In force on 01/10/2021
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (known as “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller to non-professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the MARGERENE.COM site. The Products offered for sale on the site are the following:
MARGERENE products (hereinafter “the Product(s)”)
E-Gift Cards
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site MARGERENE.COM which the customer is required to read before ordering.
The choice and the purchase of a product are the sole responsibility of the customer.
Product offerings are within the limit of stocks available, such as specified during the order process.
These GTC are accessible at any time on the MARGERENE.COM website and will prevail over any other document.
The Customer declares to have read these GTC and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the MARGERENE.COM site .
Unless proved otherwise, the data saved in the computer system of the vendor constitute proof of all transactions with the customer.
The Seller’s contact details are as follows:
MARGUERITE POMPON, SAS
14 impasse Raymond Sabarich
31100 Toulouse – France
Share capital of 1000 euros
Registered with the RCS of TOULOUSE, under the number 893580969
Email: contact@margueritepompon.com
Phone: 0789731238
Intracommunity VAT number FR91893580969
The Products presented on the MARGERENE.COM site are offered for sale for the following territories:
FRANCE
In the event of order towards one country other that the metropolitan France, the customer is the importer of the product concerned.
For all Products shipped outside the European Union and DOM-TOM, and whose request for an order has been validated in advance, 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 charged and are the sole responsibility of the customer.
ARTICLE 2 – prices
The Products are supplied at the rates in force appearing on the site MARGERENE.COM, when the order is registered by the Seller.
The prices are expressed in Euros, HT and TTC.
The rates take into account any reductions that may be granted by the Seller on the site MARGERENE.COM.
These rates are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include fees, shipping, transport and delivery, which are charged extra, under the conditions indicated on the website and calculated prior to placing the order.
Asked the customer payment corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the seller and the customer during the delivery of the ordered products.
ARTICLE 3 – Orders and pre-orders
Preorder:
Products can be pre-ordered.
This pre-order is in every way like an order with a reasonably longer preparation and shipping time, usually it is the time needed to start a production. Shipping dates are indicated on each of the pages of the products that are the subject of a pre-order.
Ordering and pre-order process
It is up to the Customer to select on the site MARGERENE.COM the Products he wishes to order or pre-order, according to the following methods:
The Customer has the possibility to buy one or more products on the website of MARGERENE.COM .By following the process below:
Selection of the Product(s) and the quantity desired by the Customer,
Validation or modification or deletion of the basket of items selected by the Customer,
The Customer can create a customer account or not according to his choice.
1 – If he chooses to create one, he must go through the step below:
-Identification of the Customer by creating an account by filling in the form by noting the mandatory elements such as name and surname, address, e-mail to receive proof of purchase and necessary information related to the purchase, password, telephone number to be reached upon delivery.
Unless otherwise specified by the customer, the billing address will be identical to the delivery address.
-Verification of the content of the order or pre-order by the Customer, the total price as well as the taxes charged, the delivery address, and invoicing
-Validation of the Customer of his payment and delivery methods.
-The Customer must read and validate the general conditions of sale as well as the privacy policy.
-Payment of items
-Receipt of the purchase confirmation email
2 – If he chooses not to create a customer account, he must go through the step below to finalize his purchase:
-Identification of the Customer by filling in the form noting the mandatory elements such as name and surname, address, e-mail to receive proof of purchase and necessary information in connection with the purchase, telephone number to be reached upon delivery.
Unless otherwise specified by the customer, the billing address will be identical to the delivery address.
-Verification of the content of the order or pre-order by the Customer, the total price as well as the taxes charged, the delivery address, and invoicing
-Validation of the Customer of his payment and delivery methods.
-The Customer must read and validate the general conditions of sale as well as the privacy policy.
-Payment of items
-Receipt of the purchase confirmation email.
Product offers are valid as long as they are visible on the site, within the limit of stocks available.
The sale will not be considered valid only after complete payment of the price. It is the Customer’s responsibility to verify the accuracy of the order or pre-order and to immediately report any errors.
Any order or pre-order placed on the MARGERENE.COM site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order or pre-order from a Customer with whom there is a dispute relating to the payment of a previous order or pre-order.
The customer will be able to follow the evolution of his order on the site.
ARTICLE 3 Bis – Space client – account
The Customer is invited, according to his choice, to create an account (personal space).
To do this, he must register by filling out the form that will be offered to him at the time of his order or pre-order and undertakes to provide sincere and accurate information concerning his civil status and contact details, including his email address.
The customer is responsible for the update of the information provided. It is stated to him that he can change them by logging into their account.
To access his personal space and order histories, the customer must identify himself by using his user name and his password which will be communicated to him after his registration and who are strictly personal. As such, the customer may not any disclosure. Otherwise, it will remain solely responsible for the use which is to be made.
