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general terms and conditions of sale

Article 1: General Information about the Seller

Article 1.1 The Website

The website www.paulemarrot.com (hereinafter referred to as “the Site”) is operated by the company “EDITIONS PAULE MARROT SAS” referred to as “the Seller” or “EDITIONS PAULE MARROT SAS.”

Article 1.2 Activities of the Seller

The Seller’s activities include the creation, edition, manufacturing, and marketing of decoration products, clothing, art prints, and other consumer goods (hereinafter referred to as “The Products”).

In accordance with Articles L. 111-1 and L. 111-3 of the Consumer Code, the essential characteristics and prices of the Products are available on the Site at www.paulemarrot.com.

Article 1.3 Identification of the Seller

The company EDITIONS PAULE MARROT SAS is a Limited Liability Company with a capital of 37,000 Euros, whose registered office is at 4 rue de Colmar, 68600 Neuf Brisach, registered in the Trade and Companies Register of COLMAR under the number B 443232129 R.C.S. COLMAR – VAT identification number: FR 29443232129.

Article 2: Scope of the General Terms and Conditions

Article 2.1 Purpose of the General Terms and Conditions

These general terms and conditions of sale (hereinafter referred to as “The General Terms and Conditions” or “GTC”) aim to define the rights and obligations of the parties in the context of the sale on the web Site, of the Products offered by EDITIONS PAULE MARROT SAS to any person wishing to acquire the Products offered for sale on the web Site (hereinafter referred to as “the Customer”).

Each Order placed by a Customer under the conditions provided for herein shall hereinafter be referred to as “Order.”

Any Order validated by a Customer on the Site implies his/her prior, express, and unreserved acceptance of these General Terms and Conditions. Moreover, the Customer receives the information provided for in Articles L. 221-5, L 221-11, and L. 221-18 of the Consumer Code, before and after the conclusion of the sale, particularly through these General Terms and Conditions.

Article 2.2 Entry into Force and Duration of the General Terms and Conditions

The General Terms and Conditions come into effect on the date of validation of the Order and are concluded for the duration necessary for the supply of the Products, until the extinction of their guarantees and obligations due by the Seller.

Article 2.3 Documentary Evidence

The contractual information relating to the Order will be confirmed by email by the Seller to the Customer. EDITIONS PAULE MARROT SAS recommends that the Customer keep the email confirmation of the Order or print it out. However, the following can also constitute legal proof of communications: the Order, payments made between the parties, and all documents resulting from the archiving of Order forms and invoices in the computer systems of EDITIONS PAULE MARROT SAS.

The online provision of the bank card number and the validation of the Order by the Customer will constitute proof of the Order and will entail the exigibility of the corresponding payment.

The validation of the Order constitutes a signature and express acceptance of all operations carried out on the Site.

Article 2.4 Validity of the GTC

The Products and Services ordered on the Site by Customers are governed by the General Terms and Conditions on the date of the Order.

EDITIONS PAULE MARROT SAS reserves the right to modify its General Terms and Conditions at any time by publishing a new version on the Site.
The fact that the Seller does not take advantage of any of the present General Terms and Conditions at a given time cannot be interpreted by the Client as a waiver by the Seller to subsequently take advantage of any of these General Terms and Conditions.

Article 3 Product Information – Availability – Modifications

3.1 Information about the Products

The Products offered by EDITIONS PAULE MARROT SAS comply with the current French legislation and the standards applicable in France.

The images of the Products presented on the Site are given for indicative purposes only. The delivered Products may slightly differ from those presented in the images. EDITIONS PAULE MARROT SAS strives to present as best as possible, on the Product sheets, the essential characteristics of these. However, the Client is informed, subject to their rights, of the possibility of a difference in presentation upon delivery, this difference not affecting the content and characteristics of the Product.

3.2 Availability

In case of unavailability of the Product at the time of the Order or subsequently, EDITIONS PAULE MARROT SAS cannot be held responsible, nor give rise to damages and interests for the Client.

Information regarding the availability of Products is provided at the time of placing the Order.

In case of unavailability after the Order, EDITIONS PAULE MARROT SAS undertakes to inform the Client as soon as possible and to offer either a similar Product, a credit note valid on all available Products, or a refund.

