It is firstly specified that these General Sales Conditions govern the sales of pairs of pumps, slippers, shoes and accessories (hereinafter referred to as the “Products”), by the company Marquet&Compagnie SAS, on the trading site which notably have the addresses of one of the following URL: meschaussons.com, quartem.com, marquet.fr, quartem.net, quartem.fr, quartem.eu, marquet-pantoufles.com, marquet-pantoufles.net (hereinafter jointly referred to as the “Site”).
Legal information concerning the Site editor:
- Marquet&Compagnie SAS, with a capital of 2,015,000 euros, registered with Corporate and Trade Register of Périgueux under number B 611 980 244, registered office located Villars (24530) - France.
ARTICLE 1: ORDERS
1.1 General terms
Orders are placed directly through one of the aforementioned Internet sites.
The contractual information is presented in French and in English and shall be the object of confirmation re-specifying said contractual information at the time of delivery at the latest.
1.2 Product customisation services by photographic printing
The Customer has the possibility of ordering;
- Either a standard Product from the Marquet&Compagnie SAS catalogue of which a description appears on the Site,
- Or a customised Product, according to the terms specified hereinafter.
Product customisation enables a Customer to insert a personal decoration element on a standard Product using the functions available on the Site. Said Product customisation may notably consist in embroideries (texts or patterns) or reproductions of photographs previously transmitted by the Customer.
The only digitization or image compression format compatible with the customisation service by photographic reproduction is the “jpeg” format.
Marquet&Compagnie SAS only performs customisation of Products by photographic reproduction from photographs which have been taken within the scope of the family circle or friends.
Marquet&Compagnie SAS reserves the right to cancel or refuse any customisation order from a Customer who has transmitted to the Site a photograph with an object which is contrary to public order or good morals, notably due to its pornographic or violent nature.
Furthermore, Marquet&Compagnie SAS refuses all Product customisation orders on the basis of a photograph totally or partially reproducing a distinctive feature owned by a third party, notably a trade mark, logo, sign, trading or corporate name.
It is specified that only those photographs taken by the Customer or for which a reproduction right has been previously and expressly granted to said party may be the object of a reproduction on the Products.
ARTICLE 2: VALIDATION
The Customer declares having full knowledge and accepting these General Sales Conditions before placing his/her order. Order validation therefore entails acceptance of these General Sales Conditions.
Save for contrary evidence, the data recorded by Marquet&Compagnie SAS constitutes the proof of all transactions concluded between Marquet&Compagnie SAS and its Customers.
ARTICLE 3: PRICE
Products’ prices, with or without customisation service, are specified in euros including VAT, excluding processing and carriage costs.
Whatever their origin, all orders are payable in euros.
Marquet&Compagnie SAS reserves the right to modify its prices at any time, but the Products shall be invoiced on the basis of the tariffs in force at the time of order recording.
The Products remain the property of Marquet&Compagnie SAS until full collection of their price by Marquet&Compagnie SAS.
Marquet&Compagnie SAS reserves the right to cancel or refuse any Customer’s order with whom litigation exists pertaining to the payment of a previous order.
The Products and services sold on the Site are reserved to private individuals.
ARTICLE 4: AVAILABILITY
Product and service offers are valid for as long as they appear on our Site, within the limit of available stocks. Indications concerning Products’ availability are supplied to the Customer when ordering.
In the event of Products’ unavailability when ordering, Marquet&Compagnie SAS shall inform the Customer by e-mail or by letter. The order shall be automatically cancelled and the Customer immediately refunded if his/her bank account has been debited. In the event of payment by cheque and the unavailability of all or part of the order, the refund, at the discretion of Marquet&Compagnie SAS, shall be performed by crediting the Customers bank account or by cheque within thirty days at the most after payment of the amounts paid by the Customer.
ARTICLE 5: DELIVERIES
Each Product’s delivery times specified on the Site indicate the usual average time required to process the dispatch in addition to carriage time.
Said delivery times indicated on the Site written in French are only valid for deliveries in metropolitan France and are indicated on the Site page entitled (“Deliveries”).
In the event of orders for countries other than metropolitan France, reference should be made to informative delivery times indicated on the Site page entitled (“Deliveries”).
Products are delivered to the delivery address that you have specified during the order process.
In the event of payment by bank or private card, the delivery times specified indicate the average time required to dispatch in addition to carriage time.
In the event of payment by cheque, the order shall only been processed once the cheque has been cashed.
Any order which has not been dispatched within thirty days as from the order date shall be automatically cancelled, save for specification previously notified to the Customer by e-mail or letter.
