OVERVIEW
Welcome to The Maison Marie! The terms “we”, “us” and “our” refer to The Maison Marie. The Maison Marie operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping and rental experience (the “Services”), with any item you purchase or rent from us on our web store (the “Products”). The Maison Marie is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with the other policies on our website (collectively the “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you explicitly agree to be bound by these Terms of Service and our Privacy Policy, and we are unable to provide Services to you if you have any disagreement with our Terms.
SECTION 1 - ACCESS AND ACCOUNT
The Services are intended for adults only and are not for use by children under 18 years of age. By agreeing to these Terms of Service, you represent that you are at least 18 years old. You may not allow minors under 18 to use the Services, and we disclaim all liability for any such use. If you are under 18, you are not permitted to use the Services.
All Services are available only to US residents and for delivery within the US. We do not conduct business in any other regions or countries. By using the Services, you represent that you are located in the US and agree that no privacy rights, laws, restrictions, or regulations outside the US apply. We do not intend to comply with or be subject to any non-US legal requirements or authorities, and you access the Services at your own risk if outside the US.
To use the Services, including accessing or browsing our online stores or renting or purchasing any of the Products or Services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in is authentic, correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and Services. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. You agree to the specific terms of any Products or Services you purchase, including subscription terms, costs, charges or recurring charges, and return requirements.
We do not warrant that the appearance or quality of any products or services (including rented items) purchased or rented by you will meet your expectations or be the same as depicted or rendered in our online stores. You are responsible for reviewing sizing, materials, and any allergies or sensitivities before use.
All descriptions of Products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any Product at any time and may limit the quantities of any Products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order or rental, you are making an offer to purchase or rent. The Maison Marie reserves the right to accept or decline your order or rental for any reason at its discretion. Your order or rental is not accepted until The Maison Marie confirms acceptance. We must receive and process your payment before your order or rental is accepted. Please review your order carefully before submitting, as The Maison Marie may be unable to accommodate cancellation requests after an order or rental is accepted. In the event that we do not accept, make a change to, or cancel an order or rental, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases and rentals are subject to return or exchange solely in accordance with our Refund Policy, Early Unlock, and fit swap terms in accordance with our policies.
You represent and warrant that your purchases and rentals are for your own personal or household use and not for commercial resale or export. For rentals, you agree not to alter, sub-rent, or misuse items.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order or rental is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, or rental deposits/fees.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, rental, payment and account information for all purchases and rentals made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase or rental, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 4A - MEMBERSHIP PAUSE AND CANCELLATION
Membership Pause
Members may request to pause their membership by contacting our team at help@themaisonmarie.com. Pause requests will only be processed by The Maison Marie team.
Once approved:
• The pause will take effect immediately upon confirmation from our team
• Billing will be paused from the effective date
• The membership renewal cycle will be paused
Important conditions:
• All rented items must be returned before a pause can be approved
• Any outstanding balances must be settled prior to the pause being activated
• The Maison Marie reserves the right to delay or deny a pause request where items are outstanding or account issues exist
Pause duration:
• Memberships may be paused for up to three (3) months
Resumption:
• At the end of the pause period, the membership will automatically resume from the same point in the billing cycle
Membership Cancellation
Members may request cancellation of their membership by contacting our team at help@themaisonmarie.com.
A minimum of thirty (30) days' notice is required for membership cancellations.
Submitting a cancellation request does not immediately terminate the membership. During the notice period, the membership will remain active and members may continue using their wardrobe and membership benefits.
Cancellation will take effect at the end of the applicable notice period or at the end of the current billing cycle, whichever occurs later.
All rented items must be returned in accordance with our return requirements before the membership is fully cancelled.
The Maison Marie reserves the right to delay cancellation where necessary to account for outstanding items, unpaid balances, or other account issues.
SECTION 4B - EARLY UNLOCK & FIT SWAP POLICY
Early Unlock
Members may request to begin a new billing cycle prior to their scheduled renewal date by submitting an Early Unlock request through our website.