If the Client opts for a refund, EDITIONS PAULE MARROT SAS will make its best efforts to refund the Client within a period of 14 days from the date on which EDITIONS PAULE MARROT SAS informed the Client of the unavailability of the Product or at the latest within a period of 14 days from the payment of the sums paid by the Client.

3.3 Modifications

EDITIONS PAULE MARROT SAS reserves the right to make any modification it deems useful to the Products at any time without the obligation to modify the Products previously delivered or in the process of being ordered.

Article 4 – Prices

The price of the Products sold on the Site is indicated respectively by article and reference.

The duration of validity of the offers and prices is determined by the updating of the Site.

The price of the Products is that in force on the date of the Order placed by the Client.

Prices are indicated in Euros, including all taxes, excluding participation in shipping costs which are charged additionally, based on the rate indicated on the Site.

The telecommunication costs inherent in accessing the Site are the sole responsibility of the Client.

Article 5: Order

5.1 Procedures

To place an Order, the Client must necessarily follow the steps below:

  1. Access the internet address of the Site.
  2. Follow the instructions of the Site and in particular, the instructions necessary for opening a customer account.
  3. Fill in the Order form.
  4. Check the elements of the Order and, if necessary, identify and correct errors “double-click.”
  5. Accept the present General Terms and Conditions and the general terms of use.
  6. Validate the Order, as well as the total price including taxes.
  7. Follow the instructions of the online payment server to pay the price.

The Client undertakes not to communicate the identifiers of his Client account to third parties. EDITIONS PAULE MARROT SAS cannot be held responsible for any action performed via or on the Client account by a third party to whom the Client would have communicated his identifiers or who would have had access to his identifiers or his Client Account due to a fault or negligence attributable to said Client or to a third party.

5.2 Personal Information

When ordering, the Client agrees to provide the requested information and commits to the truthfulness of this information.

EDITIONS PAULE MARROT SAS cannot be held responsible for any typing errors made by the Client, nor for any error on the Order form, and neither for their consequences in terms of delay or delivery error. Thus, if delivery cannot take place due to a typing error by the Client, or an erroneous or illegible mention on the Order form, the inherent and reshipping costs will be borne by the Client.

5.3 Confirmation of the Order

The Client receives electronically a confirmation of the order including a summary of his Order.

The Order becomes firm and definitive only after the Seller sends this email confirming the Order.

In accordance with article L. 122-11 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, made in bad faith, or for any other legitimate reason, and in particular, when there is a dispute with the Client concerning, in particular, the payment of a previous order.

Furthermore, the Client’s Order may be canceled by the Seller in case of lack of information necessary for delivery, payment, or execution.

5.4 Processing of the Order

Orders are processed in the order in which they are actually received.
EDITIONS PAULE MARROT SAS undertakes to process all Orders, within the limits of available stocks and its means.

Article 6: Validation of Payment

Article 6.1 Purpose

The validation of the payment by the Seller conditions the dispatch of the Products to the address indicated by the Client. In the case of payment by check or bank transfer, the validation of the payment occurs after the collection of the funds.

Article 7: Payment

Article 7.1 Security of Online Payments

The Seller implements all means to ensure the confidentiality and security of data transmitted on the Site.

For the security of transactions carried out online, EDITIONS PAULE MARROT SAS uses its online payment system.

Article 7.2 Payment Methods

The Client pays for their Order online by credit card, check, PayPal account, or bank transfer. In the case of online payment by credit card (Carte Bleue, VISA, Eurocard/Mastercard, Amex), the Client must provide the type of their payment card, the number of the payment card, the expiration date, and the security code.

They guarantee that they are fully authorized to use said Card and that the card gives access to sufficient funds to cover all the costs resulting from their Order.
The transaction is immediately debited from the Client’s credit card after verification of its data, upon receipt of the debit authorization from the issuing company of the credit card used by the Client.

In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay made using a payment card is irrevocable. By providing information related to their credit card, the Client authorizes the Seller to debit their credit card for the amount corresponding to the Price.