5.2 Delivery problems
The Customer shall notify the carrier and Marquet&Compagnie SAS of all reserves concerning the delivered Product (for example: damaged or already opened package…) within three days following Product reception.
5.3 Products’ non conformity
Subject to compliance with the procedure set out in Article 5.2, Marquet&Compagnie SAS commits to refunding or exchanging the apparently defective Products or which do not correspond to the order.
It is specified that for customised Products, the printing quality may not be considered as a defective element. Indeed, the Customer acknowledges that said customisation notably depends on the quality and resolution of the transmitted photograph.
In the aforementioned hypotheses, the Customer shall indicate in detail and in writing and return the one or several Products to Marquet&Compagnie SAS, in the state in which said Customer received these. The application shall be formulated within seven clear working days further to delivery. Any claim formulated after this period shall not be accepted.
The Customer shall be refunded for return and carriage costs for orders delivered in metropolitan France exclusively.
The provisions of this Article shall not prevent the Customer from implementing the right of revocation (satisfied or refunded) under the conditions of Article 7.
ARTICLE 6: PAYMENT
Payment of purchases is performed:
- Either by bank card: Visa, MasterCard, American express, other bank cards
- Or by bank cheque for all orders equal or in excess of 75 euros inc. VAT.
In the event of payment by bank cheque, said cheque must be issued by a bank domiciled in metropolitan France. The cheque, made out to Marquet&Compagnie SAS, shall be sent to the following address: Marquet&Compagnie SAS, Service Paiement, 24 530 Villars -France
In the event of payment by bank card for an order in excess of 75 euros inc. VAT, the bank card holder shall previously fax a copy of his/her identity card to the following number: +33 (0)5 53 54 20 97. No orders shall be processed if this formality is not respected.
When paying by bank card, payment occurs on the day of order.
It is recalled that for all payments by cheque, the ordered Product shall not be dispatched until the cheque has been cashed.
On Site payments are secured.
ARTICLE 7: SATISFIED OR REFUNDED
7.1 For standard Products presented on the Site and which have not been the object of a customisation service, the Customer has seven (7) days as from reception in which to return the unsuitable Product. Return and carriage costs shall be paid by the Customer. Only the price of the one ore several Products purchased shall be refunded. Returns shall be sent to Marquet&Compagnie SAS, Service Clientèle, 24 530 Villars –France. This right of return shall only be accepted for complete Products, in their original packaging, in good condition and accompanied by a copy of the purchase invoice. Incomplete Products or Products which have been damaged or dirtied by the Customer shall not be accepted.
7.2 The right of return does not apply to customised Products as specified in Article 1.2 here above.
ARTICLE 8: LIABILITY
The Products proposed on the Site are conform to current French legislation and standards applicable in France. Marquet&Compagnie SAS liability may not be sought after in the event of non-compliance with the legislation of the country where the Product is delivered. The Customer shall take charge of verifying the possibilities of importing or using the ordered Products with the local authorities.
Customisation photos and simulations present on the Site are for illustration only and the Customer acknowledges that the delivered Product may differ appreciably.
Marquet&Compagnie SAS does not preserve data files transmitted by the Customer for more than one month and is committed not to transmitting said files to third parties. Therefore the Customer shall take charge of safeguarding data transmitted to the Site. Marquet&Compagnie SAS may not be held responsible for any loss of data or files.
It is recalled that the Site is reserved for private individuals. Marquet&Compagnie SAS may not be held responsible for any prejudice whatsoever pertaining to a professional activity
ARTICLE 9: INTELLECTUAL PROPERTY
Any total or partial reproduction of the Site is strictly forbidden.
The Products sold by Marquet&Compagnie SAS are protected by copyright and/or by rights to the drawings and models. Any reproduction without prior written authorisation from Marquet&Compagnie SAS is strictly forbidden.
ARTICLE 10: DATA-PROCESSING AND CIVIL LIBERTIES
The information and data collected on the Site are necessary to process your order. In conformity with the Data-Processing Act dated January 6th, 1978, the Customer has right of access and rectification to personal data concerning said party. To exercise this right, the Customers needs only to write to Customer Service online, or by letter to Marquet&Compagnie SAS, Service Clientèle, 24 530 Villars –France.
Further to your order you may receive offers from our Company. If you do not wish these to continue, you may inform us at any time by writing to the address indicated above.
ARTICLE 11: APPLICABLE LAW AND LITIGATION
This Contract is governed by French law. In the event of litigation with professionals and/or traders, the Courts of Périgueux alone shall be competent. In the event of litigation only French Courts shall be competent.