Terms of Sale
ARTICLE 1 – APPLICATION OF THE GENERAL TERMS & CONDITIONS OF SALE
The Marie-Moi company website, whose address is https://www.marie-martens.com (the "Site"), is an e-commerce platform created, developed and managed by Marie-Moi (" Marie Martens " or "we"), a French company (SARL) whose registered office is located at 7 rue d'Angoulême, 78000 Versailles France, registered with the Versailles Trade and Companies Register under number 786 603 959.
These General Terms and Conditions of Sale (the "GTCS") create a contract between the customer ("Customer", "you" or "your") and Marie Martens. The Customer is a final consumer, a natural person (not a company) with full legal capacity placing an Order on the site for any use other than professional use, resale or distribution. An "Order" is defined as the commitment to purchase all the Items selected by the Customer via the Site's e-commerce service. The "Items" are the fashion products offered for sale on the Site.
All purchases for professional use, resale or distribution are strictly prohibited, and any person who does not fall within the definition of Customer should contact Marie Martens Customer Service at the following address: [email protected] for further information.
Please read these GTC carefully to ensure that, as a Customer, you correctly understand each of its provisions. By placing an order on the Site or by any other means offered by Marie Martens, you agree to be contractually bound to Marie Martens and to be bound by the provisions of these GTS and the Privacy Policy of Marie Martens , which apply generally to all use of the Site. Thus, the validation of an Order following the ordering procedure proposed on the Site implies acceptance of the GTC and the associated fees.
Marie Martens reserves the right to modify these GTC at any time and at its sole discretion, taking into account possible changes to the Site and regulations. The new GTC will, where applicable, be brought to the attention of the Customer by online modification. The GCS applicable to any sale are those appearing on the Site at the time the Order is placed.
These GCS prevail over any other document.
ARTICLE 2 - ITEMS AND AVAILABILITY
The Items offered for sale are those shown on the Site on the day the Customer consults the Site, subject to availability. We reserve the right, at any time, to withdraw any product offered for sale on the Site.
Information concerning the availability of Items is updated automatically in real time. However, Marie Martens cannot be held responsible for any error in updating, whatever its origin. In this respect, Marie Martens cannot be held responsible for the cancellation of an Order for an Item due to the exhaustion of stocks. In the event of unavailability of an Item, after placing an Order, the Customer will be informed by e-mail, and the Order will then be automatically cancelled. We will then propose a new delivery date, an equivalent product or a refund for the Article.
The characteristics of the Articles sold on the Site (photographs, descriptions of the Articles ....etc.) may vary over time. Only the characteristics of the Article displayed at the time of the Order shall be taken into account by the Customer. In the event of errors or omissions relating to the description of an Item, Marie Martens 's liability is limited to the reimbursement of reasonable costs incurred by the Customer in returning the Item.
ARTICLE 3 – ORDERING PROCESS
3.1- Prerequisites
The placing of an Order on the Site is subject to compliance with the procedure set up on the Site, comprising successive stages leading to the validation of the Order. It implies an obligation to pay.
In order to place an Order for Products on the Site, the Customer is hereby informed that he/she must:
Be at least 18 years of age;
Be legally capable of purchasing the products ordered;
Be the holder of the bank card used to pay for the Order or, failing this, be duly authorized to use it to pay for the Order.
The Customer warrants to Marie Martens that he/she meets all of these conditions and that the bank account associated with the payment method used on the Site to pay for the Order has sufficient funds to meet his/her purchase obligation.
3.2 - Ordering process
The Customer may select as many Items as he/she wishes, which will be added to the shopping basket (the "Basket"). The Shopping Cart contains a summary of the Items selected by the Customer, together with the related prices and charges. The Customer may freely modify the Basket before validating the Order. Validation constitutes proof of the Customer's validation of the entire Order and of the due date of the sums due in execution of said Order, as well as full and unreserved acceptance of the entirety of the present Terms and Conditions and of the quotation relating to the Order.
A confirmation e-mail will be sent to the Customer. To this end, the Customer formally accepts the use of e-mail to confirm the content of his/her Order and to receive his/her invoice by electronic means.
The Order is only definitive once the Customer has paid the Order price in full.
If the Customer does not receive an e-mail following his/her Order, it is the Customer's responsibility to contact the Marie Martens customer service department in accordance with the procedures described in article 15 of the General Terms and Conditions. Marie Martens cannot be held responsible in the event of a data-entry error or transmission of a data-entry error that prevents the delivery of the confirmation e-mail and/or the Articles.
For any questions relating to the follow-up of an Order, the Customer should consult his/her Account on the Site or contact customer service as described in article 15 of the GCS.
