Marjolaine is the publisher and operator of the website www.marjolaine.fr.

The purpose of the present General Terms and Conditions of Sale (hereinafter referred to as GTC) is to define the rights and obligations of Marjolaine and its customers as well as the conditions applicable to any purchase made from the online sales website accessible at the URL address: http://www.marjolaine.fr. 

Article 1 - The parties

The present GTC are concluded between : 

- On the one hand, the company MILLET DESDOITILS-MARJOLAINE registered in the RCS of LYON under the number 971 500 806, represented by its President, EURL HOLDING MDM, itself represented by Mr Stéphane GUERIN in his capacity as manager.

Hereinafter referred to as "Marjolaine".

- On the other hand, any person visiting or making a purchase on the website in a non-professional context.

Hereafter referred to as "the client".

The Client and Marjolaine will be collectively called "the parties".

The client, prior to his order, declares that the acquisition of the products is not directly related to his professional activity, their acquisition being reserved for his personal use. 

The client refrains from purchasing the products for resale, Marjolaine reserves the right to refuse an order whose quantities would obviously exceed personal use or whose circumstances would suggest an obviously speculative, false or fraudulent intention.

As a consumer, the client has specific rights offered by the law and intended to ensure his best protection in the context of his contractual relationship with Marjolaine. Marjolaine draws attention to the fact that, in accordance with the legal rules, the client cannot invoke these rights reserved for the consumer in the event that the products or services acquired are in fact for a professional activity.

Furthermore, the customer declares that he/she has full legal capacity to enter into a commitment under these GTC and that he/she is over 18 years old. The placing of orders by minors requires the prior agreement of their legal representatives. 

Finally, the client agrees to provide an email address, postal address or any other information allowing Marjolaine to contact him/her in an accurate and efficient manner if this is necessary for the processing of his/her order. 

Article 2: Obligations and respective rights

The GTC are written in order to create a contractual link and to protect the respective rights of the parties by fixing their respective obligations.

Thus, these GTC express the entirety of the obligations of the parties. 

In this sense, the customer is deemed to accept without reservation all the provisions of these GTC, which are fully enforceable against him.

No general or specific condition appearing in the documents sent or given by the client can be integrated into the present without the express agreement of Marjolaine.

Any order placed on the website accessible at the URL address: http://www.marjolaine.fr implies that the customer has read and accepted these GTC without reservation.

In concrete terms, Marjolaine puts in place a checkbox and a validation click during the online purchase process, thus ensuring that the customer is aware of and accepts these GTC without reserve.

The present GTC are concluded for the duration necessary for the supply of the goods and services subscribed to, until the extinction of the guarantees due by the company Marjolaine.

For all useful purposes, the client is informed :

- that his agreement concerning the content of the present GTC does not require a handwritten signature insofar as he wishes to order online the products presented by the website shop;

- that he/she has the right to save or edit these GTC under his/her responsibility and for his/her own personal use only.

Article 3: Modifications of the GTC

Marjolaine can modify the present GTC at any time. 

The modifications will come into effect immediately and will apply to any order placed after their publication on the website http://www.marjolaine.fr. 

Article 4: Contractual documents

The sales contract is formed by the following contractual documents, presented in descending hierarchical order: 

- the present GTC; 

- the order form. 

In the event of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail over those of documents of lower rank.

Article 5 - On-line sales area

The online sales shop set up by the company Marjolaine within the framework of the Internet site mentions the following important information:

1. a legal notice, allowing a precise identification of the company Marjolaine;

2. a presentation of the essential characteristics of the goods offered for sale;

3. an indication, in euros, of the price of the goods, as well as, if necessary, the delivery costs;

4. an indication of the terms of payment, delivery or performance;

5. the existence of a right of withdrawal;

6. the period of validity of the offer or the price, if it is specific;

7. 7. the conditions for terminating the contract if it is for an indefinite period or for a period of more than one year;

All this information is presented in French. 

Article 6: Products offered

In accordance with article L 111-1 of the Consumer Code, Marjolaine presents on its website the products it offers for sale, accompanied by all the elements that allow the customer to know the essential characteristics of the products before the final order is taken.

