PREAMBLE
These conditions are concluded between, for one party, MARCEL AND PAULETTE, a limited company (SARL) with capital of 10,000 euros, registered in the Companies' Register, Paris, under number 484 836 66, whose registered office is at 68 avenue de Saint-Ouen, Paris (75018) (hereinafter referred to as "The Company") and, for the other party, the individuals making a purchase via The Company's websites http://www.marceletpaulette.com and http://www.marceletpaulette.fr, hereinafter referred to as "The User".
Parcels may only be delivered In France, the Overseas Dominions and Territories (DOM TOM) and Monaco, and, exceptionally, outside these areas, subject to the acceptance by The User of the postal charges in force in France at the time of the order for dispatching parcels outside these areas.
In the latter case, The User should refer to the delivery section of the Services heading and read about dispatch arrangements and costs.
These General Conditions of Sale concern only non-trading natural persons.
The parties agree that their relations will be governed solely by these General Conditions of Sale, to the exclusion of any other condition previously available on the site.
If a condition were to default, it would be considered to be governed by the customary practices in force in the distance selling sector in which companies have their registered office in France.
The Company undertakes to abide by all the provisions of the Consumer Regulations relating to distance selling.
ARTICLE 1- OBJECT
These conditions aim to set out the sales arrangements between The Company and The User, from order to payment, and for the delivery of the Articles on sale on the site.
They cover all the stages required for placing the order and ensure that the order between the contracting parties is monitored.
ARTICLE 2- THE ORDER
The order is sent by electronic mail only, sent to the websites www.marceletpaulette.com and www.marceletpaulette.fr. The on-line order form is accessed under the heading "Your basket", by simply clicking on the link "Your order". Placing the order implies acceptance of the General Conditions of Sale and the General Conditions of Use of the site.
Following the order, an acknowledgement of receipt will be issued by The Company by e-mail.
The order will only be deemed to have been accepted subject to verification that it complies with the General Conditions of Sale and the General Conditions of Use of the site, and subject to the receipt of all the information required for completing it.
The User has the option of placing his order on-line using the on-line catalogue.
The order may only be registered on the site if The User has clearly identified himself by filling in the on-line order form.
All orders assume acceptance of the prices and the description of the Articles on sale.
Any disputes in this regard will take place as part of a possible exchange and under the guarantees set out below.
The Company undertakes to honour the orders received on the website within the limit of available stocks of products.
If the Article Is not available, The Company undertakes to inform The User as soon as possible.
ARTICLE 3- DELIVERY
For most Articles, The User benefits from a guarantee that allows him to return any articles that are delivered defective. Defectiveness Is understood as the presence of defects on the product that are not inherent to the nature of the Product.
The Company undertakes to deliver the articles ordered within seven days to two weeks.
Delivery times are given for guidance purposes only, unless, in exceptional circumstances, The Company has formally agreed to meet a precise delivery date.
If The User chooses to pay by bank cheque, the order will not be processed until the cheque has been received, and delivery times will be calculated accordingly.
If The user wishes to monitor his order, he may send an e-mail to The Company at contact@marceletpaulette.com, which will inform him of progress.
ARTICLE 4- PAYMENT ARRANGEMENTS
The User may choose to pay for his purchases:
- By bank card (secure payment)
- By cheque payable to The Company for an amount covering the price of the article and postal charges.
The User's account will not be debited until the articles have been dispatched.
ARTICLE 5- PRICES
The prices shown in euros are inclusive of VAT but do not include carriage charges. The Company reserves the right to change its prices at any time, but undertakes to apply the prices that were shown when The User placed his order.
Any change to the applicable VAT rate will be passed on ipso facto into the price of the Articles.
The prices of articles ordered on the site on the date shown on the site are valid.
ARTICLE 6- RESERVE OF OWNERSHIP
The goods delivered remain the property of The Company until The User has fulfilled all his obligations towards The Company and in particular until the price has been paid in full, with interest where relevant. This reserve of ownership is not an obstacle to the transfer of risk, which will fall upon The User from the date on which the ordered Articles leave The Company's premises.
