1 Agreement
1.1 These Terms and Conditions of Sale and Website Use (“Terms”) outline the rules and regulations for the use of the LAVIEN HOME website, located at https://www.maisonlavien.com, and govern your access to and use of the Site, including all related pages, checkout pages, and services (collectively, the “Site”), and any order placed through the Site.
1.2 These Terms form a legally binding agreement between you and LAVIEN HOME (a sole proprietorship) (“LAVIEN HOME”, “we”, “us” or “our”).
1.3 By accessing the Site, placing an order, or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Site or place an order.
1.4 These Terms take effect on the date you first access the Site.
2 Contact details
2.1 If you wish to contact us about these terms, you may contact us at support@maisonlavien.com.
2.2 Our business addresses are as follows:
2.2.1 Headquarters: New York, United States of America
2.2.2 Regional Office: Singapore
2.2.3 APAC: Jakarta, Indonesia
3 Definitions and interpretation
3.1 In these Terms, “Customer” means any person who accesses the Site or places an order. “Products” means any goods offered for sale through the Site. “Order” means a purchase request submitted through the Site.
3.2 Headings are for convenience only and do not affect interpretation. Where examples are used, they are illustrative and not exhaustive.
4 Eligibility, authority, and acceptance
4.1 You represent that you are at least the age of majority in your place of residence and have legal capacity to enter into a binding contract.
4.2 If you place an Order on behalf of a company or other entity, you represent that you have authority to bind that entity.
4.3 Your submission of an Order constitutes an offer to purchase Products subject to these Terms. All Orders are subject to our acceptance. We may accept or reject any Order in our discretion, including where Products are unavailable, a pricing or listing error exists, payment is not authorised, fraud is suspected, a shipping restriction applies, or the Order cannot otherwise be fulfilled.
5 Contract formation, confirmations, and records
5.1 A contract is formed only when we issue written acceptance of your Order, which may be by an order confirmation, dispatch confirmation, or other written confirmation. An acknowledgement or automated email confirming receipt of your Order is not acceptance.
5.2 You are responsible for reviewing confirmations promptly and notifying us immediately of any obvious discrepancies.
5.3 You agree that electronic records and communications may be used to form, store, and evidence contracts and transactions.
6 Changes to the Site and these Terms
6.1 We may update the Site, discontinue features, and amend these Terms from time to time by posting an updated version on the Site.
6.2 The version in force at the time you place your Order will apply to that Order. Your continued use of the Site after any update constitutes acceptance of the revised Terms for future use and future Orders.
7 Website availability, security, cookies, and links
7.1 The accessibility and operation of the Site relies on technologies outside our control. We do not guarantee continuous accessibility or uninterrupted operation of the Site.
7.2 While we use reasonable measures intended to protect communications made through the Site, internet communications may be susceptible to interference or interception by third parties. To the maximum extent permitted by law, we do not accept liability for unauthorised access not caused by our failure to take reasonable steps required by applicable law.
7.3 The Site may contain links to third-party websites or services. We do not control those third parties and are not responsible for their content, policies, or performance. Your use of third-party services is subject to their terms and policies.
7.4 Cookies. The Site uses cookies to help personalise your online experience. By accessing the Site, you agree to the use of required cookies.
7.5 A cookie is a text file that is placed on your device by a web page server. Cookies cannot be used to run programs or deliver viruses to your device. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
7.6 We may use cookies (including optional cookies) to collect, store, and track information for statistical, analytical, and marketing purposes to operate and improve the Site. You have the ability to accept or decline optional cookies. Certain required cookies are necessary for the operation of the Site and will operate by default where permitted by applicable law.
7.7 Please keep in mind that by accepting required cookies, you also accept third-party cookies which may be used via third-party services integrated into the Site, for example an embedded video display window provided by a third party.
7.8 Hyperlinking to our Content. The following organisations may link to our Site without prior written approval: government agencies; search engines; news organisations; online directory distributors (in the same manner as they hyperlink to the websites of other listed businesses); and system-wide accredited businesses, except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Site.
7.9 These organisations may link to our home page, to publications, or to other Site information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
7.10 We may consider and approve other link requests from commonly-known consumer and/or business information sources; dot.com community sites; associations or other groups representing charities; online directory distributors; internet portals; accounting, law, and consulting firms; and educational institutions and trade associations.