Marie Martens reserves the right to make confirmation and/or delivery of the Order subject to other conditions, or to suspend or refuse it in the following non-limited cases:
Incomplete or incorrect purchase orders;
Communication of manifestly erroneous data;
Non-payment of previous deliveries or refusal of authorization by the purchaser's bank or financial institution;
Orders involving an abnormally large number of leather goods;
Orders involving an abnormally high total amount;
Delivery to a geographical area where the risks would be unreasonable, either due to unreliable transport or distribution, or due to force majeure (wars, riots, strikes).
The Customer may obtain an invoice for any Order by specifying the e-mail address to which the invoice should be sent.
ARTICLE 4 – PRICES, TAXES AND DELIVERY COSTS
Unless otherwise stipulated, all prices of Items listed on the marie-martens.com website are indicated in euros, including sales tax / VAT applicable in France, but excluding :
- customs duties and other taxes, which must be paid by the Customer directly to the carrier;
- delivery charges, the amount of which is specified before validation of the Order on the Site in article 7 Deliveries;
- additional charges linked to any foreign currency conversion costs, depending on the payment method chosen by the Customer;
- any costs remaining payable by the Customer relating to telephone calls to customer service and/or electronic communications necessary for the Ordering of Items made via the Site.
Prices take into account any discounts applicable on the date of the Order.
Any new taxes or contributions, in particular environmental taxes, are likely to be passed on to the sale price of the Articles.
Marie Martens reserves the right to modify the prices of the Articles at any time, the Articles being invoiced on the basis of the rates in force at the time of validation of each Order, subject to availability.
The price of the Articles invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by e-mail.
The price is payable in full, in a single instalment only.
The Articles remain the property of Marie Martens until full payment has been received by the latter.
Marie Martens makes every effort to ensure that all details, descriptions and prices appearing on its site are accurate, but errors may occur. If an error is found in the price of the Items the Customer has ordered or the charges associated with their purchase, Marie Martens will inform the Customer as soon as possible by e-mail and give them the choice of re-confirming the order at the actual price or cancelling it.
If we are unable to contact you using the contact details you provided during the Order process, we will cancel the Order and inform you in writing.
If we mistakenly accept your Order and process it despite an error in the quoted prices or delivery charges, we may cancel the supply of the product and refund any monies paid by you. Please note that changes to the law in force between the date of placing your Order and the date of receipt of a written Order and Shipping Confirmation may alter the taxes associated with your Order. If the resulting change results in an increase in the taxes charged to you, we will contact you and ask you to reconfirm your Order.
ARTICLE 5 – PAYMENT TERMS
Items are payable in cash when the Order is placed. The Order will only be processed once the Customer has paid the full amount of the Order.
Payment for Items is made online using a secure online payment system. Orders can be paid for by credit card (CB, Visa, MasterCard, Eurocard or Bancontact, Maestro), or via Paypal. Marie Martens works with the Payplug bank payment solution, which uses the most recent and reliable security systems, including PCI DSS certification. Payplug and Paypal encrypt these data using the TSSL protocol to guarantee their security.
Please note that you are not required to have a Paypal account to make a payment. You can pay directly on the Paypal platform with your bank card (Visa, Mastercard, AMEX).
The Order will be processed after approval by the bank payment center. In the event of the latter's approval, the account will be debited immediately and the Order validated. In the event of refusal, the Order will be cancelled.
Receipt of the confirmation email from Marie Martens confirms that your Order has been processed. Confirmation by email of electronic payment acts as an invoice.
The date of validation of the Order corresponds to the date of payment by credit card online.
The data recorded and stored by Marie Martens constitute proof of payment of the Order and of all sales made.
ARTICLE 6 – PROPERTY-RISKS
The transfer of ownership of the Article takes place only after full payment of the price of the product, independently of its delivery date. The risk transfer takes place at the time the product is delivered to the Customer, if it is an individual. The date indicated on the delivery document is a valid proof of the delivery date.
ARTICLE 7 – DELIVERY
Deliveries are made in Metropolitan France and abroad. Items in stock will be dispatched within a maximum of ten (10) working days after your Order has been registered.
Orders are delivered at the Customer's expense, to his/her home address or to the address indicated by the Customer during the Order process. It is the Customer's responsibility to check the accuracy of the information provided when placing the Order.
From the time the Order is dispatched, average delivery times are as follows:
2 to 5 working days by Colissimo for France and Belgium
5 to 10 working days by Colissimo international or UPS for the rest of the world
Delivery may however be delayed for reasons beyond our control. In this case, we undertake to keep the Customer informed of the situation.
Items are delivered only during 5 working days (no deliveries will be made over the weekend or on statutory vacations). The Customer is informed that any order placed on the site on Friday afternoon will not be processed until the following Monday.
Delivery charges
For France and Belgium, delivery charges are €7.
