Terms and Conditions
Version of 09/28/2024
PRELIMINARY ARTICLE
MAISON MARCELLE JOAILLERIE, a simplified joint stock company with a capital of €40000, headquartered at 231 rue Saint-Honoré, 75001 Paris, France, is registered with the Paris Trade and Companies Register under number 929 621 944.
Telephone: +33 6 73 41 81 66, email: contact@maisonmarcelleparis.com, intra-community VAT number: FR 26 929 621 944.
MAISON MARCELLE JOAILLERIE designs and markets jewelry items under the MAISON MARCELLE brand. The company offers a selection of items for distance selling via its website accessible at the following address: "www.maisonmarcelle.com".
ARTICLE 1: DEFINITIONS AND SCOPE OF APPLICATION
1.1 Definitions
The terms below, when capitalized, shall have the following meanings: "Items": any product offered for sale on the Site.
"Order": any request for Products made and validated by the user on the website www.janymarcelle.com
"General Terms and Conditions of Sale": these general terms and conditions of sale.
"Products": the item(s) ordered by the Customer.
"Site": the website www.maisonmarcelleparis.com.
"Company": the company MAISON MARCELLE PARIS.
"Customer(s) or User(s)": any person using the Site with the intention of ordering or purchasing Products offered by the Company.
1.2 Scope
These general terms and conditions of sale govern all transactions concluded via the Site between the Company and end customers, acting exclusively as consumers. They are reserved for consumers as defined by law and case law, residing in the European Economic Area and acting on their own behalf.
These conditions apply to all sales of Products made by MAISON MARCELLE PARIS via the website www.maisonmarcelle.com. Any order placed on the Site implies unreserved acceptance of these conditions. When validating the order, the Customer must tick the box confirming that they have read and fully accept the General Terms and Conditions of Sale.
In accordance with Article 1127-1 of the Civil Code, these conditions can be consulted, saved or printed by any User of the Site. MAISON MARCELLE PARIS reserves the right to modify them at any time. The applicable conditions are those in force on the date the Order is validated.
This information complies with current legal obligations, particularly those of Articles L.111-1 and L.111-2 of the Consumer Code. The essential characteristics of the Products and their prices are available on the "www.janymarcelle.com" website.
These General Terms and Conditions of Sale supersede any previous version, unless expressly stipulated otherwise. Validation of the order implies full acceptance of these conditions. Acceptance of the conditions is done by clicking on the box provided for this purpose or on the hyperlink. Without this acceptance, the order process cannot be finalized.
Users are advised to read these conditions carefully, available via a link at the bottom of each page of the Site. It is recommended to save or print them for reference. Any modification of the conditions will not apply to orders validated before the changes come into effect.
These General Terms and Conditions of Sale will also be sent to you by email with your order confirmation
ARTICLES 2: PRICE OF ARTICLES
The price of the product(s) sold is the one in effect and displayed on the Site on the date of validation of the payment of the order. Prices are indicated in euros, all taxes included (TTC).
All orders placed by customers residing in the European Economic Area (EEA) must be paid in euros.
exclusively.
Orders placed by customers outside the European Economic Area are payable in US dollars only.
In the event of any customs duties, local taxes, import duties or state taxes payable, these costs shall be borne entirely by the Customer.
The Company shall not be held liable for these charges under any circumstances.
The Company reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the rates in effect on the date of payment of the order.
ARTICLES 3: METHOD OF PAYMENT
Payment for purchases made on the Site can be made by credit card (Visa, Mastercard, American Express). The Customer also has the option of paying via the online payment systems PayPal and Apple Pay.
For orders with delivery outside the European Economic Area, only American Express card payments are accepted.
Any fraudulent use of a bank card belonging to a third party, without their consent, or the contestation of a payment for fraudulent purposes, constitutes fraud, in accordance with Article 313-1 of the Penal Code. This offense is punishable by five years
imprisonment and a fine of 375,000 euros. Advanced technologies are used to detect and prevent fraud attempts.
