include ordinary functionality, quality, durability, safety, compatibility and reparability, as well as qualities reasonably expected from the product description and public statements. A specific departure from an objective requirement is effective against a consumer only if it is specifically disclosed before the order and expressly and separately agreed as required by law.

10.2 Statutory remedies. If goods are nonconforming, the consumer has the statutory remedies and may generally choose repair or replacement, subject to the legal proportionality rules. Maison bears the costs that the law allocates to the seller and performs cure within a reasonable time and without significant inconvenience. If the legal conditions are met, further rights can include a price reduction, termination of the contract, reimbursement and damages.

10.3 Repair information for current consumer sales. For consumer sales concluded on or after 31 July 2026, Maison will inform the consumer before cure of the statutory choice between repair and replacement and of the repair-related extension described by law. When Maison completes a repair, the original limitation period for defect claims is extended once by twelve months. These rights apply according to their statutory conditions.

10.4 Limitation period and proof. The ordinary statutory limitation period for defect claims concerning new goods is normally two years from delivery, subject to statutory extensions and exceptions. A customer does not lose statutory rights because a supplier uses a shorter internal reporting period. Maison may request reasonable information, photographs or other evidence that helps identify and resolve a problem, but a photograph, original packaging or supplier approval is not an absolute condition of a statutory remedy.

10.5 Returns process. Contact Maison before sending a product back so Maison can provide the correct case-specific instructions and avoid misrouting. This request supports efficient handling and does not impose an additional form requirement on a statutory right. Do not send a general return to a production or fulfillment address unless Maison has expressly provided that address for the specific case.

10.6 Refunds. Refund timing, method and any lawful withholding depend on whether the case concerns withdrawal, nonconformity, non-delivery, cancellation or another legal basis. Maison issues the customer-facing decision and payment. The Returns, Refunds & Product Issues Policy explains the operational steps without narrowing statutory rights.

10.7 No additional commercial warranty unless stated. Maison does not provide a separate voluntary commercial guarantee or warranty unless one is expressly identified for a product. The absence of a voluntary warranty does not affect statutory conformity or liability rights.

11.1 Ownership. Maison retains ownership of delivered goods until the full purchase price for those goods has been paid. This simple retention of title does not transfer consumer transit risk earlier and does not limit a consumer's statutory rights in the event of nonconformity, withdrawal or termination.

11.2 Recovery. Maison will rely on retention of title only in accordance with the law. In particular, a right to recover goods on that basis requires the legal conditions for termination or another applicable remedy; it is not an automatic right to seize goods following any delayed payment.

12.1 Guest checkout. An account is not required where guest checkout is offered. Creating an account is optional and does not change the statutory rights attached to an order.

12.2 Accurate information. Provide accurate, current and complete account and order information. Do not impersonate another person or use a payment method without authorization. Maison may request a reasonable correction or verification where needed to protect the customer, the store or another person.

12.3 Account security. Keep sign-in credentials confidential and notify Maison promptly through the Contact page if you suspect unauthorized access. Maison may temporarily restrict an account where reasonably necessary for security, fraud prevention or material misuse. An account restriction does not cancel an accepted order, eliminate a refund or remove a statutory right.

12.4 Order records. Authenticated customers may access available order history and saved items through the supported account experience. Maison may change account functionality prospectively, but will continue to provide contract records and exercise routes required for existing orders.

13.1 Ownership and protected material. The website and its original text, product presentation, photographs, graphics, designs, editorial structure, trade dress, names, marks, software elements and other protected material belong to Maison, its licensors or the relevant rights holder. No sale transfers intellectual-property rights in the brand, artwork or website content.

13.2 Limited permission. Maison grants a limited, revocable, non-exclusive and non-transferable permission to access and use the website for lawful personal shopping and information. This permission ends when the use no longer complies with these Terms, but ending website access does not affect rights under an accepted order.

13.3 Prohibited uses. Except where mandatory law permits otherwise, you must not copy, republish, sell, license, create derivative commercial material from, remove rights notices from, or commercially exploit protected website content without written permission. You must not use automated tools to extract protected product copy, imagery, designs or substantial parts of the catalogue; interfere with security or normal operation; introduce malicious code; probe nonpublic systems; or use the website for fraud, unlawful activity or infringement.

13.4 Mandatory exceptions. Nothing in this Section restricts a quotation, accessibility use, private copy, text-and-data-mining exception, consumer evidence use or other act that mandatory law permits and that cannot validly be excluded by contract.

13.5 Operational sourcing information. Maison may use selected production, fulfillment, payment, technology and delivery providers. Internal supplier arrangements, purchasing terms, production routing, technical mappings and other nonpublic commercial information remain Maison's confidential operations. This does not limit any legally required disclosure of manufacturer, responsible-person, origin, safety, traceability, privacy or other supply-chain information.

14.1 Service communications. When you submit a question, order issue, image or other material through a Maison contact route, you confirm that you are entitled to provide it. You grant Maison only the permission reasonably needed to receive, store, review and use that material to answer the request, administer the order, prevent misuse, comply with law and establish or defend legal claims.