For the Rest of Europe, delivery charges are €15.
For the Rest of the World, delivery charges are €25.
The Customer is informed that products are delivered by Colissimo or DHL and therefore authorizes Marie Martens to transmit his/her personal data to Colissimo or DHL to enable the latter to deliver the Order to the delivery address provided by the Customer when placing the Order.
The Customer is hereby informed that it is his/her responsibility to provide exactly all the details required for the proper routing of his/her Order and the perfect delivery of the Items ordered (access code, access specification such as building, floor, etc.).
If the Customer is absent at the time of delivery, a delivery notice will be left in the Customer's letterbox.
Delivery is deemed to have taken place as soon as the Order has been made available to the Customer by the carrier. The control system used by the carrier is deemed authentic.
Marie Martens declines all responsibility in the event of loss, theft, deterioration or delay in delivery due to errors or disruptions attributable to the carriers. In such cases, the customer must take the appropriate steps directly with the postal services or the carrier.
ARTICLE 8 – RETURNS AND REFUNDS
The Customer has a period of 14 (fourteen) calendar days from the day following Delivery to indicate that he wishes to exercise his right of withdrawal. After the said 14 (fourteen) day period, the sale is firm and final and no returns are possible.
The Customer communicates his/her decision to withdraw by sending an e-mail to [email protected], in which the Customer specifies his/her surname, first name, Order number and references of the Article(s) he/she wishes to return.
Shipping costs in the event of a return are at the Customer's expense and are non-refundable, unless the article delivered does not conform to the Order. In this case, the Customer should write to [email protected] in order to receive a pre-paid return label.
Marie Martens cannot be held responsible for any loss or damage occurring during transport, and the Customer is therefore advised to use a tracked shipping service. In the event of loss or damage in transit, the Customer should contact the carrier directly.
The return address is:
Marie Moi 7 rue d'Angoulême 78 000 Versailles
If the Items are not received at the address indicated above, Marie Martens will not be able to process the return.
Refunds are subject to Marie Martens having been able to recover the Items initially delivered in their original packaging (plastic packaging with the bar code), new, unworn, undamaged or damaged.
Once the returned Articles have been checked, Marie Martens undertakes to reimburse the Customer as soon as possible and at the latest within 14 (fourteen) calendar days following the date of receipt of the return package, using the same means of payment as that used for payment of the Order.
If the Customer fails to comply with the GTC, Marie Martens will not be able to reimburse the Articles concerned.
Reimbursements are made in Euros. Any additional costs relating to the conversion of foreign currencies shall be borne by the Customer.
This return and refund procedure is exclusive of any exchange.
For information In case of purchase of low-priced items in the OUTLET section, all sales are final: no exchange, no refund, no cumulation with other discounts. Thank you for your understanding!
ARTICLE 9 - LEGAL WARRANTIES
Item non-conform to the order or defective
The presence of an apparent defect on an Article must give rise to a complaint by e-mail ([email protected]). Any complaint must explain the defect concerned. Failing this, no complaint is admissible and no return or exchange is possible.
The Article must be returned, in its original packaging with the bar code, new with the references of the initial Order and a copy of the complaint to Marie-Moi's head office after sending an e-mail indicating the apparent defect of the Article referred to above.
In the event of an apparent defect, depending on the content of the Customer's complaint, either a credit note will be issued to the Customer, or the Article will be replaced, or the Customer will be reimbursed outright within 14 (fourteen) days. If the return procedure is not followed, no exchange, refund or credit note will be issued.
In addition, Marie Martens guarantees consumers against defects in conformity (Articles L. 217-4 et seq. of the French Consumer Code) and hidden defects (Articles 1641 et seq. of the French Civil Code) for Items sold on the Site under the following conditions:
9.1- Non-compliance
The Customer:
benefits from a period of 2 (two) years from delivery of the Article to bring an action for lack of conformity of the Article;
is exempted from proving the existence of the lack of conformity of the good during the 6 (six) months following delivery of the Article; and
may choose between repair or replacement of the Article, subject to the cost conditions provided for in article L. 217-9 of the French Consumer Code.
If repair or replacement of the item is impossible, and in particular if the item is no longer available in stock at the time the customer claims that the item is not in conformity, the buyer may return the item and have the price refunded, or keep the item and have part of the price refunded.
9.2- Hidden defects
The Customer may invoke the legal warranty for latent defects in the item sold, as defined in articles 1641 et seq. of the French Civil Code, in the event that a latent defect, prior to the sale and inherent in the item sold, renders the item unfit for its intended use, or so diminishes this use that the Customer would not have purchased it, or would have paid a lower price for it, had he known of it.