7.11 We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to us; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of LAVIEN HOME; and (d) the link is in the context of general resource information.
7.12 If you are one of the organisations in Clause 7.10 and are interested in linking to our Site, you must inform us by sending an email to support@maisonlavien.com. Please include your name, your organisation name, contact information, the URL of your site, a list of any URLs from which you intend to link to our Site, and a list of the URLs on our Site to which you would like to link. Please allow up to three (3) weeks for a response.
7.13 Approved organisations may hyperlink to our Site as follows: (a) by use of our business name; (b) by use of the uniform resource locator being linked to; or (c) by use of any other description of our Site being linked to that makes sense within the context and format of content on the linking party’s site.
7.14 No use of LAVIEN HOME’s logo or other artwork will be allowed for linking absent a written trademark licence agreement.
7.15 Content liability. We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that are raised on your website. No link(s) should appear on any website that may be interpreted as libellous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
7.16 Reservation of rights. We reserve the right to request that you remove all links or any particular link to our Site, and you agree to immediately remove all links to our Site upon request. We also reserve the right to amend these Terms and our linking policy at any time. By continuously linking to our Site, you agree to be bound by and follow these linking terms and conditions.
7.17 Removal of links from our Site. If you find any link on our Site that is offensive for any reason, you may contact us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond directly.
7.18 We do not ensure that the information on the Site is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the Site remains available or that the material on the Site is kept up to date.
8 Product descriptions, images, and handmade characteristics
8.1 We take reasonable care to describe Products accurately, including materials, dimensions, care guidance, and imagery. However, colours and finishes may vary depending on display settings, lighting, batch differences, and the handmade nature of certain Products.
8.2 Many Products are handmade or hand-finished. Minor variations in glaze, colour, tone, speckling, finish, shape, thickness, dimensions, pinholes, bubbles, and hairline crazing that do not affect structural integrity are natural characteristics of artisanal goods. Such minor variations, and minor cosmetic wear to external shipping cartons, do not constitute damage, defect, or non-conformity if the Product is substantially in conformity with its description.
9 Stock availability and quantity limits
9.1 All Products are offered subject to availability.
9.2 We may impose quantity limits per person, household, address, payment method, or Order where reasonably necessary to prevent abuse, resale, fraud, or inventory distortion.
9.3 If a Product becomes unavailable after you pay but before dispatch, we may cancel the affected item or the entire Order and refund the amount actually received for the cancelled item(s).
10 Pricing, currency, and errors
10.1 Prices are stated in the currency displayed at checkout unless otherwise expressly stated.
10.2 We may correct typographical errors, inaccurate descriptions, and pricing errors at any time. If a pricing or listing error materially affects an Order, we may cancel the Order before dispatch and refund the amount actually received. Where permitted by law, we are not obliged to honour an obvious and manifest pricing error.
11 Taxes, customs, and importer responsibilities (DDU / DAP)
11.1 Unless expressly stated otherwise, prices do not include import duties, customs charges, VAT, GST, brokerage charges, local taxes, or other governmental fees that may apply in your destination country.
11.2 All Orders are shipped on a DDU / DAP basis unless we expressly state otherwise. This means you are the importer of record and are responsible for all import duties, taxes, fees, declarations, and customs compliance requirements applicable in your jurisdiction.
11.3 If you fail or refuse to pay required charges or provide required information, your parcel may be delayed, returned, abandoned, or destroyed. In such circumstances, we may refuse any refund except where required by law, and if any refund is granted, we may deduct shipping, return shipping, customs, storage, and handling charges.
12 Payment, authorisation, and fraud prevention
12.1 Payment must be made in full at the time of Order using the payment methods offered at checkout.
12.2 By submitting payment information, you authorise us and our payment providers to charge the amounts disclosed at checkout.
12.3 We may conduct verification and anti-fraud checks, including requesting additional information, and we may cancel an Order if we reasonably suspect fraud, unauthorised activity, or misuse.
13 Chargebacks and payment disputes
13.1 If you initiate a chargeback, payment reversal, or similar dispute without first contacting us and providing reasonable opportunity to investigate and resolve the matter, you agree that we may provide relevant transaction records, delivery evidence, and communications to the payment network and processor.
