Article 1 - The parties

These General Terms and Conditions are concluded between:
• On the one hand, the company MILLET DESDOITILS - MARJOLAINE registered in the Trade and Companies Register (RCS) of Lyon under 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.
Hereinafter referred to as “the customer”

The Client and Marjolaine will be collectively referred to as “the parties”.
The customer, prior to his order, declares that the acquisition of the products is not directly related to his professional activity, their acquisition being reserved for personal use on his part.
The customer is prohibited from carrying out any purchasing activity for resale of products, Marjolaine reserving the right to refuse an order whose quantities clearly exceed personal use or whose circumstances suggest a clearly speculative, false or fraudulent intention. .
As a consumer, the customer has specific rights offered by law and intended to ensure his best protection within the framework of his contractual relationship with Marjolaine. Marjolaine draws attention to the fact that in accordance with legal rules, the customer cannot invoke these rights reserved for the consumer in the event that the products or services acquired are in reality for a professional activity.
Furthermore, the customer declares to have full legal capacity allowing him to commit to these General Terms and Conditions and to be over 18 years old. The placing of orders by minor individuals requires the prior agreement of their legal representatives.
Finally, the customer agrees to provide an email address, postal address or any other information allowing Marjolaine to contact him accurately and efficiently if this proves necessary for the processing of his order.


Article 2: Respective obligations and rights

The General Conditions of Sale are drawn up with a view to creating a contractual link and protecting the respective rights of the parties by establishing their respective obligations.
Thus, these General Terms and Conditions express the entirety of the obligations of the parties.
In this sense, the customer is deemed to accept without reservation all of the provisions they provide, which are fully enforceable against him.
No general or specific conditions appearing in the documents sent or delivered by the customer may be incorporated into these conditions without express approval from Marjolaine.
Any order placed on the website accessible at the URL address: http://www.marjolaine.fr necessarily implies knowledge and unreserved acceptance by the customer of these General Terms and Conditions.
Concretely, Marjolaine sets up a check box and a validation click during the online purchasing process, thus ensuring knowledge and clear and unreserved acceptance of these T&Cs by the customer.
These General Terms and Conditions are concluded for the duration necessary for the supply of the goods and services subscribed to, until the extinction of the guarantees owed by the company Marjolaine.
For all purposes, the customer is informed:
• that his agreement regarding the content of these General Terms and Conditions does not require a handwritten signature to the extent that he wishes to order online the products presented by the website store;
• that he has the right to save or edit these General Terms and Conditions under his responsibility and for his own personal use only.


Article 3: Modifications to the General Conditions of Sale

The Marjolaine company may modify these General Terms and Conditions at any time.
The modifications will come into force immediately and will apply to any order subsequent to their publication on the site http://www.marjolaine.fr/


Article 4: Contractual documents

The sales contract is formed by the following contractual documents, presented in descending hierarchical order:
• these General Terms and Conditions;
• purchase order.
In the event of a contradiction between the provisions contained in documents of different ranks, the provisions of the higher ranking document will prevail over those from lower ranking documents.


Article 5 – Online sales area

The online sales store set up by the Marjolaine company as part of the website mentions the following important information:
1. a legal notice, allowing precise identification of the Marjolaine company;
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, where applicable, the delivery costs;
4. an indication of the terms of payment, delivery, or execution;
5. the existence of a right of withdrawal;
6. the period of validity of the offer or price if it proves to be special;
7. Possibly the conditions for termination of the contract when it is of indefinite duration or of a duration greater than one year;
All of 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 necessary to allow the customer to know the essential characteristics of the products before the final order taking.
Thus, all products are described by Marjolaine as precisely as possible.
However, despite this care, Marjolaine draws the customer's attention to the fact that her explanations or photographs cannot perfectly render a product, particularly from a chromatic point of view. Therefore, differences arising from the simple reproduction of colors or the rendering of a material cannot be interpreted as lack of conformity nor lead to the cancellation of the sale.
Marjolaine cannot be held responsible in the event of a non-substantial difference between the photography of products present on the site and the product ordered.
If in doubt about the characteristics of a product, the customer can contact the Marjolaine company by telephone on 04 72 65 73 13 or by e-mail at contact@marjolaine.fr.
Finally, Marjolaine specifies that product offers and prices, like promotional offers, are only valid as long as they are visible on the site and while stocks last.


