General terms and conditions of online sale

MAISON LE MARQUIER, a Simplified Limited Company with a Sole Shareholder with share capital of €350,000, registered with the DAX Trade and Companies Register under number 303 663 462, with registered office at 30 Rue Ambroise 1, 40390 Saint Martin de Seignanx, France, telephone number 05 59 56 57 22, VAT number FR 57 303 663 462, is the publisher of the website www.lemarquier.com. LE MARQUIER offers Internet users who access the "products" section of this website (hereinafter the "Website") the opportunity to order products.

Scope of application

These general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale"), which specify in particular the terms and conditions of ordering, payment, delivery and possible return of said products, are applicable to all products sold via the Website, for delivery in metropolitan France (excluding Corsica).

Consequently, the customer declares that he/she has read these General Terms and Conditions of Sale before placing an order. In this respect, each time an order is placed on the Website, the customer must confirm acceptance of the General Terms and Conditions of Sale by checking the box "I accept the General Terms and Conditions of Sale". Validation at the time of ordering therefore implies the customer's unreserved acceptance of these General Terms and Conditions of Sale.

In accordance with the provisions of Articles 1369-1 and 1369-4 of the French Civil Code, these General Terms and Conditions of Sale may be stored on the customer's computer and/or reproduced by the customer in printed form.

These General Terms and Conditions of Sale will be applicable for as long as they appear on the Website. LE MARQUIER may modify and update these General Terms and Conditions of Sale at any time, it being understood however that the applicable General Terms and Conditions of Sale will be those in force at the date of the customer's order, as formally accepted by the customer.

Customer identification

The online sale of products on the Website is exclusively reserved for end users, i.e. consumer customers, as defined by law and jurisprudence, who are acting exclusively on their own behalf and who are domiciled in metropolitan France (excluding Corsica).

When selling its products online to customers, LE MARQUIER will collect the personal data necessary for the registration, processing and tracking of orders, such as, in particular: title, last name, first name, delivery address, billing address, email address and password, telephone number, etc.

In order to purchase a product on the Website for the first time, the customer must open a customer account and fill out an order form, including certain mandatory fields, so that LE MARQUIER can process the customer's selection. Thereafter, for all new orders, customers will identify themselves using their email address (login) and password.

The information provided by the customer when opening a customer account for the first time or when placing an order must be complete, accurate and up-to-date. Otherwise, LE MARQUIER will not be able to process the customer's orders. If the customer does not wish to provide this information, LE MARQUIER will not be able to respond favorably to the order.

The customer's personal data may be communicated by LE MARQUIER, in whole or in part, only to LE MARQUIER service providers who are involved in the processing of orders.

The customer has the right to access, rectify and delete the personal data collected and processed by LE MARQUIER. Customers may exercise this right at any time by logging on to the Website and accessing the "My Information" section, where they can update the personal data stored in their customer account.

How to order online

LE MARQUIER takes the utmost care and accuracy in the presentation and description of the products offered on the Website within the limits of technology, the computer equipment used and in compliance with the best market standards. LE MARQUIER notes that weights and dimensions may vary according to technical manufacturing requirements. It is also possible that non-substantial errors may appear on the Website, which the customer acknowledges and accepts.

The customer will select on the page of the Website on which the products are described: the chosen products and the chosen quantity. The following will then be automatically displayed on this page: the quantity chosen, the unit price, any delivery charges and the total price of the order.

An email confirming the order will be sent to the customer without delay to the email address provided by the customer. To this end, the customer formally accepts the use of electronic mail so that LE MARQUIER can confirm the contents of the order. LE MARQUIER recommends that the customer keeps this email and/or prints it, so that the customer has proof of the order. The customer must indicate this in the order confirmation.

The data recorded by the Website as summarized in this email constitutes proof of all transactions between LE MARQUIER and its customers.

Failure to comply with these General Terms and Conditions of Sale may prevent the customer's order from being finalized.

Price / Availability

The price of the products presented on the Website includes all taxes.