13.2 Where permitted by law, we may suspend future Orders or access to the Site for Customers who repeatedly initiate improper chargebacks.
14 Promotions, gift cards, and store credit
14.1 Promotions, discount codes, gift cards, and store credits are subject to the specific terms issued with them.
14.2 Unless expressly stated, they are non-transferable, cannot be exchanged for cash, and cannot be combined.
14.3 We may withdraw or amend promotions for future Orders. We may cancel an Order where a promotion was used improperly, fraudulently, or contrary to its terms.
15 Order processing, cancellations, and address accuracy
15.1 Once an Order enters processing, we may not be able to modify or cancel it.
15.2 You are responsible for providing a complete and accurate shipping address and contact details.
15.3 If an Order is returned due to an incorrect address, failure to collect, refusal of delivery, or refusal to pay customs charges, we may refuse any refund except where required by law, and if any refund is granted, we may deduct all shipping, return shipping, customs, storage, and handling charges, and any other direct costs incurred.
16 Shipping estimates, delivery, title, and risk
16.1 Delivery timelines are estimates only and are not guaranteed. Delays may occur due to carrier operations, customs clearance, peak periods, weather, strikes, sanctions screening, or events beyond our reasonable control.
16.2 To the fullest extent permitted by applicable law, title and risk of loss or damage in transit pass to you when we hand the parcel to the carrier. Where mandatory law provides otherwise, that law will prevail to the extent required.
17 Inspection on delivery and issue reporting timelines
17.1 You must inspect your Order promptly upon delivery.
17.2 If your Order arrives materially damaged in transit, incomplete, or incorrect, you must notify us within a reasonable time and provide sufficient evidence to allow us to investigate.
17.3 As an operational rule, you should notify us within forty-eight (48) hours for visible transit damage or missing items and within seventy-two (72) hours for incorrect items, together with clear photographs of the outer box, shipping label, internal packaging, and the affected item(s).
17.4 Failure to notify us promptly may affect our ability to investigate or assist with carrier or insurance claims, although it does not remove any non-excludable rights you may have under applicable law.
18 All sales final; no change-of-mind returns
18.1 Due to the fragile nature of our goods, the handmade nature of many Products, hygiene and handling concerns, and the complexity of international shipping, all sales are final.
18.2 We do not accept returns, exchanges, cancellations, or refunds for change of mind, accidental Orders, dissatisfaction with minor handmade variations, minor packaging wear, customs charges, shipping delays outside our control, or where you ordered the wrong item, colour, style, or quantity.
19 Mandatory consumer rights and non-excludable remedies
19.1 Nothing in these Terms excludes, restricts, or limits any right or remedy that cannot lawfully be excluded under applicable consumer protection law.
19.2 If mandatory law in your jurisdiction gives you a non-waivable right to a repair, replacement, price reduction, rescission, refund, or other remedy because goods are defective, unsafe, materially not as described, or otherwise legally non-conforming, we will comply with that law to the extent required.
19.3 Accordingly, the “all sales final” rule applies only to the maximum extent permitted by law.
20 Remedies and limits where permitted by law
20.1 Where permitted by law and subject always to your non-excludable rights, our primary remedy for a verified non-conforming Product may be, at our election, repair, replacement, store credit, partial refund, or full refund.
20.2 Any replacement or remedy may require return of the affected Product, and you agree to cooperate reasonably with investigation requests, including preserving original packaging and providing photographs and videos.
21 Pre-orders, made-to-order, custom, and personalised items
21.1 Pre-order, custom, personalised, and made-to-order items are non-cancellable and non-refundable once ordered, except where we are unable to fulfil the Order within a reasonably extended period, or where a refund or other remedy is required by applicable law.
21.2 Estimated production timelines are estimates only and are in addition to shipping transit times.
22 Product safety, warnings, and assumption of proper use
22.1 You must follow all care, handling, and safety instructions provided on the Site or with the Products.
22.2 Unless expressly stated otherwise, decorative ceramics and homeware may not be suitable for children, open flame, microwave use, oven use, dishwasher use, commercial use, outdoor exposure, or food contact.
22.3 You accept that ceramics and fragile goods may chip or break if mishandled. To the maximum extent permitted by law, we are not liable for damage, injury, or loss arising from misuse, mishandling, accidental damage, modification, improper cleaning, improper storage, or use contrary to instructions.
