GENERAL TERMS AND CONDITIONS OF ONLINE SALES

Updated on 29/03/2024

MAISON LE MARQUIER, Simplified Joint Stock Company with a capital of 350,000 euros, registered with the Trade and Companies Register of DAX under number 303 663 462, whose registered office is located at 30 Rue Ambroise 1, 40390 Saint Martin de Seignanx, telephone number 05 59 56 57 22, VAT number FR 57 303 663 462 publishes the website accessible at www.lemarquier.com.

LE MARQUIER offers internet users who connect to the said site, in its "products" section (hereinafter the "Site"), the opportunity to order products.

1. SCOPE

These general terms and conditions of sale (hereinafter: "General Terms and Conditions of Sale"), which notably specify the terms of ordering, payment, delivery, and possible return of said products, apply to all sales of products concluded via the Site, for delivery in metropolitan France (excluding Corsica).

Consequently, the customer declares that they have read these General Terms and Conditions of Sale before placing their order. In this regard, with each order on the Site, the customer must confirm their acceptance of the General Terms and Conditions of Sale by checking the box "I accept the terms of the general terms and conditions of sale." This validation at the time of ordering constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

In accordance with the provisions of articles 1125 and 1127-1 of the Civil Code, these General Terms and Conditions of Sale can be retained by computer recording and/or reproduced by the customer by printing them.

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

2. CUSTOMER IDENTIFICATION

The online sale of products on the Site is exclusively reserved for end-users, namely consumer customers, as defined by French law and jurisprudence, acting exclusively for their own account.

In the context of the online sale of its products, Le MARQUIER will collect personal data concerning customers, necessary for the registration, processing, and monitoring of orders, such as, in particular: title, last name, first name, delivery address, billing address, email address and password, telephone number, etc...

Indeed, the customer must, in order to purchase a product on the Site during their first order, open a customer account and fill out an order form specifying certain mandatory fields so that their selection can be taken into account by LE MARQUIER. Subsequently, and for any new order, the customer will identify themselves using their email address (username) and password.

The information provided by the customer when opening their customer account or during each of their orders must be complete, accurate, and up-to-date. Otherwise, LE MARQUIER will not be able to process the orders. If the customer does not wish to provide such information, LE MARQUIER will not be able to fulfill their order.

The data concerned may be communicated by LE MARQUIER, in whole or in part, only to the service providers of LE MARQUIER involved in the execution of orders, for transport purposes.

The customer has the right to access, rectify, and delete the personal data concerning them collected and processed by LE MARQUIER. They can exercise this right at any time by accessing, once authenticated on the Site, the section "My Info" where they can update the personal data recorded on their customer account. The conditions for the processing of customers' personal data are detailed in the section "Data Protection and Privacy Policy".

3. ONLINE ORDERING PROCEDURES

LE MARQUIER takes the utmost care and accuracy in presenting and describing the products offered on the Site within the limits of the technique, the computer equipment used, and in accordance with the best market standards. LE MARQUIER indicates that weights and dimensions may vary depending on manufacturing technical constraints. Also, it is possible that non-substantial errors may appear on the Site, which the customer acknowledges and accepts.

The customer will select on the page of the Site where the products are described: the chosen products, their chosen quantity. The chosen quantity, the unit price, any delivery charges, and the total price of the order will then be automatically displayed on said page. An order confirmation will be sent to the customer without delay and by email sent to the address provided by the customer.

FOR THIS PURPOSE, THE CUSTOMER EXPRESSLY ACCEPTS THE USE OF EMAIL FOR THIS CONFIRMATION BY LE MARQUIER OF THE CONTENT OF THEIR ORDER.

By retaining this email and/or printing it, the customer holds proof of the order, which LE MARQUIER recommends keeping. The customer must immediately notify LE MARQUIER of any errors and/or omissions contained in this order confirmation.

The data recorded by the Site as summarized in said email constitutes a mode of proof of all transactions between LE MARQUIER and its customers.

Failure to comply with these GTC may prevent the completion of the Customer's order.

4. PRICE / AVAILABILITY

The price of the products presented on the Site is understood to be all taxes included.

As previously indicated, the price of each product that the customer wishes to acquire, as well as the amount of any delivery charges, will be communicated to them on the Site page before payment of their order as well as in the email confirmation of the order sent to them by LE MARQUIER. The product offers and prices are valid as long as they are visible on the Site, and within the limits of available stock.