Thus, all the products are described by Marjolaine as precisely as possible.

However, despite this care, Marjolaine draws the client's attention to the fact that its explanations or photographs cannot perfectly render a product, especially from a chromatic point of view. Therefore, the differences resulting from the simple reproduction of colours or the rendering of a material cannot be interpreted as defects of conformity nor can they lead to the cancellation of the sale. 

Marjolaine cannot be held responsible in case of a non-substantial difference between the photograph of products present on the site and the product ordered.

In case of doubt about the characteristics of a product, the customer can contact Marjolaine by telephone on 04 72 65 73 13 or by e-mail at [email protected].

Finally, Marjolaine specifies that product offers and prices, as well as promotional offers, are only valid as long as they are visible on the site and within the limits of available stocks.

Article 7 : Order

In order to place an Order, the Customer must first register on the Site by creating a Marjolaine account containing the Customer's information (the "Account").

All the stages of the sale are clearly identified by the website and respect the conditions set out in articles 1125 and following of the civil code relating to the conclusion of contracts by electronic means.

Thus, the customer :

- is able to check the details of his order and its total price, as well as to correct any errors before validating his order. In any case, the order is only definitively registered after the client has validated his/her agreement to the payment and his/her bank has accepted the transaction;

- Marjolaine acknowledges receipt of the order electronically, without any unjustified delay. The client will find in this acknowledgement of receipt from Marjolaine the essential elements of the order, including the order number, the list of products ordered and their detailed price.

Any order placed on the website cannot be modified or cancelled after the acknowledgement of receipt by Marjolaine. 

The client can, at his request, obtain the sending of an invoice to a billing address and not to the delivery address. To obtain this dissociation of the invoicing and delivery addresses, he must validate the option provided for this purpose on the order form.

Article 8: Proof of the transaction

The computerised registers kept by the computer systems of the company Marjolaine under reasonable security conditions will be considered as proof of the communications, orders and payments made between the parties. 

It is therefore all of the data provided by the client at the time of the order and the recorded confirmation of this order that establishes the proof of the transaction.

It is specified that Marjolaine undertakes to archive the order forms and invoices on a reliable and durable medium that can be produced as proof in the context of a judicial or administrative written procedure.

Article 9: Prices

The prices of products offered for sale are expressed in euros. For deliveries within the European Union, the tax of each country is applied. For deliveries outside the European Union, the products are invoiced without tax. 

The products ordered are invoiced at the price in force at the time the order is validated by the customer. 

These prices are valid only on the website http://www.marjolaine.fr.

Processing, preparation and shipping costs are extra at the customer's expense (more details are presented under the article on Delivery).

All orders placed on the website www.marjolaine.fr are payable at the time of order and Marjolaine reserves the property of the goods until full payment of the sale price.

Finally, Marjolaine reserves the right to modify the price of its products at any time and without prior notice to the client, for example in the case of an obvious typographical error or a modification of the VAT rate applicable to the operation.

Any order validated on the site and delivered outside the European Union may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes linked to the delivery of an article are the responsibility of the consumer. Marjolaine is not obliged to check and inform its consumers of the customs duties and taxes applicable. 

To find out about them, it is up to the client to get information from the competent authorities of the country of destination. In case of refusal by the recipient to pay customs duties or taxes, the sums that may be requested from Marjolaine to recover the parcel will be deducted from the refund made to the client.

Article 10: Payment methods

To pay for his order, the customer has, at his choice, all the payment methods mentioned in the order form.

More specifically, he/she has the choice of paying for his/her purchases by credit card, PAYPAL account, ApplePay account and bank transfers. 

With regard to bank cards, when finalising their order, the customer must enter their bank card number, the expiry date of the card and the last three digits of the visual cryptogram on the back of the card.

With regard to their PAYPAL account, when validating their order, the customer must enter their email address linked to their PAYPAL account as well as their PAYPAL password.

Regarding his ApplePay account, during the validation of his order, the customer must enter his email address linked to the ApplePay account and his ApplePay password.