23 No professional advice and reliance disclaimer
23.1 Any guidance on the Site, including styling, care tips, and usage suggestions, is provided for general information only.
23.2 You must assess suitability for your intended use and environment. You agree not to rely on any statement as a guarantee of specific outcomes, performance, or suitability unless expressly stated as a written warranty by us.
24 Intellectual property and permitted use
24.1 All content on the Site, including text, designs, layouts, photographs, graphics, product names, branding, logos, and other materials, is owned by or licensed to us and is protected by applicable intellectual property laws.
24.2 You are granted a limited, revocable, non-exclusive, non-transferable licence to use the Site for personal, non-commercial shopping purposes only.
24.3 You must not reproduce, copy, distribute, scrape, modify, republish, frame, reverse engineer, or commercially exploit any part of the Site without our prior written consent.
24.4 Unless otherwise stated, LAVIEN HOME and/or its licensors own the intellectual property rights for all material on the Site. All intellectual property rights are reserved.
24.5 You may access the Site for your own personal use subject to the restrictions set out in these Terms.
24.6 You must not copy or republish material from the Site.
24.7 You must not sell, rent, or sub-license material from the Site.
24.8 You must not reproduce, duplicate, or copy material from the Site.
24.9 You must not redistribute content from the Site.
25 User content, repost permission, and reviews
25.1 If you submit any review, testimonial, feedback, image, tag, comment, or other content to us, or tag us in social media content that you permit us to repost, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, reproduce, publish, adapt, display, distribute, and create derivative works from that content for marketing, promotional, customer service, and business purposes.
25.2 You represent that you own or control the rights in that content and that our use of it will not infringe any third-party rights.
25.3 Parts of the Site may offer users an opportunity to post and exchange opinions and information in certain areas of the Site (“Comments”). We do not routinely filter, edit, publish, or review Comments before they appear on the Site.
25.4 Comments do not reflect the views and opinions of LAVIEN HOME, its agents, or affiliates. Comments reflect the views and opinions of the person who posts them. To the extent permitted by applicable law, we shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of, posting of, or appearance of the Comments on the Site.
25.5 We reserve the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or that cause a breach of these Terms.
25.6 You warrant and represent that: (a) you are entitled to post the Comments on our Site and have all necessary licences and consents to do so; (b) the Comments do not invade any intellectual property right of any third party, including without limitation copyright, patent, or trademark; (c) the Comments do not contain any defamatory, libellous, offensive, indecent, or otherwise unlawful material, or material which is an invasion of privacy; and (d) the Comments will not be used to solicit or promote business or custom, present commercial activities, or unlawful activity.
25.7 You hereby grant LAVIEN HOME a non-exclusive, worldwide, royalty-free licence to use, reproduce, edit, and authorise others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.
26 Prohibited conduct
26.1 You must not use the Site in any unlawful, fraudulent, abusive, harmful, or misleading manner.
26.2 You must not upload malicious code, interfere with the Site’s functionality, scrape data, harvest personal information, impersonate another person, or infringe our rights or the rights of any third party.
26.3 We may suspend or terminate access where we reasonably believe you have breached this clause.
27 Export controls and sanctions compliance
27.1 You agree not to place Orders or use the Site in violation of applicable export controls, sanctions, or trade restrictions.
27.2 We may refuse or cancel Orders where fulfilment would breach applicable law or where we reasonably suspect such breach.
28 Disclaimer of warranties
28.1 General disclaimer. To the maximum extent permitted by applicable law, the Site and all Products are provided on an “as is” and “as available” basis. We do not warrant that the Site will be uninterrupted, secure, error-free, free from viruses or other harmful components, or that access will be available at any particular time or location.
28.2 No implied warranties. To the maximum extent permitted by applicable law, we disclaim all implied warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, and any warranties arising from course of dealing, course of performance, usage, or trade.
28.3 No guarantee of suitability; customer responsibility. You are solely responsible for determining whether a Product is suitable for your intended use, environment, and handling requirements, including suitability for food contact, children, heat exposure, dishwasher use, microwave use, outdoor use, or commercial use, unless we expressly state in writing that the Product is suitable for that purpose.