In the event of a product being unavailable after the customer has placed their order, LE MARQUIER will inform the customer by email as soon as possible, offering them either to order another product presented on the Site as a replacement, or to cancel the order. If the customer chooses to cancel their order, a refund of the price will be made no later than 14 days after payment if the customer's credit card has been previously debited.

LE MARQUIER reserves the right to change at any time and without notice the products and prices of the products offered on the Site, to include any increase in the costs of raw materials, production, packaging, transport, or labor, it being specified that those 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 latter.

5. PAYMENT TERMS

Any order with an obligation of payment placed on the Site must be paid for by the customer immediately after the order is validated by credit card by clicking on the "Pay my order" tab. The products ordered remain the property of LE MARQUIER until the full price is collected by LE MARQUIER.

The customer's credit card will be debited when the payment transaction is confirmed by the customer in the secure payment environment integrated into the Site by LE MARQUIER's financial partner. The customer therefore authorizes their bank in advance to debit their credit card based on the records or statements transmitted via said secure environment, even in the absence of invoices signed by the cardholder.

In the event that, for any reason whatsoever (objection, refusal by the issuing center, etc.), the debit of the sums due by the customer proves impossible, the purchase process on the Site will be canceled.

6. DELIVERY / COSTS

Products purchased on the Site are delivered from Monday to Friday, excluding weekends and public holidays, to the delivery address indicated by the customer on the order form within the countries listed by LE MARQUIER (hereinafter "the Territory"), namely: France, Spain, Belgium, Netherlands, Luxembourg, Germany, Italy, Switzerland, and Canada. Any delivery address located outside of this Territory will be refused during the online ordering process.

The delivery costs and dates depend on the products ordered chosen by the Customer on the Site and calculated on the total order and the delivery address provided by the customer. In order for these deadlines to be met, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.). LE MARQUIER cannot be held responsible for the consequences of a delay in delivery that is not its fault.

After the products ordered have been shipped, LE MARQUIER will send the customer an email confirmation of shipment.

For any parcel delivery:
The parcel will be handed over to the customer against signature and upon presentation of identification. In case of absence, a notice of attempted delivery will be left for the customer, allowing them to reschedule the delivery or to pick up their parcel at the address indicated by the carrier.

For any pallet delivery:
A delivery appointment is made by the carrier, with the customer, by phone, email, and/or SMS. Appointments are scheduled from Monday to Friday within a half-day time slot, or even a full day. The carrier delivers the Customer to the door of their home if it is a house or to the building lobby if it is an apartment. The carrier is not obliged to make the delivery inside the Customer's home, nor to an upper floor. It is also not required to unpack, assemble, or install the products.

In case of absence or unavailability to receive the order, the Customer must inform the carrier imperatively; otherwise, the redelivery will be at their expense. An error in the delivery address, the delivery location, or any other problem necessitating a new delivery will be subject to billing to the Customer at the actual cost of the new delivery, which will be subject to payment of these additional costs.

It is recommended that the customer check at the time of delivery that the products are in accordance with their order and not damaged and, if possible, indicate on the transport document and in the form of handwritten reservations accompanied by their signature any anomalies concerning them, 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 non-compliance that may have been observed and to take any recourse against the carrier in case of damage or delay: no credit note will be issued without proof of these claims.

Regardless of the delivery, LE MARQUIER will retain ownership of the Products until it receives full payment of the Sales Price from the Customer.

7. RIGHT OF WITHDRAWAL

Subject to Article L. 121-28 of the Consumer Code, the customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the products ordered on the Site to exercise their right of withdrawal, without having to justify reasons or pay penalties.

To facilitate the processing of their request, it is recommended that the Customer who decides to exercise their right of withdrawal use the withdrawal form provided for this purpose and available online below: Download the withdrawal form.

The customer can also use any other means allowing them to clearly express their intention to withdraw, before the expiry of the above-mentioned period, provided they clearly identify their order number and the product concerned. Otherwise, their request cannot be processed. An acknowledgment of receipt on a durable medium will be communicated to the customer by LE MARQUIER, subject to the above.

