The original version of these general terms and conditions of sale is in French, any translation is provided for information purposes only.
Article 1: Purpose
These general terms and conditions of sale are concluded between:
Marguerite and Jorge
Amalia Perier, Self-employed
12 rue Rameau, 21000 Dijon, France
Registration number: 8784973200000019
Hereinafter "Daisy and Jorge"
Any natural person visiting and/or wishing to make a purchase via the website of Marguerite and Jorge, accessible via the url www.margueriteetjorge.com.
Hereinafter referred to as "the User".
The present conditions aim to define the terms of distance selling between Marguerite and Jorge and the User, from the order to the payment and delivery. They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties.
The order implies prior and irrevocable acceptance of the general terms and conditions of sale. The User thus acknowledges having read, understood and accepted these conditions by checking, at the time of placing the order, the box: "□ I have read and I accept the general conditions of sale".
The general conditions may be subject to change, the applicable conditions are those in force on the website www.margueriteetjorge.com on the date of placing the order by the User.
The use of the distance selling process described in these General Terms and Conditions of Sale is reserved:
-Only consumers, as defined by law and case law, acting exclusively for their personal needs (not purchasing products for the purpose of resale) and not directly related to a commercial activity.
-With the capacity to conclude this contract: minors are excluded, as well as persons under guardianship or curatorship who do not have the express authorization of their legal guardian.
Article 2: SCOPE OF APPLICATION
These General Terms and Conditions of Sale are applicable to all sales of Marguerite and Jorge items concluded via the Website.
Regarding the sale by electronic means (Internet), the customer declares that he/she has read these General Terms and Conditions of Sale before placing his/her order. The validation of his order therefore implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale shall apply as long as they appear on the www.margueriteetjorge.com Website.
Marguerite et Jorge reserves the right to modify these General Terms and Conditions of Sale at any time. The General Terms and Conditions of Sale in force at the time of conclusion of the sales contract are those applicable to the customer.
Article 3: ORDERS FOR ARTICLES
Orders can be placed via the Internet on the merchant site.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not commit Marguerite and Jorge. Customers can obtain additional information by contacting Marguerite and Jorge Customer Service at the following address: email@example.com In the event of a manifest error between the characteristics of the articles and their representation, Marguerite et Jorge cannot be held liable.
In the event of prolonged inactivity during connection it is possible that the selection of items chosen before this inactivity is no longer guaranteed. The customer will be invited to resume his selection of products from the start. All the steps necessary for the sale will be specified on the Site in accordance with Article 1369-1 of the Civil Code. In accordance with the provisions of article 1369-4 of the Civil Code, the customer will have the possibility, before definitively validating his order, to check the details of his order and its total price and to correct any errors, before confirming it to express his acceptance. From the moment the customer has validated his order, Marguerite and Jorge will acknowledge receipt of it without delay and electronically. However, the sale will only be considered final after Marguerite and Jorge have sent the customer the confirmation of the order, following receipt of payment.
Orders placed on the Site are reserved for consumers for their own use (or gifts) and not for resale. Marguerite and Jorge shall be entitled to refuse for legitimate reasons any order that would suggest that an economic activity is being carried out by the buyer, any order that is abnormal or placed in bad faith, or any order from a customer with whom there is a dispute relating to the payment of a previous order.
Article 4: Products
The Products offered for sale are those appearing on the website www.margueriteetjorge.com, on the day the User consults the website.
The Products are offered for sale within the limits of available stocks. The availability of the products is checked by Marguerite and Jorge at the time of order preparation.
In addition to the photographs reproduced and illustrating the Products presented, the User is invited to consult the description of each Product to know its characteristics. Marguerite and Jorge undertake to reproduce the products as accurately as possible; however, a slight discrepancy with regard to the presentation visuals cannot be completely excluded given the way the products are manufactured.
Article 5: Prices of items
All prices are indicated "net to be paid" (VAT not applicable, in accordance with Article 293 B of the CGI).
Orders to countries outside the European Union are subject to any taxes and customs duties of the destination country, at the Customer's expense.
The customer is also responsible for checking the import possibilities of the products ordered with regard to the law of the country of delivery. We recommend contacting the Customs Service for more information.
It is specified that the tax relief service is not available for remote purchases of Marguerite and Jorge products.