As previously indicated, the price of each of the products that the customer wishes to purchase, as well as the amount of any delivery charges, will be communicated to the customer on the Website page before payment of the order, as well as in the order confirmation email that LE MARQUIER will send to the customer. Product offers and prices are valid as long as they are visible on the Website, and within the limits of available inventories.

In the event that a product is unavailable after an order has been placed, LE MARQUIER will inform the customer by email as soon as possible, and will ask the customer either to order another product displayed on the Website as a replacement, or to cancel the order. If the customer chooses to cancel the order, a refund will be made within 14 days of payment if the customer's credit card has already been debited.

LE MARQUIER reserves the right to change at any time and without notice the products and prices of the products offered on the Website, to include any increase in the costs of raw materials, manufacturing, packaging, transport or labor, it being specified that the products offered for sale and their corresponding prices will be those in force at the time of the order, as accepted by the customer by validating the order.

Payment terms

All orders placed on the Website and requiring payment must be settled by the customer immediately after validation of the order by credit card by clicking on the "Validate" tab. The products ordered remain the property of LE MARQUIER until LE MARQUIER has received payment in full.

The customer's credit card will be debited upon confirmation of the payment transaction made by the customer in the secure payment environment integrated into the Website by LE MARQUIER's financial partner. Customers therefore authorize their bank in advance to debit their bank card on the basis of the records or statements transmitted via the above-mentioned secure environment, even if the bank card holder has not signed an invoice.

In the event that, for any reason whatsoever (objection, refusal by the issuing center, etc.), it is impossible to debit the sums due by the customer, the purchase process on the Website will be cancelled.

Delivery / Charges

Products purchased on the Website are delivered from Monday to Friday inclusive, excluding weekends and public holidays, to the personal delivery address indicated by the customer on the order form in metropolitan France. Any delivery address outside this territory will be refused during the online ordering process.

Delivery costs and dates depend on the products ordered and selected by the Customer on the Website, and are calculated on the total amount of the order. In order for these delivery times to be met, the customer must make sure to provide accurate and complete information concerning the delivery address (such as, in particular: street number, building number, entrance number, access codes, names and/or intercom numbers, etc.). LE MARQUIER cannot be held responsible for the consequences of a delay in delivery for which it is not responsible.

Once the ordered products have been shipped, LE MARQUIER will send the customer an email confirming that the order has been shipped.

For all parcel deliveries:
The parcel will be given to the customer in exchange for signature and upon presentation of an identity document. If the customer is not at home, a delivery notice will be left so that the customer can reschedule the delivery or pick up the parcel at the address indicated by the carrier.

For all pallet deliveries:
After the pallet has been handed over to the carrier, it will be forwarded to the branch closest to the recipient. The carrier will then arrange a delivery date with the customer by telephone, email and/or SMS. Appointments are scheduled from Monday to Friday, within a half-day or full-day window. The carrier will deliver to the customer's door if the delivery address is a house, or to the building lobby if the delivery address is an apartment. The carrier is not obliged to make deliveries inside the customer's home, or to an upper floor. The carrier is also not obliged to unpack, assemble or install the products.

In the event that customer is absent or unavailable to receive the order, the customer must notify the carrier; otherwise, the customer will be responsible for the costs of re-delivery. In the event of an error in the delivery address, the place of delivery or any other issue resulting in the need to make a new delivery, the customer will be invoiced at the actual cost of the new delivery, which will be subject to payment of these additional costs.

At the time of delivery, it is recommended that the customer verify that the products are in conformity with the order and that they are not damaged and to indicate, if necessary and if possible, on the shipping note, in the form of a handwritten comment accompanied by the customer's signature, any anomaly concerning the ordered products, and to contact LE MARQUIER as soon as possible by email or telephone, or to send a letter to LE MARQUIER explaining any defects or the nonconformities noted and to exert any recourse against the carrier in the event of damage or delay: a credit note will not be issued without proof of these claims.