The latent defect must be a defect that an item, even a used item, should not have. Thus, the warranty for hidden defects cannot be retained when the defect is only the result of normal wear and tear of the item or of its prolonged use, or when the defect comes from misuse of the item.
The legal warranty for hidden defects allows the Customer, within a period of 2 (two) years from the discovery of the defect, either to keep the item and ask for a reduction in the price, or to return the item and ask for reimbursement of the price paid, in accordance with article 1644 of the French Civil Code.
ARTICLE 10 – RESPONSIBILITY
Marie Martens cannot be held responsible for the delay or non-execution of the Order if this is due to a technical cause or any other cause beyond its control. In this case, the site is entitled to delay transport and delivery, or to cancel the Order.
Marie Martens declines all responsibility in the event that the product delivered does not comply with the legislation of the country of delivery.
Marie Martens cannot be held responsible for any direct or indirect damage that may result from access to or use of the Site and/or its information, including inaccessibility, loss of data, deterioration, destruction or viruses that may affect the customer's computer equipment and/or the presence of viruses on the Site.
We make every effort to provide reliable content on the Site, however, despite our best efforts, we cannot guarantee that the Site is free from inaccuracies or omissions, and we cannot be held responsible for errors or omissions, or for the unavailability of information and services.
The Site may contain hypertext links directing the user to other sites. Marie Martens
Marie Martens is not responsible for the fraud or negligence of its employees, subcontractors and executing agencies.
Force majeure
Marie Martens’s liability is expressly excluded, and a breach of its obligations or a breach of these GTCS cannot be invoked against Marie Martens in the event of loss, damage or delay suffered by the Customer resulting from causes beyond Marie Martens’s control, such as, in particular and without limitation, cases of force majeure, wars, invasions, insurrections, riots, civil or military wars, floods, fires, natural disasters, explosions, government actions, terrorist threats and acts, national emergencies, revolutions, epidemics, lockouts, strikes and other worker protests (whether related to Marie Martens workers or not), carrier constraints or delays, inability or delay in obtaining adequate and suitable materials, telecommunication failures or power failures. By accepting the Product upon receipt, the Customer is deemed to have waived all claims against Marie Martens for loss or damage resulting from any delay in delivery.
ARTICLE 11 – INTELLECTUAL PROPERTY
All intellectual property rights to the Site and its contents belong exclusively to Marie Martens. No part of the Site may be reproduced, used or modified in any form whatsoever without the express authorization of Marie Martens , which reserves the right to take legal action in respect of intellectual property.
The customer is granted a limited license, including consultation and use of the Site on a personal basis, and excluding downloading or modification of the contents, in whole or in part, without the express written consent of Marie Martens. This license excludes any use of the Site for commercial or resale purposes, any retrieval and use of product descriptions or prices, any derivative use of the Site or its contents, or any use of data mining, robots or data gathering and extraction tools. It is forbidden to reproduce, duplicate, copy, sell or in any other way exploit all or part of the Site for commercial purposes without express written authorization. You may not use techniques to incorporate any trademarks, logos, proprietary information (including images, text, page layouts or forms) belonging to Marie Martens without express written permission. It is forbidden to use meta tags or any other "hidden text" using the name or trademark without express written authorization.
The trademark " Marie Martens " belongs exclusively to the company Marie-Moi. Any total or partial reproduction or use of this trademark without the prior written authorization of its owner is prohibited.
ARTICLE 12 – COMMERCIAL OFFER AND NEWSLETTER
Marie Martens may send customers information about its products and commercial offers by post, e-mail, SMS, telephone or via the web spaces managed by Marie Martens on social networks, subject to prior acceptance.
The customer may at any time object, free of charge, to such commercial prospecting:
- if by post or telephone, by sending an unambiguous request to the e-mail address eshop@marie-martens.com or to
at the following address: Marie Martens 7 rue d'Angoulême 78000 Versailles France;
- if by e-mail, by clicking on the "unsubscribe" link in the footer of each e-mail;
- if by sms, by replying STOP to the sms; and
- if via all the web spaces animated by Marie Martens on social networks, by unsubscribing from the page Marie Martens Paris.
ARTICLE 13 – PARTIAL INVALIDITY
If a particular stipulation of these GTC is held invalid or declared as such by any Authority of res judicata of competent jurisdiction, the remaining provisions will remain in full force and effect.
ARTICLE 14 – APPLICABLE LAW AND COMPETENT COURT
The GTC are governed by French law.
In the event of a dispute, the Customer and Marie Martens may have recourse to conventional mediation. Marie Martens informs the Customer of the existence of alternative dispute resolution methods such as mediation or arbitration. The Customer may contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
Any dispute relating to the performance or breach of a sale, or to the interpretation, performance or termination of these GTS shall be submitted, failing amicable agreement, to the legally competent courts.