To this end, the Client confirms that they are the holder of the credit card to be debited and that the name on the credit card is indeed theirs. The Client communicates the sixteen digits and the expiration date of their credit card and, if applicable, the numbers of the visual cryptogram.

In the event that debiting the price is impossible, the online sale would be immediately resolved by operation of law and the Order would be canceled.

Article 7.3 Invoice

The invoice will be sent to you by email.

Article 8: Delivery

8.1 Delivery Process

Deliveries are made only according to availability and in the order of arrival of Orders and they can be made globally or partially.

Delivery will take place at the delivery address indicated by the Client at the time of the Order.

The Client is solely responsible for a delivery failure due to a lack of indication at the time of the Order.

Unless otherwise stipulated by the Seller, delivery costs are always borne by the Client.

8.2 Delivery Times

The average delivery time is 1 to 6 weeks depending on the Product from the date of the Order – Delivery times start from the date of confirmation of the Order and payment by the Seller.

Delivery times depend on the carrier or the delivery times of the Post Office.
In any case, delivery times cannot exceed 3 weeks from the confirmation of the Order, except in cases of force majeure or with the Client’s agreement to a new deadline.

In the event of non-delivery of an Order on the indicated date, EDITIONS PAULE MARROT SAS will communicate a new delivery date to the Client, notwithstanding the Client’s right, if the delay is not attributable to them, to request a refund of their Order under the conditions provided for in Article L.216-2 of the Consumer Code.

If the Order has not yet been dispatched at the time the Seller receives the Client’s cancellation notice, delivery is blocked, and the Client is refunded any sums possibly debited within 14 days following the receipt of the cancellation notice. If the Order has already been dispatched at the time the Seller receives the Client’s cancellation notice, the Client can still cancel the Order by refusing the Product. The Seller will then proceed to refund the debited sums paid by the Client within 14 days following the receipt of the returned refused Product, complete, new, and in its original packaging.

8.3 Checking the Order upon Arrival

The Client agrees to take delivery of the Products at the address they have indicated in the Order.

Upon delivery of the Product, the Client must, in the presence of the carrier:

  • check the external appearance of the package and refuse it in case of deterioration, indicating explicit reservations on the delivery note clearly showing the nature of the damage or the quantity of the missing items in the presence of the carrier.
  • verify the conformity of the Product with the order and any apparent defects or missing items. In case of non-conformity, apparent defect, or missing items, they must immediately inform EDITIONS PAULE MARROT SAS by email, at the following address: contact@paulemarrot.com, and in any case within forty-eight (48) hours from the receipt of the Product.

Failing this, the Client will be deemed to have accepted the Product without reservation.

The Client will keep a copy of the delivery receipt. In case of apparent defect or non-conformity of the delivered products, duly notified according to the above-defined procedures and ascertained by EDITIONS PAULE MARROT SAS after verification in quantity and quality, the Client may obtain free replacement or refund of the Products, excluding any other compensation.

8.4 Undelivered Shipped Orders

In the case where the Product has been sent by LA POSTE, and according to the conditions of LA POSTE, the Client has a period of fifteen days following the notice of passage of LA POSTE to collect their package at the post office of their residence. After this period, the package is returned to the Seller.

In the case where the delivery is made by a carrier to the Client’s home, and if the said carrier cannot make an appointment with the Client and/or in case of the Client’s absence on the agreed day for delivery, the products are returned to the Seller.

In these hypotheses, the Order will remain available to the Client at the premises of EDITIONS PAULE MARROT SAS. At the Client’s request, it will be reshipped at their expense.

Article 9: Right of Withdrawal

9.1 Generalities

In accordance with the provisions of Article L 221–18 of the Consumer Code, the Client has a right of return within 14 days following the receipt of their Order. If this period expires on a Saturday, Sunday, or a public holiday or non-working day, it is extended until the next working day.

The Client who wishes to exercise their right of withdrawal must return the Products within the aforementioned period, in their original packaging, complete, new.

In accordance with the provisions of Article L 221-23 of the Consumer Code, the costs of returning the Order remain at the Client’s expense.

9.2 Exclusions

In accordance with the provisions of Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for goods made to order, according to the Client’s specifications, or clearly personalized, or which, due to their nature, cannot be reshipped.