Article 7: Order

To be able to place an Order, the Customer must first register on the Site by creating a Marjolaine account bringing together the Customer's information (the "Account").
All stages of the sale are clearly identified by the website and comply with the conditions provided for by articles 1125 et seq. of the civil code relating to the conclusion of contracts electronically.
Thus, the customer:
• is able to check the details of his order and its total price, as well as to correct any errors before validation of his order. In any case, the order is only definitively recorded after validation by the customer of his agreement to payment and acceptance by his banking establishment of the transaction;
• Marjolaine acknowledges receipt of the order electronically, without delay which would be unjustified. The customer will find in this acknowledgment 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 subject to any modification or cancellation following acknowledgment of receipt by Marjolaine.
The customer can, at his request, have an invoice sent to a billing address and not to the delivery address. To obtain this dissociation of billing and delivery addresses, you must validate the option provided for this purpose on the order form.


Article 8: Proof of the transaction

The computerized records kept by the Marjolaine company's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties.
It is therefore all the data provided by the customer when ordering and then the recorded confirmation of this order which establishes proof of the transaction.
It is specified that Marjolaine undertakes to ensure that the archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence in the context of a written legal or administrative procedure.


Article 9: Price

The prices of products offered for sale are expressed in euros. When delivering within the European Union, the tax specific to each country is applied. When delivered outside the European Union, the products are invoiced excluding tax.
The products ordered are invoiced at the price in effect when the customer validates the order.
These prices are valid only on the website http://www.marjolaine.fr/
Processing, preparation and shipping costs are additionally payable by the customer (more details are presented under the article relating to Delivery).
All orders placed on the site http://www.marjolaine.fr/ are payable upon ordering and Marjolaine reserves ownership 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 information to the customer, for example in the event of a manifest typographical error or 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 which are imposed when the package reaches its destination. These customs duties and possible taxes linked to the delivery of an item are the responsibility of the consumer and are their responsibility.
Marjolaine is not required to check and inform its consumers of applicable customs duties and taxes.
To find out about them, it is up to the customer to inquire with the competent authorities of the country of destination. If the recipient refuses to pay customs duties or taxes, any sums requested from Marjolaine to collect the package will be deducted from the reimbursement made to the customer.


Article 10: Method of payment

To pay for their order, the customer has their choice of all the payment methods specified in the order form.
More specifically, he has the choice of paying for his purchases by bank cards, PAYPAL account and bank transfers.
Regarding bank cards, when finalizing their order, the customer must enter their bank card number, the expiration date of the latter, as well as the last three digits of the visual cryptogram which appears on the back of the card .
Regarding their PAYPAL account, when validating their order, the customer must enter their email address linked to the PAYPAL account as well as their PAYPAL password.
Regarding a bank transfer of sums from the customer's bank account to that of Marjolaine as payment for the order, the transfer order can be given at the counter, by mail or by internet, depending on the account agreement. which unites the customer with his banking establishment. The customer must usually indicate during this order: the number of the account to be debited, the amount of the transaction by referring to the order form, the date of execution, and finally the bank details of Marjolaine's account (BIC, IBAN ) to be credited. Marjolaine's bank details will be provided to the customer by the company.
The customer guarantees the company Marjolaine that he has the authorizations possibly necessary to use the payment method he chooses when validating the order form.
Regardless of the payment method chosen by the customer, this payment takes place upon acceptance of the transaction by the banking organization in charge of the transaction.
However, the Marjolaine company reserves the right to suspend all order management and delivery in the event of refusal of payment authorization from officially accredited organizations or in the event of payment being called into question.
The Marjolaine company also reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Finally, in order to combat bank fraud, the Marjolaine company reserves the right to implement an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. As part of this verification, the customer may be asked to send the Marjolaine company a copy of an identity document as well as proof of address. The order will only be validated after receipt and verification by the company's services of the parts sent. The Marjolaine company reserves the right to use “3D SECURE” technology. This system developed by the VISA and MASTERCARD networks invites the card holder by automatic redirection to authenticate on an interface of their bank to which they must provide information such as a personal code that their bank will have transmitted to them beforehand. It is only once this authentication has been carried out that the card holder will see the transaction authorized or refused by their bank.

