1. Preamble
These General Conditions of Sale are concluded between:
On the one hand, the company BLAST, holder of the domain name les-marees.com.
SARL with a capital of 1000 euros registered with the RCS of Dax under the number 511 306 599 – APE 7410Z – SIRET 511 306 599 00040. Intra Community identification number / VAT Identification FR 27511306599.
The head office is established in France, at 470, avenue du golf, 40150 Hossegor.
Publisher of the site www.les-marees.com and hereinafter referred to as Les Marées.
Manager of Sarl BLAST and creator of Les Marées Béatrice Laborde.
On the other hand, any natural or legal person visiting, making a purchase on the Site www.les-marees.com and hereinafter referred to as “the Customer”
2- Definitions
The following definitions apply in these general conditions of sale according to the meaning indicated below (whether they are used in the singular or in the plural).
“General Conditions of Sale”: means this document, i.e. the terms and conditions applying in the relationship between Les Marées and the Customer.
“Order”: means the Customer’s purchase order for one or more Product(s) placed through use of the Website.
“Site”: refers to the website accessible at the address https://www.les-marees.com/
“Product”: means a product offered for sale on the Website
“Customer”: means a natural or legal person, consumer and/or professional, who uses the Website and acquires one or more Product(s), for his personal needs, through the website having previously adhered to the General Conditions of Sale.
“Recipient” means the natural person designated by the customer to receive the order.
3- Integrity
These conditions express the entirety of the obligations of the parties.
In this sense, the Customer accepts in advance and without reservation all of the provisions provided for in these general conditions. In the event of disagreement with the terms and conditions of the General Conditions of Sale, the Customer must not use the Website.
No general or specific condition appearing in the documents sent or delivered by the Customer may be incorporated herein, since these documents are incompatible with these general conditions. Les Marées reserves the right to adapt or modify these General Conditions of Sale at any time and without notice, the adaptations or modifications then being applicable to all orders subsequent to these adaptations or modifications. In the event of modification, the General Conditions of Sale applicable to the Customer’s order are those which were online, and which the Customer accepted on the day of placing his Order.
4- Object
These General Conditions of Sale aim to define:
Contractual relations between Les Marées and the Client
The conditions applicable to any purchase of products made on the Site https://www.les-marees.com/ whether the Customer is of French or foreign nationality, or whether he is a professional or a consumer.
Any use of the Website and any placing of an Order for one or more Product(s) through the Website implies the outright acceptance of all of the General Terms and Conditions of Sale. Only persons legally capable of entering into contracts concerning the Products offered for sale on the Site may place an Order on the Website. When placing the order, the Customer guarantees to have full legal capacity to adhere to the General Conditions of Sale, place an Order and conclude a sale.
5- Duration
These conditions apply for the entire duration of the online posting of the products and services offered by the company Les Marées, holder of the domain name https://www.les-marees.com/
6- Placing an Order
For any first Order, the Customer completes the registration form provided for this purpose on the Site by completing the following information: name – first name – email address – billing address – delivery address (if different).
He must also choose a password and confirm it.
The Client’s username and password are personal and must remain confidential, the Client being responsible for their use.
If applicable, the Customer may inform Les Marées in writing of any use of these identifiers without their knowledge so that Les Marées can deactivate them.
When registering, the Customer must provide accurate and complete information and ensure that their identifiers are updated in the event of subsequent modifications.
After registering on the Site, the Customer will be able to choose the Products he wishes to order by browsing the pages dedicated to this purpose.
The Customer selects the Products by clicking on the icon representing a basket and enters the quantities he wishes to order. He can check the selected Products at any time by clicking on the “VIEW BASKET” tab.
If the Customer wishes to continue with their Order, they will click on the “ORDER” tab.
The Customer will then access a new form called “Billing Details”. He must complete his name, first name, address and telephone number and email.
If the billing address is different from the delivery address of the Products, the Customer must complete a second identical form for delivery of the Products.
He will then determine the method of payment for his Order, namely either by credit card or by PAYPAL.
In order to definitively confirm their Order, the Customer will be redirected to a summary page including their contact details, the detailed price to pay and the desired quantity of Products.
He will then be able to validate the content and amount of his Order by clicking on the “Validation” button, after having previously checked the box that he has read the General Conditions of Sale before placing the order.
