Terms of Sales
I. About Us
The Marylin Of Mars Company (hereinafter the "Company") is a company with the status of AutoEntrepreneur, whose registered office is at 4 alley of the Canal 13004 Marseille and registered under the number 347 606 360.
The Company sells to its Customers via its Website the following products: Sale of jewelery.
The Company invites Users to carefully read these Terms of Sale (hereinafter the "TOS"). The placing of an Order implies the acceptance of the GSC.
The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take this into consideration before purchasing. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read and accepted them by checking the box provided for this purpose before placing an order online. Terms of Sales govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Website. They apply to all sales concluded by the Company and are binding on any contradictory document, in particular the general conditions of purchase of the Customer. They are systematically communicated to the Customer who requests it. In the event of a later modification of the TOS, the Customer is subject to the version in force at the time of the Order.
"Customer" means the Professional or Consumer who has placed an Order for a Product sold on the Website;
"Order" means any order placed by the User registered on this Site;
"Terms of Sales" or "Terms" means these general conditions of use and sale online;
"Consumer" means the natural person purchaser who does not act for professional needs and / or outside his professional activity;
"Products" means material things that may be appropriated and offered for sale on this Site;
"Professional" means the buyer who is a legal or natural person acting in the course of his professional activity;
"Site" means this website, that is www.marylinofmars.fr;
"Company" means the Marylin Of Mars Corporation, more fully described in Section I hereof; and "User" means any legal or natural person who uses this Site;
The registration on the Site is open to all legal entities or physical majors and enjoying their full personalities and legal abilities. Use of the Site is subject to the registration of a User. Registration is free. To proceed with registration, the User must complete all the required fields; otherwise the registration can not be completed. Users guarantee and declare on their honor that all the information communicated on the Site, in particular during their registration, is accurate and in conformity. They undertake to update their personal information from the page dedicated to them and available in their account. Any registered user has a username and password. These are strictly personal and confidential and should in no case be the subject of communication to third parties penalty of deletion of the account of the offending registered user. Each registered User is personally responsible for maintaining the confidentiality of his username and password. The Company will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible, so that the latter can take the necessary measures and regularize the situation. Each User, whether a natural or legal person, may only hold an account on the Site. In case of non-compliance with the GSC, including the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to proceed to the temporary or permanent deletion of all accounts created by the User offender. The deletion of the account entails the definitive loss of all the benefits and services acquired on the Site. However, any Order made and billed by the Site prior to the deletion of the account will be executed under normal conditions. In the event of the deletion of an account by the Company for breach of the duties and obligations stated in the GTC, it is expressly forbidden for the offending User to re-register on the Site directly, via another e-mail address or by an intermediary without the express authorization of the Company.
Any Order can be made only when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and carry out his Order by pressing the "Order" button. He must provide an address, a delivery method and a valid method of payment in order to finalize the Order and effectively form the sales contract between him and the Company. The finalization of the Order implies the acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site. Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to the delivery. The placing of an Order constitutes the conclusion of a distance sales contract between the Company and the Client.
VI. Products and Prices
The Products subject to the GTC are those appearing on the Site and sold and shipped directly by the Company. The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of the available stocks of the Company. The latter can not be held responsible for stockouts or the impossibility of selling a product whose stock is non-existent. When a Registered User wishes to acquire a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (TTC), excluding postage and takes into account the applicable reductions and in force on the day of the Order. The quoted price does not include the delivery costs which will be detailed if necessary in the summary before placing the Order. If the total cost of the Products is not calculable in advance, the Company will send the Client a detailed estimate setting out the price calculation formula. Under no circumstances may a User request the application of discounts no longer in effect on the date of the Order.
VII. Payment Terms
Unless otherwise stated, all sales are paid in cash at the time of placing the Order. Depending on the nature or amount of the Order, the Company remains free to demand a deposit or payment of the full price when placing the Order or upon receipt of the invoice.
Payment can be made by :
- Bank card via a secure connection Stripe.
In the event of total or partial non-payment of the Products on the date agreed upon on the invoice, the Professional Client must pay the Company a late payment penalty at a rate equal to the rate charged by the European Central Bank for its operation. refinancing plus 10 percentage points. The financing transaction selected is the most recent on the date of the Ordering of the Services. In addition to the late payment, any sum, including the deposit, not paid on the due date by the Professional Client will automatically result in the payment of a lump sum of 40 euros due for recovery costs. In the event of total or partial non-payment of the Products on the date agreed upon on the invoice, the Consumer Client must pay the Company a late payment penalty at a rate equal to the legal interest rate. No compensation may be made by the Customer between late penalties in the supply of the Products ordered and sums due by the Customer to the Company for the purchase of Products offered on the Site. The penalty payable by the Customer, Professional or Consumer, is calculated on the amount of the remaining sum due, and runs from the due date of the price without any prior notice being required.
Products are delivered exclusively in the following geographical areas:
- Metropolitan France, Corsica.
- Rest of the world.
The Company undertakes to provide all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the Customer's geographical area, the chosen delivery method or the ordered Product. In case of exceeding the 21-day delivery deadline, except in case of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgment of receipt request, after having ordered the Company, according to the same terms and conditions. , to make the delivery within a reasonable additional time, and if the Company has not executed. In this case, the Customer will be refunded within 30 days if a payment has already been made. In the event that delivery is impossible due to an error on the address indicated by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address and any additional delivery costs will be at the Customer's expense.