The Customer may also request his unsubscription by going to the dedicated page on his personal space or sending an email to: serviceclients@MARGERENE.COM or by using a link dedicated to this purpose. It will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and / or use, the MARGERENE.COM site will have the possibility to suspend or even close the account of a customer after formal notice sent electronically and remained without effect.
Any deletion of account, regardless of the reason, results in removal outright all personal information of the customer.
Any event due to a case of force majeure with the result a dysfunction of the site or server, and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the seller.
The creation of the account entails the acceptance of these general conditions of sale.
ARTICLE 4 – Conditions of payment
The price is paid by secure payment, according to the following methods:
payment by credit card (MasterCard, Visa, American Express)
payment by mobile (Apple pay and Android pay)
payment by PayPal
Payment by E-gift card “MARGERèNE”,
The price is payable in cash by the Customer, in full on the day of the order.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment provider involved in banking transactions carried out on the MARGERENE.COM site.
Payments made by the Customer will only be considered final after the Seller has actually collected the sums due.
The seller is not required to proceed with the delivery of the products ordered by the customer if it don’t him to pay the price in full under the above conditions.
Gift e-cards
E-gift cards are valid for 1 year from their activation on the day of their purchase and sent by email to the address provided by the Customer.
The minimum amount to be credited is 10 €, and the maximum amount is 500 €
It is the responsibility of the Customer to ensure that the details he has communicated when ordering are correct so that the recipient receives the order. MARGERENE declines all responsibility in the event of an error by the Customer. We invite the customer to read the order confirmation before validating. In the event that the Customer does not receive this confirmation, it is his responsibility to contact us.
The online provision of credit card numbers and the validation of the order will be proof of the entirety of the said order and the exigibility of the sums committed, in accordance with the provisions of the law of 13 March 2000. This validation constitutes signature and express acceptance of the operations carried out on the Site MARGERENE.COM.
The E-gift card may not be exchanged, resold or credited to a card or bank account, or give rise to monetary consideration in any form whatsoever, in whole or in part.
E-Gift Cards are sold only to individuals.
The E-gift card can be used at once or in several times until its balance is exhausted. No monetary consideration may be made for a purchase of an amount less than the value of the Card or the balance remaining on the E-Gift Card.
In the event that the E-gift card does not fully cover the amount of the purchases, it is possible to complete the payment by another accepted means of payment.
The balance and the last transactions made on the E-gift card can be consulted on the customer account.
In case of return of the goods paid for by means of the E-gift card, the amount will be refunded to a new E-gift card or re-credited to the same E-gift card with the same expiry date as that used for the purchase.
The purchase of a MARGERENE E-gift card using another E-gift card is not accepted.
ARTICLE 5 – delivery
The Products ordered by the Customer will be delivered in metropolitan France or in the following area(s):
Corsica, DOM TOM, European Union, for any other country only on request.
Deliveries generally take place within 3 and 9 days depending on the delivery method selected to the address indicated by the Customer when ordering on the site.
The delivery consists of the transfer of the physical possession or control of the product the customer. Except particular cases or unavailability of one or more products, the ordered products will be delivered at once.
The seller undertakes to make its best effort to deliver the products ordered by the customer in the above specific deadlines.
If the Products ordered have not been delivered within 30 days after manifestation of the customer by email after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the customer will be refunded no later than within 14 days following the date of termination of the contract, excluding any compensation or restraint.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
When the Customer has himself taken care of using a carrier he chooses himself, the delivery is deemed to have been made as soon as the Products ordered by the Seller are handed over to the carrier who has accepted them without reservations. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
In case of special customer’s request concerning packaging or transport of the ordered products, conditions duly accepted in writing by the seller, the costs are related will be a complementary specific billing, on estimate previously accepted in writing by the customer.
The customer is required to check the condition of the delivered goods. He has a maximum period of 3 days from delivery to make claims by email to:
serviceclients@MARGERENE.COM
or by registered letter with acknowledgment of receipt to the address: MARGERENE- 14, impasse Raymond Sabarich – 31100 Toulouse – FRANCE, accompanied by all the supporting documents relating thereto (photos in particular). After this time, and failing to have respected these formalities, the products will be deemed compliant and free from any apparent defect and no claim shall be validly accepted by the seller.
The seller will refund or replace as soon as possible and at his expense, the products which the defects or apparent defects or hidden will have been duly proved by the customer, under the conditions provided for in articles L 217 – 4 and following of the Code of consumption and those provided for in these terms.
The transfer of risk of loss or damage thereto, will be realized at the point where the customer will physically take possession of the products. The products travel so at the peril of the seller except when the Client chooses himself the carrier. As such, the risk is transferred at the time of delivery of the property to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Seller’s Products to the Customer will only be carried out after the seller has paid the price in full, regardless of the date of delivery of those products.
