Terms of sales and Legal Notices

 

1. Legal Notices

 

The head office : MARNICAYS SASU with a capital of 3 000 €

Address : 106 BOULEVARD DE CHANZY 93100 – MONTREUIL FRANCE

E-mail: contact@marnicays.com

Telephone: +33 (0) 6 13 21 48 22

Registration at the RCS Bobigny under the number 803 826 783

Intra-Community VAT No 27 803 826 783

 

The site is hosted by the Hosting Provider: OVH. 2 rue Kellermann. BP 80157. 59053 Roubaix Cedex 1. France - SAS with capital of € 10,059,500 Registered in the RCS of LILLE METROPOLE under n ° 424 761 419 Siret n ° 424 761 419 00045 of which the VAT number is FR22 424 761 419.

Conception, artistic direction and editorial content of the MARNICAYS website : SARL BEAU MARKET 52 Passage du Caire 75002 Paris - hello@beaumarrket.com

Photo credit: BEAU MARKET

 

 

 

2. Terms of sales

PREAMBLE

This site is operated by the company MARNICAYS SASU, registered for registration 803 826 783 R.C.S BOBIGNY and whose registered office is located at 106 Boulevard Chanzy, 93100 Montreuil S / Bois.

This site is operated by the company MARNICAYS SASU in its entirety, as well as all rights related thereto.

Any reproduction, integral or partial, is systematically subjected to the authorization of MARNICAYS. It is recommended that you carefully read these General Terms and Conditions of Sale before placing any Order on the Site.

 

Article 1 - SCOPE

These general conditions of sale apply to all orders placed by non-commercial individuals, from the company MARNICAYS, for all items and services offered for sale on the site. As a result, by placing an order on the site marnicays-paris.fr, the buyer accepts the general conditions of sale without reservation.

The buyer can consult at any time these general conditions of sale by clicking on the site on the link CGV. It is specified that the purchases of Products on the site are reserved for non-commercial individuals having the quality of consumers being over 18 years old and having full legal capacity.

MARNICAYS reserves the right to cancel or refuse any order from a customer with whom there is a dispute over the payment of a previous order.

MARNICAYS reserves the right to modify at any time these terms and conditions of sale. In case of modification, the general conditions of sale applicable are those in force at the date of placing the order by the user.

 

Article 2 - PRODUCTS - PRICES - VAT

2.1. PRODUCTS

The Customer is informed of the availability of the product he wishes to select when placing his order. MARNICAYS only undertakes to honor orders received within the limits of available stocks.

In the absence of availability of an article, MARNICAYS undertakes to inform the customer as soon as possible. The update of the availabilities on the site, is carried out frequently, but MARNICAYS can not be held for person in charge if the stock is no longer the same as that indicated during the placing of order.

The photographs illustrating the presented products are a reproduction as accurate as possible, but have no contractual value. The difference in perception of shapes and colors between photographs or graphics presented and products can not engage the responsibility of MARNICAYS.

The Customer is invited to consult the description of each Product to know the essential characteristics.

 

2.2. PRICES

Prices are expressed in euros or in US dollars depending on the geographical area. The prices in effect at the time of the order apply, the prices quoted are excluding shipping costs.

In no event can the company be held liable for any additional costs incurred by additional banking fees for payments outside the Euro zone.

MARNICAYS reserves the right to modify its prices at any time. In case of modification, the applicable prices are those in force at the time of registration of the order.

 

2.3. VAT

Prices are quoted in Euros including all taxes including Value Added Tax for France and EU countries. The VAT is that in force on the metropolitan French territory on the day of the order (20%).

Any change in the VAT rate will automatically be reflected in the price of the products presented on the site, on the date stipulated by the decree of application. However, prices can not be changed once the order has been placed. The customer is responsible for checking the import possibilities of the products ordered under the law of the country of delivery. We recommend contacting the customs department for more information. The costs and any taxes and customs duties of the country of destination are the responsibility of the Customer. 

 

Article 3 - ORDER

3.1. DEFINITION

By Order means any order relating to the products appearing on the Site at the rates indicated and accompanied by the payment provided.

 

3.2. FIRST ORDER

When a Customer first places an Order online on the Site, the latter must create an account, for which he must provide the following information: surname, first name, address, telephone, e-mail, password. .., and commits to the sincerity of the information provided.

The Customer will use his account for each new Order without having to enter all his details, except his bank details which must be entered at each order.

 

3.3. REGISTERING THE ORDER

Before placing an order on the site, the customer is invited to read the General Conditions.

 

3.2. FIRST ORDER

When a Customer first places an Order online on the Site, the latter must create an account, for which he must provide the following information: surname, first name, address, telephone, e-mail, password. .., and commits to the sincerity of the information provided.