14.2 Reviews and public submissions. If the website offers a public review or submission feature, the material must be truthful, relevant, lawful and respectful of third-party rights. Maison may moderate or remove unlawful, fraudulent, irrelevant or rights-infringing public material. A private customer-service message is not licensed for promotional use merely because it was sent to Maison; separate permission is required for a testimonial or campaign use.

15.1 Maison remains responsible to the customer. Maison may appoint service providers and fulfillment agents to perform parts of the order. Those arrangements do not make a provider the customer-facing seller, do not require the customer to use the provider's policy center, and do not exclude Maison's responsibility for persons whose conduct is attributed to Maison by law.

15.2 Personal data and cookies. The Privacy Policy explains how personal data is processed in connection with website use, accounts, checkout, payment, delivery and customer care. The Cookies Policy explains device-storage and tracking technologies and the available choices. These documents provide transparency; they do not convert optional processing into consent where another lawful basis applies.

15.3 External links. The website may link to a third-party site for information or a distinct service. The third party's terms apply when you choose to use that separate site or service. A link does not make the third party's terms part of a Maison product order and does not reduce Maison's obligations for that order.

16.1 Reasonable care. Maison uses reasonable care to keep the website accurate, secure and available. Temporary maintenance, technical faults, security measures or events outside reasonable control can interrupt access. Maison does not promise uninterrupted website availability, but an interruption does not remove rights under an accepted order.

16.2 Errors and corrections. Maison may correct website content prospectively when it identifies an error or a change in a future product offering. A correction does not unilaterally rewrite an accepted order. Sections 5.6 and 6.7 address obvious errors identified before acceptance.

16.3 Accessible support. If a website feature or policy is difficult to access, contact Maison through the Contact page and select the website or accessibility subject. Maison will provide reasonable assistance and, where required, the information through an accessible alternative without reducing the customer's rights.

17.1 Unlimited and mandatory liability. Maison's liability is unlimited where liability cannot lawfully be limited, including for intent or gross negligence; negligent injury to life, body or health; fraudulent concealment of a defect; an expressly assumed guarantee; claims under mandatory product-liability law; and any other liability that mandatory law makes non-excludable.

17.2 Slight negligence. For loss caused by slight negligence outside Section 17.1, Maison is liable where it breaches an essential contractual duty whose performance makes proper fulfillment possible and on which the customer may normally rely. In that case, liability is limited to the loss that was typical and reasonably foreseeable when the contract was formed.

17.3 Statutory product and defect rights. Nothing in these Terms excludes or transfers Maison's statutory obligations concerning conformity, repair, replacement, withdrawal, delivery, refunds, product safety or responsibility for legal representatives and fulfillment agents. A carrier or supplier is not made solely responsible to the customer by these Terms.

17.4 Customer responsibility. A customer remains responsible for loss they unlawfully and culpably cause, according to the general law. These Terms do not create a broad consumer indemnity or require a consumer to protect Maison from claims that arise from Maison's own responsibility.

18.1 Governing law. German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. For a consumer, this choice does not deprive the consumer of the protection of mandatory provisions of the law that would apply in the consumer's country of habitual residence without this choice.

18.2 Courts. Consumers retain every court and jurisdiction right provided by applicable law, including the consumer-jurisdiction protections that may allow proceedings at the consumer's domicile. Maison will bring proceedings against a consumer only in a court permitted by the applicable mandatory rules. For business purchasers, the statutory jurisdiction rules apply unless a valid separate agreement provides otherwise.

18.3 Consumer arbitration board. Maison is not willing or obliged to participate in dispute-resolution proceedings before a consumer arbitration board. This statement does not restrict either party's right to seek a solution directly or to use the courts. Where a consumer dispute remains unresolved, Maison will provide any case-specific notice required by consumer dispute-resolution law.

19.1 Version governing an order. The version made available and incorporated when Maison accepts an order governs that order. Maison may update these Terms prospectively when legal, operational or service requirements change, but a new version does not automatically rewrite an accepted order. Maison retains version evidence for transaction-linked policies.

19.2 Website-use changes. A revised website-use provision applies from its stated effective date to later website use. Maison will present a material change clearly where appropriate. Continued use is not treated as consent to alter an existing paid contract.

19.3 Invalid provisions. If a provision is invalid or unenforceable, the statutory rule applies in its place and the remaining provisions continue to apply where the law allows. An invalid provision is not automatically rewritten to the broadest restriction that might have been permitted.

For questions about an order, payment, delivery, withdrawal, return, product issue or these Terms, contact Maison through the Maison The Five Contact page. Maison is the customer-facing point of contact. The Legal Notice in the Policies Hub provides the complete legally required business details.

POLICY MAINTENANCE Maison The Five maintains this policy and reviews it when legal, operational or service-provider requirements change. The version shown on this page is the current customer-facing policy. It governs your relationship with Maison The Five, subject always to mandatory rights. If you need help, contact Maison through the approved customer-care route.

Current Maison policies are available in the Maison The Five Policies Hub.