The customer must return the product(s) concerned at their own expense, in their original and complete condition, possibly accompanied by a copy of the delivery note or, failing that, their contact details and order number to the following address: LE MARQUIER – 30 Rue Ambroise – 40390 Saint Martin de Seignanx.

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

Only products returned in a condition allowing them to be resold by LE MARQUIER (assuming they are returned in their original packaging or, at the very least, in packaging providing equivalent protection for the products during their return transport) will be accepted. Consequently, incomplete, damaged, or soiled products returned will not be refunded to the customer.

Subject to compliance with the deadlines and conditions mentioned above, LE MARQUIER will refund all sums paid by the customer, including any initial delivery costs charged by LE MARQUIER to the customer, at the latest upon receipt by LE MARQUIER of the returned product, or upon receipt of proof of shipment of the product, with the date chosen being the first of these events. If the Customer has expressly chosen a more expensive delivery method than the standard delivery method, only the amount of the standard delivery will be refunded. The refund will be made using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a refund by another means of payment.

In the event that the conditions for exercising the right of withdrawal described above have not been met despite the product being returned by the customer to LE MARQUIER, the customer may again receive at their own expense the product they returned in the condition in which it was returned to LE MARQUIER.

8. LEGAL WARRANTY - CONFORMITY / PRODUCT RETURNS

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date it appeared. When the sale contract of the goods provides for the supply of digital content or a digital service on an ongoing basis for a period exceeding two years, the legal warranty applies to this digital content or digital service throughout the agreed supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, not the date it appeared.

The legal warranty of conformity requires the professional, if necessary, to provide all necessary updates to maintain the conformity of the goods.

The legal warranty of conformity gives the consumer the right to repair or replace the goods within thirty days following their request, without charge and without major inconvenience to them.

If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer requests the repair of the goods, but the seller insists on replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by being fully refunded upon return of the goods if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after thirty days;

3° The repair or replacement of the goods causes major inconvenience to the consumer, particularly when the consumer definitively bears the costs of recovering or removing the non-compliant goods, or if they bear the costs of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the unsuccessful attempt by the seller to bring them into conformity.

The consumer also has the right to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that an immediate reduction in price or resolution of the contract is justified. The consumer is not required to request repair or replacement of the goods beforehand.

The consumer does not have the right to terminate the sale if the lack of conformity is minor.

Any period of immobilization of the goods for repair or replacement suspends the warranty remaining until the delivery of the repaired goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who in bad faith obstructs the implementation of the legal warranty of conformity incurs a civil fine of up to a maximum of €300,000, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal warranty against hidden defects in accordance with Articles 1641 to 1649 of the 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 goods are kept or to a full refund upon return of the goods.

LE MARQUIER guarantees that at the time of delivery, the Products will be free from defects and will meet the specifications indicated by itself, provided that they are used by the customer for purposes consistent with those for which such products are 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:

Each request is handled on a case-by-case basis. Any decision regarding return for workshop testing or exchange is at the sole discretion of LE MARQUIER's Technical Department. Return costs are the responsibility of the Customer. Such costs will be reimbursed if the non-conformity is confirmed.

If necessary, the products must be returned, accompanied by a copy of the delivery note or, failing that, the Customer's contact details and order number, in their original and complete condition, to the following address:

LE MARQUIER 
D817-ZA Amboise – 40390 Saint Martin de Seignanx.

It is advisable for the customer to retain proof of this return.

Products returned incomplete, modified, damaged, or soiled by the customer will not be refunded.

Goods returned without prior authorization from LE MARQUIER will be returned to the Customer, who will then be responsible for the transport costs. In any case, these provisions do not deprive the customer of the benefits of the legal guarantees as set out below.

Reproduction of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 of the Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code: Art. L. 217-4 of the Consumer Code: "The Seller delivers goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility."

Art. L. 217-5 of the Consumer Code:

"The good is in conformity with the contract:

1° If it is suitable for the customary use of a similar good and, if applicable:

- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, the producer, or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the Customer, brought to the attention of the Seller, and accepted by the latter."

Art. L. 217-12 of the Consumer Code:

"The action resulting from lack of conformity is barred after two years from the delivery of the goods."

Art. L. 217-16 of the Consumer Code:

"When the Customer asks the Seller, during the course of the commercial warranty granted to him upon acquisition or repair of a movable item, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that was still running.