Regardless of delivery, LE MARQUIER will retain ownership of the Products until full payment of the Purchase Price has been received from the Customer.

Right of withdrawal

Subject to Article L. 121-20-2 of the French Consumer Code, the customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the products ordered on the Website in which to exercise the right of withdrawal, without having to justify this decision or to pay any penalties.

A Customer who decides to exercise the right of withdrawal, where this is possible, must do so using the withdrawal form provided for this purpose and available online below: Download the withdrawal form (in which case LE MARQUIER will immediately send the customer an acknowledgement of receipt on a durable medium) or any other statement expressing the customer's wish to withdraw, before the expiry of the period indicated above.

The products must be returned at the customer's expense, complete and in their original condition, accompanied by a copy of the delivery note or, failing this, accompanied by the customer's contact details and order number, to the following address: LE MARQUIER - 30 Rue Ambroise - 40390 Saint Martin de Seignanx.

It is the customer's responsibility to provide proof of this return, as the costs and risks of return will be borne by the customer.

Only products returned in a condition suitable for resale by LE MARQUIER will be accepted (this assumes that the products are returned in their original packaging or, at the very least, in packaging providing equivalent protection for the products during return transport). Consequently, products returned incomplete, spoiled, damaged or soiled will not be reimbursed to the customer.

Subject to compliance with the above-mentioned time limit and conditions, LE MARQUIER will reimburse all sums paid by the customer, including any initial delivery charges invoiced by LE MARQUIER to the customer, to the customer's bank account corresponding to the bank card used to place the order, within fourteen (14) days of the date on which the customer exercised the right of withdrawal.

In the event that the above-mentioned conditions for exercising the right of withdrawal have not been met and the product has been returned by the customer to LE MARQUIER, the customer may again receive, at customer's own expense, the product returned by him/her in the condition in which it was returned to LE MARQUIER.

Product Compliance and Returns

LE MARQUIER warrants that, at the time of delivery, the Products will be free from defects and will meet the specifications indicated by LE MARQUIER, provided that the Products are used by the customer for purposes consistent with those for which this type of product is normally used.

In the event of non-conformity of the product delivered to the customer, any claim must be sent by email to sav@lemarquier.com accompanied by:
- A (legible) photocopy of the purchase invoice for the products.
- Photos and descriptions of any defects or malfunctions.

Each request will be handled on a case-by-case basis. Any decision to return for workshop testing or for exchange is at the sole discretion of the Company's Technical Department. The cost of return shipment are the responsibility of the user of the products involved in the request.

When returning any goods, the products must be returned with a copy of the delivery note or, failing this, with the customer's details and order number, complete and in their original condition to the following address: LE MARQUIER – D817-ZA Amboise – 40390 Saint Martin de Seignanx

The customer is advised to provide proof of this return.

Products returned incomplete, or which have been altered, damaged and/or soiled by the customer will not be reimbursed./p>

In any case, prior written authorization from LE MARQUIER is required. Goods returned without authorization will be returned to the sender, who will be required to pay the freight charges. In any case, these provisions do not exclude the customer from the benefit of the legal guarantees mentioned below.

Legal warranty

In addition to the above-mentioned legal warranties of conformity and for hidden defects, LE MARQUIER products are covered by the following commercial warranties under the conditions defined below: to be defined

Subject to the foregoing, the return of any Product by the Customer is subject to the prior agreement of LE MARQUIER, which may obtain on request any information justifying the Customer's claim, such as details, photographs, etc.

Independently of the above-mentioned commercial warranties granted to Customers, LE MARQUIER is bound by the legal warranty of conformity and for hidden defects under the following conditions:

In the event of a lack of conformity, consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

Where the contract for the sale of the good involves the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity which affects the digital content or service, and not the date of its appearance. The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of the consumer's request, free of charge and without any major inconvenience for the consumer.