Marjolaine offers the customer the possibility of purchasing gift cards of a predetermined amount. A gift card is delivered by email in PDF format where there is a code to apply to the order. Its validity is one year from the date of order by the customer. The gift card is non-fractional 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: Availability of products

The order will be processed at the latest within 10 days from the day following that on which the customer placed their order, except in the case of payment by cashed bank check giving rise to a period of 10 additional days.
In the event of unavailability of the ordered product, in particular due to our raw material suppliers, the customer will be informed as soon as possible and will have the possibility of canceling their order. Marjolaine will then offer a choice to the customer: either reimbursement of the amounts within 14 days of payment at the latest, or exchange of the product.
No refund is possible if payment for the order was paid by a credit note. In these circumstances a new credit note will be issued.
The delivery times indicated for each product are indicative and are understood to be on the day of the order for orders placed before 12 p.m., and the day after the order for orders placed after 12 p.m. The delivery times for orders placed on Thursday afternoons, Fridays, Saturdays and Sundays start on Monday.
As soon as Marjolaine sends a shipment, you receive an email informing you that the goods are leaving their storage location.


Article 12: Delivery terms

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 good.
Concretely, the products are delivered to the postal address indicated by the customer on the order form.
Regarding shipping, Marjolaine uses exclusively the service of DHL Express:
• DHL, branch of the Deutsche Post DHL group.
Regarding DHL, this service offers rapid on-site delivery possibilities, with package tracking, or even next-day delivery options before 6 p.m. in mainland France, against signature or commercial stamp. The customer can schedule delivery to their home, to a collection point or to a neighbor and also benefits from several options for scheduling delivery in the event of absence.
In the event of late delivery, the general conditions of this carrier limit the liability of the carrier to the sole reimbursement of delivery costs.
In all cases, the customer 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 package or late delivery.
If, following this complaint, the lost package is found by DHL, it will be re-routed and delivered within the legal maximum period of 30 days.
In the event of a delay in delivery following shipment, 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 contact@marjolaine.fr.
Marjolaine will then contact DHL 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 maximum legal delivery period, the customer may cancel his order upon 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 affected by the carrier's loss.
Any order validated on the site and delivered outside the European Union may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and possible taxes linked to the delivery of an item are the responsibility of the consumer and are their responsibility. Marjolaine is not required to check and inform its consumers of applicable customs duties and taxes.
To find out about them, it is up to the customer to inquire with the competent authorities of the country of destination. If the recipient refuses to pay customs duties or taxes, any sums requested from Marjolaine to collect the package will be deducted from the reimbursement made to the customer.


Article 13: Delivery problems caused by the carrier

Marjolaine draws the customer's attention to the fact that he must check the conformity of the goods delivered at the time of delivery.
If the customer notices that the goods or the package are damaged, he 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 responsible for damage suffered during transport as well as loss, except in cases of force majeure.
Article L. 224-65 of the Consumer Code also provides that if the carrier has not given him the opportunity to check the condition of the package, the customer has 10 days to inform him, by registered letter, of the defects. observed.


Article 14: Delivery errors

The customer must make to Marjolaine the same day of delivery or at the latest the first working day following delivery, any complaint relating to a delivery error and/or non-conformity of the products, whether in nature or quantity. , in relation to the indications appearing on the order form.
This complaint, specifying the order reference, must be made to the Marjolaine company:
- primarily via the site's contact form;
- by telephone on 04 72 65 73 13 from Monday to Thursday from 9 a.m. to 4 p.m.
Upon receipt of this complaint, Marjolaine will indicate the procedure to follow in order to properly return the goods.