In addition, the Company can not be held liable for reasons related to exceeding delivery times:
- in periods of high demand, such as holiday seasons,
- for delays caused by reasons of force majeure, ie due to the occurrence of an unforeseeable event, irresistible and beyond his control,
- for facts attributable exclusively to the carrier responsible for delivery.
The delivery is made, according to the choice of the Customer and according to the prices indicated on the Site:
- at the address indicated by the Customer when ordering by simple post.
For all orders made on this Site, the Customer has a right of complaint of 48 hours after receipt from delivery of the Product. It is his responsibility to check the apparent condition of the Products upon delivery. In the absence of express reservations made during delivery, the Products are deemed to comply with the Order. To exercise this right of complaint, the Customer must send to the Company, at the address firstname.lastname@example.org, a declaration in which he expresses his reserves and claims, accompanied by supporting documents relating thereto (receipt slip countersigned by the carrier , photographs ...) A claim that does not respect the conditions described above can not be accepted. The Company will repair, replace or refund the Product or its components as soon as possible and at its expense, subject to the physical possibility of repairing the Product or its availability in stock.
X. Right of withdrawal of the Consumer
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in Article L.121-21-8 of the Consumer Code. To exercise this right of withdrawal, the Consumer uses the form "Retraction Form" provided for this purpose on the Site. The Products must be returned in their original packaging and in perfect condition within 48 hours from the notification of retraction to the Company by the Consumer. The direct costs of return are the responsibility of the Consumer. He will be reimbursed for the totality of the fees paid for the placing of the Order within 14 days following the Company's acknowledgment of his declaration of withdrawal. The refund will be made by the same means of payment as the one used for the purchase.
XI. Transfer of risk and ownership
The Company retains a right of ownership over the Products sold until full payment by the Customer. It can therefore repossess these Products in case of non-payment. In this case, the down payments will remain acquired by the Company as compensation. For Professional Clients, the transfer of risks to the Customer takes place upon delivery of the goods to the carrier by the Company. For Consumers, the transfer of risk takes place upon delivery or when the goods are picked up at the store when the Customer has chosen a delivery in the store.
XII. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below: Article L.211-4 of the Consumer Code: "The seller is obliged to deliver a good in conformity with the contract and answers for the defects of conformity existing at the time of the 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 L.211-5 of the Consumer Code: "To be in conformity with the contract, the property must: 1 ° be fit for the customary use expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that it has presented to the buyer as a sample or 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; 2 ° 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 1641 of the Civil Code:" The The seller is bound by the guarantee for reasons of hidden defects of the thing sold that render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have acquired it, or would not have given a lower price, had he known them. " Any resale product that has been altered, modified or converted is not covered by the warranty. This is limited to replacement or refund of non-compliant or defective Products. It is excluded in case of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered. The Customer must inform the Company of the existence of defects within two years. The Company will rectify Products found to be defective as far as possible. If the Company's liability is withheld, the guarantee is limited to the amount of VAT paid by the Consumer for the supply of the Products. Replacing the Products does not extend the duration of the warranty.
The Company reserves the right to modify the Site, the Terms and Conditions as well as any delivery procedure or other component of the services provided by the Company through this Site. When an Order is placed, the User is subject to the stipulations set out in the GTC / GTC in effect when placing the Order.
XIV. IT and Freedoms
In accordance with the law of January 6, 1978, the personal data requested from the Customer are strictly necessary for the processing of the Order. They can be communicated to the partners in charge of the execution of the Orders. The User may therefore be required to receive information or commercial offers from the Company or its partners. This data processing has been declared to the CNIL. 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 and in writing. justifying his identity, to the following address: email@example.com. The User may at any time oppose the receipt of commercial offers, by writing to the address indicated above, or by clicking on the link provided for this purpose in the emails received. To enable its Users to benefit from an optimal navigation on the Site and a better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie makes it possible to store information relating to the navigation on the Site, as well as any data entered by the Users (including searches, login, email, password). The User expressly authorizes the Company to deposit on the hard disk of the user a so-called "cookie" file. The User has the option to block, modify the retention period, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or features of the Site, this malfunction can not in any case constitute damage to the member who can not claim any compensation as a result.
The Company can not in any way be held responsible for the unavailability, whether temporary or permanent, of the Website and even if it uses all its means to ensure the service at all times. may it be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation. As previously stated herein, the Company can not be held liable for late delivery for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which the fault can not be attributed to it. / p>
XVI. Intellectual property
The trademark, the logo, and the graphic charter of this Site are trademarks registered with the INPI and works of the mind protected by copyright, the property of which is the exclusive property of the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
XVII. Jurisdiction clause
The law governing the GTC is French law. Any dispute that may arise between the Company and a User during the execution of the present will be the subject of an attempt to resolve amicably. Otherwise, the disputes will be brought to the attention of the competent courts of common law.
XVIII. Acceptance of the GTC
The Customer or the User expressly accepts the Terms and Conditions. The Customer declares to be aware of it and waives any other document, including its own terms and conditions of purchase. The Consumer acknowledges having read the information and information provided for in Articles L.111-1 to L.111-7 of the French Consumer Code, and in particular:
- the essential characteristics of the Product;
- the price of the Products;
- the date or the deadline for the Company to provide the Service;
- information relating to the identity of the Company (postal, telephone and electronic coordinates);
- information on legal and contractual warranties and how they are implemented;
- the possibility of using conventional mediation in case of dispute;
- the information relating to the right of withdrawal (deadline, methods of exercise).