TERMS OF SALES
www.marceauparis.com (the " Site ") Is published by Marceau Paris, 24 Jean-Baptiste Pigalle 75009 Paris, a simplified joint-stock company, registered with the RCS under the number SIREN 841159684 (hereinafter" Marceau Paris ").
1 APPLICATIONS GENERAL CONDITIONS OF SALE
The general conditions of sale (the "CGV") detailed below apply to all orders of products and services placed through the Site (the"Products") to Marceau Paris by any person (the"Client").
The Customer must read the GTC prior to any order (the "Order"), the Terms and Conditions being available on the Site.
Marceau Paris reserves the right to adapt or modify these Terms and Conditions at any time. The version of the GTC applicable to any sale being the one appearing online on the site www.marceauparis.com at the time of the Order. Consequently, placing an Order requires full prior and unreserved acceptance of the GCS by the Customer by clicking on the button "I have read and I accept the general conditions of sale"
2 WEBSITE INFORMATION AND SITE ACCESSIBILITY
www.marceauparis.com is an e-commerce site owned and operated by Marceau Paris
The Site is accessible to all users of the Internet in principle 24 / 24h, 7 / 7j, except interruption, programmed or not, by Marceau Paris or its service providers, for the purposes of its maintenance and / or security or force majeure (as defined below). Marceau Pariscan not be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.
Marceau Paris does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this respect, he may freely determine, at his discretion, any period of unavailability of the Site or its content. Marceau Pariscan not be held responsible for problems of data transmission, connection or unavailability of the network.
Marceau Parisreserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the supply of the services, in a substantial and negative way, the Customer can be informed of the modifications made, but its acceptance is not solicited.
3 REGISTRATION ON THE SITE
In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (" Account ").
When creating an Account, the Customer must ensure the accuracy and completeness of the data it provides. The Customer is required to always update his personal information. In case of error in the address of the recipient, Marceau Paris can not be held responsible for the impossibility of delivering Products.
Marceau Paris may delete the Customer's Account at any time, for any reason, in its sole discretion.
The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Marceau Paris. As such, Marceau Paris can not be held responsible for the cancellation of an Order for a Product due to the depletion of stocks.
Marceau Paris takes the utmost care in the presentation and description of its products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
It is possible that the Customer receives after a Order a piece previously returned by another person. It is specified that Marceau Paris accepts only the return of intact and unworn Products, these two conditions being controlled before the return of the returned Products.
Order taking on the Site is subject to compliance with the procedure put in place by Marceau Paris on the Site comprising successive steps leading to the validation of the Order.
The Customer can select as many Products as he wants to add to the basket (the "CartThe Basket summarizes the Products chosen by the Customer as well as the prices and related expenses.The Customer may freely modify the Basket before validating the Order.Validation of the Order is confirmation of the Customer's acceptance of the Products. GTC, Products purchased, their price and associated fees.
A confirmation email summarizing the Order (Product (s), price, availability of the Product (s), quantity ...) will be sent to the Customer by Marceau Paris. For this purpose, the Customer formally accepts the use of email for confirmation by Marceau Paristhe content of his Order.
6 REFUSED TO PROCESS AN ORDER
Marceau Parisreserves the right to withdraw at any time any Product posted on the Site and to replace or modify any content or information contained on it. Despite the best efforts of Marceau Paristo satisfy the expectations of its customers, it may be that the latter is led to refuse to process an order after sending the Customer the confirmation email summarizing the Order.
Marceau Parisshall not be liable to the Customer or any third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information contained on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
Marceau Parisalso reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order.
7 PRICE AND PAYMENT TERMS
Prices are indicated on the website net to pay ", ie without VAT.
The full payment must be made when ordering. At no time the sums paid can not be considered as a deposit or installments.
The Customer pays his order by credit card (Visa, Eurocard / Mastercard ..) or PayPal to the provisions of this article.
For any transaction paid by credit card, the Customer will indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (last three digits).
The communication by the Customer of his credit card number is authorization for Marceau Paris debit his account for the amount of his order.
No sending against payment will be accepted, whatever the reason.
Marceau Paris retains the property of the article until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by Marceau Paris are 100% secure. For payments by credit card (credit card, blue card visa and e-credit card), all the information that Customers communicate to Marceau Paris are strictly protected and guarantee the compliance and security of each transaction.
