- TERMS OF SALE
Last Updated on 11/11/2019
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the terms below will have the definition attached to them, unless the context otherwise requires. The singular / plural for each of the defined terms includes its plural / singular when the context requires it or allows it:
Refers to any natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity, who orders one or more Product (s) through the Site. This person must be at least eighteen years of age and have full legal capacity, or if the person is a minor, they must have parental permission to place an Order.
Refers to these terms of Sale
Refers to a Buyer's purchase order for one or more Products and communicated through this Site.
Refers to a property offered for sale on the Site as defined below.
Refers to the maisonmartinmorel.com website on which Martin Morel sells the products, accessible at the following addresses :
French version: https://maisonmartinmorel.com
English version: https://en.maisonmartinmorel.com
ARTICLE 2 - APPLICATION AND OPPOSABILITY OF THE TERMS AND CONDITIONS OF SALE
2.1. These TOS apply in their own right to the sale by MMM of Product (s) to any Buyer as part of his Order.
2.2. No special conditions can prevail on the GSC. Any contrary condition, including purchase, is ineligible against Maison F.
2.3. Any Product Order (s) implies the Buyer's full and unreserved knowledge and acceptance of the Terms and Conditions. To materialize this acceptance, the Buyer must check the box provided for this purpose before validating his Order on the Site. Otherwise, his Order can not be taken into account.
2.4. The Terms may be subject to change, the conditions applicable are those in force on the Site at the date of placing the Order.
ARTICLE 3 - PRODUCTS
3.1. Features / Availability of the Products
3.1.1. Maison Martin Morel implements all the means at its disposal to include on the Site a precise description of the Products.
However, the Buyer acknowledges and agrees that minimal differences between the characteristics of the Products (photographs, descriptions of the Products, compositions, colors, etc.) communicated on the Site and those of the Products actually delivered may exist.
3.1.2. All Products sold by Maison Martin Morel on the Site comply with the French legislation and the standards that are applicable in France.
3.1.3. Maison Martin Morel reserves the right to modify or remove any information (s) specified on the Site concerning any Product (s).
3.1.4. Maison Martin Morel reserves the right to withdraw from the sale on the Site any / all Product (s).
3.1.5. Products are offered within the limits of the availability posted on the Site. In the event of the unavailability of a Product after the final confirmation of the Order by the Buyer, Maison Martin Morel will inform the Buyer by email of the automatic cancellation of the Order of the unavailable Product. If the Buyer's Order has been debited before the unavailability of the Product is revealed, the Buyer will be refunded the price of the Product to the bank account debited, within 8 (eight) business days.
3.2. Products Prices
3.2.1. On the pages of presentation of the Site, the price of the Products is indicated except expenses of delivery.
3.2.2. The amount of the delivery costs is indicated to the Buyer at the time of the final validation of his Order on the Site. As part of promotional operations, Maison Martin Morel will be able to reduce or offer free delivery costs.
3.2.3. Maison Martin Morel reserves the right to modify at any time the price of the Products presented on the Site.
3.2.4 The price invoiced by Maison Martin Morel to the Buyer is the price indicated at the time of the validation of the basket and in the confirmation email of the Order sent to the Buyer.
3.2.5. For an Order delivered in the European Union (excluding the United Kingdom) and Albania, Andorra, Anglo-Norman Islands, Belarus, Bosnia and Herzegovina, Crete, Faroe Islands, Gibraltar, Guernsey, Iceland, Jersey, Kosovo, Liechtenstein, Macedonia, Man (island), Moldova, Montenegro, Norway, Russia, San Marino, Serbia, Switzerland, Ukraine, Vatican City:
18.104.22.168. The price of the Products is indicated in euros (€) all taxes included, except expenses of delivery.
22.214.171.124. The price of the Products takes into account the French VAT applicable on the date of the order. Any change in the applicable rate may be reflected in the price of the Products after the date of entry into force of the new applicable rate.
3.2.6. For an order delivered in the United Kingdom :
126.96.36.199. The price of the Products is indicated in euros inclusive of all taxes, excluding delivery charges.
188.8.131.52. The price of the Products takes into account the French VAT applicable on the date of the order. Any change in the applicable rate may be reflected in the price of the Products after the date of entry into force of the new applicable rate.
3.2.7. Rest of the world :
184.108.40.206. The price of the Products is indicated in euros, including taxes and delivery charges.
220.127.116.11. The Buyer acknowledges and agrees that it will be his responsibility to pay separately all customs duties and taxes legally payable in his country of delivery.