28.4 Handmade and visual variations. You acknowledge that handmade, artisanal, and ceramic Products may exhibit natural variations and characteristics described in Clause 6. Such characteristics, and minor cosmetic wear to external shipping cartons, do not constitute a breach of warranty if the Product is substantially in conformity with its description.
28.5 Third-party services. Where the Site uses third-party services (including payment processors, shipping carriers, logistics providers, or embedded tools), we do not make warranties about the availability, security, accuracy, or performance of those third-party services, and your use of them may be subject to their own terms.
28.6 No oral warranties. No advice or information (whether oral or written) provided by us, including via customer service, social media, or product care suggestions, creates any warranty or representation except to the extent it is expressly stated by us as a written warranty.
28.7 Mandatory rights preserved. Nothing in this Clause 28 excludes, restricts, or limits any statutory guarantee, consumer guarantee, or other right or remedy that cannot lawfully be excluded under the laws that apply to your purchase. Where the law implies a warranty or guarantee that cannot be excluded, our responsibility is limited to the maximum extent permitted by that law.
29 Limitation of liability and negligence
29.1 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, and liability for death or personal injury where exclusion is prohibited by applicable law.
29.2 Subject to that, and to the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential loss, including loss of profit, revenue, business, savings, goodwill, opportunity, or data.
29.3 Subject always to your non-excludable rights, our total aggregate liability arising out of or in connection with any Order, Product, the Site, or these Terms shall not exceed the amount actually paid by you for the specific Product giving rise to the claim.
29.4 Where any limitation is subject to a statutory reasonableness test, it shall apply only to the maximum extent that is reasonable and enforceable in the circumstances.
29.5 The limitations and prohibitions of liability set out in this Section and elsewhere in these Terms are subject to Clause 29.1 and govern all liabilities arising under these Terms, including liabilities arising in contract, tort (including negligence), and for breach of statutory duty.
29.6 To the maximum extent permitted by applicable law, and subject always to Clause 29.1, where the Site and any information or services on the Site are provided free of charge, we will not be liable for any loss or damage of any nature arising from or in connection with the use of the Site.
30 Indemnity
30.1 To the extent permitted by law, you agree to indemnify and hold harmless LAVIEN HOME and its representatives, employees, contractors, and service providers against claims, losses, damages, liabilities, costs, and expenses arising out of your breach of these Terms, misuse of the Site, unlawful conduct, or infringement of any third-party right.
30.2 This clause does not apply to the extent a claim arises from our own fraud, wilful misconduct, or liability that cannot lawfully be excluded.
31 Force majeure
31.1 We shall not be liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, pandemics, labour disputes, carrier disruptions, customs delays, border restrictions, and other events beyond our reasonable control.
31.2 Where such an event occurs, performance times will be extended for the duration of the event and its consequences.
32. Dispute avoidance, notice, and good faith resolution
32.1 Before commencing any proceedings, you agree to contact us at support@maisonlavien.com with a detailed description of the issue, the Order number, and supporting evidence.
32.2 You agree to engage in good faith efforts to resolve disputes, including by allowing a reasonable time for investigation and response. This clause does not remove any right to commence proceedings where urgent relief is required or where mandatory law prohibits such a requirement.
33 Governing law and jurisdiction
33.1 These Terms, and any dispute, claim, or controversy arising out of or in connection with these Terms, the Site, or any Order, shall be governed by the laws of Singapore, without regard to conflict of laws principles.
33.2 You and LAVIEN HOME irrevocably submit to the exclusive jurisdiction of the courts of Singapore. However, nothing in these Terms is intended to deprive any consumer of any mandatory right, protection, or remedy that cannot be waived under applicable law in that consumer’s place of residence.
34 Exclusion of CISG
34.1 To the maximum extent permitted by law, the parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
35 Severability
35.1 If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be deemed severed to the minimum extent necessary, and the remainder of these Terms shall remain in full force and effect.
36 No waiver
36.1 Any failure or delay by us to exercise or enforce any right or remedy shall not operate as a waiver of that right or remedy.
37 Entire agreement and policy incorporation
37.1 These Terms, together with any policies expressly incorporated by reference, including the Privacy Policy, Return & Refund Policy, and Shipping & Delivery Policy, constitute the entire agreement between you and us in relation to the Site and any Order, and supersede prior communications relating to the same subject matter.