ARTICLE 15 - CONTACT
If you have any questions about ordering items online, please write to us at [email protected].
We will do our best to reply as quickly as possible.
Terms of Sale
ARTICLE 1 – APPLICATION OF THE GENERAL TERMS & CONDITIONS OF SALE
The Marie-Moi company website, whose address is https://www.marie-martens.com (the "Site"), is an e-commerce platform created, developed and managed by Marie-Moi (" Marie Martens " or "we"), a French company (SARL) whose registered office is located at 7 rue d'Angoulême, 78000 Versailles France, registered with the Versailles Trade and Companies Register under number 786 603 959.
These General Terms and Conditions of Sale (the "GTCS") create a contract between the customer ("Customer", "you" or "your") and Marie Martens. The Customer is a final consumer, a natural person (not a company) with full legal capacity placing an Order on the site for any use other than professional use, resale or distribution. An "Order" is defined as the commitment to purchase all the Items selected by the Customer via the Site's e-commerce service. The "Items" are the fashion products offered for sale on the Site.
All purchases for professional use, resale or distribution are strictly forbidden, and any person who does not fall within the definition of Customer should contact Marie Martens Customer Service at the following address: [email protected] for further information.
Please read these terms and conditions carefully to ensure that, as a Customer, you understand each and every one of its provisions. By placing an order on the Site or by any other means offered by Marie Martens, you agree to be contractually bound to Marie Martens and to be bound by the provisions of these GTC and the Privacy Policy of Marie Martens , which apply generally to all use of the Site. Thus, the validation of an Order following the ordering procedure proposed on the Site implies acceptance of the GTCS and the associated fees.
Marie Martens reserves the right to modify these Terms and Conditions at any time and at its sole discretion, taking into account possible changes to the Site and regulations. The Customer will be informed of any new terms and conditions by means of an online modification. The GCS applicable to any sale are those appearing on the Site at the time the Order is placed.
These GCS prevail over any other document.
ARTICLE 2 – PRODUCTS AND AVAILABILITY
The Articles offered for sale are those which appear on the site on the day of the consultation of the site by the customer, within the limit of available stocks. We reserve the right at any time to withdraw any Article for sale on the site.
Information about the availability of Articles is updated automatically in real time. However, an error in the update, regardless of its origin, does not incur the responsibility of Marie Marten. As such, Marie Martens cannot be held responsible for the cancellation of an order of an Article due to the depletion of stocks.
The characteristics of the articles sold on the site (photographs, descriptions of the articles.... etc.) may vary over time. Only the characteristics of the Article displayed at the time of the order must be taken into account by the Customer. In the event of errors or omissions relating to the description of an article, the responsibility of Marie Martens is limited to the reimbursement of reasonable costs of return of the item incurred by the customer.
ARTICLE 3 – ORDERING PROCESS
3.1- Prerequisites
The Order taken on the site is subject to compliance with the procedure set up on the site including successive steps leading to the validation of the Order. It implies a payment obligation.
To be able to place an Order of Articles within the site, the Customer is informed that he must:
Be at least 18 years old;
Be legally able to make purchases of ordered products;
To be the holder of the credit card used for the payment of the Order or be duly authorised to use it to proceed to the settlement of its Order.
The Customer quarantees Marie Martens that he fulfils all of these conditions and that the bank account associated with the means of payment used within the site to settle its order is sufficient to satisfy its obligation to purchase.
3.2 - Ordering process
The Customer can select as many Articles as he wishes which will be added to the cart (the "Cart"). The shopping Cart summarizes the Articles chosen by the Customer and the prices and related cost. The Customer will be free to modify the shopping Cart before the Order is validated. Validation of the Cart by the Customer is the completeness of the Order and the liability of the sums owed in execution of the related Order, as well as of the full and unreserved acceptance of the integrality of the present GTC and the quotation related to the Order.
A confirmation email will be sent to the Customer. To this end, the Customer formally accepts the use of e-mail for the confirmation of the contents of his Order and to receive his invoice by dematerialized way.
The Order is only final after the full payment of the price of the Order by the Customer.
If the Customer does not receive any e-mail following his Order, he is responsible for contacting Marie Marten's customer service according to the terms and conditions described in article 15 of these GTC. Marie Martens cannot be held liable in the event of an error of input or transmission which does not allow the issuance of the confirmation e-mail.
For any question relating to the follow-up of an Order, the Customer must consult his account on the site or contact the customer service according to the terms described in article 15 of these GTC.
