The site www.marionwaterkeyn.com is edited and distributed by the company WIX (www.wix.com)
The head office is located 51 avenue Franklin Roosevelt, 75008 Paris, France
The Siret number is 535 351 797 00010, registered in the Trade and Crafts Register under the number M75011259247.
The publication manager is Marion Waterkeyn, who manages the editorial line of the site.
The photos of the site were taken by Ronald Martinez.
All content on the site www.marionwaterkeyn.com is the exclusive property of Marion Waterkeyn, unless otherwise stated.
For this purpose, no copy or reproduction or representation may take place without the prior written authorization of Marion Waterkeyn.
TERMS OF SALES
These General Conditions of Sale are those of the merchant site www.marionwaterkeyn.com, whose head office is located 51 avenue Franklin Roosevelt, 75008 Paris, France, whose Siret number is 535 351 797 00010, registered in the Trade and of crafts under the number M75011259247
I - Fields of application and acceptance of the general conditions of sale
The general conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Marion Waterkeyn Site (the "Products") by any person (the "Customer"). are exclusively intended for sale to final consumers, natural or legal persons, to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the client acts as an end consumer and declares that he does not intend to to resell the products for commercial purposes. Marion Waterkeyn reserves the right to adapt or modify these GTCs at any time. The version of the GTCS applicable to any sale being that shown online on the site www.marionwaterkeyn.com at At the time of the Order, therefore, placing an Order requires full prior and unreserved acceptance of these GTC by the Customer by clicking on the button "I have read and I accept the general conditions of sale ”.
II - Information on the site and accessibility
www.marionwaterkeyn.com is an e-commerce site managed by WIX. The Site is open to all users of the Internet in principle accessible 24 hours a day, 7 days a week, unless there is an interruption, scheduled or not, by Marion Waterkeyn or her service providers, for the purposes of its maintenance and / or security or force majeure (as defined below). Marion Waterkeyn cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site. Marion Waterkeyn reserves the right to modify the Site, for technical or commercial reasons. When these modifications do not alter the conditions for the provision of the services, in a substantial and negative way, the Customer can be informed of the modifications which have occurred, but his acceptance is not requested.
III - Registration on the site
Marion Waterkeyn does not need to create an account to place an order. For any order, you must select the pattern, depending on the creation, and the size, for that click on "Add to basket" and your selection will appear in your basket at the top right. Once you have made your shopping selection, preselect the trolley at the top right. Here you are, in the basket and you will enter your email and the desired delivery address for this purpose. After validation of our General conditions of sale, you will have to make the payment by credit card. Upon finalization, you will receive an email confirming that the order has been taken into account. When confirming his order, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is obliged to always update his personal information. In the event of an error in the wording of the recipient's contact details, Marion Waterkeyn cannot be held responsible for the impossibility of delivering Products. By registering on the Site, the Customer declares and guarantees to Marion Waterkeyn that he is of legal age and has the legal capacity to contract. Marion Waterkeyn may delete the Client Account at any time, for any reason, in its sole discretion.
IV - Products
The products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of the company Marion Waterkeyn. As such, Marion Waterkeyn cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks. Marion Waterkeyn takes great care in the presentation and description of these products to best satisfy the information of the Customer. It is specified that Marion Waterkeyn only accepts the return of intact and unworn Products, these two conditions being checked before returning the returned Products to stock. The Products being unique pieces, it is necessary for the Customer to hang his measurements with accuracy. The Customer can contact us using the contact details provided for assistance. Returns are made within 15 days of delivery, the order must be in perfect condition in its original condition, and in its original unused packaging. We will issue a credit or refund, for this purpose we will credit your bank account initially used to pay for the order.
All returns will be made to the following address: MARION WATERKEYN - 51 avenue Franklin Roosevelt, 75008 Paris, France.
V - Orders
Taking orders on the Site is subject to compliance with the procedure set up on the site comprising successive steps leading to the validation of the Order. The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and related costs. The Customer may freely modify the Basket before confirming his Order. The validation of the Order constitutes confirmation of the customer's acceptance of the GTCS, the Products purchased, their price and the associated costs.
A confirmation email summarizing the Order (“products, price, product availability, quantity…”) will be sent to the Customer by Marion Waterkeyn. To this end, the Customer formally accepts the use of electronic mail to confirm the content of his Order.