3.3. Transfer of ownership
The Products remain the entire property of Maison Martin Morel until full payment of the price of the Order by the Buyer, which acknowledges and accepts the Buyer.
ARTICLE 4 - ORDER
4.1. Creation of a customer account / Login in the customer account
4.1.1 Before his first Order on the Site, the buyer must create a customer account, via the "Register" section of the Site. The buyer must complete the form with the requested data and must provide a valid e-mail address.
4.1.2. The Buyer undertakes to provide Maison Martin Morel with complete and accurate information.
4.1.3. The Buyer must update his personal information.
4.1.4. Thereafter, after its first purchase on the Site, and in order to make any new Order on the Site, the buyer will have to connect to his customer account, via the "Log In" section on the Site.
4.1.5. MMM may at any time disable the customer account of a Buyer in its sole discretion, including (but not limited to), in case of suspicion of the theft of the identity of a third party, non-compliance with the GSC, or default of payment of a previous Order.
In addition, a Buyer may ask Maison Martin Morel to deactivate his account.
4.1.6 It is the responsibility of the Buyer to ensure the security of the identifier and the password chosen for the creation of his customer account. Any connection to this account from the username and password of the Buyer is presumed made by him.
All the steps necessary to place the Order are specified on the Site, the Buyer must follow the online sales path and double-click on "Pay" to finalize his Order in a final way.
In order to place an Order, the Buyer must provide a valid delivery address and a valid phone number. Maison Martin Morel can not be held responsible for the impossibility of delivering the Product (s) in the event that the Buyer has incorrectly entered his delivery address or any other information.
4.3. Order Confirmation
4.3.1. Maison Martin Morel will send the Buyer an email confirming his Order, provided that the Buyer has indicated in his customer account a valid email address.
4.3.2. In case of non-receipt of the confirmation email, the Buyer is invited to contact Maison Martin Morel in accordance with the terms and conditions described in Article 11 of the TOS.
4.4. Order Tracking
The Buyer can consult the processing status of his Order by contacting Maison Martin Morel by email at email@example.com
4.5 Proof of Orders
It is expressly agreed that e-mails will be valid between the Parties as well as the automatic registration systems used on the Site, including the nature and date of the Order.
ARTICLE 5 - PAYMENT
5.1. The Order must be completly paid on the day of its purchase by the Buyer.
5.2. Payment Methods
5.2.1. Payment is made online either by Stripe or PayPal.
5.2.2. Maison Martin Morel reserves the right to modify the authorized means of payment referred to in article 5.2.1.
5.2.3. The Order is debited to the account of the Buyer on the day of placing the Order.
5.2.4. Maison Martin Morel will not be obliged to proceed with the delivery of the products ordered by the Buyer if it does not pay the price in full under the conditions indicated above. Payments made by the Purchaser will be considered final until after the final payment by Maison Martin Morel of the sums due is done.
5.3. Security and confidentiality of data transmitted online
Maison Martin Morel uses all means at its disposal, to the extent of technical knowledge, to ensure the security and confidentiality of data transmitted online. For this purpose, the Site uses a secure mode of payment SSL (Secure Socket Layer).
It is in any case an obligation of means.
After shipping his Order, the Buyer will have access to his invoice in his customer account on the Site. This invoice will be considered as accepted by him after a delay of 10 (ten) days from its posting.
ARTICLE 6 - DELIVERY
The Products will be delivered to the delivery address indicated by the Buyer when entering his Order.
The Buyer may be delivered in France, and in all countries mentioned on the Site.
Different modes of delivery are offered to the buyers. They are detailed on the page of the website Delivery and exchange.
The choice by the Buyer of a delivery method entails full acceptance of the general conditions of sale of the chosen carrier.
ARTICLE 8 - RIGHT OF WITHDRAWAL
8.1. In accordance with Article L.221-18 of the Consumer Code, the Purchaser has a period of fourteen (14) days from receipt of the ordered Product to exercise its right of withdrawal, without having to justify reasons or to pay penalties.
8.2 .The Product must be returned in its complete condition, in perfect condition, in its original packaging, with all its accessories and documents and in its original packaging.
8.3. To exercise his right of withdrawal, the Buyer must contact Maison martin Morel by email at firstname.lastname@example.org
The Buyer may also notify Maison Martin Morel that he wishes to exercise his right of withdrawal by any other means of its choice, by expressing his desire to retract without any ambiguity and by mentioning the Order concerned by the retraction.