Marie Martens reserves the right to make the confirmation and/or delivery of the Order conditional on other conditions, to suspend it or to refuse it in the following non-limitatively listed cases:
Incomplete or incorrect purchase Orders;
Disclosure of manifestly erroneous data;
Non-payment of previous deliveries or refusal of authorisation by the Bank or the financial institution of the purchaser;
Orders for an unusually high number of leather goods;
Orders covering an unusually high total amount;
Delivery to be carried out in a geographical area where the risks would be unreasonable, either due to a lack of reliability of transport or distribution, or due to cases of force majeure (wars, riots, strikes).
The Customer will be able to ask for the invoice relating to any order by specifying the e-mail address to which the invoice is to be sent.
ARTICLE 4 – PRICES, TAXES AND DELIVERY COSTS
Unless otherwise stipulated, all prices of the Articles mentioned on the website marie-martens.com are indicated in euros, with sales taxes/VAT applicable in France included but excluding:
customs duties and other taxes, which must be paid by the Customer directly to the carrier;
delivery costs, the amount of which is specified before the Order is validated on the site (see article 7 deliveries)
additional costs related to any foreign currency conversion costs, depending on the payment method chosen by the Customer
any costs remaining at the Customer's expense relating to Customer service telephone communications and/or electronic communications necessary to order the products through the site.
The prices take into account any reductions applicable to the day of the Order.
Any new taxes or contributions, including environmental, may be reflected in the sale price of the Articles.
Marie Martens reserves the right to change the prices of the Articles at any time and without notice, the articles being invoiced on the basis of the prices in force at the time of validation of each order, subject to availability.
The price of the items invoiced to the Customer is the price indicated within the confirmation of the Order sent to the Customer by e-mail.
The price is only payable in full, in one instalment.
The Articles remain the property of Marie Martens until the complete payment of the price by the Customer.
Marie Martens makes every effort to ensure that all details, descriptions and prices appearing on its site are accurate, but errors may occur. If an error is found in the price of the items that the Customer has ordered or the costs related to his purchase, Marie Martens inform him as soon as possible by e-mail and give him the choice to reconfirm the Order at the actual price or cancel it.
If we are unable to contact you using the contact information you provided during the ordering process, we will cancel the Order and inform you in writing.
If we accept your Order by mistake and process it while an error occurs at the indicated prices or delivery charges, we may cancel the supply of the product and refund you the sums you have paid. Please note that changes in law between the date of placing your order and the date of receipt of a written order and shipping confirmation may change the taxes associated to your Order. If the resulting change results in an increase in the taxes charged to you, we will contact you and ask you to reconfirm your Order.
ARTICLE 5 – PAYMENT TERMS
Items shall be payable in cash at the time of the actual Order. Thus, the execution of the Order will only take place after the full payment by the Customer of the amount of his Order.
The payment of the Articles is carried out on line by means of a protected system of payment on line. Orders can be paid by credit card (CB, Visa, MasterCard, Eurocard or Bancontact, Maestro), or via Paypal. Marie Martens works with the Payplug bank payment solution which uses the most recent and reliable security systems including PCI DSS certification. Payplug and Paypal encrypt these data according to the TSSL protocol in order to guarantee the security of these data.
Please note that there is no obligation to have a Paypal account to make a payment. You can pay directly on the Paypal platform with your credit card (Visa, Mastercard, AMEX).
Klarna is another payment method that allows you to split into three payments without interest. To use Klarna, simply add the products you like to your cart and then select Klarna at checkout. Your purchase will be directly divided into three equal payments. The remaining payments will be automatically charged to your debit or credit card every two weeks. Klarna currently accepts Mastercard or Visa debit or credit cards.
The execution of the Order will be carried out after approval of the bank payment center. If the bank agrees, the account will be debited immediately and the Order will be validated. In case of refusal, the Order will be cancelled.
The receipt of the confirmation email from Marie Martens confirms that your Order has been processed. The email confirmation of the electronic payment acts as an invoice.
The date of validation of the Order corresponds to the date of payment by credit card online.
The data recorded and kept by Marie Martens constitute proof of payment of the Order and of all sales made.
ARTICLE 6 – PROPERTY-RISKS
The transfer of ownership of the Article takes place only after full payment of the price of the product, independently of its delivery date. The risk transfer takes place at the time the product is delivered to the Customer, if it is an individual. The date indicated on the delivery document is a valid proof of the delivery date.
ARTICLE 7 – DELIVERY
Deliveries are made in Metropolitan France and abroad. Items in stock will be dispatched within a maximum of ten (10) working days after your Order has been registered.
Orders are delivered at the Customer's expense, to the Customer's home address or to the address indicated by the Customer during the order process. It is the Customer's responsibility to verify the accuracy of the information provided in the Order.
Once the Order has been dispatched, average delivery times are as follows:
0 to 2 working days by UPS for France and Belgium
2 to 5 working days by Colissimo for France and Belgium
5 to 10 working days by Colissimo international or UPS for the rest of the world
Delivery may be delayed for reasons beyond our control. In such cases, we undertake to keep the customer informed of the situation.