ARTICLE 7 – Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods for a defined period, the period runs from receipt of the first good. “
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and in particular by post addressed to the Seller at the postal or email addresses indicated in ARTICLE 1 of the GTC.
Returns are to be made in their original condition and complete (labels, packaging, accessories, instructions …), not worn and allowing their return to marketing in new condition, accompanied by the corresponding purchase invoice.
Damaged, soiled, modified or incomplete Products are not taken back.
The expenses of return remaining the responsibility of the customer.
The Exchange (subject to availability) or refund will be made within a period of 14 days from the receipt by the seller, products returned by the customer under the conditions provided for in this article.
ARTICLE 8 – liability of the seller – guaranteed
The Products supplied by the Seller benefit from:
the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to legal
guarantees Article L217-4 of the Consumer
Code”The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It addresses also the defects resulting from packaging, mounting or installation instructions when it has been to his office by contract or was carried out under his responsibility. »
Article L217-5 of the Consumer
Code«The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and, if applicable:
- whether it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
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, brought to the attention of 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 good. Article
1641 of the Civil Code.
The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known about 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. “
Article L217-16 of the Consumer
Code.” When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a piece of furniture, a refurbishment covered by the warranty, any period of immobilization of at least seven days is in addition to the length of the remaining warranty. This period runs from the request of intervention of the buyer or available for repair of the property in question, if this provision is subsequent to the application for action. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.
The seller will refund, replace or will repair the product or warranty parts judged non compliant or defective.
Shipping charges will be refunded based on the rate charged and the return costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 working days upon receipt of the defective item. This refund may be made by bank transfer or cheque.
The Seller cannot be held liable 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 verify
, in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
Photographs and graphics on the site are not contractual and cannot engage the responsibility of the seller.
The guarantee of the seller is, in any event, limited to the replacement or refund of the products not compliant or affected by a defect.
ARTICLE 9 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery / delivery, entrusted to the Seller. This personal data is collected solely for the execution of the sales contract.
9.1 Collecting personal data
The personal data that are collected on the MARGERENE.COM site are as follows:
Opening an account
When creating the Customer / User account:
Surnames, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment of the Products offered on the MARGERENE.COM site, it records financial data relating to the bank account or credit card of the Customer / user.
9.2 Recipients of personal data
The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the provision of sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are):
Transport providers
Payment institution providers
9.3 Data Controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Restriction of processing
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, Customers and users of the MARGERENE.COM site have the following rights:
They can update or delete the data concerning them in the following way:
through the email address: serviceclients@MARGERENE.COM or by post: MARGERENE – 14 impasse raymond sabarich -31100 Toulouse.
They can delete their account by writing to the email address indicated in article 9.3 “Controller”
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Controller”
If the personal data held by the Seller are inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 “Data Controller”
They may request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in Article 9.3 “Controller”
They may also request the portability of the data held by the Seller to another provider
Finally, they may object to the processing of their data by the Seller
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The treatment manager must provide a response within a maximum of one month.
In case of refusal to grant the Customer’s request, the latter must be motivated.
The Customer is informed that in case of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the option to withdraw his agreement at any time by contacting the Seller (coordinates above) or following the churn link.
ARTICLE 10 – Intellectual property
The content of the MARGERENE.COM site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any full or partial reproduction of this content is strictly prohibited and is likely to constitute a crime of counterfeiting.
ARTICLE 11 – Applicable law – language
These GVS and the resulting transactions are governed and subject to French law.
These CVVs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 – Disputes
To make a claim please contact customer service at the address or e-mail the seller indicated in ARTICLE 1 of the GTC.
The customer is informed that he may in any event use conventional mediation, authorities of existing sectoral mediation or any alternative resolution of disputes (conciliation, for example) in case of dispute.
In this case, the appointed mediator is
SAS MEDIATION SOLUTION
222 chemin de la bergerie – 01800 St Jean De Niost
www.sasmediationsolution-conso.fr
E-mail: www.sasmediationsolution-conso.fr.
The Customer is also informed that he may, also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
ANNEX I
Withdrawal form
Date ___________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on MARGERENE.COM except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
Attn
: MARGERENE
14 impasse Raymond Sabarich
31100 Toulouse –
France
The Workshop does not accept the public – all parcels must be returned by post.
I hereby notify the withdrawal of the contract relating to the property below:
- Order from (indicate date)
- Order number: …………………………………………………..
- Name of the Client: ……………………………………………………..
- Customer’s address: ……………………………………………………………..
Signature of the customer (only in the case of a notification of this form on paper)