In order to proceed with a bank transfer of the sums from the client's bank account to that of Marjolaine as payment of the order, the transfer order can be given at the counter, by mail or by internet, according to the account agreement between the client and his banking institution. The client must usually indicate in this order: the number of the account to be debited, the amount of the operation by referring to the order form, the execution date, and finally the bank details of the Marjolaine account (BIC, IBAN) to be credited. Marjolaine's bank details will be provided to the client by the company.

The client guarantees Marjolaine that he/she has the necessary authorisations to use the method of payment chosen when validating the order form. 

Whatever the method of payment chosen by the client, this payment takes place as soon as the operation is accepted by the banking organisation in charge of the transaction.

However, Marjolaine reserves the right to suspend any order management and any delivery in case of refusal of payment authorisation from officially accredited organisations or in case of questioning of the payment. 

Marjolaine also reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. 

Finally, in order to fight against bank fraud, the company Marjolaine :

- reserves the right to implement an order verification procedure designed to ensure that no one uses the bank details of another person without their knowledge. Within the framework of this verification, the customer may be asked to send Marjolaine a copy of an identity document as well as proof of address. The order will only be validated after reception and verification by the company of the pieces sent;

- reserves the right to use the "3D SECURE" technology. This system, developed by the VISA and MASTERCARD networks, invites the cardholder, by automatic redirection, to authenticate him/herself on an interface of his/her bank, where he/she must enter information such as a personal code that his/her bank will have transmitted to him/her beforehand. It is only once this authentication has been carried out that the cardholder will see the transaction authorised or refused by his bank.

Marjolaine offers the customer the possibility to buy gift cards with a predetermined amount. A gift card is delivered by email in PDF format with a code to apply to the order. It is valid for one year from the date of the order by the customer. The gift card cannot be split and must be spent on a single order, the amount of which must be equal to or greater than the total amount of the card(s) used.

Article 11: Product availability

The order will be processed at the latest within 10 days from the day following the day on which the customer placed the order, except in the case of payment by cashed bank cheque, which gives rise to an additional 10-day period.

In case of unavailability of the ordered product, notably due to our raw material suppliers, the client will be informed as soon as possible and will have the possibility to cancel his order. Marjolaine will then propose a choice to the client: either the reimbursement of the sums within 14 days at the latest of their payment, or the exchange of the product.

No reimbursement is possible in the case where the payment of the order has been settled by a credit note. In these circumstances a new credit note will be issued.

The delivery times indicated for each product are indicative and apply to the day of the order for orders placed before 12 noon, and the day after the order for orders placed after 12 noon. The delays before shipping for orders placed on Friday afternoon, Saturday and Sunday start on Monday.

As soon as Marjolaine proceeds with a shipment, you will receive an email informing you that the goods are leaving their storage place.

Article 12: Terms of delivery

Article L. 216-1 paragraph 3 of the Consumer Code provides that delivery is the transfer to the consumer of physical possession or control of the goods.

In concrete terms, the products are delivered to the postal address indicated by the customer on the order form.

As far as shipping is concerned, Marjolaine uses DHL Express services:

- DHL, a branch of the Deutsche Post DHL group.

As far as DHL is concerned, this service offers the possibility of rapid delivery on site, with tracking of the parcel, and even options for next day delivery before 6pm in mainland France, against signature or commercial stamp. The customer can schedule delivery to their home, a collection point or a neighbour's house and also benefits from several delivery rescheduling options in case of absence.

In the event of late delivery, the carrier's terms and conditions limit its liability to the reimbursement of delivery costs only.

In all cases, the client must contact Marjolaine, who is the sender of the shipment, in order to know the procedure to follow and to allow a claim for loss of parcel or late delivery.

If, following this claim, the lost parcel is found by DHL, it will be re-routed and delivered within the maximum legal period of 30 days.

In the event of a delay in delivery following dispatch, Marjolaine asks the customer to report this delay by contacting the company by telephone on 04 72 65 73 13 or by e-mail at [email protected].

Marjolaine will then contact DHL in order to open an investigation. This investigation procedure can last up to 15 days.