Items will only be delivered during 5 working days (no deliveries will be made over the weekend or on statutory vacations). Customers are informed that orders placed on the site on Friday afternoon will not be processed until the following Monday.
Delivery charges
Delivery is free in France and Belgium for orders of €150 or more. For lower amounts, the delivery charge is €7.
For the rest of Europe, delivery costs are 15€.
For the rest of the world, delivery costs are 25€.
For express delivery by UPS, the charge is 12€ even for orders over 150€.
The Customer is informed that products are delivered by Colissimo or UPS and therefore authorizes Marie Martens to transmit his/her personal data to Colissimo or UPS in order to enable the latter to deliver the Order to the delivery address provided when the Order was placed.
The Customer is hereby informed that it is his/her responsibility to provide exactly all the details required for the proper routing of his/her Order and delivery of the Items ordered (access code, access specification such as building, floor, etc.).
If the Customer is absent at the time of delivery, a delivery notice will be left in the mailbox.
Delivery is deemed to have taken place as soon as the Order has been made available to the Customer by the carrier. The control system used by the carrier is authoritative.
Marie Martens declines all responsibility in the event of loss, theft, deterioration or delay in delivery due to errors or disruptions attributable to the carriers. In such cases, the customer must take the appropriate steps directly with the postal services or the carrier.
ARTICLE 8 – RETURNS AND REFUNDS
The Customer has a period of 14 (fourteen) calendar days from the day following Delivery to indicate that he wishes to exercise his right of withdrawal. After this period of 14 (fourteen) days, the sale is firm and final and no return is possible.
The Customer communicates his/her decision to retract by sending an e-mail to [email protected], in which the Customer specifies his/her surname, first name, Order number and references of the Article(s) he/she wishes to return.
Shipping costs for returns are at the Customer's expense and are non-refundable, unless the item delivered does not conform to the Order. In this case, the Customer must write to [email protected] to receive a prepaid return label.
Marie Martens cannot be held responsible for any loss or damage in transit, and the Customer is therefore advised to use a tracked shipping service. In the event of loss or damage in transit, the Customer should contact the carrier directly.
The return address is :
Marie Moi 7 rue d'Angoulême 78 000 Versailles
If items are not received at the above address, Marie Martens will not be able to process the return.
Reimbursement is subject to Marie Martens having been able to recover the Articles initially delivered in their original packaging (plastic packaging with the bar code), new, unworn, undamaged or damaged.
Once the returned Articles have been checked, Marie Martens undertakes to reimburse the Customer as soon as possible, and at the latest within 14 (fourteen) calendar days following the date of receipt of the return parcel, using the same means of payment as that used to pay for the Order.
Should the Customer fail to comply with the GCS, Marie Martens will not be able to refund the items concerned.
Refunds are made in Euros. Any additional costs related to the conversion of a foreign currency shall be borne by the Customer.
This return and refund procedure is exclusive of any exchange.
ARTICLE 9 – LEGAL GUARANTEES
Item non-conform to the order or defective
The presence of an apparent defect on an Article must give rise to a complaint by e-mail ([email protected]). Any complaint must explain the defect concerned. Failing this, no claim will be accepted and no return or exchange will be possible.
The Article must be returned, in its original packaging with the bar code, new with the references of the initial Order and a copy of the complaint to the head office of Marie-Moi after sending an e-mail indicating the apparent defect of the Article referred to above.
In the event of an apparent defect, depending on the content of the Customer's complaint, either a credit note will be issued to the Customer, or the Article will be replaced, or the Customer will be reimbursed outright within 14 (fourteen) days. If the return procedure is not followed, no exchange, refund or credit note will be issued.
In addition, Marie Martens guarantees consumers against defects in conformity (articles L. 217-4 et seq. of the French Consumer Code) and hidden defects (articles 1641 et seq. of the French Civil Code) for Items sold on the Site under the following conditions:
9.1- Non-compliance
The Customer:
has a period of 2 (two) years from the Article's delivery to act in default of conformity of the article;
is exempt from reporting evidence of the lack of conformity of the property during the 6 (six) months following the reception of the prduct; And
may choose between the repair or replacement of the item, subject to the cost conditions laid down in article L. 217-9 of the consumer code.
If the repair or replacement of the property are impossible, and in particular if the Article is no longer available in stock at the time the Customer argues for the non-conformity of the item, the purchaser may return the property and be fully refunded or retain the property and be partially refund.
9.2- Hidden defects
The Customer may implement the legal guarantee under the hidden defects of the sold Item, within the meaning of Article 1641 and following of the Civil Code. In the event of a latent defect, prior to sale and inherent to the article sold, that renders it unfit to the use of which the Item is intended or decreases so much its use that the client would not have acquired it, or would have given only a lesser price, if he had known it.