He will then proceed to pay for his order.
7- Product characteristics and prices
7.1. Consultation of the characteristics of products and services
Les Marées presents on its Site the products and services as well as their detailed descriptions allowing the Customer to know, before taking the final order, their essential characteristics.
7.2. Availability of products and validity of the offer
The offers of products and services as well as the prices appearing on the Site are valid for the current day. A product that has become unavailable is indicated with the words: “Temporarily unavailable”. It is also specified that the simple fact of adding a product to the basket does not constitute validation of the order. In other words, the product may become unavailable between the time of adding it to the basket and validation of the order by the Customer. In the event that the unavailability of the product or service is noted after validation of payment, Les Tides undertakes to cancel the order and fully reimburse the price paid by the Customer. In this case the reimbursement will be made without delay and at the latest within fourteen (14) days of payment of the sums paid by the Customer.
7.3. Price
The prices of the products and services presented on the Site are indicated in Euro, all taxes included (TTC). They are applicable during the validation of the order by the Customer and do not include the contribution to transport costs, invoiced in addition and indicated on the YOUR ORDER “Summary” page of the basket before final validation of the order. Prices inclusive of all taxes include VAT (Value Added Tax) for products delivered within the European Union.
Items subject to VAT are subject to French VAT. Any change in the legal French VAT rates will be reflected in the price of the products and services presented on the Site, on the date stipulated by the relevant implementing decree.
8- Payment
The Customer can use the following payment methods: Credit card and Paypal.
8.1. Bank card
Payment for Products can be made by French bank card (Mastercard, Visa or CB).
In the event of payment by credit card, payment is made in full upon confirmation of the Order by the Customer on the Site.
The Customer guarantees to Les Marées that he is fully authorized to use the payment card to pay for his Order and in particular has, upon validation of the Order, the necessary authorizations to use the bank card payment method. The provisions relating to the fraudulent use of payment by bank card may, if necessary, be applied.
Bank card payments
9- Order confirmation
The Customer will receive a confirmation email as soon as Les Marées receives their Order.
He will have the references of this email for all correspondence. If he does not receive this confirmation email, he will contact Les Marées by email (contact@les-marees.fr).
10- Right of withdrawal
In accordance with the provisions of articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days to cancel their Order without having to give reasons or pay penalties. The withdrawal period expires fourteen (14) days after the day on which the Customer or the Recipient, other than the carrier and designated by the Customer, takes physical possession of the Products.
To exercise this right of withdrawal, the Customer will inform Les Marées of his decision before the expiration of this period:
By returning the withdrawal form to his address by post;
By sending him an unambiguous declaration by email to the following address: contact@les-marees.fr.
After verification, the Customer will receive an email from Les Marées informing them of the terms and conditions for returning the Product.
The Customer will then return the Products to the address indicated on the return slip without undue delay and at the latest within fourteen (14) days following communication of their decision to withdraw.
The Products must be returned to Les Marées by registered parcel with acknowledgment of receipt (for example by colissimo with tracking) or by any other means allowing a certain date to be given.
The direct costs of returning the Products and the risks of return will remain the responsibility of the Customer.
The Products must be returned to Les Marées in their original packaging accompanied by the corresponding delivery note. They will be intact, accompanied by all possible accessories and documentation, in perfect condition for resale. They will be sent in packaging intended for this purpose, not allowing identification of the product (postal parcel, bubble envelope, kraft paper, etc.).
The Customer’s liability will only be incurred in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products. The Customer will also ensure that the return number indicated on the return slip is clearly written on the package.
If the Customer decides to withdraw, Les Marées will reimburse all sums paid corresponding to the sale price(s) of the returned Product(s) and delivery costs.
Les Marées will reimburse, without undue delay, and at the latest within fourteen (14) days following the date on which it receives the Products.
This reimbursement will take place using the same means of payment as that which the Customer used for the initial transaction, unless expressly agreed on his part for Les Marées to use another means of payment and provided that this reimbursement does not cause him any inconvenience. costs.
The right of withdrawal does not apply to Products clearly personalized in accordance with the Customer’s request (article L.221-28, 3e of the Consumer Code). Indeed, products clearly personalized with a title chosen by the customer are specially printed on order for the customer.