The customer will receive, at the latest upon delivery, written confirmation of the price paid for each item, detailing the price of the items and the delivery costs for which he is responsible.
Marguerite et Jorge reserves the right to modify its prices at any time. Products will be invoiced on the basis of the rates in effect at the time the order is placed.
Article 6: Order
The individual Customer can place his order with Marguerite and Jorge via the Internet 24 hours a day, 7 days a week.
The ordering process consists of 6 successive steps.
Once the selection of products has been made, and the basket validated, the Customer must:
- clearly identify the selected products with the options of colours, sizes,... indicated on the website www.margueriteetjorge.com
- indicate the quantities requested;
- identify themselves either by entering their email address and password, which are strictly personal, or by mentioning all the information usually requested for an online registration;
- clearly indicate the information necessary for delivery. This concerns in particular the precise delivery address as well as any restrictions on the accessibility of the place of delivery (building, floor, digicode, etc.);
- indicate the delivery method chosen;
- finally, indicate the payment method chosen.
Once the payment method has been selected, the Customer must proceed to the payment of his order on the secure interface.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
In all cases, the online provision of the credit card number and the final validation of the order by the Customer will be worth proof of the order and the sums due for the products selected in the order. This validation is equivalent to signature and acceptance of all operations carried out on the www.margueriteetjorge.com website.
An e-mail is automatically sent to the customer to confirm the order, provided that the e-mail address indicated in the registration form is correct.
The Client must verify the completeness and conformity of the information he provides. Marguerite and Jorge cannot be held responsible for any input errors and the consequences in terms of delays or delivery errors. In this context, all costs incurred for the reshipment will be borne by the Customer.
The Customer can at any time consult the status of his order by consulting the "My account" section on the website www.margueriteetjorge.comou by contacting customer service. This tracking allows the Customer to know the status of his order processing, but also the status of shipment or delivery of his packages. This last tracking of delivery is carried out in interface with the Internet means of tracking carriers. Marguerite and Jorge cannot therefore be held responsible for unavailability or errors that may affect the information provided by its carriers. Marguerite and Jorge nevertheless tries to make this information as clear as possible and to make transport as reliable as possible with its carriers. The Customer may at any time contact Marguerite and Jorge's customer service department to be informed of the status of his order.
PROOF OF ORDER
The computerized records, kept in the computer systems of the company Marguerite and Jorge under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 7: Payment
THE DIFFERENT PAYMENT METHODS
The order placed on the website www.margueriteetjorge.com can be paid by:
Mastercard / Maestro
In order to ensure the security of payments, MARGUERITE ET JORGE uses the STRIPE secure payment service. Bank details are encrypted (SSL security standard) and therefore do not circulate in clear on the Internet network.
Marguerite et Jorge reserves the right to suspend any order processing and delivery in the event of refusal to authorize payment by credit card or in the event of non-payment. Marguerite et Jorge reserves the right to refuse to make a delivery or to honour an order from a Customer who has not fully or only partially paid for a previous order or with whom a payment dispute is being administered.
Article 8: Terms of delivery
THE DIFFERENT DELIVERY METHODS OFFERED
In order to facilitate the User's purchases, MARGUERITE ET JORGE offers different delivery methods which are as follows:
- Metropolitan France
Delivery time of 48 hours (2 working days) with COLISSIMO.
- European Union
Delivery time of 3 to 6 working days with DELIVENGO EASY.
- International and DOM-TOM
Delivery time of 8 to 12 working days with DELIVENGO EASY.
Orders to countries outside the European Union are subject to possible taxes and customs duties of the destination country. These costs and the related formalities are the responsibility of the client/recipient. The customer is also responsible for checking the import possibilities of the products ordered with regard to the law of the country of delivery. We recommend contacting the Customs Service for more information.
The products are delivered to the address indicated by the Customer on the order form. The Client must check the completeness and conformity of the information he provides to Marguerite and Jorge, who cannot be held responsible for any input errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment of the order will be entirely at the expense of the Customer.
Marguerite and Jorge cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike, in particular by postal services and means of transport and/or communications).
Orders placed online via the Site are recorded every day from Monday to Friday, except on public holidays. The processing and preparation time of an order is between 24H and 48H.
An e-mail is automatically sent to the Customer when the Products are shipped. Upon receipt of the shipping confirmation email, the Customer may take into account the delivery times of the carriers announced above.