8.4. Once the form or the declaration of retraction sent to Maison Martin Morel, the Buyer must return the Product no later than fourteen (14) days after the communication of its decision to retract to Maison Martin Morel. The Purchaser will have to print the form of retraction which it will have completed and to insert it in the parcel to return to the following address:
Maison Martin Morel
57 passage de l’argue 69002 Lyon, FRANCE
8.5. Maison Martin Morel recommends to the Buyer to keep a proof of shipment of the package, because the package remains the responsibility of the Buyer until receipt of the package by L4 Logistics.
8.6. The Purchaser will be reimbursed for all amounts paid, including delivery charges (with the exception of additional charges arising from the fact that the Buyer may have chosen a delivery method other than the least expensive standard delivery method). proposed by Maison Martin Morel).
8.7. This refund will be made no later than fourteen (14) days after the date on which Maison Martin Morel has been informed of the Buyer's decision to retract.
Maison Martin Morel may defer reimbursement until recovery of the Product or until the Buyer has provided proof of shipment of the Product, the date chosen being the date of the first of these facts.
8.8. Maison Martin Morel makes this reimbursement using the same method of payment as that used by the Buyer for the initial transaction, except with the express agreement of the Buyer so that Maison Martin Morel uses another means of payment.
8.9. Return costs incurred during a retraction are the responsibility of the Buyer.
8.10. The right of withdrawal may not be exercised for the contracts listed in Article L.221-28 of the Consumer Code, and in particular for contracts:
3° Supply of goods made to the specifications of the consumer or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° Supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection; (...)
9° Provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; (...) "
ARTICLE 9 - COMPLIANCE / GUARANTEES
9.1. The Products are guaranteed against defects of conformity and latent defects under the conditions provided for in articles 217-4 and following of the Consumer Code and articles 1641 and following of the Civil Code, annexed to these Terms and Conditions.
In the event that the Delivered Product is defective or non-compliant, the Buyer must inform Maison Martin Morel and return the Product in question to the address given in article 8.4, by entering in the return package its contact details and the reference of the Order.
The Buyer will be reimbursed delivery costs (except for additional costs arising from the fact that the Buyer may have chosen a delivery method other than the least expensive standard delivery offered by Maison Martin Morel).
9.2. Certain Products are likely to benefit from a commercial guarantee, independently of the legal guarantee referred to in Article 9.1. If applicable, the extent and duration of this warranty are specified on the Site.
ARTICLE 10 - RESPONSIBILITY / FORCE MAJEURE
10.1. Given the characteristics and limits of the Internet, Maison Martin Morel declines any responsibility related to the consequences of the connection to this network via the Site.
Maison Martin Morel can not be held responsible for damage to your computer equipment and the data stored therein, or any consequences that may arise on your personal, professional or commercial.
In the same way, Maison Martin Morel can not be held responsible for an erroneous price display if it is due to a computer bug or an intrusion into its computer systems. In such a case, and in particular if the Site displays indicates an identical price for each Product or prices that are manifestly incorrect, Maison Martin Morel reserves the right to cancel any Order.
In addition, Maison Martin Morel can not be held liable in the event of unavailability of the Site, regardless of the time, reason or duration of this unavailability. Access to the Site may be suspended temporarily or permanently without notice.
10.2. The responsibility of Maison Martin Morel can not be held liable for damages resulting from a fault of the Buyer in connection with the use of the Products.
The responsibility of Maison Martin Morel can not be committed if the non-performance or the bad execution of its obligations is attributable to a fortuitous event or to a case of absolute necessity, as defined by the French jurisprudence. Are considered as such, including but not limited to war, attack or terrorist threat, an explosion, a storm, strikes of any kind.
ARTICLE 11 - INFORMATION / CLAIMS
For any information, claim or question, the Purchaser must contact the Maison Martin Morel customer service by completing the online form on the Site in the "Contact Us" section or by email email@example.com
ARTICLE 12 - INTELLECTUAL PROPERTY
All elements of the Site (including but not limited to animated or still images, photographs, illustrations, texts, sounds, videos, databases, technical elements of the Site, verbal or semi-figurative or figurative marks, names, acronyms, logos , drawings, models) are protected by the provisions of the Code of Intellectual Property and belong to Maison Martin Morel or, where applicable, to the partners / licensees of Maison Martin Morel.
Therefore, any reproduction, direct or indirect, total or partial, of any element of the Site, for any reason whatsoever, on any medium whatsoever, without the prior written consent of Maison Martin Morel, is prohibited.