This period runs from the request for intervention by the Customer or the availability for repair of the item in question, if this availability occurs after the request for intervention."

Art. 1641 of the Civil Code:

"The Seller is bound by the warranty on account of hidden defects in the thing sold that render it unfit for the use for which it is intended, or that diminish to such an extent this use, that the Customer would not have acquired it, or would have given a lesser price for it, if he had known them."

Art. 1648, first paragraph, of the Civil Code:

"The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."

In case of seeking amicable solutions prior to any legal action, it is reminded that they do not interrupt the deadlines for legal guarantees or the duration of the contractual warranty described below.

9. COMMERCIAL WARRANTY

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

Any claim must be sent by email to sav@lemarquier.com accompanied by:

Each request is handled on a case-by-case basis. Any decision regarding return for workshop testing or exchange is at the sole discretion of LE MARQUIER's Technical Department. Return costs are the responsibility of the Customer. Such costs will be reimbursed if the non-conformity is confirmed.
If necessary, the products must be returned, accompanied by a copy of the delivery note or, failing that, the Customer's contact details and order number, in their original and complete condition, to the following address:

LE MARQUIER
D817-ZA Amboise – 40390 SAINT MARTIN DE SEIGNANX

It is advisable for the customer to retain proof of this return.

10. RESPONSIBILITY - WARRANTY EXCLUSIONS

All LE MARQUIER Products comply with the applicable standards in France. LE MARQUIER's liability cannot be engaged, including under legal and commercial guarantees, in the following cases:

LE MARQUIER assumes no responsibility or warranty in case of malfunction of the Internet, including delays in transmissions or any other malfunction. LE MARQUIER cannot guarantee the absence of interception of messages transmitted electronically.

LE MARQUIER shall not be liable for any temporary or permanent damages caused to the Customer's computer system or for any potential losses or damages suffered.

11. FORCE MAJEURE

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

12. NON-WAIVER

The fact that LE MARQUIER refrains from requiring the execution of any provision of these General Terms and Conditions of Sale at a given time cannot be interpreted as a waiver of invoking said total or partial non-execution at a later date.

13. INTELLECTUAL PROPERTY - USE OF TRADEMARK AND IMAGES

LE MARQUIER retains all intellectual property rights and know-how integrated into all products it manufactures and markets.

The use for advertising purposes, in any form whatsoever, of the LE MARQUIER logo and the image of LE MARQUIER brand products can only occur after prior written agreement from LE MARQUIER. All communications must be addressed to LE MARQUIER by mail or at the address 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 null and void in whole or in part, the other clauses as well as the other rights and obligations arising from these General Terms and Conditions of Sale shall remain unchanged and enforceable if their application is not rendered impossible.

These General Terms and Conditions of Sale are subject to French law.

The consumer may bring an action either before the territorially competent courts under the French Code of Civil Procedure or before the court of the place where he resided at the time of conclusion of the contract or the occurrence of the harmful event.

14. POTENTIAL DISPUTES / MEDIATION

For any difficulty, we invite you to contact our after-sales service at sav@lemarquier.com

In accordance with Articles L612-1 to L612-5 of the Consumer Code, any consumer has the right to use, free of charge, a consumer mediator for amicable resolution of the dispute with a professional. To this end, LE MARQUIER guarantees the consumer access to the consumer mediation system as follows:

Last updated: October 6, 2022

Cross-border disputes: European Consumer Centre: https://www.europe-consommateurs.eu/fr/accueil/.

You may, at your own expense, be assisted by counsel.

15. APPLICABLE LAW IN CASE OF DISPUTE

These general conditions are subject to FRENCH LAW.

A translation of these terms into languages other than French is provided for commercial purposes; only the French version shall prevail.

IN CASE OF DISPUTE OR CLAIM, THE CUSTOMER SHALL FIRST CONTACT THE SELLER TO SEEK AN AMICABLE SOLUTION.

IN THE ABSENCE OF AN AMICABLE SOLUTION, ANY DISPUTE OR LITIGATION ARISING OUT OF THIS CONTRACT SHALL FALL WITHIN THE JURISDICTION OF THE COURT OF THE DEFENDANT'S DOMICILE.

N.B .: A LARGER PRINTOUT OF THIS CONTRACTUAL DOCUMENT CAN BE PROVIDED UPON SIMPLE REQUEST