Transport times depend on the carrier chosen by the Customer and the place of delivery.
Marguerite and Jorge inform the Customers for information purposes of the deadlines announced to them by the chosen carrier. Shipping costs are calculated according to the country of delivery at the time of the basket and are definitively confirmed according to the chosen mode of transport and delivery destination, before the final validation of the order.
However, Marguerite and Jorge inform their Clients that the announced deadlines do not include Saturdays, Sundays and public holidays.
The delivery times indicated above are only indicative and depend on the carrier. Marguerite and Jorge cannot be held liable in the event of late delivery, for any reason whatsoever.
The products are packaged in such a way as to ensure optimal protection of the products during delivery. The Customer is requested to respect these same standards when returning a product, whether during after-sales service or during a return for exchange. In the event of a product return, if we notice that the product returns damaged due to insufficient packaging quality, Marguerite and Jorge may decide to refund only partially the product or refuse to refund it if it is impossible to resell it in its original condition.
RESPONSIBILITY OF THE CUSTOMER FOR THE VERIFICATION OF PACKAGES UPON RECEIPT
Marguerite and Jorge remind the Customer that it is the responsibility of the Customer to inspect his packages upon receipt in the presence of the delivery person and to immediately notify the carrier and customer service Marguerite and Jorge of any anomaly found (shock, damaged package, delivery date not in accordance with the normal delivery service deadlines). In the event that such information has not been entered on the delivery note presented to the Customer by the carrier, no claim relating to the condition of the package(s) may be accepted a posteriori by Marguerite and Jorge.
Article 9: Retention of Title Clause
Until full payment of the order, Marguerite and Jorge remains the owner of the Products ordered by the User.
The risks are transferred to the delivery service provider at the time the order is shipped, then transferred to the User at the time the User receives the order.
Article 10: Right of withdrawal
RIGHT OF RETRACTATION
The customer has a legal right of withdrawal which he may exercise within 14 days of receipt of the goods, under the conditions provided for in Articles L. 221-18 and L. 221-20 of the Consumer Code, if he meets the conditions laid down by these provisions, without having to justify his decision or pay any penalties.
To notify his decision to withdraw, the customer can contact Marguerite and Jorge by email at the following address: firstname.lastname@example.org
RETURN OF ITEMS
To return the items he has already received, the customer must proceed as follows:
- Return items by post. The customer must, within the aforementioned fourteen (14) days, communicate his decision to retract to Marguerite and Jorge and return the item concerned.
- The direct costs of returning the item will then be borne by the customer. It will be up to the customer to provide proof of this return, which implies that the items must be returned by registered mail, or any other means giving a certain date, the costs and risks of return being borne by the customer.
The customer must return the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.). Items returned incomplete, damaged, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used, will not be refunded or exchanged and will be returned to him.
Marguerite and Jorge offers its customers the opportunity to exchange the items delivered within fourteen (14) days of receipt. The customer may then return the items concerned under the conditions referred to in the paragraph "Return of Items" above.
In the event of an exchange of items, the initial sale will be cancelled. The payment of the new sale will be made by offsetting the amount of the previous sale, it being understood that any excess received will be the subject of a credit note that can be used within a period of 1 year.
In the case of a gift, the right of exchange may be exercised by the recipient of the gift.
In the event of an exchange of items, the new sale will be subject to these General Terms and Conditions of Sale.
As part of the commercial exchange policy proposed under this article, Marguerite and Jorge reserves the right to refuse an exchange beyond two (2) successive requests. In addition, the delivery costs paid by the customer, if any, will not be refunded.
The refund of the sums paid for the returned item(s) will be made within fourteen (14) days following the date of receipt of the said items by Marguerite and Jorge.
The refund will be made, depending on the method of payment of the items, by crediting the customer's bank account corresponding to the bank card used for payment. In accordance with article L.221-24 of the Consumer Code.
In the case of a gift, the right of withdrawal remains for the exclusive benefit of the customer and can under no circumstances be exercised by the recipient of the gift.
Article 11: Legal guarantees
The user benefits from the guarantee of hidden defects and conformity in accordance with the provisions of Articles 1641 to 1649 of the Civil Code, L217-4 to L217-14 of the Consumer Code to obtain in court the repair or replacement of the goods and if impossible, the resolution or reduction of the price.
LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
Article 1641 of the Civil Code:
"The seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known them".
Article 1648 paragraph 1 of the Civil Code:
"The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect".
LEGAL GUARANTEE OF CONFORMITY
Article L217-4 of the Consumer Code:
"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code:
"To be in conformity with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted".
Article L217-12 of the Consumer Code "The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods".
Article 12: Intellectual Property
The "Marguerite et Jorge" trademark, as well as all figurative or not figurative trademarks and more generally all other trademarks, illustrations, images, paintings, drawings or logos appearing on the articles Marguerite and Jorge, their accessories, their packaging or the www.margueriteetjorge.com Site, whether registered or not, are and will remain the exclusive property of Marguerite and Jorge. Any total or partial reproduction, modification or use of these trademarks, illustrations, images, paintings, drawings and logos, for any reason and on any medium whatsoever, without the express prior consent of Marguerite et Jorge, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and, more generally, any distinctive sign intended to form a composite logo. The same shall apply to all copyrights, illustrations, designs and models, patents which are the property of Marguerite and Jorge.
The User who has a personal website and who wishes to place, for personal use, on his website a simple link referring directly to the home page of the Marguerite et Jorge brand website, must request authorization from the company Marguerite et Jorge.
Article 13: Personal Data
The company Marguerite et Jorge, responsible for the processing, collects the mandatory personal data. This collected data is necessary for the processing, tracking and delivery of your order, as well as for the preparation of invoices. On the other hand, this data may be necessary to send offers, news or advertisements, whether personalised or not, only if they are accepted. They may also be used for statistical analysis.
MARGUERITE ET JORGE ensures that it takes all necessary measures, in accordance with the Data Protection Act of 6 January 1978 and the General Data Protection Regulations (RGPD) of 27 April 2016, to ensure the protection, confidentiality and security of personal data.
For more information on his rights, the use and protection of this data, the User may refer to the section "PERSONAL DATA".
Article 14: FORCE MAJEURE
The performance by Marguerite et Jorge of all or part of its obligations shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would hinder or delay its performance.
Are considered as such, in particular, without this list being exhaustive, riots, insurrection, social unrest, strikes of any kind and supply problems of the company Marguerite and Jorge.
Marguerite et Jorge will inform the client of such a fortuitous event or force majeure within seven (7) days of its occurrence. In the event that this suspension continues beyond a period of fifteen (15) working days, the customer would then have the possibility of cancelling the current order, and his refund would then be made under the conditions set out in Article 8 of these General Terms and Conditions of Sale.
Article 15: Applicable law and disputes
These general terms and conditions of sale are subject to French legislation.
Any disputes that may arise regarding the validity, interpretation, performance or termination of this contract shall be submitted to the jurisdiction of the French courts, notwithstanding multiple defendants and/or warranty claims, even for emergency proceedings or protective proceedings in summary proceedings or by application.
The competent court in the event of a dispute shall be that of the defendant's place of residence.
The original version of this Data Protection Policy is in French, any translation is provided for information purposes only.
In the course of its activity, Marguerite and Jorge collect and process information, some of which is described as "personal data". Marguerite and Jorge attach great importance to the respect of privacy, and only use data in a responsible and confidential manner and for a specific purpose.
On the website www.margueriteetjorge.com there are 2 types of data that can be collected:
- The data transmitted directly
This data is the one you send us directly, via a contact form or by direct contact by email.
- Data collected automatically
During your visits, once your consent has been given, we may collect web analytic information about your browsing, the duration of your visit, your IP address, your browser type and version. The technology used is the cookie.
Use of the data
The data you provide directly to us is used to contact you again and/or as part of the request you make to us. Web analytics data is collected anonymously (by recording anonymous IP addresses) by Google Analytics, and allows us to measure our website audience, visits and possible errors in order to constantly improve the user experience. This data is used by Marguerite and Jorge, who is responsible for processing the data, and will never be transferred to a third party or used for any purpose other than those detailed above.
Personal data are only collected with the mandatory consent of the user. This consent is validly obtained (checkbox), free, clear and unambiguous.
The data will be saved for a maximum of 3 years.
Your rights regarding personal data
You have the right to consult, modify or delete all your personal data. You may also withdraw your consent to the processing of your data.
Data Protection Officer Contact
Amalia Perier - email@example.com