Finally, the withdrawal cannot ever be exercised if the delivered Products are products that have been, even partially, damaged or used. Similarly, incomplete returned Products will neither be taken back nor exchanged.

9.3 Procedure for Returning a Product

For any return, the Client must absolutely contact EDITIONS PAULE MARROT SAS by email beforehand, indicating “return request” in the subject of the email.
The Client may use the withdrawal form included in Annex 1 of these General Terms and Conditions of Sale and send it either by email to the following address contact@paulemarrot.com or by postal mail to the following address: 4 rue de Colmar, 68600 Neuf Brisach.

In the exercise of their right of withdrawal, the Client undertakes to return the concerned Products within a maximum period of fourteen (14) days from the date of this information made to EDITIONS PAULE MARROT SAS.

In accordance with Article L.221-23 of the Consumer Code, the cost of returning the products remains at the Client’s expense.

The organization of the transport and the risks associated with the return of the Product, whatever the cause, are the responsibility of the Client. If the Product is lost by the Carrier during this shipment, the Client is solely responsible and cannot be reimbursed by EDITIONS PAULE MARROT SAS.

In case of exercising the right of return in compliance with the conditions stipulated herein, EDITIONS PAULE MARROT SAS will reimburse the Client within 14 days from the exercise of the right of withdrawal.

If the returned Product does not reach EDITIONS PAULE MARROT SAS under the conditions provided in this article, the Client cannot be reimbursed.

In any case, any product returned to EDITIONS PAULE MARROT SAS will be subject to qualitative and quantitative checks by EDITIONS PAULE MARROT SAS which, given the result of its checks, is entitled to refuse to reimburse the Product, if it appears, without this list being exhaustive, that the Product or its packaging is damaged, has been used by the Client, or is no longer marketable for any reason.

Article 10 Legal Warranty

The Client benefits from the legal warranty relating to hidden defects under the terms of Articles 1641 and following of the Civil Code as well as the warranty relating to conformity defects under the terms of Articles L. 217-4 and following of the Consumer Code.

When the Client acts under the legal warranty of conformity:

  • They have a period of 2 years from the delivery of the product to act;
  • They can choose between the repair or replacement of the good, subject to certain cost conditions provided by Article L. 217-9 of the Consumer Code;
  • They are exempt from providing proof of the existence of the conformity defect during the 24 months following the delivery of the good.
    The legal warranty of conformity applies independently of any commercial warranty possibly granted.

The Client may decide to implement the warranty against hidden defects of the sold item under the terms of Article 1641 of the Civil Code; in this case, the Client can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

In accordance with Article L. 217-15 of the Consumer Code, the provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 of the Consumer Code, as well as Articles 1641 and 1648 (first paragraph) of the Civil Code are reproduced below:

Article L.217-4 of the Consumer Code:
The seller delivers a product that conforms to the contract and is responsible for any conformity defects existing at the time of delivery. The seller is also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when it has been charged to them by the contract or was carried out under their responsibility.

Article L.217-5 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, where applicable:
    – if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
    – if it has the qualities that a buyer can legitimately expect with regard to public statements made by the seller, the producer, or their representative, particularly 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, made known to the seller and accepted by the latter.

Article L.217-12 of the Consumer Code:
The action resulting from a conformity defect is prescribed by two years from the delivery of the product.

Article L.217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial warranty that was granted to them at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer’s request for intervention or from the availability for repair of the product in question if this availability is after the request for intervention.

Article 1641 of the Civil Code:
The seller is liable for the warranty due to hidden defects in the sold item that render it unfit for the use for which it was intended, or that so diminish this use, that the buyer would not have acquired it, or would have paid a lower price for it, had they known about these defects.

Article 1648 of the Civil Code, first paragraph:
The action resulting from redhibitory defects must be initiated by the buyer within two years from the discovery of the defect.

10.4 Exclusion of Liability

Regarding Orders made to satisfy professional needs, EDITIONS PAULE MARROT SAS will not be held responsible, towards a Client or a third party, for any indirect material or immaterial damage, any loss of profit or turnover, in any way whatsoever.

