GENERAL CONDITIONS OF ESHOP MARIE & MARIE
The company "DOUBLE M" is a company with limited liability, with a capital of 1.000 Euros, whose registered office is located in LA MEZIERE (35 520), Avenue of the Lighthouse of Balue, ZAC of Cap Malo registered with the Register of trade and RENNES under the number 823 103 676. It is subject to VAT. Its intra-Community VAT number is: FR 82 823103676.
The company "DOUBLE M" offers clothing, cosmetics and any accessories related to the equipment of the person, for sale.
It’s contact informations are as follows:
Address: Avenue du Phare de la Balue, ZAC Cap Malo - 35 520 LA MEZIERE
Telephone: 02 23 22 48 25
II. Scope of application
These General Conditions of Sale apply without restriction or reservation to all sales concluded by the company "DOUBLE M" ("the Seller") to consumers and non-professional buyers ("Customers or Customer ") Wishing to acquire the products offered for sale by the Seller (" The Products ") on the website www.marie-et-marie.com. They specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
The main characteristics of the Products and in particular the specifications, illustrations and indications of size, are presented on the website www.marie-et-marie.com.
The Customer is required to read it before placing an order.
The choice and the purchase of a Product are the sole responsibility of the Customer.
The photographs presented on the website www.marie-et-marie.com are not contractual and cannot engage the responsibility of the Seller.
The Customer is obliged to refer to the description of each Product in order to know its properties and essential features.
Products are offered within the limits of available stocks. In the event that a Product is no longer available, the Customer will not normally be able to purchase the Product. However, if he manages to order the Product, the refund of the order will be made within a maximum of 30 days.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to in-store sales, home sales or other distribution channels and marketing.
These General Conditions of Sale are accessible at any time on the website www.marie-et-marie.com and will prevail, if necessary, on any other version or any other contradictory document.
The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure and the general conditions of use of the website www.marie -et-marie.com.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the purchase of the Customer is the one in effect on the website at the date of placing the order.
Unless proved otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail justifying his or her identity, to the company DOUBLE M (postal coordinates indicated in preamble).
The Customer acknowledges having the capacity required to contract and purchase the Products offered on the website www.marie-et-marie.com.
In case of order to a country other than metropolitan France, the Customer is the importer of the Product (s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense and are the sole responsibility of the Customer.
To purchase a Product, the Customer must follow the following steps:
1. CUSTOMER IDENTIFICATION
The Customer who has already created his account is invited when he connects to the website www.marie-et-marie.com to identify himself by filling in his username and password.
If the Customer has not already created his account, he will be required to create his account after validation of an order and before proceeding to the payment of his order. For this purpose, he will have to complete an online form.
The Customer must fill in the mandatory fields of this form and agrees to provide in this context accurate data, including a valid email and delivery address.
The information contained in the form will be stored and archived by the Seller, in accordance with the legal provisions.
2. SELECTION OF THE PRODUCT OR PRODUCTS
The Customer selects the Products he wishes to order in the e-shop. The selected Product (s) decorate a basket of Product (s).
Contractual information is presented in French and is subject to confirmation at the time of validation of the order by the Customer.
3. CHECKING THE ORDER
The Customer has the right to check the details of his order, his total price and to correct any errors before finalizing his order (Article 1127-2 of the Civil Code).
It is therefore the responsibility of the Customer to verify the accuracy of the order and to report any errors immediately.
Before definitively validating his order, the Customer has the option of deleting one or more Products from the basket.
4. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE, TERMS OF DELIVERY AND FULL PAYMENT OF THE PRICE
To validate his order definitively, the Customer is obliged to accept the present General Conditions of Sale by ticking the box provided for this purpose on the website www.marie-et-marie.com.
During this step, the Customer is invited to create his account (if he has not yet created an account), to identify himself (if he has not yet identified himself), to choose his mode and its delivery address, its method of payment and proceed to the cash settlement of the entire price by secure payment according to the terms defined below.
Any order placed on the website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
5. CONFIRMATION OF TAKING INTO ACCOUNT OF THE ORDER
The Seller acknowledges receipt of the order upon validation by sending an email to the Customer including the summary of the order.
6. POSSIBILITY OF REFUSAL OR CANCELLATION OF THE ORDER
The Seller reserves the right to refuse or cancel any order in the following cases:
- Default of payment,
- Address or other erroneous information communicated by the Customer,
- unavailability of the product,
- Existence of an earlier dispute with a Client,
- Ordering more than 10 articles or 3 identical Products (It is recalled that the website www.marie-et-marie.com is only intended for consumers or non-professionals for their personal needs).
The reimbursement of the order will be made within a maximum period of 30 days from the Seller's refusal or cancellation.
IV. M & M Club Card
The Customer can subscribe a "Club M & M" Card for a price of € 15 TTC per year, of which € 4 is donated to a woman's project chosen by the Seller.
The subscription of this card will be offered to the Customer at each order. The e-shop will display 2 prices: the normal price and the reduced price with the card.
