General Terms and Conditions of Sale
These general conditions of sale apply to all sales concluded on the MARGAUX TARDITS website.
The website https://margauxtardits.com is a service of:
● The individual company MARGAUX TARDITS
● Located 95 Boulevard Magenta, 75010 PARIS, FRANCE
● Website URL: https://margauxtardits.com
● E-mail: firstname.lastname@example.org
● Telephone: +33 (0) 603068054
The MARGAUX TARDITS website sells the following products: accessories.
The Customer declares that it has noted and accepted the general terms and conditions of sale prior to placing an order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.
Clause 1 – General principles
These general terms and conditions express the obligations of the parties in their entirety. In this sense, the buyer is deemed to accept them unreservedly. These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applying to sales in shops or through other distribution and marketing channels. They are available on the MARGAUX TARDITS website and shall prevail, where applicable, over any other version or any other contradictory document. The Vendor and the Buyer agree that these general terms and conditions exclusively govern their relationship. The Vendor reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are published online. If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for companies based in France. These general terms and conditions of sale are valid until they are modified.
Clause 2 – Contents
The purpose of these general conditions is to define the rights and obligations of the parties in the context of online sale of goods offered by the Vendor to the Buyer from the MARGAUX TARDITS website. These conditions only concern purchases made on the MARGAUX TARDITS website and delivered exclusively to Europe. For any delivery to French overseas departments and territories or abroad, please send a message to the following e-mail address: email@example.com. These purchases concern the following products: accessories.
Clause 3 – Pre-contractual information
The Buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and all the information listed in article L. 221-5 of the French Consumer Code. The following information shall be transmitted to the Buyer in a clear and comprehensible manner:
● The main characteristics of the product;
● The price of the goods,
● and, if applicable, any additional carriage, delivery or postage costs and any other charges that may be due.
● In the absence of immediate contract execution, the date on or period within which the Vendor undertakes to deliver the goods, irrespective of their price;
● Information relating to the Vendor’s identity, postal address, telephone number(s) and e-mail address, its business, information relating to legal guarantees, to digital content functionality and, as applicable, to its interoperability, information on the existence of guarantees and other contractual conditions and the terms on which they are implemented.
Clause 4 – The order
The Buyer can place an order online, from the online catalogue and using the form provided, for any product, subject to availability. The Buyer will be informed if any product or good ordered is unavailable, as well as the production time. In order for the order to be validated, the Buyer must accept these general conditions by clicking in the indicated place. He/she must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered completed:
● After the Vendor has sent the Buyer confirmation of acceptance of the order by e-mail,
● and after receipt by the Vendor of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any complaint on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below. In certain cases, for example non-payment, incorrect address or another problem on the Buyer's account, the Vendor reserves the right to block the Buyer's order until the problem is resolved. For any question relating to the follow-up of an order, the Buyer must call the following telephone number: 0603068054 (cost of a local call), on the following days and times: Monday to Saturday from 9:30 am to 7:00 pm, or send an e-mail to the Vendor at the following e-mail address: firstname.lastname@example.org.
Clause 5 – Electronic signature
Online provision of the Buyer's bank or credit card number and final validation of the order shall constitute proof of the Buyer's agreement to:
● Payability of the amounts due according to the purchase order,
● Signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank or credit card, the Buyer will be invited, as soon as this use is noticed, to contact the Vendor on the following telephone number: 0603068054.
Clause 6 – Order confirmation
The Vendor shall provide the Buyer with a copy of the contract, by electronic mail.
Clause 7 – Proof of transaction
The electronic registers kept in the Vendor's computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
Clause 8 – Product information
The products governed by these general conditions are those which appear on the Vendor's website and which are indicated as sold and dispatched by the Vendor. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the Vendor cannot be held responsible. The photographs of the products are not contractually binding.
Clause 9 – Price
The Vendor has the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are shown in euros. They do not take into account delivery costs, which are invoiced additionally and shown before the order is validated. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be passed on to the sale price of the products.