Deliveries are provided by La Poste services.
Delivery means the transfer to the Customer of the physical possession of the Products (the " Delivery ").
Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order.
When Marceau Paris takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the latter is responsible for the carriage by the Customer and not by Marceau Paris.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, a natural person of his choice or a legal person (delivery to his company). ). Delivery can not be made to hotels or postboxes.
In case of impossibility to make the Delivery, due to an incorrect delivery address or the absence of withdrawal by the Customer of the Order from the selected point of withdrawal, no reshipment may be made and the Customer will be refunded in a period of five (5) days from receipt of the Order by Marceau Paris.
Marceau Paris delivers the Orders within a maximum period of ten (10) working days for a Delivery in Metropolitan France, this period being deducted from the first working day after the validation of the Order.
In order to meet these deadlines, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase code, access, names and / or intercom numbers, etc.).
Marceau Paris can not be held responsible for the delay of delivery not being done or justified by a case of force majeure (as defined below).
In case of exceeding the delivery period, the Customer may request the cancellation of the sale and obtain within a maximum of fourteen (14) days of its request to this effect the reimbursement of sums paid on the occasion of the Order. Notwithstanding the foregoing, Marceau Paris can not be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by Marceau Parisbeing possible to the exclusion of any other form of compensation.
9 RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Time and manner of exercising the right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the non-professional Client has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Marceau Paris , without having to justify his decision.
The exercise of the right of withdrawal can be made either by logging on his account in the section "order", or by using and sending the model form of withdrawal contained in the annex of the General Conditions of Sale, by mail, to the following address: Marceau Paris - 24 rue jean baptiste pigalle- 75009 Paris, France, or by email at email@example.com.
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return form provided by Marceau Paris, without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to retract in accordance with Article L. 221-21 of the Consumer Code.
Au-delà de ce délai de quatorze (14) jours, la vente est ferme et définitive. Le Produit doit être retourné dans son emballage d’origine, dans son état d’origine, neuf, non porté, non lavé. Pour effectuer un retour, le Client doit suivre la procédure indiquée sur le bon de retour reçu avec sa Commande. Le retour des Produits est pris en charge par Marceau Paris si le lieu de Livraison s’effectue en France.
The return of the Products is the responsibility of the Customer and is at his risk if the place of Delivery is not in the aforementioned countries.
9.3. Refund of Products returned under the right of withdrawal
Refund of the Order by Marceau Paris is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to retract.
Cependant, le remboursement intervient sous réserve que Marceau Paris ait pu récupérer les Produits objet du retour et de la demande de remboursement.
Marceau Paris reimbursement using the same means of payment as that used for the payment of the Order, unless expressly agreed by the Customer to use another means of payment and to the extent that the reimbursement does not result in costs to the consumer.
If the Customer does not comply with these Terms and Conditions, Marceau Pariswill not be able to refund the Products concerned. In all cases, the return costs are borne by Marceau Parisi if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
10 WARRANTIES - LIMITATION OF LIABILITY
The responsibility of Marceau Paris for any Product purchased on the Site is strictly limited to the purchase price of the latter. Marceau Paris will not be responsible for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- loss of data
- loss of working time or management
- image damage
- loss of luck, and in particular to order a Product,
- moral damage.
The documents, descriptions and information relating to the Products on the Site are not covered by any warranty, express or implied, except as provided by law.
Marceau Paris does not provide any guarantee regarding any damage that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper functioning of the computer, including any transmission resulting from a download of any content made by the Customer, software used by the latter to download the content, the Site or the server that allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device to protect against any bug, virus or other programming routine. this order proving harmful.
Customer acknowledges all risks associated with any content downloaded or obtained in any other way through the use of the Site and agrees that it is solely responsible for any damage to its computer system or any loss of data resulting from the download of this content.
Marceau Paris is only required to deliver Products in accordance with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics exhibited on the Site; (ii) they must be adapted for the purposes for which products of that kind are generally designed; (iii) they must meet the criteria of quality and strength which are generally accepted for products of the same kind and which can reasonably be expected.
