General Conditions of Sale
DEFINITION
These General Terms and Conditions of Sale (“GTC”) described below detail the rights and obligations of the company MARMON SPORTS SAS, with capital of €106,000, a company registered with the Bobigny Trade and Companies Register under number 642025902, whose registered office is at 73 avenue Jean Jaurès, 93300 Aubervilliers.
We will subsequently designate:
• By the term “Site”: the site http://www.marmonsports.com and all of its pages.
• By the terms “Products” or “Services”: all the products (materials) and services (benefits) that can be purchased or subscribed to on the Site.
• By the term “Seller”: MARMON SPORTS, legal or natural person, offering its products or services on the Site.
• By the term “Customer”: the Internet user, individual or professional, making a purchase of product(s) or service(s) on the Site.
• By the term “Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity”.
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the General Terms and Conditions and accepts them in full and without reservation.
ARTICLE 1 - APPLICATION OF THE GENERAL TERMS AND CONDITIONS AND PURPOSE OF THE SITE
The seller reserves the right to modify the T&Cs at any time by publishing a new version of them on the site. The T&Cs applicable to the customer are those in effect on the day of their order on the site. Legal information concerning the host and publisher of the site, the collection and processing of personal data and the conditions of use of the site are provided in the general conditions of use, the legal notices and the data charter of this site.
MARMON SPORTS sells clothing, footwear, and accessories. It sells its products through the website www.marmonsports.com. The list of goods offered for sale online by the Seller can be viewed on the website.
The site is freely accessible to all customers.
The acquisition of a product or service implies acceptance by the customer of all of these General Terms and Conditions, who thereby acknowledges having fully read them. This acceptance may consist, for example, of the customer checking the box corresponding to the sentence accepting these General Terms and Conditions, for example, stating "I acknowledge having read and accepted all of the general terms and conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature from the customer.
Acceptance of these General Terms and Conditions implies that customers have the necessary legal capacity to do so. If the customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.
The customer acknowledges the evidentiary value of the seller's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
The Publisher provides the customer with a privacy policy on its website, specifying all information relating to the use of the customer's personal data collected by the Publisher and the rights the customer has with respect to this personal data. The data privacy policy is part of the General Terms and Conditions. Acceptance of these General Terms and Conditions therefore implies acceptance of the data privacy policy.
ARTICLE 2 - CREATION OF A CUSTOMER ACCOUNT
The creation of a "customer account" is an essential prerequisite for any order by the Customer on this Site. To this end, the Customer will be asked to provide certain personal information such as their first and last name, email address, postal address and telephone number, this list not being exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating their data. They must therefore notify the Seller without delay in the event of any changes. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.
The Customer registered on the Site has the possibility to access it by logging in using their identifiers (email address defined during registration and password) or possibly by using systems such as third-party social network login buttons. The Customer is entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If they forget their password, the Customer has the possibility to generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in their "my account" section and the Customer is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to view all of their orders placed on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the Seller cannot be held liable, as this information has no probative value but is only informative. The pages relating to the customer account may be freely printed by the Customer who holds the account in question but do not constitute proof; they are only informative and intended to ensure efficient management of their orders or contributions by the Customer.
Each Customer is free to close their account on the Site. To do so, they must send an email to the Seller indicating that they wish to delete their account. No data recovery will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these General Terms and Conditions (in particular, and without this example being exhaustive, when the Customer has knowingly provided incorrect information when registering and creating their personal space) or any account that has been inactive for at least one year. Said deletion will not constitute damages for the Customer, who will not be able to claim any compensation for this reason. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts justify it.
ARTICLE 3 - METHOD OF SUBSCRIBING TO ORDERS AND DESCRIPTION OF THE PURCHASING PROCESS
The Products and Services offered are those that appear only in the catalog published on the Site. These Products and Services are offered while stocks last. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.
The term "Basket" will be defined below as the intangible object grouping together all the Products or Services selected by the Customer of the Site for purchase by clicking on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Basket", the contents of which can be modified at any time.
Once the Customer considers that they have selected and added to their basket all the Products they wish to purchase, they will have the option, to validate their order, to access their basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which they will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If the Customer wishes to confirm their order, they must check the box relating to the ratification of these General Terms and Conditions and click on the confirmation button. The Customer will then be redirected to a page where they must fill in the order form fields. In this case, they will have to provide a certain amount of personal data concerning them, necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must include the necessary information. The Customer may make changes, corrections, additions, or cancel the order until it is validated.
Once the Customer has completed the form, they will be prompted to make their payment using the payment methods listed in the section of these Terms and Conditions relating to payments. After a few moments, the Customer will receive an order confirmation email, reminding them of the contents of the order and its price.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
ARTICLE 4 - PRICE AND PAYMENT TERMS
Unless otherwise stated, the prices listed in the catalog are prices in Euros (€) inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.
MARMON SPORTS reserves the right to modify its prices at any time and to pass on, if applicable, any change in the VAT rate in force to the price of the Products or Services offered on the Site. However, the price listed in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer may place an order on this Site and may only pay by credit card; no other payment method will be accepted. Payments by credit card are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment service provider receiving the Customer's payment. Product availability is indicated on the Site, in the description sheet for each Product.
MARMON SPORTS will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
ARTICLE 5 - DELIVERIES
Delivery costs will be indicated to the Customer before any payment. The Site only delivers to mainland France, including Corsica.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of fifteen (15) days after the conclusion of the contract with a Consumer Customer.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods collected by the carrier. If he fails to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to comply with the Customer's request to exercise the right of refusal.