In any case, in the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to Marjolaine in its entirety and in its original packaging, to the following address:
Marjoram
Return service
10 rue Baudelaire
69100 Villeurbanne
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, article L217-4 of the Consumer Code states that: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-7 of the same code specifies that “Defects of conformity which appear within a period of twenty-four months from the 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 can combat 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 can act, but article L217-12 of the same code provides that this action “(…) is prescribed two years from delivery of the goods”
Finally, articles L217-9 and 217-10 provide options for the customer who can request the repair or replacement of the good, subject to a cost which would be manifestly disproportionate. Finally, if these two possibilities are not possible, the customer can also return the item and have the price refunded or keep the item and have part of the price refunded.

To avoid any confusion, it is specified that the legal guarantee of conformity applies independently of the commercial guarantee, which may possibly be granted by Marjolaine.
Concerning the guarantee against hidden defects, the consumer can decide to implement article 1641 of the civil code which provides that “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for sale. use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have only given a lower price, if he had known 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 from 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 the 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 a refund, with the exception of delivery and return costs which remain to be paid the customer's responsibility.
At the end of these periods, the products can only be reimbursed within the framework of the application of the legal guarantee of conformity or hidden defects.
Any returns must be reported to Marjolaine’s Customer Service:
- as a priority via the form made available online. The customer must then notify his intention to exercise his right of withdrawal by specifying his full name, address, order number, date of placing the order, date of receipt and reference of the items concerned.

- Or according to a declaration expressing the customer's desire to withdraw.

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

In the event of a dispute, article L221-22 provides that the burden of proof of timely withdrawal rests on the consumer.
If the right of withdrawal is exercised, Marjolaine will make every effort to reimburse the customer within 14 days of receipt of the return form. However, 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 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 being no longer reached, the commercial offer will be completely lost.
Exception to the right of withdrawal:
Article L221-28 of the Consumer Code provides that the right of withdrawal cannot be applied to 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 such as “underwear, lingerie, swimwear, stockings, tights” are delivered by Marjolaine accompanied by a label sealed to the product.
Products of this type which have been unsealed by the user are therefore excluded from any right of withdrawal. They are a fortiori and under the same legal visa if they were worn for reasons of hygiene.
Withdrawal letter template
If you wish to exercise your right of withdrawal, please complete and send this model form to Marjolaine Customer Service:
- by mail to the attention of:
Millet Desdoitils Marjoram
Web service
10 Rue Baudelaire
69100 Villeurbanne
FRANCE
- or by email to the following address:
contact@marjolaine.fr
I hereby notify you that I wish to exercise my right of withdrawal regarding the contract relating to the sale of the product below:
Order number : …
Ordered on: …
Received on: …
Product reference(s): …
Product color and size:
Client name : …
Customer address: …
Date : ...
Client's signature : ...


Article 17 – Exchange policy

For items not unsealed after delivery, Marjolaine offers a return policy within 14 days as long as the goods do not suit the customer and are in strictly perfect condition.
The return period starts from receipt of the order and includes the legal withdrawal period.
Products must be returned by carrier to allow tracking of the shipment.
The cost of this shipment to Marjolaine will remain the responsibility of the customer.
Upon receipt, the goods will be subject to inspection.
Returned items must be in perfect resalable condition, that is to say with their sealed labels and original packaging. Items returned used, washed, or damaged will be refused and returned to the sender by Marjolaine.
If the customer requests a size exchange for the same reference and color of the product, Marjolaine will send the item of the requested size to the customer by Colissimo to the initial address of the order upon receipt of the customer's return.
In the event that the customer requests an exchange of products, the returned goods will be subject, after verification, to a refund by credit usable on the Marjolaine website (in the form of a reduction code on a future order):
- This credit is equivalent to the amount of the items returned and can be used on the Marjolaine website store for a period of 6 months;
- Only one exchange is accepted. No return is possible for an order paid in full or in part by a credit note.
- No credit can be refunded.
- Assets are not fractional.


18 – Articulation of the 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 issuance of a credit will be made according to the following terms:
- Reimbursement: for products covered by the right of withdrawal and as long as this has been implemented by the customer;
- Reimbursement in the form of a credit: for products excluded from the right of withdrawal and which are in absolutely perfect condition.