For payments by credit card, the Customer's identity may be verified to ensure that it corresponds to the cardholder. In case of doubt, proof of identity may be requested by fax, e-mail or mail.
ARTICLE 4: ORDERS
Orders placed on the Website are subject to the procedures described below
4.1 Item Selection
The Customer selects the items available for sale on the Website, as well as the quantity, that they wish to purchase. Each item can be added to the cart by clicking the "Add to cart" button. For rings and bracelets, the Customer must select the desired size before adding to the cart. This cart does not, in itself, constitute an order binding MAISON MARCELLE PARIS. Once the item selection is complete, the Customer must confirm the cart content and place the order.
4.2 Customer Identification
A customer account is required for any order on the Website. If the Customer already has an account, they log in with their email address and password. Otherwise, they must create one by providing accurate information, such as their identity and contact details, as well as a valid email address and password. After account registration, a confirmation email is sent to the Customer. Usernames and passwords are strictly personal, and each Customer undertakes to keep them secure and not to share them with third parties.
4.3 Order Validation
Before final validation, the Customer has the option to check the details of their order (total price, delivery method) and correct any errors. Any validated order entails a payment obligation. To finalize the order, the Customer must click on "Proceed to payment". Once the order is validated, MAISON MARCELLE PARIS acknowledges receipt by email. The order confirmation is sent once payment has been made. This document includes the order number, total amount, delivery information, and characteristics of the purchased items. The Customer is advised to keep this confirmation in paper or electronic format.
4.4 Item Availability
The items available for sale are those presented on the Website at the time of consultation, subject to stock availability.
Jewelry items, requiring artisanal manufacturing, may take between 4 to 6 weeks before delivery. MAISON MARCELLE PARIS reserves the right to withdraw items from sale at any time.
In the event of total or partial unavailability of an item after order validation, the Customer will be informed by email. If the order is cancelled, a full refund will be issued within a maximum of fourteen days following the cancellation.
ARTICLE 5: DELIVERY AND RECEIPT
5.1 General Rules
Items will be delivered to the delivery address provided by the Customer when placing the order ("Delivery Address"). No deliveries will be made to hotels, transit agencies, campuses, relay points, or post office boxes. Delivery will only be made after MAISON MARCELLE PARIS has received full payment for the Order. If payment is not validated, no delivery will be made.
Delivery terms and associated costs are indicated on the cart validation page and summarized before payment of the Order. These delivery costs are added to the total price and communicated to the Customer before final validation.
Products will be delivered to the address provided by the Customer. If multiple items are ordered, MAISON MARCELLE PARIS reserves the right to make separate deliveries without additional cost to the Customer. Delivery will be initiated after payment verification, particularly for debit card payments.
5.2 Delivery Methods
Items are shipped by MAISON MARCELLE PARIS's carrier to the address indicated by the Customer, with delivery tracking. A tracking number is assigned to each order, and the Customer can track their parcel via their customer account on the Website, using the link provided by the carrier.
Delivery delays may occur independently of our will, due to several factors: custom manufacturing, unforeseen circumstances, remote delivery area, or traffic problems.
In the event of a delay or inability to meet the delivery date or time slot chosen by the Customer, MAISON MARCELLE PARIS will inform the Customer and offer to set a new delivery date or time slot, or to cancel the order with a full refund of the amount paid.
Deliveries are not made on Saturdays, Sundays, or public holidays. Delivery costs are those indicated at the time of the order, according to the selected delivery area.
To ensure timely delivery, the Customer must provide accurate and complete information regarding the delivery address (including street number, building, staircase, access codes, intercom, etc.).
Risks related to the products are the responsibility of MAISON MARCELLE PARIS until their delivery to the address provided by the Customer. From that moment on, the Customer becomes responsible for them.
ARTICLE 6: PROTECTION OF PERSONAL DATA
MAISON MARCELLE PARIS collects the Customer's personal data and, if necessary, that of the Order recipient. The information requested is essential for processing orders and issuing invoices. This data may be transmitted to MAISON MARCELLE PARIS's partners responsible for the execution, processing, management, and payment of orders.