If the good is repaired under the legal warranty of conformity, the consumer will receive a six-month extension of the initial warranty. If the consumer asks for the good to be repaired, but the seller decides to replace it, the legal warranty of conformity will be renewed for a period of two years from the date of the replacement of the good.

The consumer may obtain a reduction in the purchase price by keeping the good, or may terminate the contract by obtaining a full refund in exchange for return of the good, if: 1) The professional refuses to repair or replace the good; 2) The repair or replacement of the good takes place after a period of thirty days; 3) The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if the consumer bears the costs of installing the repaired or replacement good; 4) The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the good or to recission of the contract when the lack of conformity is so significant as to justify immediate reduction in the price or recission of the contract. In this case, the consumer is not obliged to request the repair or replacement of the goods beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period during which the product is held for repair or replacement will cause the remaining warranty period to be suspended until delivery of the repaired product.

The above-mentioned rights result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. A seller who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal warranty for hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

Liability and Exclusion of Warranty

All LE MARQUIER products comply with the standards applicable in France. LE MARQUIER may not be held liable, including under legal and commercial warranties, in the following cases:

- Damage caused by dropping, impact or incorrect use (or use which is not in accordance with the instructions),
- Lack of maintenance, negligence, use of aggressive detergents or use that does not comply with safety regulations and the LE MARQUIER manufacturer's recommendations.
- Aureoles or stains attributable to the resulting combination: moisture retention + heat,
- Natural wear and tear and loss of product freshness
- Corrosion due to scratches or abrasions caused by use, which cannot be removed by normal cleaning and maintenance,
- Minor corrosion, a natural result of the steel material
- Corrosion of steel due to use directly on the seafront
- Changes in the appearance of wood/bamboo due to natural aging.
- Use for professional purposes, misuse of the Product,
- Storage of Products in conditions that are abnormal or incompatible with the nature of the Products,
- Deformation of charcoal grills due to incorrect use: wood, vine shoots, liquid and gel fire-starters are prohibited.

LE MARQUIER assumes no liability or warranty in the event of malfunction of the Internet, particularly in the event of delays in transmissions or any other malfunction. LE MARQUIER cannot guarantee that messages transmitted electronically will not be intercepted.

LE MARQUIER cannot be held liable for temporary or permanent damage to the Customer's computer system or for any loss or damage suffered.

Force majeure

The performance by LE MARQUIER of all or part of its obligations will be suspended in the event of a case of force majeure which prevents the performance of its obligations. Events recognized by French jurisprudence and legislation are considered to be force majeure.

No waiver

The fact that LE MARQUIER refrains from requesting at a given moment the performance of any of the provisions of these General Terms and Conditions of Sale cannot be interpreted as a waiver of the right to invoke the same total or partial non-performance at a later date.

Intellectual property and Use of trademarks and images

LE MARQUIER retains all intellectual property rights and expertise relating to the products it manufactures and markets. The use of the LE MARQUIER logo and images of LE MARQUIER products for advertising purposes, in any form whatsoever, is subject to the prior written consent of LE MARQUIER. All communications should be addressed to LE MARQUIER by postal mail or via email at lemarquier@lemarquier.com

Validity of the general terms and conditions of sale

If any clause of these General Terms and Conditions of Sale is declared invalid in whole or in part, the other clauses and the other rights and obligations arising from these General Terms and Conditions of Sale shall remain unaffected and shall continue to apply unless their application is rendered impossible.

These General Terms and Conditions of Sale are governed by French law.

The consumer may bring a claim either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court having jurisdiction over the place where the consumer lived when the contract was entered into or when the harmful event occurred.

Consumer mediator

In accordance with Articles L612-1 to L612-5 of the French Consumer Code, the consumer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional. To this end, LE MARQUIER guarantees that the consumer has effective recourse to the following consumer mediation system:

- Online at cm2c.net.
- Or by postal mail at CM2C: Centre de la Médiation de la Consommation de Conciliateurs de Justice, 14 Rue de Saint Jean, 75017 PARIS

Last update: May 25, 2021