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Shopping online site Marcell'a Lingerie has been put in place by Corinne Plancade, which is the operator of this site. Any order taking under a product contained within the online shop website Marcell'a Lingerie.com requires prior consultation of these general conditions. Accordingly, the consumer agrees to be perfectly aware that its agreement concerning the contents of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online products presented in the framework of the shop Web site. The online shop set up by society Marcell'a Lingerie through the website lists the following information:
1. legal notice allowing a precise identification of society Marcell'a Lingerie
2. presentation of the essential characteristics of goods proposed
3. indication, in Euros of prices of goods and, where appropriate, delivery charges
4. specifying the modalities of payment, delivery or performance
5. the existence of a right of withdrawal
6. the validity of the offer or the price
7. the conditions of termination of contract if it is of indefinite duration or longer than one year
8. All these information are presented in French. The consumer claims to have full legal capacity enabling it to engage under these general conditions
Article 1: Entire
These general conditions express the full obligations of the parties. In this sense, the consumer is deemed to accept unreservedly the full provisions under these general conditions. No general or specific condition contained in documents sent or given by the consumer may not fit the present, since these documents would be incompatible with these general conditions.
Article 2: Subject
These general conditions are designed to define the rights and obligations of parties under the online sale of goods and services offered by the company Marcell'a Lingerie the consumer.
Article 3: Contract Documents
This contract is formed by the following contractual documents, presented in descending order of authority: these general conditions, the purchase order. In case of contradiction between the provisions contained in documents of different row, the provisions of the document above prevail.
Article 4: Entry into force - period
These general conditions come into force on the date of signature of the purchase order. These conditions are concluded for the time necessary for the provision of goods and services purchased, to extinction due guarantees by the company Marcell'a Lingerie.
Article 5: Electronic signatures
The "click" of the consumer under the order constitutes an electronic signature that has, among the parties, the same value as a handwritten signature.
Article 6: Order Confirmation
Contractual information will be a confirmation process of e-mail not later than the time of delivery or alternatively, to the address given by the consumer within the purchase order.
Article 7: Proof of the transaction
The computerized records, stored in the computer systems of society Marcell'a Lingerie in conditions of reasonable safety, will be considered as evidence of communications, orders and payments between the parties.
Article 8: Product Information
8-a: The company Marcell'a Lingerie present on its website to sell products with features that allow necessary to comply with Article L 111-1 of the Consumer Code, which allows for the potential consumer to know before taking final order the essential characteristics of products they wish to buy.
8-b: The offers presented by the company Marcell'a Lingerie are valid only within the limits of available stocks.
Article 9: Price
Prices are valid until the date of sending the order by the consumer. They do not include shipping, billed as a supplement, and indicated before the validation of the order.
Article 10: Payment
To regulate his order, the consumer has, at its option, all modes of payment referred to within the purchase order. The consumer guarantees the company Marcell'a Lingerie he has the necessary authorizations to use the mode of payment chosen by him, during validation of the purchase order. The company Marcell'a Lingerie reserves the right to suspend any order management and delivery in the event of non payment. The company Marcell'a Lingerie reserves the right to refuse to make a delivery or meet an order from a consumer who would not have totally or partially settled a previous command or with which a payment dispute would administration course.
Article 11: Availability of products
The order will be executed no later than within 10 days from the day after the consumer has spent his command. In the event of unavailability of product ordered, particularly because of our suppliers, consumers will be informed as soon as possible and will be able to cancel the order or request the exchange of product.
Article 12: Terms of delivery
The products are delivered to the address given by the consumer on the purchase order. The consumer is required to check the condition of the packaging of goods for delivery and report damage to the carrier on the delivery and the company Marcell'a Lingerie, within one week. The consumer may, at his request, obtain sending an invoice to the billing address and not the delivery address by validating the option provided for this purpose on the order form. As regards shipping, we work mainly with Colissimo Monitoring. As soon as we proceed to a shipment, you immediately receive a message informing you.
THE POST
To minimize transportation costs, all products of medium or low congestion are shipped by a service of the post Colissimo Monitoring. In addition to being economic, this book 48H service throughout France and gives you the opportunity to recover the products ordered from your post office near the delivery address in the absence of initial place of delivery at the presentation of factor. Specifically, if you are absent the day of delivery, your factor you leave a calling card in your mailbox, which allows you to withdraw your packages to your post office during normal business hours within a period of 15 days. Colissimo Monitoring is a very reliable service. However, it may, as in any expedition, there may be a delay in delivery or that the product goes astray. In the event of late delivery in relation to the date that we've indicated in the e-mail dispatch, we ask you to report the delay in calling us by phone or by sending us an email. We then contacted the Post to start an investigation. A Post investigation can last up to 21 days from the date of commencement of the investigation. If during this period, the product is found, it will be re-routed immediately to your home (most cases). But if the product is not found at the end of 21 days of investigation, the Post considers the package as lost. It is only then that we can send you a replacement product, at our expense. If the products ordered were not available at this time, we will refund the amount of products concerned by the loss of the carrier. If the products were still available, but had changed prices on the site, we appliquerions new sale price, either by check reimbursing you for the difference, either by requesting a check about this price differential. We disclaim any responsibility for the longer delivery times due to the carrier, particularly in cases involving loss of goods or strike.