In addition, Marceau Paris guarantees the consumers of the defects of conformity and the hidden defects for the products on sale on the Site under the following conditions:
Apparent Vice - Warranty - Legal Compliance - Hidden Vices
The presence of an apparent defect on a Product must give rise to complaint by email (firstname.lastname@example.org
The Customer must comply with the procedure relating to the right of withdrawal by informing in advance by any means Marceau Paris of the existence of this apparent vice, so that the return can be accepted.
Subject to the validation of a nonconformity or defect by Marceau Paris or the manufacturer as the case may be, the Customer benefits from the following guarantees:
Marceau Paris whose registered office is at 24 rue Jean Baptiste Pigalle - 75009 Paris, France, acts as guarantor within the meaning of the provisions of Articles L 217-5 and following of the Consumer Code and 1641 et seq. of the French Civil Code.
So the Customer:
- has a period of two (2) years from the date of issue of the Product to act in default of conformity of the Product,
- is exempted from showing proof of the existence of the lack of conformity of the good during the six (6) months following the delivery of the Product,
- may choose between the repair or replacement of the Product, subject to the cost conditions provided for by article L217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer may also implement the legal warranty for hidden defects of the thing sold, within the meaning of Articles 1641 and following of the Civil Code. The legal guarantee of latent defects allows the Customer within two years from the discovery of the defect, the reimbursement of a Product that has proved unfit for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects of the purchased Product and that prevent the use or affect to a point that the Customer would not have purchased.
The Customer then has the choice between two options: keep the Product and ask for a price reduction, or return the Product and request a refund of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these warranties, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the Initial Order and copy of the claim to the registered office social of Marceau Paris, after sending an email indicating the reason for the return of the Product.
For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: "The seller delivers a good in accordance with the contract and answers for the lack of conformity existing during 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.»
Art. 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, (a) if it corresponds to the description given by the seller and has the same qualities as - presented to the buyer in the form of a sample or model, and (b) if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative , especially in 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..
Art. 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 contrary. For 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.»
Art. 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 have been unaware of when he contracted. The same is true when the defect has its origin in the materials it has provided itself.»
Art. L217-9 of the Consumer Code: "In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate compared to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.»
Art. 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 solution requested, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month following 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..
Art. L217-11 of the Consumer Code: "The provisions of Articles L. 217-9 and L. 217-10 are applied without any cost to the buyer. These same provisions do not prevent the award of damages.»
Art. 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. "
Art. L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as resulting from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature which is recognized to him. by the law.»
Art. 1641 of the Civil Code: «The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render 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, if he had known them.»
Art.1642 of the Civil Code: «The seller is not held visible defects and the buyer was able to convince himself.»
Art. 1643 of the Civil Code: «He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.»
Art. 1644 of the Civil Code: «In the case of 1641 and 1643 items, the buyer has the choice to return the item and get the price back, or keep the item and get a part of the price back.»
Art. 1646 of the Civil Code: «If the seller was ignorant of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses occasioned by the sale.»
Art. 1648 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. (...).
In case of occurrence of an event of force majeure preventing the execution of these Terms, Marceau Parisinform the Customer within fifteen (15) days from the occurrence of this event, by email or registered letter with acknowledgment of receipt. Expressly, are regarded as case of force majeure or fortuitous case, besides those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial actions or disputes commercial, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in forms of commercialization, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the transaction concerned may be terminated at the request of Marceau Paris or the Client without compensation on either side. Failure to pay by the Customer can not be justified by a case of force majeure.
11 PARTIAL INVALIDITY
If one or more stipulations of the present GTC are considered as invalid or declared as such by law, regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their reach.
No tolerance, inaction or inertia of Marceau Paris shall be construed as a waiver of his rights under the GTC.
ANNEX 1: FORM OF RETRACT FORM
(Complete and return this form and the order number only if you wish to withdraw from the contract.It is also advisable to specify your order number)
To the attention of Marceau Paris - 24 Jean Baptiste Pigalle Street - 75009 Paris, France
I notify you by the presence my withdrawal of the contract for the sale of the property (s) below:
Ordered on ............... .. (date of order) and / or received on ............... .. (date of delivery)
Name of the Consumer Client:
Consumer Customer Address:
Signature of the consumer Customer (only in case of notification of this form on paper)
For more information, please contact Customer Service at email@example.com