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Article 1 - IDENTITY OF THE SELLER
HOME OF MARY
Ambiance deco
12 rue de la Bonneterie
84000 Avignon
FRANCE
Tel: 33 (0)9 87 17 40 91
IRL with a capital of 15 000 Euros - Siret 500 786 165 00026 Identification CEE -FR03 500 786 165
Article 2 - PREAMBLE
The purpose of these General Terms and Conditions of Sale (hereinafter "the GTC") is to define the terms and conditions for the sale of decorative products (hereinafter "the Products") from its Internet sitewww.https://homedemarie.com/en/hereinafter "the Website").
An order can only be made by a customer residing in metropolitan France (including Corsica) or in the following countries Monaco, Belgium, Spain, Greece or Portugal (hereafter "the Customer").
Any order placed by the Client implies by right, without restriction or reservation, his irrevocable acceptance of the CGV. Thus, only the provisions of the present CGV are valid between HOME DE MARIE and the Client, to the exclusion of all others.
HOME DE MARIE reserves the right to modify the CGV at any time, without prior notice. The new version of the CGV is applicable to the orders placed from the moment they are put online on the website. HOME DE MARIE recommends that the Clients regularly consult the latest version of the applicable CGV.
Article 3 - PRODUCTS
3.1 FEATURES
The essential characteristics of the Products marketed by HOME DE MARIE are described on the Websitewww.https://homedemarie.com/en/
The proposed Products are in conformity with the French legislation in force and the standards applicable in France. There are no spare parts for our products.
3.2 AVAILABILITY
The Products are available for purchase within the limits of available stocks. When a Customer places an order on the Website, he/she is informed of the availability of the Products he/she wishes to order.
Nevertheless, in the event that a product ordered by the Client is subsequently unavailable, HOME DE MARIE will inform the Client by email within a short time. Therefore :
- If all the Products in the order are unavailable, the order will be automatically cancelled and the Customer's bank account will be credited within
- If only some of the Products ordered are unavailable, the customer may choose to replace the missing Product, to maintain the order or to cancel all or part of the order.
Article 4 - LEGAL AND COMMERCIAL GUARANTEES
4.1 LEGAL GUARANTEES
All products supplied by HOME DE MARIE benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-13 of the Consumer Code and the guarantee relating to defects in the thing sold under the conditions provided for in Articles 1641 to 1648 of the Civil Code and 2232 of the Civil Code. These articles are reproduced below:
Article L211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery
He is also responsible for any lack of conformity resulting from the packaging, which is done under his responsibility.
Article L211-5 of the Consumer Code
To conform to the contract, the property must:
(1) Be fit for the purpose ordinarily expected of similar property and, where applicable
- correspond to the description given by the seller.
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, particularly in advertising or labelling ;
Article 1641 of the Civil Code
The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them.
Article 1648 of the Civil Code paragraph 1
The action resulting from redhibitory defects must be brought by the purchaser within 8 days of the discovery of the defect.
4.2 COMMERCIAL GUARANTEE
The commercial warranty is any contractual commitment to the consumer for the reimbursement of the purchase price, replacement or repair of the good, in addition to its legal obligations to guarantee the conformity of the good
No commercial guarantee is granted by HOME DE MARIE
4.3REMINDER OF CUSTOMER RIGHTS
It is thus recalled that when he acts in legal guarantee of conformity, the Customer
- has a period of 1 month from the delivery of the property to act ;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code ;
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted
The Customer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Article 5 - PRICE AND PAYMENT TERMS
5.1 PRIZE
The price of the Products is invoiced to the Customer on the basis of the price list in force at the time of the order
HOME DE MARIE reserves the right to modify its prices at any time, without notice. The new rates are applicable to orders placed from the time they are posted on the websitewww.https://homedemarie.com/en/
The price of the Products offered for sale on the Website is indicated in Euros, including VAT.
Prices do not include delivery charges. Delivery costs are fixed. The amount of the delivery costs is indicated to the Customer before the validation of his order.
5.2 PAYMENT METHODS
The payment of the order (price and delivery charges) is made :
- By credit card CB - VISA and MASTERCARD and AMERICAN EXPRESS.
- By bank transfer.
- By PayPal
The Customer's bank account is debited at the time of the validated order.
5.3 PAYMENT SECURITY
The Websitewww.https://homedemarie.com/en/comporteAn SSL security system.
The Websitewww.https://homedemarie.com/en/Uses the PAYBOX SERVICES secure payment system and is coordinated with the Crédit Mutuel banking organization
As part of its policy of verification of orders and the quality of payments, HOME DE MARIE may ask the Client a copy of an identity document and proof of address. The order will then be validated after receipt and verification of documents provided by the Client
The Customer guarantees that he/she has the necessary authorizations to use the payment method chosen by him/her during the validation of his/her order.