Article 13: Problems with delivery because of carrier
Any discrepancy concerning the delivery (damage, missing product compared to slip, damaged package, products broken…) should absolutely be shown on the delivery in the form of "handwritten reserves", accompanied by the signature of the customer. The consumer will have the same confirm this anomaly by sending the carrier within two (2) business days following the date of delivery mail with a receipt stating those claims. The consumer must send a copy of the letter by fax or by mail to:
Lingerie Marcell'a
Customer Service,
Marcell'a Lingerie, chemin de l'arénier, Eyragues 13630 - 09 79 66 85 33
Article 14: Errors Delivery
14-a: The consumer will have to make to society Marcell'a Lingerie on the day of delivery or no later than the first business day following delivery, any claim of error of delivery and / or non-compliant products nature or quality in relation to information given on the order form. Any claim made beyond this period will be rejected.
14-b: The formulation of this claim with the company Marcell'a Lingerie can be made: - primarily by telephone 09 79 66 85 33, - using our site formualire contact, you can ask your question in specifying the reference of the order.
14-c: Any claim not made in the rules defined above and within the deadlines will be taken into account and put the company Marcell'a Lingerie any responsibility vis-à-vis the consumer.
14-d: In the event of error of delivery or exchange any product exchange or refund must be returned to society Marcell'a Lingerie as a whole and in its original packaging, Colissimo Recommended, at the following address:
Lingerie Marcell'a
Service return,
Marcell'a Lingerie, chemin de l'arénier, Eyragues 13630 - 09 79 66 85 33
To be accepted, any return will be reported in advance to the customer service of society Marcell'a Lingerie.
The shipping costs are borne by society Marcell'a Lingerie, except where it would prove that the product is not included in the declaration of origin made by the consumer in the right of return.
Article 15: Guarantee products
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof can not deprive consumers of the legal guarantee that requires the seller to ensure professional against all the consequences of the defects of the thing sold . The consumer is expressly informed that the company Marcell'a Lingerie is not the producer of products presented within the website, under the law No. 98-389 of 19 May 1998 and on the liability for defective products.
Article 16: Right of withdrawal
The consumer has a period of 7 days to return, at its expense, products would not suit him. This period from the date of delivery of the consumer's order. If this deadline expires on a Saturday, Sunday or a holiday or day, it is extended until the first business day following. Any return must be reported prior to the customer service of society Marcell'a Lingerie: - primarily by telephone 09 79 66 85 33. The proceeds will be returned to Colissimo Recommended to Marcell'a Lingerie, YOUR ADDRESS, YOUR CITY.
Only products will be taken as a whole returned in their original packaging complete and intact, and in perfect condition for resale. Any product that has been defaced, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is carried out without penalty, except the cost of return. In the case of the exercise of the right of withdrawal, the consumer has the choice to either seek a refund of payments, exchange of the product. In the case of an exchange, the re-shipment will be at the expense of consumers.
If excercice the right of withdrawal, the company Marcell'a Lingerie will make every effort to repay the consumer within 15 days.
The consumer will then be reimbursed by cheque.
Article 17: Use Rights
The right to use software company Marcell'a Lingerie, as well as those distributed by it, the consumer is granted on a non-exclusive, personal and non-transferable, according to the Intellectual Property Code. However, under Article L122-6-1 of the Code, the consumer has a right of reproduction exclusively for the establishment of a backup copy, when it is necessary to preserve the use of software. In any case, the software author retains a right of ownership over his work, that the consumer agrees to comply.
Article 18: Force majeure
Neither side has failed to meet its contractual obligations, insofar as their implementation is delayed, obstructed or prevented by a fortuitous event or force majeure. Will be seen as fortuitous event or force majeure all facts or circumstances irresistible, outside the parties, unpredictable and unavoidable, beyond the control of the parties and which could not be prevented by the latter, despite all efforts reasonably possible. The party affected by such circumstances to notify the other within ten business days following the date on which it will have been informed. The two sides closer, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on conditions under which the execution of the contract will be continued. If the force majeure has more than three months, these general conditions may be terminated by the injured party. In specific, are considered as force majeure or accidents, in addition to those usually used by the decisions of the courts and tribunals french: blocking means of transportation or supplies, earthquakes, fires, storms, floods, lightning; stopping telecommunication networks or difficulties specific to the external telecommunications networks to customers.
Article 19: No partial validation
If one or several stipulations of these general conditions are held to be invalid or declared under such a law, regulation or following a final decision of a competent court, the remaining provisions will remain in full force and their scope.
Article 20: Law
These conditions are subject to French law. It is thus for the rules of funds as for the rules of form. In case of dispute or claim, the consumer will address priority to society Marcell'a Lingerie to get an amicable solution.
Article 22: Information and Freedoms
The information requested consumers are required to treat his order and may be provided to the contractual partners of the company Marcell'a Lingerie involved in carrying out this order. The consumer can write to the company Marcell'a Lingerie has the following details: Marcell'a Lingerie, chemin de l'arénier, Eyragues 13630 - 09 79 66 85 33, to oppose such a communication, or to exercise its rights to access, rectification in respect of information concerning and contained in the files of society Marcell'a Lingerie, as provided by law of 6 January 1978.
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