VI - Refusal to process an order
Marion Waterkeyn reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on it. Despite the best efforts provided to better meet the expectations of its customers, it may be that the latter has to refuse to process an order after having sent the Customer the confirmation email summarizing the Order.
Marion Waterkeyn cannot be held liable to the Customer or a third party for the decision to remove a Product from the Site, or for the decision to replace or modify any content or information on this Site, or for the refusal to process a Order after sending the confirmation email summarizing the Order.
VII - Price and Payment terms
Customs fees and other taxes are not included in the price paid by the Customer. Regarding all international deliveries outside the EU, the Customer agrees to pay all taxes due on the importation of Products, customs duty, value added tax, and all other taxes due under the laws of the country of receipt of the command.
The prices of the Products are indicated on the Site in euros, we carry out deliveries everywhere in the world. All displayed prices are calculated value added tax (VAT) applicable in France included, which may be different depending on the billing country. The Site reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the order, subject to availability. The Products are payable in cash when the Order is placed. Payment for purchases is made via the secure platform, using the SSL (Secure Socket Layer) protocol.
Credit card details are encrypted using SSL (Secure Socket Layer) protocol. Payment is made directly to the savings bank. The Customer expressly acknowledges that the communication of his bank card number to the “Marion Waterkeyn” e-shop site constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, an Order cancellation notification for non-payment is sent to the Customer by Marion Waterkeyn on the email address provided by the Customer when registering on the Site.
VIII - Delivery
All our deliveries will be made by Colissimo, the delivery time is 3 to 8 working days depending on the delivery area. It will obviously vary depending on the activity of the freight forwarders. The ordered product is sent by post, in colissimo followed, to the delivery address indicated by the customer. The customer has 15 days to return his package, all returns are made at his expense.
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the "Delivery and returns" section.
Shipping costs vary depending on the delivery area and the weight of the package, in this way:
- France: between 5 € and 12 €
- Europe & Dom-Tom: between 10 € and 20 €
- Rest of the world: between 26 € and 39 €
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by Marion Waterkeyn. The Products ordered will be sent to the Delivery address indicated during the ordering process. In the event of an error in the wording of the contact details, Marion Waterkeyn cannot be held responsible for the impossibility of delivering the product (s) ordered. If the information is incorrect or if there is no withdrawal, the Customer can contact Marion Waterkeyn to organize a new shipment at their expense. In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street, building, stair number, access, names and / or intercom numbers, etc.). Marion Waterkeyn can not be held responsible for delay in delivery which is not of its fact or justified by a case of force majeure and the harmful consequences consecutive to a delay in delivery, only reimbursement of the Product by Marion Waterkeyn being possible at the exclusion of any other form of compensation.
IX - Refunds and Returns
All consumers have a right of withdrawal. The use of the right of withdrawal must be notified in advance by email to the following address: firstname.lastname@example.org. The right of withdrawal is exercised without penalty. In case of use of this right by the Customer, the Product must be returned to Marion Waterkeyn within 15 (fifteen) days (beginning on the day of receipt of the Products). Beyond this deadline, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return slip received with his Order. The reimbursement takes place subject to Marion Waterkeyn being able to recover the Products initially delivered. Unless the Client decides otherwise, Marion Waterkeyn makes the reimbursement using the same means of payment as that which was used for the transaction.
The return of the Products is the responsibility of the Customer if the place of delivery is in France and abroad is done at his risk. In the absence of compliance by the Customer with these GTC, Marion Waterkeyn will not be able to reimburse the Products concerned. In all cases, the return costs are the responsibility of Marion Waterkeyn if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X - Guarantees - Limitation of Liability
Liability for any Product purchased on the Site is strictly limited to the purchase price of the latter. Marion Waterkeyn will not be responsible for the following losses, regardless of their origin:
• Loss of income or sales
• Operating loss
• Loss of profits or contracts
• Loss of expected savings
• Data loss
• Loss of working or management time
• Image damage
• Loss of chance, and in particular to order a Product,
• Non-pecuniary damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, with the exception of the guarantees provided by law.
Marion Waterkeyn does not provide any guarantee concerning any damage which could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a logic bomb or any other form of programming routine designed to damage, destroy, or otherwise impair the functionality of a computer or to interfere with the proper functioning of a computer, including any transmission resulting from the downloading of any content made by the Client, software used by the latter to download the content, from the Site or from the server which allows access to it.