By requesting an Early Unlock, you agree to the following:
• All rental items currently on loan must be returned in full before the request can be processed
• A new billing cycle will begin immediately once the Early Unlock is approved and processed
• Your membership payment will be charged at the time of processing
• Your new wardrobe allowance will refresh for the new billing cycle
No partial refunds, credits, or proration will be issued for any unused time remaining in the current billing cycle.
The Maison Marie reserves the right to delay or decline an Early Unlock request where items are outstanding, returns are in transit but not yet received, or where account issues exist.
Fit Swap Policy
We want you to feel confident in every piece you receive.
New Members:
During the first two (2) months of membership, members are eligible for one (1) complimentary fit swap per shipment if an item does not fit.
After the First Two Months:
Members may request a fit swap for a fee of $35 per request, which covers shipping and processing.
To be eligible for a swap:
• Requests must be submitted within 48 hours of delivery
• Items must be unworn and returned in original condition
• Swap requests are subject to item availability
The Maison Marie reserves the right to deny swap requests that do not meet the above conditions.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, events outside our control, or force majeure events (such as natural disasters, strikes, or pandemics). Once we transfer Products to the carrier, title and risk of loss passes to you (for rentals, risk of loss remains with you during the rental period). To the fullest extent permitted by law, we disclaim any liability for claims arising from late delivery, including consequential damages such as missed events, lost income, or other indirect losses. You agree that time is not of the essence unless explicitly agreed to by one of our representatives in writing prior to submitting your order.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by The Maison Marie, its affiliates or licensors and are protected by U.S. and applicable state patent, copyright and other intellectual property laws. The Maison Marie's trademarks, including “The Maison Marie,” are protected and may not be used without permission.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Products or the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of The Maison Marie, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by The Maison Marie.
The Maison Marie’s names, logos, product and service names, designs, and slogans are trademarks of The Maison Marie or its affiliates or licensors. You must not use such trademarks without the prior written permission of The Maison Marie. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – THIRD PARTY TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or relating to your use of any third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
The Maison Marie is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Maison Marie. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Maison Marie, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Maison Marie.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read and agreed to these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit will be transmitted to and shared with Shopify as well as third parties in order to provide services to you.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its veracity. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any federal, state, or local laws; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm The Maison Marie, Shopify or users of the Services, or expose them to liability.
Additionally, for rented items, you may not modify, repair, or sub-rent without our consent.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration and Class Action Waiver, Severability, Waiver; Entire Agreement, Assignment, Governing Law and Venue, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY THE MAISON MARIE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL THE MAISON MARIE, OUR PARTNERS, DIRECTORS, OFFICERS, OWNERS, STOCKHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
In no event will our aggregate liability to you exceed the greater of $100 or the fees paid by you for the Services in the one month preceding the claim (or prorated amount for subscriptions). Liability is limited to The Maison Marie as a company and does not extend to its owners, officers, directors, or shareholders personally.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Maison Marie, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, including any damage or loss of rented items, or (4) any injury, damage, or claim arising from your use or misuse of any products or items received from us (e.g., allergic reactions, sizing issues, or accidents).
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - ARBITRATION AND CLASS ACTION WAIVER
Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Forsyth County, Georgia. Judgment on the award may be entered in any court having jurisdiction. You waive any right to a jury trial.
You agree that all claims must be brought in your individual capacity and not as a class, consolidated, or representative action. You waive any right to participate in class actions.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW AND VENUE
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict of law principles. You and The Maison Marie consent to exclusive venue and personal jurisdiction in the state and federal courts located in Forsyth County, Georgia.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS
You can review the most current version of the Terms at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law (e.g., via email), and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@themaisonmarie.com.
Our contact information is posted below:
The Maison Marie
info@themaisonmarie.com
53 South Main Street #300 Alpharetta, GA 30009