This card allows you to benefit from a discount of 25% on the public price displayed on the website www.marie-et-marie.com, excluding exceptional transactions.
This "M & M Club" card may be offered. It will also be possible to make a payment attached to a card "Club M & M", in order to make a gift to its holder. The credit shown on this card may be used for the purchase of Products on the website www.marie-et-marie.com, or at a home sale.
The Products are supplied at the prices in effect on the website www.marie-et-marie.com, during the validation of the order by the Customer. The prices are expressed in Euros TTC.
The prices take into account any reductions that may be granted by the Seller on the website www.marie-et-marie.com and in particular the reduction linked to the subscription of a "Club M & M" Card.
The prices of the Products do not include the costs of treatment, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated below and specified to the Customer before the final validation of his order and his payment.
Any customs duties are the responsibility of the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
VI. Payment Terms
The price is payable in cash, in full on the date of placing the order by the Customer, by Visa or Master Card.
It is reminded that a credit appearing on a "Club M & M" card can be used to make the purchase of a Product on the website www.marie-et-marie.com.
Payments made by the Customer will only be considered final once the sums due have been received by the Seller.
In case of late payment and payment of sums due by the Customer, late penalties calculated at the rate of 1% per month of the amount inclusive of the price, will be acquired automatically and automatically to the Seller, without any formality or implementation. remains prior.
Products ordered by the Customer will be delivered to the address indicated by the Customer when ordering, within the following deadlines:
Option for standard delivery:
- 7 working days except special operations for which the period is 7 to 10 days, for metropolitan France,
- Legal deadline of 30 days maximum for the other countries.
Option for express delivery:
- 48/72 hours for metropolitan France,
- Deadline announced by the carrier depending on the country or DOM / TOM
The Seller undertakes to make best efforts to deliver the products ordered by the Customer within the time specified above, provided that the Customer provides accurate and complete information regarding the delivery address. These deadlines are provided for information only.
However, if the Products ordered have not been delivered within 30 days of placing the order, for any reason other than force majeure or the fact of the Customer, the sale may be resolved upon written request. the Customer under the conditions set out in Articles L216-2 and L216-3 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deductions.
Standard deliveries are provided by Colissimo (La Poste) or Relais Parcel points, at the Customer's option if the latter resides in metropolitan France. The Relais Parcel point address must be selected when choosing the method of delivery.
For the withdrawal of the order in a Relais Parcel point, the Customer is required to present a valid ID and the reference of his order which will have been recalled in the order confirmation email. The Products delivered in Relay Point Parcels are only available for fourteen (14) calendar days from delivery.
Delivery charges are fixed as follows:
• RATES FRANCE METROPOLITAN AND MONACO.
Standard delivery option:
- 7 euros for a home delivery / 5 euros for a Relais Parcel delivery
Free Relais Parcel or at home from:
- 75 euros with the Club Card
- 100 euros without the Club Card
Express delivery option:
- 15 euros for delivery at home or Relais Parcel
Rates/ 8 pounds GBP
Zone 1: Belgium, Netherlands, Spain, Luxembourg, Italy, Germany.
Zone 2: Ireland, Greece, Finland, Sweden, Denmark, Austria, Portugal, Switzerland, Norway, Lichtenstein.
Zone 3: Estonia, Lithuania, Czech Republic, Latvia, Poland, Slovakia, Bulgaria, Hungary, Slovenia, Cyprus, Malta.
Zone 4: DOM, Saudi Arabia, Dubai, other countries
International express delivery option:
- A delay and a fee will be given upon receipt of the Customer's request received by email to the address: email@example.com
VIII. Transfer of ownership - transfer of risk
The transfer of ownership of the Seller's Products, for the benefit of the Customer, will be realized after full payment of the price by the latter, regardless of the delivery date of these Products.
Irrespective of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to the products in question, will not be realized until the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
IX. Right of withdrawal - Exchange
In accordance with the legal provisions in force, the Customer has a period of fourteen days from reception of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, unless the Products are excluded from this right pursuant to Article L221-28 of the Consumer Code.
If exercising this option, the Customer may, at his option, obtain a credit, exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following the notification to the Seller of his decision to retract. Products must not have been worn and must be accompanied by their tags and hang tags.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their release on the market in perfect condition, accompanied by the invoice (available online on the Customer account ).
Damaged, soiled or incomplete products are not taken back.
The Products must be returned, at the latest within fourteen (14) days of the notification of the decision of retraction, to the following address: ...................
The right of withdrawal can be exercised online, using the return form available on this link https://www.marie-et-marie.com/en/order/history, in which case an acknowledgment of reception on a lasting support will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the will to retract.
In case of use of the right of withdrawal within the aforementioned period, only the price of the Products purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer except in case of return to a Pick-up & Go location.
The refund will be made within 30 days of reception of the Product returned by the Customer. It will be operated by the same means of payment as that used in the order that was the subject of the right of withdrawal. In case of failure or impossibility to use this method of refund, the refund will be made by check sent to the billing address.