Article 19: Rights of use

All 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 customer is not authorized to reproduce, exploit, distribute or use these elements for any reason whatsoever.
Furthermore, any simple or hypertext link is strictly prohibited.
All of these provisions apply except in the case of explicit and prior authorization from Marjolaine and within the limits of this authorization.


Article 20: Force majeure

Marjolaine will not be held responsible for non-performance or delays in execution caused by events presenting the character of force majeure, and defined as such by a court.
This includes any act, event, non-performance, omission or accident over which the company has no control, and which falls under the following non-exhaustive list:
- Industrial strikes, closures, blockades or other;
- Demonstrations, riots, insurrection, invasion, terrorist attack or threat of attack, threat of war;
- Fires, explosions, volcanic explosions, storms, earthquakes, floods, subsidence, epidemics, natural disasters;
- Impossible use of transport by rail, waterways including sea, planes, roads;
- Impossible use of public or private telecommunications networks;
- Acts, decrees, laws or regulations and other restrictions of a state nature;
- Strike, failure, transport accidents.
Performance of the contract will be suspended for as long as the force majeure event continues and performance deadlines will be extended proportionately.
Having said this, Marjolaine undertakes to do her utmost to find a reasonable solution enabling her to fulfill her obligations, despite the case of force majeure.


Article 21: Non-waiver

If Marjolaine renounces to require the strict execution of each of the contractual obligations arising from the T&Cs or the order form, or if she renounces to exercise a right or recourse which is open to her by virtue of the contractual obligations, this can never constitute a waiver to such rights or remedies and will not exempt the customer from the strict performance of its obligations.
A waiver of any breach shall not constitute a waiver of any subsequent breach.
A waiver will only be effective by express declaration, transmitted to the customer in the form of a written document containing no ambiguity regarding the waiver.


Article 22: Autonomy

If one of the provisions provided for in these General Terms and Conditions were to be deemed void, illegal, or even inapplicable, it would, for this reason, be separated from the other provisions which would remain valid, retaining their force of law between the parties.
Furthermore, if one of the titles herein were to contradict one of the clauses, the title in question would be declared non-existent in order to make the clause fully effective.


Article 23: Applicable law

The interpretation and execution of these General Terms and Conditions, as well as all acts resulting from them, are subject exclusively to French law.
In the event of a dispute arising between the parties regarding the interpretation, execution or termination of the contract, the parties will endeavor to resolve it amicably.


Article 24: Protection of personal data

As part of the operation of the site www.marjolaine.fr, the Marjolaine company may collect personal data.
This data will be processed in accordance with the purposes intended during collection.
For your information, the Charter relating to the protection of personal data is accessible on the website and reproduced in the appendix to these general conditions of sale which you acknowledge having read.


Article 25: Liability

Marjolaine cannot be held liable under any circumstances in the event of damage resulting from the use of the internet network, such as intrusions, viruses, service interruptions or the content of websites to which hypertext links refer on the site. internet Marjolaine.


Article 26: Mediation

In the event of a dispute, in application of article L 612-1 of the Consumer Code, the consumer may have free recourse to a consumer mediator with a view to amicably resolving the dispute.
The article targets disputes of a contractual nature, relating to the execution of a contract of sale or supply of services, between consumer and professional.
Thus, in the event of difficulty, Marjolaine invites the customer to contact their customer service first.
If the problem persists, the customer can contact one of the designated mediators and in particular 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 consequently refuse any sale in the event of abusive, unfair or fraudulent use of the ordering service offered on the site or non-compliance with any of the Customer's obligations defined herein. General Terms and Conditions, particularly in the event that the same user hides behind different customer accounts for fraudulent purposes or disrupts, in any way whatsoever, one of the services of the site http://www.marjolaine.fr/


Article 28- Remarks

Marjolaine treats with the greatest interest all remarks and comments sent to her by customers.
You can write to Marjolaine at the following address:
Millet Desdoitils Marjoram
10 Rue Baudelaire
69100 Villeurbanne
FRANCE

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