Any creation of hypertext link to any page (s) of the Site is subject to the prior written consent of Maison Martin Morel.
ARTICLE 13 - PERSONAL DATA
13.1. The personal data communicated by the Buyer are necessary for the creation of his customer account, as well as the management of his orders. As such, they are subject to computer processing. The recipients of this data are Maison Martin Morel, its emailing services provider, its online payment solutions provider and the logisticians in charge of the preparation and delivery of orders. The data collected is reserved for the management of accounts receivable and orders (notably for the purpose of sending any unsolicited information e-mail relating to the confirmation, shipping, tracking and delivery of orders).
13.2. The bank details communicated by the Purchaser, in case of payment of an order by credit card, are stored in the systems of the online payment solutions provider Maison Martin Morel, and are subject to special security measures. In accordance with the recommendations of the Commission Nationale Informatique et Libertés (the "CNIL"), these data are used and retained only for the purposes and for the duration of the transaction and, unless expressly agreed by the Buyer, are permanently erased once the actual payment.
13.3. The e-mail address attached to the Buyer's account when registering on the Site may be used to send e-mails concerning the processing of the said order. It can also be used to send, by Maison Martin Morel, advertising, promotional and / or commercial emails subject to validation by the Buyer of the appropriate box on his account within Site. Maison Martin Morel reserves the right, except in the case of express notification to the contrary by the Buyer, to send to the latter commercial offers for products and / or services similar to those ordered.
13.4. In accordance with the provisions of Articles 39 and 40 of the Data Protection Act of 6 January 1978 amended in 2004, the Purchaser has the right to access, modify, rectify and, where appropriate, delete data on about. The Buyer may also, for legitimate reasons, oppose the processing of data concerning him.
Article 14 - VALIDITY OF TERMS
If any of the provisions of the GTC were declared void in whole or in part, the other provisions and the other rights and obligations born from these GTCS will remain unchanged and remain applicable.
Article 15 - NO WAIVER
The fact that Maison Martin Morel abstains from demanding the execution of any of the provisions of these GCS can not be interpreted as a renunciation to invoke later said total or partial non-performance.
Article 16 - ACCESSIBILITY OF TOS
The updated version of Maison Martin Morel's TOS is constantly accessible online by the Buyer.
Article 17 – APPLICABLE LAW / ATTRIBUTION OF JURISDICTION / MEDIATION
These Terms are subject to French law. Any dispute relating to their opposability, validity, interpretation and / or performance and, more generally, any dispute in connection with the sale of the Products will be submitted to the competent courts.
Article L217-4 of the Consumer Code:
"The seller delivers a good in accordance with the contract and responds to defects 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 has been charged to it by the contract or has been carried out under its responsibility. "
Article L217-5 of the Consumer Code:
"The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. "
Article L217-7 of the Consumer Code:
"The defects of conformity which appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise.
For used second-hand goods, this period is fixed at six months.
The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. "
Article L217-8 of the Consumer Code:
"The buyer is entitled to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not ignore when he contracted. The same is true when the defect has its origin in the materials it has provided itself. "
Article L217-10 of the Consumer Code:
"If the repair and replacement of the property are impossible, the buyer can return the property and get the price back or keep the property and get a part of the price.
The same faculty is open to him:
1 ° If the requested solution, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month of the claim of the buyer;
2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks.
The resolution of the sale can not however be pronounced if the lack of conformity is minor. "
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 217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or repair of a movable property, a restoration covered by the guarantee, any period of immobilization at least seven days is added to the duration of the warranty that remained to run.
This period runs from the request for intervention of 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 by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them. "
Article 1644 of the Civil Code:
"(...) the buyer has the choice to return the thing and to get the price back, or to keep the thing and get a part of the price. "
Article 1648 of the Civil Code:
"The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. "
(Please complete and return this form only if you wish to retract your order placed on the Site)
To the attention of : Maison Martin Morel, 57 passage of the 69002 Lyon argue, FRANCE.
I hereby notify you of my withdrawal from the contract for the sale of the product below :
Ordered on: ............................................................................................................................................. ...... ..
Received on: ............................................................................................................................................. ......................
Order Number: ..................................................................................................................................
Name of the Buyer: .................................................................................................................................... ..........
Address of the Buyer: .................................................................................................................................... ... ..
Signature of the Buyer (only in case of notification of this form on paper):
Date: ................................................................................................................................................ .....................