5.4 BILLING
A detailed invoice, printable from the Customer's account, is available upon delivery of the ordered Products.
5.5 DISPUTE OR REFUSAL OF PAYMENT
In case of refusal of payment to HOME DE MARIE by a banking institution, HOME DE MARIE reserves the right to (i) suspend the management and delivery of the disputed order or (ii) refuse or cancel the order of the Client with whom there is already a dispute in progress regarding the payment of an order.
Article 6 - ORDERING
The orders are exclusively made on the Websitewww.https://homedemarie.com/en/By following the instructions on it.
As a reminder, the Customer declares that he/she has read and accepted the Terms and Conditions of Sale before formalising his/her order.
The data recorded by HOME DE MARIE and its information systems constitute the proof of all the transactions made by HOME DE MARIE and the Client.
Upon validation of the order, HOME DE MARIE sends the Client an email confirmation summarizing the entire order.
Article 7 - DELIVERY
7.1 DELIVERY TERMS
Packages are only delivered in metropolitan France (including Corsica) and in the following countries: Monaco, Belgium, Spain, Greece and Portugal.
Deliveries are made via the services of the Post Office, according to the Colissimo system, or by any other service chosen by HOME DE MARIE.
The Products are delivered to the address indicated by the Customer during each order. If the Customer wishes to be delivered to different addresses, he must place separate orders.
HOME DE MARIE sends to each Client an email notification of the shipment of his order
7.2 DELIVERY TIMES
HOME DE MARIE undertakes to deliver the products in accordance with the average delivery time noted on the site for each product. In the absence of time indicated, the delivery time of the product will not exceed sixty days (60 days) after the confirmation of the order.
An e-mail will inform the Customer of any possible delay in delivery
7.3 DELIVERY TRACKING
Each Client can follow the status of their order by HOME DE MARIE on the website, in the section "My Account".
The Customer can click on the parcel number that will be communicated to him in the e-mail notification of his order, and which also appears in the "Order Tracking" section of the website.
The Post Office offers a tracking service for the delivery of orders accessible from the site "www.Coliposte.net"by entering the number of the package. This service is independent of HOME DE MARIE.
7.4 DELAY IN DELIVERY
In the event that the average delivery time is exceeded, the Client may resolve the contract by registered letter with a request for acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined HOME DE MARIE to carry out the delivery within a reasonable additional period of time, the latter has not been executed within this period of time. The contract is considered to be resolved upon receipt by HOME DE MARIE of the letter or writing informing it of this resolution, unless the professional has been executed in the meantime. The Client will then be reimbursed under the conditions indicated in the paragraph "Reimbursement of Products" of the Article "RIGHT OF RETRACTATION".
If the average delivery time indicated to the Customer is exceeded and if it appears that this time was an essential condition of the contract for the Customer, the Customer may immediately cancel the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Customer before the conclusion of the contract. In this case, the contract will be considered terminated upon receipt by HOME DE MARIE of the letter or writing informing it of this termination. In the case of a resolution due to a delay in the delivery of the product(s), HOME DE MARIE commits to reimbursing the Client for the totality of the sums paid, at the latest within fourteen (14) days following the date on which the Client denounced the contract.
7.5 LACK OF RECEIPT OF PACKAGES
If at the time of delivery to the address indicated by the Customer, the latter is not present or refuses the parcel, the parcel will be deposited at the post office closest to his residence, where the Customer will be able to withdraw it during a period of fifteen (15) days, on presentation of the notice of passage deposited by the Post Office in his mailbox.
At the end of this period of fifteen (15) days, the Post Office returns to HOME DE MARIE any unclaimed package.
If a package is returned to HOME DE MARIE for a reason attributable to the Client, such as an "unclaimed" package or "does not live at the address indicated", HOME DE MARIE will inform the Client by email.
In this case, with the agreement of the Customer, the parcel will be reshipped, the reshipment costs being borne by the Customer. An e-mail will indicate to the Customer the procedure to follow for the payment of these shipping costs.
In all other cases, the package will be kept by HOME DE MARIE for sixty (60) days. At the end of this period, HOME DE MARIE will be able to dispose of the products thus returned, without notice or formal notice does not give the Client any right to reimbursement, replacement or compensation. The Client will not be reimbursed for the price of the order or the delivery costs
7.6 PRODUCT DAMAGED ON DELIVERY
In the event that the Products are delivered damaged, the Customer must imperatively notify the Post Office of this fact by registered letter with acknowledgement of receipt within seventy-two (72) hours (working hours) following delivery of the package.
This complaint must be motivated and describe in particular the state in which the Products and their packaging were delivered to the Customer
It is recommended to proceed to the examination of the parcel in the presence of the deliveryman and to note the possible reserves on the delivery order, of which the Customer will have to preserve a copy.