Instead of refunding the Product, the Customer may opt for a credit or exchange of Product.
Products for sale on the Internet www.marie-et-marie.com are automatically entitled in accordance with the legal provisions,
- the legal guarantee of conformity, for Products apparently defective or damaged or not corresponding to the order,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use,
These guarantees are given under the terms and conditions described in the box below:
It is reminded that in the context of the legal guarantee of conformity, the Customer:
- has a period of two years from delivery of the property to act against the Seller;
- may choose between the repair or replacement of the ordered Product, subject to the cost conditions provided by Article L 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product.
The legal guarantee of conformity applies regardless of the commercial guarantee that may possibly cover the Product.
The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the selling price according to 1644 of the Civil Code.
- Provisions relating to legal warranties
Article L217-4 of the Consumer Code: The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the property must:
- Be fit for the usual expected use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a reinstatement covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish so much it’s use, that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
The Customer must check the Product upon delivery and inform the Seller's customer service, in writing, of the non-compliance of the Products within a maximum of 3 days from the delivery of the Products. He must also report the existence of hidden defects within 3 days of their discovery.
Non-conforming or defective Products must be returned in the state in which they were received with all the elements (accessories, packaging, instructions ...), by mail according to the procedure described on this link ...... relating to Product returns. In particular, the Customer will have to print and use a pre-paid label.
The Seller will refund, replace or have repaired Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and the cost of return will be supported by the pre-paid label referred to above.
The reimbursement of Products deemed non-compliant or defective will be made as soon as possible and no later than fifteen (15) days following the finding by the Seller of the lack of conformity or hidden defect.
The refund will be made by credit on the Customer's bank account or by check sent to the Customer.
The Seller's liability cannot be incurred in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
XI. Computers and Freedoms
Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data that are requested from the Customer are necessary for the processing of his application and the preparation of invoices, the improvement of services and information addressed, to the Customer, in particular.
These data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of the services.
This information and data is also kept for security purposes, in order to comply with legal and regulatory requirements.
The processing of information communicated through the website www.marie-et-marie.com has been declared to the CNIL.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition regarding the information concerning him.
XII. Intellectual property
The contents of the website www.marie-et-marie.com, the models of the Products for sale are the property of the Seller and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content and the models of the Products for sale on the website www.marie-et-marie.com is strictly prohibited and may constitute an offense of counterfeiting. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site that are software, visual or sound.
Any single link or hypertext is strictly prohibited without the express agreement of the Seller.
The responsibility of the Seller cannot be engaged in case of unforeseen circumstances change when the conclusion of the contract making the execution excessively expensive, in accordance with the provisions of article 1195 of the Civil Code.
Similarly, the Seller shall not be held liable if the non-performance or delay in the performance of any of its obligations, as described herein, arises from a case of force majeure within the meaning of Article 1218 of the Civil Code.
XIV. Governing Law - Language
These General Conditions of Sale are subject to French law, except in the case of more favorable provisions of the Customer's country.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be valid in case of dispute.
XV. Litigation - Mediation
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give place, concerning their validity, their interpretation, their execution, their cancellation and their consequences which could not have to be resolved between the seller and the customer will be submitted to the competent courts under common law conditions.
The Client is informed that he can in any case resort free of charge to a consumer mediator with a view to the amicable resolution of the dispute which opposes him to the Seller.
The consumer must, before any mediation, submit directly to the Seller a written complaint, with his customer service. His request for mediation cannot be examined by the consumer mediator until he establishes that he has carried out this procedure. The request for mediation must then be lodged within one year from this written complaint, on pain of inadmissibility (Article L 612-2, 1 and 4 of the Consumer Code).
Neither can a dispute be examined by the mediator when:
- the request is manifestly unfounded or abusive (Article L612-2, 2 ° of the Consumer Code);
- the dispute has been previously examined or is under examination by another mediator or by a court (Article L612-2, 3 ° of the Consumer Code);
- the dispute does not fall within its field of competence (Article L612-2, 5 ° of the Consumer Code).
At European level, the European Commission provides you with an online dispute resolution platform.
XVI. Archiving - Proof
The final validation of the order is proof of the completeness of the order in accordance with Article 1366 of the Civil Code.
The Seller stores purchase orders and invoices on a reliable and durable support constituting a true copy in accordance with the provisions of Article 1379 of the Civil Code.
The computerized records of the Seller will be considered by the parties as proof of communications, orders, payments and transactions between them.
This form must be completed and returned only if the Customer wishes to retract the order placed on the website www.marie-et-marie.com sauf exclusions or limits to the action of the right of withdrawal according to the applicable Terms and Conditions of Sale .
To the attention of :
DOUBLE M Company
Avenue of the Lighthouse Balue, ZAC Cap Malo
35 520 LA MEZIERE
I hereby notify the withdrawal of the contract for the order of the products below:
- Date of the order : ………………………………………………………….
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Customer's address: ............................................. ..........................
Signature of the Client (only in case of notification of this form on pap