The Customer will use his account for each new Order without having to enter all his details, except his bank details which must be entered at each order.

 

3.3. REGISTERING THE ORDER

Before placing an order on the site, the customer is invited to read the General Conditions of Sale. Once the customer has chosen all the products he wishes to order, he must choose the delivery address, and finally validate the payment method. This last step will formalize the sales contract between Marnicays and the customer.

The validation of the summary purchase order constitutes the Customer's consent. This consent is equivalent to a handwritten signature and is proof of the conclusion of a contract between the Parties, of the entirety of the order and of the exigibility of the sums due in execution of said order. Before confirming his order, the customer can check at any time the details of it and its total price, it can also return to the previous pages to modify his order.

MARNICAYS reserves the right not to validate the order in case of: - Exceeding the ceiling indicated in article 2 hereof (prohibition of the purchase for resale, ceiling of purchase of a maximum quantity of thirty articles per order and / or abnormal nature of the order), - Abnormal or abusive claims pursuant to Article 5 below, - Exchanges and abnormal or abusive returns in accordance with Article 8 below, - Existing dispute (s) (s) ) with the Customer, - Total or partial non-payment of a previous order of the Customer, - Refusal of authorization to pay by credit card of banking organizations.

 

3.4. ACKNOWLEDGMENT OF RECEIPT OF THE ORDER

The order is taken into account and the delivery period begins to run from the date of receipt of the payment. Only the receipt of the payment on the account of the company MARNICAYS constitutes the proof of financial transactions.

 

3.5. TRANSFER OF OWNERSHIP

MARNICAYS remains the owner of the delivered products until their complete payment by the customer.

 

Article 4 - PAYMENT

4.1. SECURE PAYMENT OF ORDER

Payment is made exclusively online, at the time of order. The price due by the Customer is the amount indicated on the summary order form which the Customer has read before confirming his order. For the security of payments, the MARNICAYS website offers PAYPAL online payment solution, this payment method is completely free for buyers. PAYPAL oversees its platform and operations that are submitted to it 24 hours a day, 7 days a week. The Paypal server is secured by SSL 3.0 (Secure Socket Layer) encryption so that protect all data related to the customer's means of payment.

4.2. PAYMENT METHODS

If the customer has a PAYPAL account, he can pay directly through this service. If the customer does not have a PAYPAL account, he can also pay via the PAYPAL service using his credit card and decide where not, to register later PAYPAL service, an email address and a password enough. PAYPAL carries out secure transactions without ever communicating the customer's bank details to the beneficiary.

 

4.3. JUSTIFICATIVE PAYMENTS

At the end of the payment, an email acknowledging receipt of the order and its payment is transmitted by MARNICAYS to the customer, to the email address indicated by him when opening his account. By keeping this email or by printing it, the customer has proof of his order. This document is the acknowledgment of receipt of the customer's order and includes all the constituent elements of the contract between the parties.

 

Article 5 - DELIVERY

5.1. DELIVERY ADDRESS

The products are delivered to the delivery address indicated by the buyer during the ordering process. The information given by the buyer, when ordering engage him. In case of error in the wording of the recipient's details, the seller can not be held responsible for the impossibility in which it could be to deliver the package.

 

5.2. SHIPPING TIMES

MARNICAYS does its utmost to process orders as quickly as possible. After confirmation of the order, MARNICAYS undertakes to give the carrier all the references ordered by the buyer within 48 hours and / or 72 hours for personalized items.

These delays run from the day following the receipt of payment from the customer. Orders placed and validated on Friday after 12h will be processed the following Monday, orders registered on the Site on a holiday will be processed the next business day. An email, mentioning the parcel number, will be sent to the customer on the day of shipment of the order.

In case of deliverable items at different dates given their availability, the shipping time is based on the longest time.

 

5.3.TERMS AND CONDITIONS OF DELIVERY

The delivery is made by the Post Office in "Colissimo-suivi" where you want it. The delivery in France is offered to you if your order is superior to 80 € of purchase. The amount of shipping costs is calculated based on the weight of the package, the carrier and the delivery area.

To know the amount of the shipping costs in France and abroad, the customer is invited to consult the heading "DELIVERY" where prices are detailed.

 

5.4. DELIVERY RATES

The delivery is carried out by the Post office in Colissimo followed. The amount of shipping costs is calculated based on the weight of the package, the carrier and the delivery area.

To know the amount of shipping costs in France and internationally, see the "DELIVERY" section where prices are detailed.

 

5.5. DELIVERY DELAY

Delivery times are given for information and guidance by the carrier and do not engage MARNICAYS.

These depend in particular on the availability of the carrier and the order of arrival of the orders. the average delivery time is four to seven business days for deliveries to France, six to ten business days for delivery to the EU area, Switzerland and Norway, seven to fifteen business days in other countries. Delays in deliveries can not give rise to any penalty or indemnity, nor to motivate the cancellation of the order.