The legal guarantee of hidden defects allows the Customer within 2 (two) years starting from the discovery of the defect, either to keep the article and ask for a reduction of the price, or to return the Article and to ask for reimbursement of the price paid, according to the Article 1644 of the Civil Code.
ARTICLE 10 – RESPONSIBILITY
Marie Martens cannot be held responsible for the delay or non-execution of the order if it is due to a technical cause or any other cause beyond its control. In this case, the site is entitled to delay the transport and delivery, or cancel the order.
Marie Martens assumes no liability in the event that the delivered product does not comply with the legislation of the country of delivery.
Marie Martens shall not be liable for any direct or indirect damages that may result from access to the site or the use of the site and/or its information including its inaccessibility, data loss, damage, destruction or virus which could affect the client's computer equipment and/or the presence of viruses on the site.
We strive to provide reliable content on the site, however and in spite of all our efforts we cannot guarantee that the site is free of inaccuracies or omissions and we will not be held responsible for any errors or omissions, of an absence availability of information and services.
The site may contain links that return the user to other sites. Marie Martens may under no circumstances be engaged for the content of such websites if they contravene the applicable legal and regulatory provisions, or for the consequences of their use by the user.
Marie Martens is not responsible for the fraud or neglect of its employees, subcontractors and executing agencies.
Force majeure
Marie Martens’s liability is expressly excluded, and a breach of its obligations or a breach of these GTCS cannot be invoked against Marie Martens in the event of loss, damage or delay suffered by the Customer resulting from causes beyond Marie Martens’s control, such as, in particular and without limitation, cases of force majeure, wars, invasions, insurrections, riots, civil or military wars, floods, fires, natural disasters, explosions, government actions, terrorist threats and acts, national emergencies, revolutions, epidemics, lockouts, strikes and other worker protests (whether related to Marie Martens workers or not), carrier constraints or delays, inability or delay in obtaining adequate and suitable materials, telecommunication failures or power failures. By accepting the Product upon receipt, the Customer is deemed to have waived all claims against Marie Martens for loss or damage resulting from any delay in delivery.
ARTICLE 11 – INTELLECTUAL PROPERTY
All the intellectual property rights of the Site and its contents belong exclusively to Marie Martens. Any reproduction, use or partial or total modification of an element of the Site, in any form whatsoever, may not be made without the express authorization of Marie Martens which reserves the right to take legal action under the intellectual property laws.
The Customer is granted a limited license, including the consultation and the use of the Site on a purely personal basis, and excluding downloading or modifying the contents, in whole or in part, without the express written consent of Marie Martens. This license excludes any use of the Site for commercial purposes or resale, any retrieval and use of product descriptions or prices, any derivative use of the Site or its contents, or any use of data mining, robots or data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, or otherwise exploit all or part of the Site for commercial purposes without express written permission. You may not use techniques to incorporate any trademarks, logos, proprietary information (including images, text, page layouts or forms) belonging to Marie Martens without express written permission. You may not use any meta tags or any other "hidden text" utilizing the name or trademark without express written permission.
The trademark " Marie Martens " belongs exclusively to the company Marie-Moi. Any reproduction, in whole or in part, or any use of this trademark without prior written authorization from its owner is prohibited.
ARTICLE 12 – COMMERCIAL OFFER AND NEWSLETTER
Marie Martens may send customers information about products and commercial offers by post, e-mail, SMS, telephone or via the web spaces managed by Marie Martens on social networks, subject to prior acceptance.
The customer may at any time object, free of charge, to such commercial prospecting:
- by mail or telephone, by sending an unambiguous request to the e-mail address [email protected] or to
at the following address: Marie Martens 7 rue d'Angoulême 78000 Versailles France;
- if by e-mail, by clicking on the "unsubscribe" link at the bottom of each e-mail;
- by sms, by replying STOP to the sms; and
- if via any of the web spaces managed by Marie Martens on social networks, by unsubscribing from the page Marie Martens Paris.
ARTICLE 13 – PARTIAL INVALIDITY
If a particular stipulation of these GTC is held invalid or declared as such by any Authority of res judicata of competent jurisdiction, the remaining provisions will remain in full force and effect.
ARTICLE 14 – APPLICABLE LAW AND COMPETENT COURT
The sale of the Articles sold on the Site is subject to French law. The terms and conditions of sale and the contractual relationship between the Customer and the company are governed by the French legislation. The parties accepting the jurisdiction of the courts of Paris for any action brought in succession or related to these Conditions.
ARTICLE 15 - CONTACT
If you have any questions about ordering items online, please write to us at [email protected].
We will do our best to answer you as soon as possible.