The processing of data transmitted via the Website complies with legal obligations concerning the protection of personal data, with an information system ensuring optimal security. MAISON MARCELLE PARIS undertakes to take all necessary measures to ensure the protection of its customers' personal information and orders.
ARTICLE 7: RETENTION OF TITLE CLAUSE
Products remain the exclusive property of MAISON MARCELLE PARIS until full payment of the price, including the principal, fees, taxes and mandatory contributions.
ARTICLE 8: APPLICABLE LAW
This contract is governed by French law.
ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS
The use, even partial, of the Site (downloading, reproduction, transmission or representation) for purposes other than personal and non-commercial is prohibited. Any infringement exposes the author to penalties provided by the Intellectual Property Code,
in particular for counterfeiting (articles L.335-1 et seq. for copyright, and L.716-1 et seq. for trademarks), as well as by the Civil Code concerning civil liability (articles 1382 et seq.).
Similarly, copyrights, designs, models, and patents remain the exclusive property of MAISON MARCELLE PARIS.
The creation of hypertext links to a page or element of the Site requires prior written authorization from MAISON MARCELLE PARIS, which reserves the right to revoke it at any time. Sites containing links to the Site or to which the Site may link are not under the control of MAISON MARCELLE PARIS, which disclaims all responsibility for their content or access.
ARTICLE 10: RIGHT OF WITHDRAWAL
The customer benefits from a right of withdrawal allowing them to return products delivered by MAISON MARCELLE PARIS, for an exchange, without penalty, within fourteen days from receipt of the order.
Returned products must be complete, in perfect condition, and sent back in their original packaging. The right of withdrawal does not apply to personalized goods, items custom-made according to customer specifications, products likely to deteriorate or expire quickly, or those which, by their nature, cannot be returned.
To exercise this right, the customer must notify MAISON MARCELLE PARIS of their decision to withdraw by means of a clear and unambiguous statement (for example, by postal mail, fax, or email). It is sufficient that this notification is sent before the expiration of the fourteen-day period.
The customer must return the products without undue delay and at the latest fourteen days after informing MAISON MARCELLE PARIS of their decision to withdraw. Return shipping costs are the responsibility of the customer.
ARTICLE 11: GUARANTEES
Legal guarantee of conformity and product defects:
In accordance with the law, MAISON MARCELLE PARIS is required to comply with the legal guarantees of conformity of goods, as defined in Article L217-4 of the Consumer Code, as well as the guarantee against hidden defects, provided for in Article 1641 of the Civil Code.
In the event of product non-conformity, the consumer has a period of two years from the date of delivery to exercise their rights. They can choose between repair or replacement of the product, subject to the conditions set out in Article L217-9 of the Consumer Code. During the twenty-four months following delivery, the customer is not required to prove the existence of the non-conformity.
This legal guarantee applies independently of any potential commercial guarantee and the guarantee against hidden defects. According to Article 1641 of the Civil Code, in the event of a hidden defect, the customer may request the cancellation of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code.
Guarantee against hidden defects:
The provisions of the Civil Code relating to hidden defects are as follows:
Article 1641: The seller is bound to warrant against hidden defects in the sold item that render it unfit for its intended use, or that so diminish that use that the buyer would not have acquired it, or would have given a lesser price for it, had they known of them.
Article 1648, paragraph 1: The legal action for hidden defects must be brought within two years from the discovery
of the defect.
Article 2232: The suspension, interruption or postponement of the limitation period may in no case extend the duration of the limitation period beyond twenty years from the day the claim arose, except for exceptions provided for in Articles 2226, 2226-1, 2227, 2233 and 2236, as well as in Article 2241 and Article 2244 of the Civil Code. This rule does not apply to actions relating to the status of persons.
ARTICLE 12: COMPLAINTS AND INFORMATION
For any request for information, complaint or question concerning these General Terms and Conditions of Sale or the products, Customers are invited to contact MAISON MARCELLE PARIS customer service via the contact form available on the Website, specifying, if necessary, their order number