TERMS OF SALES
Article 1. CONCERNING THE COMPANY MARQUE SAS AND THESE TERMS OF SALE
These conditions of sale are concluded on the one hand by the company marque SAS to the share capital of 100€ which head office is located at 20, rue de la Moskowa 41200 – Romorantin-Lanthenay, registered in the Trade and Companies Register of Blois under the number 901055939 hereinafter referred to as “ømarque” and managing the site marquewebsite, https://marquewebsite.com/ and, on the other hand, by any natural or legal person wishing to make a purchase via the website marquewebsite, https://marquewebsite.com/ hereinafter referred to as “the buyer”.
Customer service email address: firstname.lastname@example.org
The following provisions are, beyond what they stipulate, governed by the mandatory and public order rules of the Consumer Code: Article L 22161 to L 221-29. You can find out about it by consulting the sites https://www.service-public.fr and https://www.legifrance.gouv.fr/
Article 2. OBJET
These conditions of sale aim to define the contractual relations between ømarque and the buyer and the conditions applicable to any purchase made through the websitemarquewebsite, https://marquewebsite.com/ . The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site marquewebsite, https://marquewebsite.com/ is not directly related to his professional activity and is limited to strictly personal use and on the other hand have full legal capacity, allowing him to engage under these general conditions of sale.
Thank you for carefully reading these Conditions of Sale. When finalizing your order, you will be asked to accept these Terms of Sale. Without this acceptance, you will not be able to order your products.
Article 3. UPDATES TO THESE TERMS OF SALE
These Conditions of Sale may be modified at any time. The law governing them on a mandatory basis may also change over time. Thus, we recommend that you check them frequently. The latest version of these Conditions of Sale will always be available on our E-Boutique. Any new version of these Conditions of Sale will take effect immediately on the date of publication and will govern all orders for products placed from that date. Any changes to these Terms of Sale after you place an order will not affect that order or your relationship with us, unless required by applicable law. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Article 4. PRODUCTS, AVAILABILITY AND QUANTITY
The products offered are those which appear on the site. marquewebsite, https://marquewebsite.com/ of the company ømarque, in the limit of the available stock. The companyømarque reserves the right to modify the assortment of products at any time. Each product is presented on the website in the form of a description containing its main technical characteristics (use, composition, etc.). The photographs are as accurate as possible but do not bind the Seller in any way. The sale of the products presented on the site marquewebsite, https://marquewebsite.com/ is intended for all buyers residing in countries that fully authorize the entry into their territory of these products.
All orders placed through our site marquewebsite, https://marquewebsite.com/ are subject to availability and our validation of said orders.
We also inform you that quantity limits may be applied to orders for certain products. We reserve the right to refuse at any time, without notice, orders exceeding a certain number of authorized products. You will be notified by email if necessary.
Article 5. PRICES AND TAXES
The prices of our products are indicated in euros or dollars, all taxes included (TTC).
In the event of an order delivered to a country other than metropolitan France, the buyer is the importer of the products he buys. For all products shipped outside overseas communities or the European Union, the invoice is based on the price excluding taxes. The customer is solely responsible for declarations and payments of any customs duty or other tax that may be payable in his country.
Delivery costs are offered for all products sold by the company ømarque. They are included in the prices of the products offered online.
Article 6. ACCOUNT REGISTRATION
You can register on our E-Boutique. All you need to do is enter a valid email address and a password to secure your account.
To place an order, you must register and create an online account. To do this, you will need to accurately fill in a certain amount of information such as your identity, your contact details, your email address and define a password.
In certain circumstances related to the completion of mandatory formalities, other information or documents may be requested from you. These data are protected in accordance with the legislation and regulations in force.
You will find the rules for the protection of your personal data in the dedicated appendix accessible by the following link: https://marquewebsite.com/politique-de-confidentialite
Article 7. ORDER AND SHIPPING PROCESS
The ordering process via our E-shop is as follows:
- LANGUAGE OF THE ORDER: The tool offered for placing your order is presented in the language you have chosen, in French or in English.
- ADD TO CART: Once you have chosen a product, you can put it in your cart. You can then decide to continue shopping and add them to your basket (subject to availability and quantity limits). Placing an item in your shopping cart does not guarantee its availability at the time of purchase, which is only confirmed once you have received written order and shipping confirmation. The tool includes means that allow you before the conclusion and validation of the order to correct and modify it.