Clause 10 – Mode of payment
This is an order with a payment obligation, which means that placing the order implies payment by the Buyer. In order to pay for the order, the Buyer has the choice of all the payment methods made available by the Vendor and listed on the Vendor's website. The Buyer guarantees the Vendor that he/she has the necessary authorisations to use the payment method chosen by him/her when validating the order form. The Vendor reserves the right to cancel any order and any delivery in the event of refusal to authorise payment by bank or credit card by the officially accredited organisations or in the event of non-payment. The Vendor reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. The price shall be paid in full on the day of the order, according to the following terms: by bank or credit card or PayPal. The price shall be paid in full, according to the following terms: by payment card or PayPal.
Clause 11 – Product availability - Refunds - Resolution
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the site home page, within the limits of available stocks, the delivery times will be those indicated on the product sheet. The delivery times run from the date of registration of the order shown on the order confirmation e-mail. For deliveries to Mainland France and Corsica, the deadline is seven days from the day the Vendor notifies the Buyer of availability of the product. At the latest, the deadline will be 30 working days after confirmation of product availability. For deliveries to French overseas departments and territories or to another country, the delivery terms will be specified to the Buyer on a case-by-case basis. In the event of failure to comply with the agreed delivery date or deadline, the Buyer shall, before terminating the contract, require the Vendor to perform within a reasonable additional period. If the Vendor fails to do so within this new period, the Buyer may freely terminate the contract. The Buyer must complete these successive formalities by recorded delivery letter or in writing on another durable medium. The contract shall be deemed to have been terminated on receipt by the Vendor of the letter or writing informing him of such termination, unless the trader has performed in the meantime. The Buyer may, however, terminate the contract immediately if the above dates or time limits are an essential condition of the contract for him. In this case, when the contract is terminated, the Vendor shall be obliged to reimburse the Buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated. In the event of unavailability of the product ordered, the Buyer will be informed as soon as possible and will have the option of cancelling the order. The Buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or exchange of the product.
Clause 12 – Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered shall be delivered according to the terms and conditions and within the period specified above. The products shall be delivered to the address given by the Buyer on the order form, the Buyer must ensure that it is correct. Any parcel returned to the Vendor because of an incorrect or incomplete delivery address will be reshipped at the Buyer's expense. The Buyer can, on request, get the invoice to be sent to the billing address and not to the delivery address, by checking the option provided for this purpose on the order form. If the Buyer is absent on the day of delivery, the delivery person will leave a note in the letterbox, which will allow the Buyer to collect the parcel at the place and during the time indicated. If, at the time of delivery, the original packaging is damaged, torn or open, the Buyer must check the condition of the items. If they have been damaged, the Buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged). The Buyer must indicate any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products, etc.) on the delivery note and in the form of handwritten reservations accompanied by his signature. This verification will be deemed to have been carried out as soon as the Buyer, or a person authorised by him/her, has signed the delivery note. The Buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or standard mail to the Vendor at the address shown in the site's legal notices. If the products need to be returned to the Vendor, they must be the subject of a return request to the Vendor within 14 days of delivery. Any claim made outside this period will not be accepted. Return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Clause 13 – Shipping errors
On the day of delivery or at the latest on the first working day following delivery, the Buyer must submit to the Vendor any claim for a shipping error and/or non-conformity of the products in kind or in quality compared to what is shown on the order form. Any claim made after this deadline will be rejected. The Buyer may choose to submit the claim either by:
● Telephone number 0603068054;
● E-mail, address: email@example.com.
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Vendor from any liability towards the Buyer.
Upon receipt of the claim, the Vendor will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the Buyer. A product can only be exchanged after the exchange number has been allocated. In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the Vendor in its entirety and in its original packaging, by registered post, to the following address: 95 Boulevard Magenta, 75010 PARIS. The Vendor shall bear the return costs.
Clause 14 – Product warranty
Legal guarantee of conformity and legal guarantee for hidden defects: MARGAUX TARDITS guarantees that the goods comply with the contract, enabling the Buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code, or the guarantee of defects in the item sold as defined in articles 1641 et seq. of the French Civil Code. In case of implementation of the legal guarantee of conformity, it is recalled that:
● The Buyer has a period of two years from delivery of the goods to act;
● The Buyer may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-17 of the Consumer Code;
● The Buyer does not have to prove non-conformity of the goods during the 24 months following delivery of the goods in the case of new goods.