Within the same period of seventy-two (72) hours, the Customer must send a duplicate of his complaint by e-mail or by registered letter with acknowledgement of receipt,
HOME DE MARIE will then contact the Client by email to arrange the return of the Products at the expense of HOME DE MARIE. In addition, the Client will have the following choice:
- maintain his order and obtain a new delivery (except unavailability of the Product), this making run a new delivery period, or,
- cancel the order, HOME DE MARIE proceeding to the reimbursement of the price paid under the conditions and terms defined in the paragraph "Refund of Products" of the Article "RIGHT OF RETRACTATION".
Article 8 - RIGHT OF WITHDRAWAL
The Customer has, as from the reception of the products, a time of retractation of 1 day to exert his right of retractation, without having to justify himself, nor to pay a penalty, at the address below:
HOME OF MARY
12 rue de la Bonneterie
84000 Avignon- FRANCE
8.1 EXERCISE OF THE RIGHT OF WITHDRAWAL
The Customer must inform within 24 hours of his decision of withdrawal by sending him :
- by any written means (mail, e-mail) expressing its desire to withdraw
In the event of an order for several products delivered separately, the Customer has a withdrawal period of 24 hours from receipt of the last product.
The return costs are at the charge of the Customer. These costs are estimated at a maximum of approximately 30 EUROS.
HOME DE MARIE is committed to doing everything possible to respond to the Client as soon as possible.
When the Customer exercises his right of withdrawal, the Customer undertakes to return the Products at the latest, within 2 days following the communication of his decision to withdraw. Otherwise, the right of withdrawal is not effective and the sale is final.
The Products must be returned intact, clean and complete (i.e. in perfect condition for resale, unmodified, in their original packaging), accompanied by any instructions and accessories.
The Customer must return the Products by clearly indicating on the package the invoice number or the return number that has been assigned to him. The Customer must also include a copy of the invoice in the package.
It is up to the Customer who exercises his right of withdrawal to keep the proof of the reshipment of the goods by his care (presentation of a receipt of sending by registered mail, presentation of a document provided by the carrier, etc.).
Prior to the reimbursement, HOME DE MARIE reserves the right to proceed with the necessary verifications in case of discrepancy between the returned Products and the attached invoice or the return number.
8.2 PRODUCT REIMBURSEMENT
The Client will be reimbursed an amount equal to the price of the returned Products plus the shipping costs that he paid for the order denounced, with the exception of additional shipping costs if the Client has expressly chosen a method of delivery more expensive than the standard delivery method offered by HOME DE MARIE.The cost of returning the Products, whose maximum amount is indicated above, will be charged to the Client.
This refund will be credited to the bank account from which the payment received by HOME DE MARIE was issued.
The reimbursement will take place no later than fourteen (14) days from the date on which HOME DE MARIE was informed of the decision of the Client to withdraw, subject to the receipt of the products in good condition or the provision by the Client of proof of the actual shipment of the products. HOME DE MARIE makes the refund using the same means of payment that was used by the Client at the time of validation of the order, except for the express agreement of the Client to the reimbursement of the amount by another means of payment and insofar as the refund does not cause costs for the Client.
Article 9 - CUSTOMER SERVICE AND CLAIMS
The Customer Service Department of the Website is available to the Customers for any information, from Monday to Friday:
- By e-mail
- By mail to the following address
HOME OF MARY
12 rue de la Bonneterie
84000 Avignon- FRANCE
HOME DE MARIE is committed to doing everything possible to respond to the Client as soon as possible.
Article 10 - LIABILITY
The responsibility of HOME DE MARIE will not be engaged and HOME DE MARIE will not be held responsible for damages of any kind, whether material or immaterial, indirect or corporal that may result
- misuse of the Products by the Customer, in contradiction with the usual uses, the usual rules of caution and the information provided,
- a mismatch between the photographs and texts reproduced illustrating the Products and their characteristics, communicated for illustrative purposes and not contractual.
The responsibility of HOME DE MARIE cannot be engaged in the event of the occurrence of an event of force majeure, that is to say, an irresistible and unforeseeable event.
Article 11 - MISCELLANEOUS
11.1 NULLITY OR ILLEGALITY OF A CLAUSE
In the event that any provision of these GTC is found to be invalid or illegal, the validity and legality of the remaining provisions shall not be affected
11.2PERSONAL DATA
Information on the processing of personal data is available on the websitewww.https://homedemarie.com/en/In the "Personal Data" section. This section can be consulted directly by clicking on the site
11.3 SETTLEMENT OF DISPUTES AND APPLICABLE LAW
The present GTC are subject to French law.
Nevertheless, in the event of a dispute, the Customer will have the possibility of seeking, as a priority to any legal action, an amicable solution to settle the disputes
In the absence of a prior amicable settlement between HOME DE MARIE and the Client, all disputes arising from the relationship between the Client and HOME DE MARIE will be submitted to the courts of Avignon .