- VALIDATION OF PURCHASES VIA MY ACCOUNT: when you are ready, you then go to “validation”, through your registered account. you can also remove from the basket one or more product(s) that you have selected during the validation process.
- DELIVERY, VERIFICATION AND PAYMENT: During the checkout process, you add and verify your order details and personal information (including email address, shipping address, billing address and payment). You should carefully review and confirm all details appearing on the order summary page before placing your order.
- ORDERING: you then tick the corresponding box and place your order which will validate your acceptance of our general conditions of sale.
The confirmation of an order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and if he has entered it on his order form, the company ømarquewill communicate to him by e-mail the confirmation of the registration of his order.
If the buyer wishes to contact the company ømarque, he can do so either by mail to the following address: ømarque, 20, rue de la Moskowa – 41200 Romorantin-Lanthenay ; or by email to the following address: email@example.com
After validation, you will receive an acknowledgment of receipt of order, by e-mail, containing the details of your order and an order number. Please keep this e-mail address as it will allow us to better follow your order. It should be noted that this acknowledgment of receipt does not constitute confirmation of your order. To do this, the ømarque company team checks the availability of the product(s) and carries out the usual legal checks, in terms of credit, the fight against fraud and security. After verification, an email will be sent to you confirming the preparation of your order.
We reserve the right, at our sole discretion, to refuse, cancel or terminate orders at any time for reasonable cause, in particular in the event of an ongoing dispute concerning the payment of a previous order or if we suspect that you , at our sole discretion, (i) fraudulent activities; or (ii) any other kind of breach of these Terms of Sale.
Finally, it is your responsibility to verify your right to import the product ordered to the place indicated for delivery if you live abroad.
These Terms of Sale will be given to you as soon as we acknowledge receipt of your order.
(a) ORDER AND SHIPPING CONFIRMATION
We will send you an Order and Shipping Confirmation by e-mail when your order is shipped. This Order and Shipping Confirmation constitutes acceptance of your order by us, indicating the existence of a legally binding sales contract, as far as we are concerned, subject to your right of withdrawal.
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Orders are made by La Poste via COLISSIMO, delivery service with tracking, delivery with signature.
Delivery times are given for information only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer refunded. The ømarque company will be able to provide the buyer with the tracking number for their package by e-mail. The buyer is delivered to his home by his postman. In the event of the buyer’s absence, he will receive a delivery notice from his postman, which allows him to collect the products ordered from the nearest post office, for a period indicated by the postal services. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of the companyømarque. The buyer is required to check, in the presence of the La Poste employee or the delivery person, the condition of the packaging of the goods and its contents on delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery. If the buyer has indicated a recipient other than himself for delivery (for example if it is a gift), the buyer understands and accepts that a signature of the said recipient (or of a person at the delivery address) constitutes proof of delivery and acquittal of the sales contract by the company ømarque, implying a transfer of responsibility to the address of the recipient, as if the product had been delivered to the buyer.
The customer is solely responsible for declarations and payments of any customs duty or other tax that may be payable in his country.
Article 8. PAYMENT TERMS
The company ømarque provides you with various means of payment on our E-Boutique in order to facilitate your purchase. Depending on the means of payment, we may request additional information, including any form of special identification.
When ordering on our E-Boutique, you will need to indicate your payment details on the appropriate form. All payment card holders are subject to a validation check and authorization procedure by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you must contact them directly to resolve the problem.
Other payment methods may also be subject to validation checks and payment system provider authorization. You expressly authorize us to perform security checks as we deem necessary, to occasionally transmit or obtain information about you to or from third parties, including but not limited to your payment card details. , in order to authenticate your identity, validate your payment card, obtain initial payment card authorization and authorize individual purchase transactions.
- Payment by bank transfer: When placing an order, the buyer chooses the method of payment of his choice: “Payment by bank transfer”. Finally, the last step offers him to check all the information, read and accept these general conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the “Confirm my order” button. This last click forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of his order. In order to finalize his payment and trigger the processing of his order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to the bank account of ømarque, the details of which are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. The company ømarque will ship the products at the earliest 10 working days after receipt of the transfer corresponding to the order, subject to provisions.
- Paiement sécurisé par carte bancaire (via le système STRIPE) : When placing an order, the buyer chooses the method of payment of his choice: “Payment by Stripe”. The next step offers him to check all the information, read and accept these general conditions of sale by ticking the corresponding box, then invites him to validate his order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure STRIPE interface in order to securely enter their payment information. If the payment is accepted, the order is recorded and the contract definitively formed. Payment made on the secure STRIPE interface, in particular by bank card, is irrevocable.
Article 9. Retention of property
The company ømarque retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included
Article 10. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return shipping costs.
The buyer has the right to withdraw from the contract created by our written order confirmation within fourteen (14) days from the day following that of the order or the day following the date on which the buyer acquires physical possession of the of the products in your order, or from the date on which any person named by the buyer (other than the carrier) acquires physical possession of the product(s) ordered. The starting point of the period is therefore that of delivery. The deadline starts the next day. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
If the buyer is a customer located in the European Union or in the European Economic Area and has made a purchase through the E-shop site, this rule must be considered as constituting his legal right of withdrawal. . In order to respect the deadline for exercising his right of withdrawal, the buyer must contact ømarque Customer Service via firstname.lastname@example.org to express your wish to withdraw. Under no circumstances can you return a product without the prior validation of ømarque Customer Service.
Products must be returned new, in perfect condition, with all protective materials in place and with any attached labels and stickers (if applicable), as well as the original box and packaging, including all accessories, documents and certificates.
If the products do not meet the above standards, we will refuse the return, and the products will be returned to you. If the returned product meets the above standards, we will refund the price of the product.
You will find below the form to send us if the buyer intends to exercise his right of withdrawal:
– ømarque, 20, rue de la Moskowa – 41200 Romorantin-Lanthenay
– I hereby notify you/We notify you (*) that I/we withdraw (*) concerning my/our (*) contract for the sale of the following products (*)
– Ordered on (*)/received on (*),
– Name of the buyer(s), –
Address of the buyer(s),
– Signature of the buyer(s) (only if this form is notified in paper format),
– Date (*) Strike out the useless mention
Article 11. Guarantee
All products supplied by the company ømarque benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned to the company. ømarque who will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by post to the following address: ømarque, 20, rue de la Moskowa – 41200 Romorantin-Lanthenay, within thirty days of delivery.
Article 12. LIMITATION OF RESPONSABILITY
The contract is governed by French law (the law in force).
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties than those mentioned above relating to the E-Boutique products, whether express or implied or otherwise, or that they result from any previous operation, use or commercial practice.
However, no clause in these Conditions of Sale limits or excludes our liability in the event of an involvement that cannot be limited or excluded by the law in force (so-called public order provisions).
The financial and compensatory consequences for any reason whatsoever of our liability to the buyer under these Conditions of Sale under any order, whether this liability is contractual, delictual or quasi-delictual, shall in no case exceed one hundred percent (100%) of the price of the product(s) of the buyer’s order.
The company ømarque, in the distance selling process, is bound only by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 13. Intellectual property
All elements of the site marquewebsite, https://marquewebsite.com/ are and remain the intellectual and exclusive property of the company ømarque. No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.
Article 14. Personal data
The companyømarque undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the user has a right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address: ømarque, 20, rue de la Moskowa – 41200 Romorantin-Lanthenay
Article 15. GENERAL PROVISIONS
If any provision, or part-provision, of these Terms of Sale is held to be unlawful, void or unenforceable, such provision or part-provision shall be deemed not to form part of these Terms of Sale, and the legality, validity or character enforceability of the other provisions of these Terms of Sale shall not be affected, unless applicable law requires otherwise.
These Terms of Sale (and any related terms incorporated by reference) constitute the entire agreement between the buyer and us with respect to the order of products or services, and supersede and supersede all agreements, drafts any agreement, arrangement, covenant or collateral contract of any kind entered into by the parties, whether oral or written, with respect to such subject matter.
We decline all responsibility in the event of non-performance or delay in performance or non-compliance with our obligations under these Conditions of Sale, arising from any cause beyond our control.
Our waiver of any breach of any provision of these Terms of Sale shall not be construed as a waiver of any other or subsequent breach.
This contract is concluded between the buyer and the company ømarque. No other person shall have any right to enforce any of its terms.
Article 16. Litigation
These distance selling conditions are subject to French law. For all disputes or disputes, the competent Court will be that of Paris.