In this regard, the Customer acknowledges that it is their responsibility to install appropriate anti-virus and security software on their computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful. The Customer acknowledges assuming all the risks linked to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
Marion Waterkeyn is only required to deliver Products that comply with contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics set out on the Site; (ii) they must be adapted for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same kind and which can be reasonably expected. In addition, Marion Waterkeyn guarantees consumers of conformity defects and hidden defects for the Products sold on the Site under the following conditions:
V ice apparent
The presence of an apparent defect on a Product must give rise to a complaint by email email@example.com within three working days of Delivery. Any complaint must explain the defect concerned. Otherwise, no claim is admissible, and no return or exchange is possible. The Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the original Order and copy of the complaint to the head office of Marion Waterkeyn, after the sending of an email signaling the apparent defect of the Product referred to above. The cases of apparent defect confirmed by Marion Waterkeyn give rise, depending on the content of the Customer's complaint, to the establishment of a credit for the benefit of the Customer, or to the replacement of the Product, or to pure and simple reimbursement of the Price to the Customer in within 15 days. In case of non-compliance with the return procedure, no exchange or refund or credit is possible.
Non -compliance - Hidden defects
Subject to the validation of a non-conformity or a hidden defect by Marion Waterkeyn and the textile supplier, the Customer benefits from the following guarantees:
- Benefit from a period of two (2) years from the delivery of the Product to act in default of conformity of the Product,
- Is exempted from bringing proof of the existence of the lack of conformity of the goods during the six (6) months following the delivery of the Product,
- Can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code
The legal guarantee of conformity applies independently of the commercial guarantee described below. In addition, the Customer can also implement the legal guarantee for hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, the reimbursement of a Product which has proved unfit for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects in the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it. The Customer then has the choice between two options: keep the Product and request a reduction in the price, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code. In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the original Order and a copy of the complaint at headquarters. social of Marion Waterkeyn, after sending an email indicating the reason for the return of the Product.
For all practical purposes, the following legal provisions are reminded:
Art. L217-4 of the Consumer Code: "The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible 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. L217-5 of the Consumer Code: "The product conforms to the contract: 1 ° If it is suitable for the use usually expected of a similar product and, if applicable (a) if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; (b) if he has the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has 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. "
Art. L217-7 of the Consumer Code: “Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is fixed at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. "
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which he himself supplied. "
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the choice of the buyer if this choice involves a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. "
Art. L217-10 of the Consumer Code: "If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2 ° Or if this solution cannot be without major inconvenience for him given the nature of the good and the use he seeks. The cancellation of the sale cannot however be pronounced if the lack of conformity is minor. "
Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the allocation of damages. "
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
Art. L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law. "
Art. 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use that the buyer would not have it acquired, or would have given a lower price, if he had known them. "
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself. "
Art. 1643 of the Civil Code: “He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee. "
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and to be returned part of the price. "
Art. 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he will only be bound to the restitution of the price, and to reimburse the purchaser for the costs occasioned by the sale. "
Art. 1648 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. (…) ”
Major F orce
In the event of an event of force majeure preventing the execution of these GTC, Marion Waterkeyn informs the Customer thereof within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. In an express manner, are considered force majeure or fortuitous event, in addition to those usually retained by the case law of French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial actions or disputes commercial, civil unrest, insurrection, war, inclement weather, epidemic, blockage of transportation or supply for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal changes or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing normal performance of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Marion Waterkeyn or the Client without compensation on either side. Failure to pay by the Customer cannot be justified by force majeure.
XI - Partial Disability
If one or more stipulations of these CGV are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their force and their scope.
XII - Non-Waiver
No tolerance, inaction or inertia by Marion Waterkeyn can be interpreted as a waiver of her rights under the GTC.
XIII - Applicable law - Jurisdiction
The sale of Products is subject to French law. In the event of a dispute, the Client and Marion Waterkeyn may have recourse to conventional mediation. Marion Waterkeyn informs the Customer in this regard of the existence of alternative methods of dispute resolution such as in particular mediation or arbitration. The Customer can get in touch with the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. Any dispute relating to the interpretation of the GTC, the execution or the termination of a sale, the interpretation, the execution or the termination of the present contract is submitted, in the absence of an amicable agreement, to the legally competent courts. .