In addition, it is recalled that:
● The legal guarantee of conformity applies independently of the commercial warranty indicated below;
● The Buyer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the French Civil Code. In this case, the Buyer can choose between termination of the sale or a reduction in the price in accordance with Article 1644 of the French Civil Code.
The products sold are also covered by a commercial warranty aimed at guaranteeing their conformity and ensuring reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
Clause 15 – Right to cancel
Application of the right to cancel
In accordance with the provisions of the French Consumer Code, the Buyer has a period of 14 days from the date of delivery of the order to return any item that does not suit and to request an exchange or refund without penalty, with the exception of the return costs, which remain the Buyer’s responsibility. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), accompanied by the purchase invoice, so that they can be remarketed in new condition. Damaged, soiled or incomplete products cannot be returned. The right to cancel can be exercised online, using the cancellation form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the Buyer. Any other method of declaring the desire to cancel the order shall be accepted. It must be unambiguous and express the desire to cancel. If the right to cancel is exercised within the above-mentioned period, the price of the product(s) purchased and the delivery costs shall be reimbursed. The Buyer is responsible for the return shipping costs. The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days of receipt by the Vendor of the products returned by the Buyer under the conditions set out above.
According to Article L221-28 of the Consumer Code, the right to cancel cannot be exercised for contracts:
● To supply goods whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the cancellation period;
● To supply goods made to the consumer's specifications or clearly personalised.
Clause 16 – Force majeure
Any circumstances beyond the control of the parties which prevent performance of their obligations under normal conditions shall be considered as grounds for exemption from the parties’ obligations and shall result in their suspension. The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance. All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered to be force majeure. The following, in addition to those usually reserved by the jurisprudence of the French courts and tribunals are expressly considered to be cases of force majeure or fortuitous events: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties shall meet to examine the impact of the event and agree on the conditions under which performance of the contract shall continue. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Clause 17 – Intellectual property
The website content remains the property of the Vendor, the sole owner of the intellectual property rights to this content. Buyers undertake not to make any use of this content; any full or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
Clause 18 – Information technology and civil liberties
The personal data provided by the Buyer is necessary for processing the Buyer’s order and for producing invoices. They may be communicated to the Vendor's partners responsible for order execution, processing, management and payment. Processing of information communicated through the MARGAUX TARDITS website has been declared to the French National Commission for Data Protection and Liberties (CNIL). The Buyer has a permanent right of access, modification, rectification and objection with regard to the information concerning the Buyer. This right may be exercised under the conditions and according to the procedures defined on the MARGAUX TARDITS website.
Clause 19 – Partial invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared to be such in application of a law, a regulation or following a final decision by a competent court, the other provisions shall retain all their force and scope.
Clause 20 – Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted for the future as a renunciation of the obligation in question.
Clause 21 – Headings
In the event of difficulty interpreting any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
Clause 22 – Contractual language
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed valid in the event of a dispute.
Clause 23 – Mediation
The Buyer may make recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Clause 24 – Applicable law
These general conditions are subject to application of French law. The competent court is the tribunal d'instance for disputes of a value less than or equal to €10,000 or the tribunal de grande instance for disputes of a value greater than €10,000. This applies to both substantive and formal rules. In the event of a dispute or claim, the Buyer shall first contact the Vendor to obtain an amicable solution.
Clause 25 – Protection of personal data
The personal data that are collected on this site are the following:
● Account opening: when the user's account is created, the user's last name, first name, e-mail address, telephone number and postal address;
● Connection: when the user connects to the website, it records, among other things, the user's last name, first name, connection data, usage data, location data and payment data;
● Profile: use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;
● Payment: when paying for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
● Communication: where the website is used to communicate with other members, data relating to the user's communications is stored temporarily;
● Cookies: cookies are used in the context of use of the site. It is possible for the user to deactivate cookies from the browser settings.