On the other hand, if the product is not found at the end of the legal maximum delivery period, the client may cancel the order on simple request, or choose a replacement product at the same price. 

If the product(s) ordered are no longer available on this date, Marjolaine undertakes to reimburse the amount of the products concerned by the loss of the carrier. 

Any order validated on the site and delivered outside the European Union may be subject to possible taxes and customs duties that are imposed when the parcel reaches its destination. These customs duties and possible taxes linked to the delivery of an article are the responsibility of the consumer. Marjolaine is not obliged to check and inform its consumers of the customs duties and taxes applicable. 

To find out about them, it is up to the client to get information from the competent authorities of the country of destination. In case of refusal by the recipient to pay customs duties or taxes, the sums that may be requested from Marjolaine to recover the parcel will be deducted from the refund made to the client.

Article 13: Delivery problems due to the carrier

Marjolaine draws the client's attention to the fact that he/she must check the conformity of the goods delivered at the time of delivery. 

If the client notices that the goods or the parcel are damaged, he/she must make handwritten reservations on the delivery note, and confirm these within 3 days to the carrier by registered letter.

Indeed, the Commercial Code states that the carrier is presumed to be responsible for damage suffered during transport as well as for loss, except in cases of force majeure.

Article L. 224-65 of the Consumer Code also states that if the carrier has not given the customer the opportunity to check the condition of the package, the customer has 10 days to inform the carrier, by registered letter, of the defects found.

Article 14: Delivery errors

The client must submit to Marjolaine, on the day of delivery or at the latest on the first working day following delivery, any claim relating to an error in delivery and/or non-conformity of the products, whether in kind or in quantity, in relation to the indications on the order form.

This complaint, specifying the reference of the order, must be made to the company Marjolaine: 

- in priority via the contact form on the site;

- by telephone at +33(0)4.72.65.73.13 from Monday to Thursday from 9am to 4pm. 

On receipt of this complaint, Marjolaine will indicate the procedure to follow in order to proceed with the appropriate return of the goods.

In any case, in the event of a delivery error or exchange, any product to be exchanged or reimbursed must be returned to Marjolaine in its entirety and in its original packaging, if possible by Registered Colissimo, to the following address

Marjolaine

Service retour

10 rue Baudelaire 

BP 55059

69601 VILLEURBANNE CEDEX

France +33(0)4.72.65.73.13

Article 15: Product guarantee

The products sold by the Marjolaine website benefit from :

- the legal guarantee relating to conformity;

- the guarantee against hidden defects.

Concerning the guarantee of conformity, the article L217-4 of the Code of consumption states that: "The salesman delivers a good in conformity with the contract and answers for the defects of conformity existing during the delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".

Article L217-7 of the same code specifies that "Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. "

In the event of a lack of conformity, the customer may take action, but Article L217-12 of the same code provides that this action "(...) shall be barred after two years from the delivery of the goods".

Finally, Articles L217-9 and 217-10 provide for options for the customer who may request the repair or replacement of the goods, subject to a cost that would be manifestly disproportionate. Finally, if these two possibilities are not possible, the customer may also return the goods and have the price returned or keep the goods and have part of the price returned.

To avoid any confusion, it is specified that the legal guarantee of conformity applies independently of the commercial guarantee, which may be granted by Marjolaine.

Concerning the guarantee against hidden defects, the consumer can decide to implement article 1641 of the civil code which states that "The seller is bound by the guarantee due to hidden defects of the thing sold which render it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them."

In accordance with Article 1648 of the Civil Code "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".   

Article 16: Right of withdrawal

The right of withdrawal is defined in Articles L.221-18 et seq. of the Consumer Code. According to this right of withdrawal, the customer has :

- a period of fourteen (14) calendar days from the date of receipt of the products to exercise their right of withdrawal from the contract concluded with Marjolaine; and

- a period of fourteen (14) calendar days from the date of notification of the decision to withdraw, to return the product concerned and request reimbursement, with the exception of the delivery and return costs which remain the responsibility of the client.

At the end of these deadlines, the products can only be reimbursed within the framework of the application of the legal guarantee of conformity or hidden defects.