ARTICLE 7- GUARANTEES
In the event of an error committed by The Company in delivering its products, The User may return the Article that has been delivered to him with a view to exchanging it. Only Articles returned complete, in good condition and in the original packaging in which we delivered them to you will be exchanged.
All requests for exchange or reimbursement must be made by registered letter with proof of receipt sent to The Company, 68 avenue de Saint-Ouen 75018 Paris.
All articles are subject to a contractual guarantee covering manufacturing faults, which does not stand in the way of the legal guarantee provided for in articles 1641 and following of the Civil Code.
However, with regard to articles made by hand, any irregularities in the weaving or colour of the articles do not full within the scope of the contractual guarantee, as such irregularities are inherent to this type of product.
ARTICLE 8- WITHDRAWAL PERIOD
In accordance with the provisions of article L121-16 of the Consumer Regulations governing distance sales, The User has the option of withdrawing within 7 clear days from the date on which his Article is delivered. He will be reimbursed once the delivered Articles have been returned. The User must return the Articles in their original condition and packaging. Goods are returned at The User's risk and expense.
ARTICLE 9- LIABILITY
For all the stages of access to the site, from processing the order to delivery or subsequent services, The Company has only an obligation of means. The Company may not be held liable for any inconvenience or damage caused by the use of the Internet, particularly a breakdown in the service, an external intrusion or the presence of computer viruses, or any event that qualifies under case law as force majeure.
ARTICLE 10- PERSONAL DATA
The Company reserves the right to collect information about The User, particularly through the use of cookies.
The Company may, for commercial reasons, pass the identity and contact details of service users on to commercial partners.
The User may expressly oppose the divulgation of his contact details.
To do this, he simply needs to draw attention to this via The Company's mailbox, at contact@marceletpaulette.com.
The User is informed that the automatic processing of information, and particularly the administration of User e-mail addresses, was declared to CNIL (French Data Protection Board) under numbers 1135199 (www.marceletpaulette.com) and 1135222 (www.marceletpaulette.fr), on 13 December 2005.
In accordance with the Act of 6 January 1978, The User has a right to access and rectify any data concerning him.
ARTICLE 11- INTELLECTUAL PROPERTY
All the components of The Company's sites www.marceletpaulette.com and www.marceletpaulette.fr, whether visual or sound, including the subjacent technology, are protected by copyright, trade marks or patents.
They are the sole property of The Company. Any User who has a website for personal purposes and who wishes, for his own personal use, to place a simple link on his site connecting directly to the Company site "homepage", must request authorisation from The Company.
In this case there is no suggestion of an implicit partnership agreement.
However, all hypertext links to the Company sites www.marceletpaulette.com and www.marceletpaulette.fr using framing or in-line linking are formally prohibited.
In all cases, any link, even tacitly authorised, must be withdrawn at The Company's request.
ARTICLE 12- ENTIRETY
If one of the clauses in this contract becomes null and void as a result of a change in the legislation or regulations, or of a legal ruling, this will in no way affect the validity of these General Conditions of Sale or the requirement to comply with them.
ARTICLE 13- PROOF
The computer registers held in the computer systems belonging to The Company and Its partners under reasonable conditions of security, and/or their version will be considered as proof of correspondence, orders and payments between the parties.
ARTICLE 14- TRANSACTION CONSERVATION AND ARCHIVING
Order forms and invoices are archived on a reliable, durable medium, providing a faithful, lasting copy, in accordance with the provisions of article 1348 of the Civil Code.
ARTICLE 15- APPLICABLE LAW AND COMPETENCE
In the event of a dispute, and If the parties fail to reach an amicable settlement, the competent courts in Paris are given competence, notwithstanding the plurality of defendants and/or claims for contributions from third parties, even for emergency procedures or conservatory procedures heard In chambers or on petition.