In order to guarantee the quality of our services and ensure perfect traceability of our shipments, we systematically take photos of the contents of the package before it is closed and shipped. If the Customer reports having received an empty package, but has not expressed any reservations regarding the condition of the package upon receipt, and our preparation photos confirm the presence of the product in the package before its shipment, no request for refund, exchange or compensation will be accepted. This measure aims to protect both the Customer and the Seller by providing objective proof of the contents of the package before shipment.
If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask for further action on the order. If the Customer has mistakenly refused the package, they may request that it be resent by paying the postal charges for the new shipment in advance. Postal charges must be paid even for orders where postage was free when the order was placed.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows for withdrawal, according to Article L.221-18 et seq. of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition with the labels for clothing and accessories, and the box for shoes. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller. Return costs are the responsibility of the Customer. These costs may be borne by the Seller if the latter is responsible for a delivery error.
Any delay in delivery compared to the date or time indicated to the Consumer Customer when ordering or, in the absence of an indication of a date or time when ordering, exceeding thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery he has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was canceled, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
ARTICLE 6 - RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM
In accordance with Article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or the conclusion of the contract for the provision of services, to withdraw. He will be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days from receipt by MARMON SPORTS of the refund request.
The Product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. It is understood that the Customer will bear the cost of returning the Product in the event of withdrawal, as well as the cost of returning the Product if, due to its nature, it cannot normally be returned by post.
If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
The Customer is advised to return the package using a tracking solution. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate it.
The refund will be made by the same means of payment as that chosen by the Customer for the initial transaction.
The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such demonstration has not previously taken place.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with Article L221-5 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
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(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of
MARMON SPORTS
LE MILLENAIRE shopping center
23 rue Madeleine Vionnet
93300 Aubervilliers
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of Client(s):
Address of the Client(s):
Signature of the Client(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate.
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For fast processing and optimal tracking of your return request, we recommend using the online interface in the "Returns" section of your customer account (My Account / Returns).
ARTICLE 7 - PRODUCT WARRANTY
LEGAL PROVISIONS TO BE REPRODUCED
When acting under the legal guarantee of conformity, the consumer has a period of two years from delivery of the goods to act; he can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; except for second-hand goods, he is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods, a period extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to provide any guarantee; in the event of implementation of this guarantee, the buyer has the choice between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the limitation period beyond twenty years from the date on which the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code;
LEGAL GUARANTEE OF CONFORMITY
According to Articles L.217-4 et seq. of the French Consumer Code, the Seller is required to deliver goods that comply with the contract entered into with the Consumer Customer and to be liable for any lack of conformity that exists during the delivery of the Product. The guarantee of conformity may be exercised if a defect were to exist on the day the Product is taken possession of. However, when the defect appeared within 24 months of this date (or within 6 months if the order was placed before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. However, in accordance with Article L.217-7 of the French Consumer Code, "the Seller may challenge this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity."
However, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or if the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
In accordance with Article L.217-9 of the French Consumer Code: "in the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer."
LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price if he had known of the defect).
Complaints, requests for exchange or refund for a non-compliant Product must be made by post or email to the addresses indicated in the legal notices of the site.
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is not possible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including the shipping costs for returning the Product) are then the responsibility of the Seller.
ARTICLE 8 - CUSTOMER SERVICE
Customer service for this Site can be reached via our contact form or by post at the following address:
MARMON SPORTS
The Millennium Shopping Center
23, rue Madeleine Vionnet
93300 Aubervilliers
MARMON SPORTS also provides its customers with email support to answer their questions. Customer support can be contacted at shop@marmonsports.com.
ARTICLE 9 - LIABILITY
The Seller MARMON SPORTS shall not be held liable for non-performance of the contract concluded due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not incur any liability for any indirect damages resulting from these terms, loss of business, loss of profit, damages or costs, which may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to material incompatibility, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, according to article L 221-18 et seq. of the Consumer Code.
The Customer expressly acknowledges that they use the Site at their own risk and under their sole responsibility. The Site provides the Customer with information for informational purposes only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, MARMON SPORTS cannot be held responsible under any circumstances:
• any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result, among other things, from the use of the Site, or on the contrary from the impossibility of its use;
• a malfunction, unavailability of access, misuse, poor configuration of the Client's computer, or the use of a browser that is rarely used by the Client;
• the content of advertisements and other links or external sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site have no contractual character, the Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.
ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS
All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Customer found guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion constituting any damage to them, without reservation of possible subsequent legal action against them, at the initiative of the Seller or its agent.
This Site uses elements (images, photographs, content) for which credit goes to: MARMON SPORTS for its original creations and to its partners for the visuals and photographs provided for advertising purposes.
The trademarks and logos contained in the Site may be registered by MARMON SPORTS, or possibly by one of its partners. Any person carrying out their representations, reproductions, imbrications, distributions and redistributions is liable to the sanctions provided for in Articles L.713-2 et seq. of the Intellectual Property Code.
ARTICLE 11 - INDEPENDENCE OF CLAUSES
If any provision of the T&Cs is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the T&Cs and will not affect the validity and enforceability of any remaining provisions.
These General Terms and Conditions supersede all prior or contemporaneous written or oral agreements. The General Terms and Conditions are not assignable, transferable or sublicensable by the Client himself.
A printed version of the T&Cs and any notices given in electronic form may be requested in any legal or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be written in the French language.
ARTICLE 12 - APPLICABLE LAW AND MEDIATION
These T&Cs are governed by and subject to French law.
Except for provisions of public order, any disputes which may arise in the context of the execution of these General Terms and Conditions may, before any legal action, be submitted to the assessment of the Publisher of the Site with a view to an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions. Unless otherwise provided for by public policy, any legal action relating to the execution of these General Terms and Conditions must be submitted to the jurisdiction of the courts of the jurisdiction of the defendant's place of residence.