Use of personal data
The personal data collected from users are used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:
● Access to and use of the website by the user;
● Management of operation and optimisation of the website;
● Organisation of the conditions of use of the Payment Services;
● Verification, identification and authentication of data transmitted by the user;
● Offer the user the possibility to communicate with other website users;
● Implementation of user support;
● Customising services by displaying advertisements based on the user's browsing history, according to their preferences;
● Fraud prevention and detection, malicious software and security incident management;
● Management of possible disputes with users;
● Sending commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
● When the user uses the payment services, in order to implement these services, the website has a relationship with third-party banking and financial companies with which it has concluded contracts;
● When the user publishes publicly accessible information in the free comment areas of the website;
● When the user allows a third party's website to access his/her data;
● When the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
● If required by law, the website may transmit data to pursue claims against the website and to comply with administrative and legal proceedings;
● If the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and privacy
The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee that information will be securely transmitted over the Internet, or stored.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: firstname.lastname@example.org
● The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy;
● The right of rectification: if the personal data held by the website are inaccurate, users can request that the information be updated;
● The right of data erasure: users may request erasure of their personal data in accordance with applicable data protection laws;
● The right to restrict processing: users can request that the website restrict processing of personal data in accordance with the assumptions set out in the GDPR;
● The right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the GDPR.
● The right to portability: users can request that the website return their personal data to them for transmission to a new website.
Evolution of this clause
The website reserves the right to make any changes to this data protection clause at any time. If a change is made to this data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new personal data protection clause wording, the user has the option of deleting the account.
(To be completed by the client, and sent by recorded delivery letter, within a maximum period of 14 days following the date of conclusion of the service contract)
For the attention of:
95 Boulevard Magenta, 75010 PARIS telephone number: 0603068054
E-mail address: email@example.com
I hereby notify you that I cancel the contract for provision of the service,
ordered on: ………
Customer's name and surname: ……………..
Customer address: ……………..
Article L. 217-4:
"The vendor shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”
Article L. 217-5:
"The goods are in conformity with the contract:
1° If they are fit for the purpose ordinarily expected of similar goods and, if so:
● If they correspond to the description given by the vendor and have the qualities that the vendor presented to the buyer in the form of a sample or model;
● They have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the vendor, the producer or his representative, particularly in advertising or labelling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the attention of the vendor and accepted by the latter.”
Article L. 217-6:
"The vendor is not bound by the public statements by the producer or its representative if it is established that the vendor did not know them and was not legitimately in a position to know them.”
Article L. 217-7:
“Lack of conformity which appears within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The vendor may rebut this presumption if it is incompatible with the nature of the goods or the lack of conformity claimed.”
Article L. 217-8:
“The buyer is entitled to demand that the goods conform to the contract. The buyer may not, however, contest conformity by invoking a defect of which the buyer was aware or of which the buyer could not have been unaware when entering into a contract. The same shall apply where the defect originates in materials supplied by the buyer.”
Article L. 217-9:
“In the event of lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the vendor may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. The vendor shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.”
Article L. 217-10:
"If 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 upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be found without major inconvenience to the buyer, given the nature of the goods and the use he is seeking. However, the sale may not be cancelled if the lack of conformity is minor.”
Article L. 217-11:
Application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the allocation of damages.
Article L. 217-12:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
Article L. 217-13:
"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it ensues from articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature which is recognised by the law.”
Article L. 217-14:
"The recourse action may be brought by the final vendor against successive vendors or intermediaries and the producer of the tangible property according to the principles of the Civil Code.”
Article L. 217-15:
"The commercial guarantee shall mean any contractual commitment by a trader to the consumer to reimburse the purchase price, replace or repair the goods or provide any other service in relation to the goods, in addition to its legal obligations to ensure conformity of the goods. The commercial guarantee shall be the subject of a written contract, a copy of which shall be given to the buyer. The contract shall specify the content of the guarantee, the manner of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor. In addition, it shall clearly and precisely mention that, independently of the commercial guarantee, the vendor remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract. In the event of non-compliance with these provisions, the guarantee shall remain valid. The buyer is entitled to avail himself of this. ”
Article L. 217-16:
“When the buyer asks the vendor, during the course of the commercial guarantee granted to the buyer at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is later than the request for intervention.”
“The vendor is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it or would only have paid a lower price for it, if the buyer had known about them.”
“The action resulting from redhibitory defects must be brought by the purchaser within two years from discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the vendor may be discharged from the defects or apparent "lack of conformity".”