MARNICAYS also undertakes to deliver within a maximum period of thirty working days in France, from the date of payment of the order, however, the delivery may not be ensured in the event of FORCE MAJEUR (refer to the Article 7).

 

5.6. CHECK PACKAGE AT DELIVERY

During the delivery, it is the customer's responsibility to inspect the receipt of the parcel in the presence of the deliveryman and to immediately notify the carrier and customer service of MARNICAYS any abnormality found (shock, damaged package ...). In the event that such statements have not been made on the delivery bill presented to the Customer by the carrier, no claim relating to the condition of the parcel or packages could be accepted a posteriori by MARNICAYS.

Thereafter, if the purchaser finds after opening of the coli: a missing product, a damage, a defect or any other defect or a non-conformity of the products, he must address his reserves either by email to the customer service to the customer. address "contact@marnicays.com", either by registered letter with acknowledgment of receipt to the Customer Service of MARNICAYS at 106, Boulevard de Chanzy, 93100 - Montreuil, within five days, not including holidays, following the delivery.

In this case, the buyer will in case of request of MARNICAYS provide any element justifying the reality of claims invoked and leave MARNICAYS the opportunity to proceed to their finding. Accepted claims will result in the exchange of the defective or non-compliant product, or its refund in case of unavailability of the product in stock.

The returned product must be returned to carriers, as far as possible in its original packaging and provided with all its accessories. For more information on "EXCHANGES AND RETURNS" see "DELIVERY".

 

5.7 RISKS

The transfer of risks on the goods sold by MARNICAYS is carried out at the delivery of the goods to the carrier. The result is that the goods travel at the risk and peril of the buyer, to which he belongs, in case of damage, loss or missing, make any reservation or exercise any recourse to responsible carriers, in accordance with the Article L.133-3 of the French Commercial Code.

 

Article 6 - RIGHT OF WITHDRAWAL

Any return of goods must be the subject of a written agreement between MARNICAYS and the Customer. Any goods returned without this agreement will be held at the disposal of the Customer and will not give rise to the establishment of a credit or exchange. In the context of distance selling (without the simultaneous presence of both parties), the Customer has, according to Article L 121-20 of the French Consumer Code, a period of fourteen clear days to exercise his right of withdrawal. without having to pay penalties.

This period runs from the day the goods are received by the Client. The customer must inform the customer service of MARNICAYS by email to the address "contact@marnicays.com", then the (s) product (s) must be returned intact, in their original packaging accompanied by a copy of proof of purchase, at the following address: MARNICAYS, 106, Boulevard de Chanzy, 93100 - Montreuil.

Any product damaged, incomplete or whose original packaging is damaged, will not be refunded or exchanged. In the event of exercising the right of withdrawal, the Customer may choose to have a credit of the value of the sums paid on a next order, or a refund of sums paid, within a maximum period of thirty days. The refund does not include postage. If the Customer wishes to exchange a product, he may inform the MARNICAYS customer service by e-mail at the address "contact@marnicays.com".

MARNICAYS may then, depending on the availability of products, reserve the item for the Customer. The exchanges are valid only for products that have equivalent sales prices. For more information on "EXCHANGES AND RETURNS" see "DELIVERY".

 

Article 7 - FORCE MAJEURE

Neither party will have failed in its contractual obligations, to the extent that their performance will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be regarded as fortuitous event or force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, independent of the will of the parties and which can not be prevented by the latter, despite all efforts reasonably possible.

The party affected by such circumstances will notify the other party within ten business days of the date on which it became aware. The two parties will then contact each other, within one month, unless impossibility due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.

Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the total or partial strikes, the blockage of the means of transport or supplies for any reason whatsoever , governmental or legal restrictions, computer failures, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to Customers.

 

Article 8 - LIABILITY AND GUARANTEE

The liability of MARNICAYS is systematically limited to the value of the product involved, value at its date of sale and without recourse to the brand or the Company producing the product.

All Products benefit from the legal regime of the guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code, as well as the guarantee of hidden defects of Articles 1641 and following of the Civil Code. allowing customers to return defective or non-compliant delivered products. Article L217-4 of the Consumer Code.

The Seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to the lack of conformity resulting from the packaging. Article L641 of the Civil Code.

The Seller is bound by the warranty for the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which so diminishes this use, that the buyer would not have acquired it, or not would have given a lower price if he had known them.

The responsibility of MARNICAYS can not be held liable for inconvenience and damage related to the use of the Internet such as a break in the service, the presence of computer viruses or external intrusions and more generally all cases qualified as force majeure or third parties by the courts.

 

Article 9 - NOMINATIVE DATA

The Customer is informed that in connection with the Order, personal data on the


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