The liability of EDITIONS PAULE MARROT SAS is limited, for all causes, to a sum capped at the amount excluding taxes of the Order.

Similarly, the total or partial impossibility of using the Products, particularly due to material incompatibility or non-compliance with the professional Client’s needs, cannot engage the Seller’s liability nor give rise to any right to damages or reimbursement of the Product.

Article 11: Complaints

The Client must address any complaints to the EDITIONS PAULE MARROT SAS Customer Service by postal mail at 4 rue de Colmar 68600 Neuf-Brisach or electronically at contact@paulemarrot.com, recalling the reference and the date of the Order.

Article 12. – Force Majeure

EDITIONS PAULE MARROT SAS will not be held responsible for the non-performance or delay in the execution of any of its obligations towards the Client, in case of the occurrence of a particular circumstance, or an event of force majeure. By “force majeure event,” we mean any fact preventing the total or partial execution of the contract that could not be overcome despite reasonable diligence on the part of EDITIONS PAULE MARROT SAS, such as, but not limited to, war, riot, pandemic, fire, total or partial strike, explosion, flood, failure of telecommunications means, disruption of transportation means, delay or failure in the supply of raw materials, for whatever cause.

The Seller will notify the Client of the occurrence of such an event within 8 days from the date of occurrence of the event.

When the suspension of the execution of the Seller’s obligations continues for a period of more than 30 days, the Client will have the possibility to terminate the current Order, and the Seller will then proceed to refund the Order.

Article 13: Intellectual Property

Any total or partial reproduction of the Site is strictly forbidden, all the texts and illustrations appearing on it being protected by copyright.

Article 14: Processing of Personal Data

Personal data refers to the data entered by the Client that allows them to be identified, directly or indirectly, in the sense of the Data Protection Act of January 6, 1978, as amended.

They are necessary for the processing of the Order and are processed in accordance with the privacy policy implemented by EDITIONS PAULE MARROT SAS.

Article 15 – Reservation of Ownership:

The transfer of ownership of the products to the Client is subject to the full payment of the price of the Products in principal, interest, penalties, and accessories.

EDITIONS PAULE MARROT SAS reserves the right to demand the return, at the Client’s expense and risk, of unpaid products without prejudice to any other action. The products still in the possession of the Client are presumed to be those unpaid.

Article 16: Applicable Law

These General Terms and Conditions and the Orders placed under these are executed and interpreted in accordance with French law.
In the event of a dispute concerning the formation, interpretation, execution, or termination of the contractual relations established between the Client and the Seller, as well as the acts resulting therefrom, the dispute will be, in the absence of an amicable agreement, submitted to the competent French courts in the conditions of common law, except for mandatory legal provisions or public order provisions to the contrary.

If the Client acts for professional needs, exclusive jurisdiction is given to the Commercial Court of the Seller’s registered office.

Article 18: Dispute Resolution

The Client is informed that they may resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 534-7) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of a dispute.

The Client can particularly use the Medicys mediation service free of charge, which can be contacted electronically through its website: www.medicys.fr or by postal mail at: 73, Boulevard de Clichy, 75009- Paris.

The Client can then designate the mediator of their choice from the list of mediators registered with Medicys. This list, composed of more than eighty professionals distributed throughout France, is available at the following address: https://medicys-consommation.fr/mediateurs-de-la-consommation/

In accordance with Article L.616-2 of the Consumer Code, EDITIONS PAULE MARROT SAS informs the Client of the existence of the platform set up by the European Commission, which aims to collect any complaints arising from an online purchase by European consumers and then forward the received cases to the competent national mediators. This link is accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

ANNEX 1: WITHDRAWAL FORM

Model of withdrawal form (Please complete and return this form only if you wish to withdraw from the contract.) To the attention of EDITIONS PAULE MARROT SAS 4 rue de Colmar, 68600 Neuf Brisach: contact@paulemarrot.com

I hereby notify you of my withdrawal from the contract for the sale of the good below:

  • Ordered on ()/received on ():
  • Name of the consumer(s):
  • Address of the consumer(s):

Signature of the consumer(s) (only in case of notification of this form on paper): Date: