Terms of Sales

PREAMBLE

The seller is publisher of textiles and services for consumers, marketed through its website:https://www.marlenerougier.coM.

The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.

Article 1. Legal information and general provisions

These General Conditions of Sale (CGV) govern the commercial activity of Marlène Rougier (the seller), domiciled at 56 Rue du Pas-Saint-Georges, 33000 BORDEAUX, FRANCE, contact@marlenerougier.com.

They determine the rights and obligations of the parties as part of the online sale of products and/or services offered by the seller. Online sale is exclusively made through the company's website (Marlène Rougier).

The GTC are an integral part of the contract between the buyer and the seller. They are fully enforceable against the buyer who accepted them before placing an order.

Access and use of the site are subject to acceptance and compliance with these GTC.

The seller reserves the right to modify, at any time and without notice, the site and services as well as these CGV, in particular to adapt to the developments of the site by the provision of new features or the deletion or modification existing features.

The CGVs then applicable are those being in force on the date of payment (or the first payment in the event of multiple payments) of the order.

These CGVs can be viewed on the company's website at the following address: https://www.marlenerougier.com.

The company also ensures that the acceptance of these GTCs is clear and unreservedly, by setting up a check box and a validation click. The client declares that they have read all these GTCs, and, if necessary, the special conditions of sale linked to a product or service, and accept them without restriction or reserve. The client acknowledges that he has benefited from the necessary advice and information in order to ensure the adequacy of the offer to his needs. The client declares to be able to contract legally, under French laws, or validly represent the natural or legal person for which he is committed.

Unless otherwise stated, the information recorded by the company constitutes proof of all transactions.

The buyer acknowledges having read the GTC set out in this document before placing an order.

Article 2. Informatics and freedoms

In accordance with the Data Protection Act of January 6, 1978, the buyer has a right of access, rectification, modification and deletion regarding the data which concerns it.

The buyer can exercise this right by addressing the publisher (Marlène Rougier) at the following email address: contact@marlenerougier.com.

Article 3. Orders

Orders can be placed by buyers via the website. Once the buyer has ordered, he received a confirmation email at the address indicated during the purchase. If for some reason the seller could not process the order, the buyer will be informed directly on the email indicated during the purchase.

Article 4. Price  

The prices of products sold through the website are indicated in euros including tax and precisely determined on the product description pages.

Customs duties or other local taxes or import rights or state taxes are likely to be due in certain cases. These rights and sums do not fall under the seller's spring. They will be borne by the buyer and fall under his responsibility (declarations, payment to the competent authorities, etc.). As such, the seller invites the buyer to find out about these aspects with the corresponding local authorities.

The company reserves the right to modify its prices at any time for the future.

Article 5. Conclusion of the online contract

In accordance with the provisions of article 1127-1 of the Civil Code, the customer must follow a series of steps to conclude the contract by electronic means to be able to carry out its order: - Information on the essential characteristics of the product; - choice of product, if necessary, of its options; - Indication of the essential contact details of the client (identification, e-mail, address, etc.); - Acceptance of these GTCs; - Verification of the elements of the command (formality of the double click) and, if necessary, correction of errors. Before proceeding with confirmation, the buyer has the possibility of checking the details of his order, his price, and correcting any errors, or canceling his order. Confirmation of the order will take the formation of this contract. Then, follow -up of the instructions for payment, payment of products, then delivery of the order. The customer will receive confirmation by email from the payment of the order, as well as an acknowledgment of receipt of the order confirming it.

The client will have, during their order process, the possibility of identifying any errors made in data entry and correcting them. The language proposed for the conclusion of the contract is the French language.

For delivered products, delivery will be made to the address indicated by the customer. For the purposes of good achievement of the order, the customer undertakes to provide truthful identification elements. The seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 6. Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's website, as appropriate, that the method of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, display or by any other appropriate process, prices and specific conditions the sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount due by the buyer is indicated on the order confirmation page. The sale price of the product is that in force indicated on the day of the order, the latter not comprising the port fees billed in addition. These possible costs are indicated to the buyer during the sales process, and in any event at the time of confirmation of the order. The seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products or services are not immediately executed, clear information is given on the product presentation page as to the delivery dates of products or services. The Customer attests to have received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the seller's identity, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The seller undertakes to honor the order of the client within the limits of the stocks of products available only. Otherwise, the seller informs the customer; If the order has been placed, and in the absence of agreement with the customer on a new delivery date, the seller reimburses the customer.

Contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity of the product supply and their prices is specified on the company's website, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless special conditions, the rights granted for these are only in the natural person signatory to the order (or the person holder of the communicated e-mail address).

Article 7. Compliance

In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GTC respond to the prescriptions in force relating to the safety and health of people, to the loyalty of commercial transactions and consumer protection. Regardless of any commercial guarantee, the seller remains held defects in conformity and hidden vices of the product.

In accordance with article L.217-4, the seller delivers a good in accordance with the contract and responds to existing compliance defects during issuance. He also responds to compliance defects resulting from packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility.

In accordance with the legal provisions in terms of compliance and hidden defects (art. 1641 c. Civ.), The seller reimburses the defective product (s) or not corresponding to the order. The refund can be requested as follows: - Send an email to contact@marlenerougier.com ; - Return the product to the address indicated and in accordance with the terms of returns (see article 11); - the refund comes upon receipt of the order,After verification, and within 7 days maximum on the same means of payment as that used when ordering once the items are received and verified.

Article 8. Reserve of ownership clause

The products remain the property of the company until full payment of the price.

Article 9. Delivery methods

Delivery is made in accordance with the order placed by the buyer. The products are delivered to the delivery address which was indicated when ordering and on time indicated. These deadlines do not take into account the period of preparation for the order. In the event of delay in delivery, the customer has the possibility of resolving the contract under the conditions and terms defined in article L 216-2 of the Consumer Code. The seller then reimburses the product and the costs "go" under the conditions of the provisions of articles L216-3 and the L241-4 of the Consumer Code.

The seller recalls that at the time when the customer is in physically possession of the products, the risks of loss or damage to the products are transferred to him. It is up to the customer to notify the carrier any reserve on the product delivered.

 

A delivery means is made available to the buyer: La Poste/Colissimo (against or without signature).

For an expedition to France:

Standard shipping without signature (3 to 10 working days) costs €6.

The standard shipment against signature (3 to 10 working days) costs €8.

The standard shipment to overseas (Guadeloupe, Reunion, Martinique, Saint-Barthélemy) (5 to 14 working days) costs €10.

The delivery costs are offered from €120 purchase and €150 for overseas.

For a shipment to Europe* ** (5 to 14 working days), the delivery costs are €12 and offered from €180 purchase.

*exception for Switzerland for which delivery costs are €14 and free from €180 purchase.

**exception for Georgia, Iceland, Norway, UK, Serbia, Turkey and Ukraine for which delivery costs are €18 and free from €200 purchase.

We deliver to Germany, Austria, Belgium, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Georgia, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Romania, UK, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic, Turkey, Ukraine.

For a shipment to the rest of the world (5 to 14 working days), the delivery costs are €22 and offered from €240 purchase.

We deliver to South Africa, Australia, Brazil, Cambodia, Canada, Chile, China, Colombia, South Korea, Costa Rica, Ecuador, UAE, USA, Hong Kong, India, Indonesia, Israel, Japan, Lebanon, Malaysia, Morocco, Mexico, New Zealand, Philippines, Russia, Singapore, Taiwan, Thailand.

Any customs fees to these destinations are the responsibility of the buyer.

Delivery times remain indicative and do not take into account possible unforeseen events

The seller is in no way responsible for any problems that may provide for delivery.

Article 10. Payment

Payment is due immediately to order.

A method is available to the buyer: Shop Pay.

Cards issued by banks domiciled outside France must be international CB (bank cards) (Mastercard or Visa). Secure online payment by CB is made by our payment service provider. The information transmitted is encrypted in the rules and cannot be read during transport on the network. Once the payment has been launched by the customer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his bank information during the sale, the customer authorizes the seller to debit his card of the amount relating to the price indicated. The client confirms that he is the legal holder of the card to be debit and that he is legally entitled to use it. In the event of an error, or impossible to debit the card, the sale is immediately resolved as of right and the order canceled.

Article 11. Retraction time and return methods

In accordance with the provisions of article L 221-5 of the Consumer Code, the buyer has the right to withdraw and return the product (s) of his choice without giving reason, within 14 days maximum on the date of receipt of his order. The right of withdrawal can be exercised by contacting the company as follows: - Send an email to contact@marlenerougier.com ; - Return the order according to the terms and address indicated by email.

Products returned to us without first requesting a return will not be accepted.

Return costs and any related risks remain the exclusive responsibility of the Customer. The return of the product(s) must be made in accordance with the original condition (same packaging as when the order was received : packaging*, buttoning, folding, etc) ; the product(s) must not have been worn. They must, if possible, be accompanied by a copy of proof of purchase.

*our packaging has a double self-adhesive strip, making it easier to return it to the original packaging.

If the return deadline has passed and/or the above conditions have not been respected, the Seller reserves the right not to accept the return because it has fully informed its Customer of these conditions.

The refund will be made within 7 days maximum on the same means of payment as that used when ordering once the items have been received and verified (see article 7).

In the case of a return of an order containing several items but not all of which is returned, the price/value of the returned item(s) only will be refunded. The "outward"/initial transport service will not be reimbursed, this still taking place due to the fact that the Customer retains part of his/her order subject to these costs.

Article 12. Guarantees

In accordance with the law, the seller assumes the guarantees of compliance and relating to the hidden defects of the products. The seller reimburses the buyer or exchange the apparently defective product (s) not corresponding to the order placed. The refund request must be made as follows: - Send an email to contact@marlenerougier.com ; - Return the product to the address indicated and in accordance with the terms of returns (see article 11); - The refund comes upon receipt of the order and within 7 days maximum on the same means of payment as that used when ordering once the items have been received and verified.

The seller recalls that the consumer: - has a period of 14 days maximum (used goods) from the issuance of the property to act with the seller; - that it can choose between the replacement, reimbursement or repair of the property subject to the conditions provided for by the aforementioned provisions. apparently defective or not corresponding; - can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, it can choose between the resolution of the sale or a reduction in the sale price (provisions of the Articles 1644 of the Civil Code).

Article 13. Complaints and mediation

If necessary, the buyer may present any complaint by contacting the company by means of the following contact details: contact@marlenerougier.com.

In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can use a mediator of consumption under the conditions provided by the Title I of Book VI of the Consumer Code.

In the event of failure of the claim for complaint to the seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to an XXX mediator who will try independently to bring the parts closer to obtain an amicable solution.

Article 14. Contract resolution

The order can be resolved by the buyer by registered letter with request for acknowledgment of receipt in the following cases: - Delivery of a product not in accordance with the characteristics of the order; - Delivery exceeding the deadline fixed when ordering or, in the absence of a date, within thirty days of payment; - increase in unjustified price or product modification.

In these cases, the buyer may require the reimbursement of the deposit paid increased by interest calculated at the legal rate from the date of collection of the deposit.

Article 15. Intellectual property rights  

Brands, field names, products, software, images, videos, texts or more generally any information object of intellectual property rights are and remain the exclusive property of the seller. No sale of intellectual property rights is carried out through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever without authorization from the seller is strictly prohibited and may be subject to prosecution.

Any copy or reproduction of upcycled clothing creations, total or partial, intended for commercial use is strictly prohibited and can be subject to prosecution.

Article 16. Force majeure  

The execution of the seller's obligations at the end of these presents is suspended in the event of a fortuitous or force majeure case which would prevent the execution. The seller will advise the customer of the occurrence of such an event as soon as possible.

Article 17. Nullity and modification of the contract

If one of the stipulations of this contract was canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties.

Any contractual modification is only valid after a written and signed agreement from the parties.

Article 18. Responsibility

The seller's responsibility can only be engaged in the event of gross, intentional or dolosive fault. In all other cases, the seller's responsibility can never be sought or engaged by buyers.

Article 19. Personal data protection

In accordance with regulation 2016/679 of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of this data, the seller sets up a processing of personal data which has for finality the sale and delivery of products and services defined in this contract. The buyer is informed of the following elements: the identity and contact details of the controller and, if necessary, of the representative of the controller: the seller, as indicated at the top of these GTC; - The contact details of the data protection delegate: XXX - The legal basis of processing: contractual execution - recipients or categories of personal data recipients, if they exist: the controller, his services in Charge of marketing, the services in charge of IT security, the service in charge of the sale, delivery and order, subcontractors involved in delivery and sale operations as well as any authorized authority authorized to access To the personal data in question - no transfer outside the EU is provided - the data retention period: the time of the commercial prescription - The person concerned has the right to request the controller access to personal data, the rectification or erasure of these, or a limitation of the treatment relating to the person concerned, or the right to oppose the treatment and the right to the A Portability of the Data - The person concerned has the right to submit a complaint to a control authority - The information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered , otherwise the order will not be able to place. No automated or profiling decision is implemented through the order process.

Article 20. Applicable law and clauses

All the clauses appearing in these GTC, as well as all the purchase and sales operations referred to in it, will be subject to French law.

The nullity of a contractual clause does not result in the nullity of these conditions.

Article 21. Consumer information

For consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:

Aricle 1641 of the Civil Code: the seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for the use to which it is destined, or which decreases this use so much that the buyer would not have it Acquired, or would have given only a lower price, if he had known them.

ARICLE 1648 of the Civil Code: The action resulting from crippling vices must be brought by the buyer within two years (14 days in this case with regard to second -hand goods) from the discovery of the vice. In the case provided for in article 1642-1, the action must be introduced, under penalty of foreclosure, in the year following the date on which the seller can be unloaded from vices or apparent defects.

Article L. 217-4 of the Consumer Code: The seller delivers a good in accordance with the contract and responds to existing compliance defects during issuance. He also responds to compliance defects resulting from packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility.

Article L. 217-5 of the Consumer Code: the property is in accordance with the contract: 1 ° if it is specific to the usually expected use of a similar property and, if applicable:

• If it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;

• If he presents the qualities that a buyer can legitimately wait for public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted.

Article L. 217-12 of the Consumer Code: The action resulting from the lack of compliance is prescribed by two years (14 days in this case with regard to second-hand goods) from the issuance of the property.

Article L. 217-16 of the Consumer Code: when the buyer requests the seller, during the price of the commercial guarantee which was granted to him when the acquisition or repair of a movable property, a recovery State covered by the guarantee, any immobilization period of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's intervention request or the provision for repairing the property in question, if this provision is after the intervention request.

​

Our General Conditions of Sale (GTC) have been developed from a free and free model that can be downloaded from the site:https://www.donneespersonnelles.fr/.