Any return must be reported to the Customer Service of the company Marjolaine:  

- as a priority via the form made available online. The client must then notify his intention to exercise his right of withdrawal by specifying his name, first name, address, order number, date of placing the order, date of receipt and reference of the articles concerned 

- Or by a statement expressing the customer's intention to withdraw.

- In any case, if necessary, a model form for a withdrawal letter is presented below.

In the event of a dispute, Article L221-22 stipulates that the burden of proof of timely withdrawal lies with the consumer.

In the event of exercising the right of withdrawal, Marjolaine will make every effort to reimburse the customer within 14 days of receiving the return form. However, the reimbursement may be deferred until receipt of the product or proof of return of the product.

The refund will be made by the same means of payment as for the purchase, unless this is impossible or better agreed by the parties. Delivery costs will not be refunded.

It is specified that in the case where the order contains a commercial offer linked to a minimum purchase amount, and if the return leads to the minimum amount no longer being reached, the commercial offer will be entirely lost.

Exception to the right of withdrawal: 

Article L221-28 of the Consumer Code provides that the right of withdrawal cannot be applied for contracts: "(...) 5° for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection". 

Products of the type "underwear, lingerie, swimwear, stockings, tights" are delivered by Marjolaine with a label sealed to the product.

Products of this type which have been unsealed by the user are thus excluded from any right of withdrawal. They are a fortiori and under the same legal visa if they have been worn, for reasons of hygiene.

Model letter of withdrawal 

If you wish to exercise your right of withdrawal, please complete and send the present model form to Marjolaine's Customer Service:

- by post to the attention of :

millet desdoitils marjolaine

10 RUE BAUDELAIRE BP 55059

69601 VILLEURBANNE CEDEX

France

 - or by e-mail to the following address

[email protected]

I hereby notify you that I wish to exercise my right of withdrawal concerning the contract for the sale of the product below:

Order number: ...

Ordered on: ...

Received on: ...

Reference of the product(s): ...

Colour and size of product : 

Customer name: ...

Customer's address : ...

Date: ...

Customer's signature : ...

Article 17 - Exchange policy

For items not unsealed after delivery, Marjolaine offers a return policy within 14 days if the goods are not suitable for the customer and are in perfect condition.

The return period starts from the reception of the order and includes the legal retraction period.

The products must be returned to Marjolaine by Colissimo Recommandé, in order to allow the tracking of the shipment. 

The cost of this shipment to Marjolaine will remain the responsibility of the customer.

Upon receipt, the goods will be checked. 

The returned items must be in perfect condition for resale, i.e. with their sealed labels and original packaging. Items returned used, washed or damaged will be refused and returned to the sender by Marjolaine. 

In case the client would ask for an exchange of size for the same reference and colour of the product, Marjolaine will send by Colissimo to the client the article of the requested size to the initial address of the order as soon as the client's return is received.

In the event that the client requests an exchange of products, the returned goods will be reimbursed by a credit note that can be used on the Marjolaine website (in the form of a discount code on a future order):

- This credit note is equivalent to the amount of the returned items and can be used on the Marjolaine website shop for a period of 6 months;

- Only one exchange is accepted. No return is possible for an order paid in full or partially by a credit note. 

- No credit note can be reimbursed.

- Credit notes cannot be split up.

Article 18: Right of withdrawal and the exchange policy

Upon receipt of the items and after checking that they are in perfect condition for resale, the refund or the issue of a credit note will be made according to the following procedures:

- Refund: for products concerned by the right of withdrawal and once it has been implemented by the customer;

- Reimbursement in the form of a credit note: for products excluded from the right of withdrawal and which are in perfect condition.

Article 19: Rights of use

All the elements of the website remain the exclusive intellectual property of Marjolaine.

The photographs, texts, images, drawings, as well as the graphic charter of the Marjolaine website are protected by intellectual property rights.

The brands and logos that appear on the website are protected and registered trademarks. 

The client is not authorised to reproduce, exploit, distribute or use these elements in any way whatsoever.

Furthermore, any simple link or hypertext link is strictly prohibited.

