Terms of Sales

Preamble

The Seller, SASU Etablissements Marcel with capital of 5.000 euros whose head office is located at 11 boulevard de Belgique, 42300 Roanne, France, registered with the RCS of Roanne under number 845 276 815, specializes in the manufacture and sale of nightwear for men, women and children, as well as as the manufacture and sale of fashion accessories (hereinafter referred to as “the Products”). Its products are marketed through the website https://lestricotsmarcel.com. The list and description of the goods offered by the Company can be consulted on the aforementioned site.

Article n°1 - Subject

These general conditions of sale determine the rights and obligations of the Parties in the context of the online sale of Products offered by the Seller.

Article n°2 – General provisions

These general conditions of sale (hereinafter referred to as “CGV”) govern the sales of Products made through the Company’s site(s), and 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 the order.

The Seller reserves the right to modify these terms at any time by publishing a new version on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website at the following address: https://lestricotsmarcel.com.

The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Buyer declares to have read all of these T&Cs, and where applicable the T&Cs linked to a product, and to accept them without reservation.

The Buyer acknowledges that he has benefited from the necessary advice and information to ensure that the offer meets his needs.

The Buyer declares that he is able to contract legally under French laws or is validly represented by the natural or legal person for whom he is contracting.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Item no. 3 - Price

The prices of the Products sold are those in effect on the day the order is taken. They are indicated in euros, all taxes included (VAT + other possible taxes) on the Product order page, and excluding specific delivery costs. The Company grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

In the event of incorrect display of a price, caused by a hardware error or a computer malfunction, the validated order is subject to cancellation. The Seller undertakes to inform the Buyer of the situation as soon as possible.

Article n°4 - Conclusion of the contract online

In accordance with the provisions of article 1127-1 of the Civil Code, the Buyer must follow a series of steps to conclude the contract electronically in order to be able to complete their order: - Information on the essential characteristics of the Product; - Choice of the product, where applicable its customization options; - Indication of the Buyer's essential contact details (identification, email, address, etc.); - Acceptance of these general conditions of sale; - Verification of the elements of the order details (double click formality) and, where applicable, correction of errors or cancellation; - Follow-up of payment instructions, payment of products, then delivery of the order.

Confirmation of the order will constitute the formation of this Contract. The Buyer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. The language proposed for the conclusion of the Contract is French.

Delivery will be made to the address indicated by the Buyer. Also, for the purposes of successful completion of the order, the Buyer undertakes to provide accurate and up-to-date identification elements. The Seller reserves the right to refuse an order considered abnormal or made in bad faith, or for any other legitimate reason.

Article n°5 – Products

The essential characteristics of the goods and their respective prices are made available to the Buyer on the site https://lestricotsmarcel.com, under the terms of article L .112-1 of the Consumer Code. The consumer is informed by means of display or by any other appropriate process, of the prices and specific conditions of the sale and execution of the services before any conclusion of the sales contract, under the terms of article L.112-1 of the Consumer Code

In all cases, the total amount owed by the Buyer during the sales process is indicated at the time of confirmation of the order. The selling price of the product is that in force indicated on the day of the order, this not including shipping costs charged in addition. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order.

The Seller undertakes to honor the Buyer's order. In the event of a stock error, the Seller informs the Buyer; if the order has been placed, and in the absence of agreement on a new delivery date or a change of product, the Seller reimburses the Buyer.

The period of validity of the Product offer as well as their prices is specified on the Company's websites.

Article n°6 – Compliance

The products and services offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers (article L. 411-1 of the Consumer Code). Independently of any commercial guarantee, the Seller remains liable for any lack of conformity and hidden defects in the product (art. 1641 c. civ). The Seller refunds or exchanges defective products or products that do not correspond to the order. The refund must be requested from the Company's Customer Service, responsible for studying the request, and will be made via the payment method used to pay for the order. In this context, the Seller will reimburse the price of the products, shipping costs and return costs.

In accordance with article L.217-4, 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 n°7 – Reservation of title clause

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

Article no. 8- Delivery terms

Delivery is made by sending to the Buyer's home via the Post Office's Colissimo service. The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer's benefit to: - the award of damages or the cancellation of the order.

Article n°9 - Payment terms

Payment is due immediately upon ordering, including for pre-ordered products. Payment for orders is made on the website by direct debit. Once the order has been validated, the Buyer must pay the total amount of the invoice. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. Once the payment is initiated by the Buyer, the transaction is immediately debited after verification of the information.

In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Buyer authorizes the Seller to debit their card for the amount relating to the price indicated. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically terminated and the order cancelled.

Article n°10 - Withdrawal periods

The Buyer has the right to withdraw without giving reason, within fourteen (14) days from the date of receipt of his order (art. L221-5 Consumer Code). However, in accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the order of engraved and/or personalized Products.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Buyer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.); If possible, they must be accompanied by a copy of proof of purchase and the withdrawal form available here.

The refund will be made via the payment method used to pay for the order.

Article n°11 - Guarantee

In accordance with the law, the Seller assumes the guarantees of conformity and relating to hidden defects of the products. The Seller reimburses the Buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made via an email request to customer service contact@lestricotrsmarcel.com with photos and details on the condition of the Product concerned. The Seller reminds that the consumer: – has a period of 2 years from delivery of the good to act with the Seller, he can choose between replacement and repair of the good subject to the conditions provided for by the aforementioned provisions.

Article n°12 - Complaints and mediations

If applicable, the Buyer may submit any complaint by contacting the Company's Customer Service at the following address: contact@lestricotrsmarcel.com.

Under arts. L 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can resort to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code.

Thus, in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, SASU Etablissements Marcel joins the Consumer Mediator of FEVAD (Federation of e-commerce and retail sales). distance) whose contact details are as follows: Consumer mediator FEVAD BP 200015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr. After prior written action by consumers vis-à-vis SASU Etablissements Marcel, the Mediator's Service may be contacted for any consumer dispute for which the settlement has not been successful. To find out how to contact the Mediator, click here.

Article n°13 – Intellectual property rights

The brands, domain names, products, images, or texts and more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article n°14 - Force majeure

The liability of the Company Etablissements Marcel cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure . As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 of the Civil Code.

Article no. 15 – Nullity and modification of the contract

If one of the stipulations of this contract were 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 written and signed agreement of the parties.

Article n°16 - Protection of personal data

The Seller sets up a processing of personal data whose purpose is the sale and delivery of products defined in this contract, 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 such data. The Buyer is informed of the following elements: the identity and contact details of the data controller, the duration of data retention: the commercial limitation period - the person concerned has the right to ask the data controller for access to the personal data, rectification or erasure thereof. The information provided by the Customer when taking the order, in particular his telephone number (landline or mobile), is only collected to enable the proper execution and delivery of the order.

In accordance with the provisions of article L.223-2 of the Consumer Code, the Customer is informed of his right to register free of charge on the telephone canvassing opposition list “the Bloctel list” which helps protect consumers from abusive telephone marketing practices.

Article n°17 ​​– Consumer information

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

• Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which significantly diminish this use that the buyer would not have acquired it, or would have only given a lower price, if he had known them.
• Article 1648 of the Civil Code: Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.
• Article L. 217-4 of the Consumer Code : 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 L. 217-5 of the Consumer Code : The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer can legitimately expect having regard to the 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 suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
• Article L. 217-12 of the Consumer Code : Action resulting from lack of conformity is prescribed two years from delivery of the goods.
• Article L. 217-16 of the Consumer Code : When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a return condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.

Article n°18- Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the competent court under the provisions of article R. 631-3 of the Consumer Code.