All of these provisions apply except in the case of an explicit and prior authorisation from Marjolaine and within the limits of this authorisation.

Article 20: Force majeure

Marjolaine will not be held responsible for non-execution or delays in execution caused by events having the character of force majeure, and defined as such by a jurisdiction.

This includes any act, event, non-fulfilment, omission or accident over which the company has no control, and which fall under the following non-limitative list:

- Strikes, closures, blockades or other industrial action;

- Demonstrations, riots, insurrection, invasion, terrorist attack or threat thereof, threat of war;

- Fires, explosions, volcanic explosions, storms, earthquakes, floods, subsidence, epidemics, natural disasters;

- Unable to use rail, waterways including sea, air, roads;

- Impossible use of public or private telecommunications networks;

- Acts, decrees, laws or regulations and other restrictions of a state nature;

- Strikes, breakdowns, accidents of means of transport.

The execution of the contract will be suspended as long as the case of force majeure continues and the execution deadlines will be extended proportionally. 

This being said, Marjolaine commits itself to do its best to find a reasonable solution allowing it to execute its obligations, despite the case of force majeure.

Article 21: Non-waiver

If Marjolaine renounces to demand the strict execution of each of the contractual obligations resulting from the GTC or the order form, or if it renounces to exercise a right or a recourse which is open to it by virtue of the contractual obligations, this can never constitute a renunciation of such rights or recourse and will not exempt the client from the strict execution of its obligations.

A waiver of a breach does not constitute a waiver of any subsequent breach.

A waiver shall only be effective by an express declaration, transmitted to the client in the form of a written document that does not contain any ambiguity about the waiver.

Article 22: Autonomy

If one of the provisions of these GTCs should be deemed null and void, illegal or inapplicable, it shall, for this reason, be separated from the other provisions, which shall remain valid, retaining their force of law between the parties.

Furthermore, if one of the titles of the present contract were to contradict one of the clauses, the title in question would be declared non-existent in order to give the clause its full effectiveness.

Article 23: Applicable law

The interpretation and execution of these GTC, as well as all acts that will be the consequence, are exclusively subject to French law.

In the event of a dispute arising between the parties concerning the interpretation, execution or termination of the contract, the parties shall endeavour to settle it amicably.

Article 24: Protection of personal data

Within the framework of the operation of the site www.marjolaine.fr the company Marjolaine is likely to collect personal data. 

These data will be treated in accordance with the purposes foreseen at the time of collection.

For your information, the Charter relating to the protection of personal data is accessible on the website and reproduced in the appendix of the present general conditions of sale, which you acknowledge having read.

Article 25: Responsibility

Marjolaine cannot be held responsible for any damage resulting from the use of the internet network, such as intrusions, viruses, service interruptions or the content of websites to which hyperlinks on the Marjolaine website would refer.

Article 26: Mediation

In the event of a dispute, in application of article L 612-1 of the Consumer Code, the consumer may have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute. 

The article refers to contractual disputes between consumers and professionals concerning the performance of a contract of sale or supply of services.

Thus, in case of difficulty, Marjolaine invites the customer to contact its customer service beforehand. 

If the problem persists, the customer may have recourse to one of the designated mediators and in particular to the FEVAD mediator, concerning e-commerce.

A list of mediators is also available at the following address: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur

Article 27 - Deletion and blocking of the customer account

Marjolaine reserves the right to close any customer account and to refuse any sale in case of abusive, unfair or fraudulent use of the ordering service offered on the site or in case of non-compliance with any of the obligations of the Customer as defined in the present GTC, especially in the case where the same user hides behind different customer accounts with a fraudulent aim or disrupts, in any way whatsoever, any of the services of the site http://www.marjolaine.fr.

Article 28- Remarks

Marjolaine treats with the greatest interest all the remarks and comments that are sent to it by the clients. 

You can write to Marjolaine at the following address

Millet Desdoitils Marjolaine 

10 RUE BAUDELAIRE 

BP 55059

69601 VILLEURBANNE CEDEX

France

You can also use the contact form on the website: http://www.marjolaine.fr.

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