The Customer can view the result of the final product before validating his order using the order editor. For example, an accent error or a spelling error is the responsibility of the customer who has expressly requested this personalization and who has the possibility of viewing his personalization. You cannot therefore be reimbursed, be careful.
On the other hand, if the error lies with us, that the product received is defective or does not comply with your order, we will reimburse you.
10-1 Exceptions to the right of withdrawal
The right of withdrawal does not apply to Products clearly personalized in accordance with the Customer’s request (article L.221-28, 3e of the Consumer Code). Indeed, products clearly personalized with a title chosen by the customer are specially printed on order for the customer.
The Customer can view the result of the final product before validating his order using the order editor. For example, an accent error or a spelling error is the responsibility of the customer who has expressly requested this personalization and who has the possibility of viewing his personalization. You cannot therefore be reimbursed, be careful.
On the other hand, if the error lies with us, that the product received is defective or does not comply with your order, we will reimburse you.
We print on demand, all titles are custom requests, chosen by you and view on our order editor. The prints are specially made for the consumer. Your choice and possibly your typing error is not the responsibility of Les Marées.
To order the available languages
12- Cancellation of the order
Beyond the withdrawal period, if the Customer wishes to cancel his order, he will contact Les Marées by email (contact@les-marees.fr). If his order has been shipped, Les Marées will ask him to return the Products by following the instructions indicated by email.
Orders with personalization cannot be canceled because printing is done individually. See paragraph 10-1 exceptions to the right of withdrawal.
13- Modification of the order
If you wish to make changes to your Order, modify the delivery address or add Products, do not hesitate to contact les Marées by email at contact@les-marees.fr.
If your order concerns the personalization of a product and it is already printed, we will not be able to satisfy your request.
14- Guarantees
14.1. Warranty linked to transport
Assuming the risks associated with transport, les Marées undertakes to deliver the Products ordered by the Customer in closed, resistant packaging, appropriate to the content and transport requirements. Any product damaged or lost in transit will be replaced.
Les Marées recommends that the Customer check the condition of the package(s) as well as the nature, condition, quantity and conformity of the Products delivered upon receipt of their Order. The Customer or Recipient is invited to carry out any necessary examination to detect possible damage, missing items or non-compliance. Signing the delivery note and/or transport slip confirms delivery of the Products that the Customer has ordered.
In the event of damage or damage to the package, the Customer or the Recipient should express the necessary reservations on the delivery note and/or the transport slip in a precise and justified manner, including in the case of refusal. of packages. If the carrier does not give the Customer or Recipient the opportunity to actually verify the good condition of the Products, he may have a period of ten (10) days instead of three (3) days, not including public holidays, to express reservations, in accordance with the provisions of article L.224-65 of the Consumer Code.
To exercise their right of refusal, the Customer or Recipient will open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged Product. Failing to comply with these requirements, the Client will not be able to exercise his right of refusal, and Les Marées will not be required to comply with the Client’s request to exercise the right of refusal. If the Customer’s package is returned to Les Marées by the Post Office or by other postal service providers, it will contact the Customer upon receipt of the returned package to ask them what action to take on their Order. If the Customer has mistakenly refused the package, he or she may request its return by first paying the postal costs for the new shipment. In the event of a delivery error, the Product will be returned to Les Marées in its entirety and in perfect condition in its original packaging, in its initial condition, accompanied by its delivery note.
In the event of a dispute, the original packaging must be kept until the dispute is resolved.
Les Marées advises the Customer or its Recipient to inform Customer Service by email at contact@les-marees.fr within 72 hours of delivery.
14.2. Guarantees attached to the Products
Les Marées is liable for lack of conformity of the Product(s) under the conditions of articles L.217-4 and following of the Consumer Code and for hidden defects of the Products sold under the conditions provided for in articles 1641 and following of the Code. Civil.
When the Customer acts under the legal guarantee of conformity, he:
Benefits from a period of two (2) years from the delivery of the Product to take action;
Can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
Is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee granted. He can decide to implement within the period provided for by article 1648 of the Civil Code the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the resolution of the sale or a reduction of the sale price, in accordance with article 1644 of the Civil Code.
14.3. Customer Complaint
The implementation of the guarantees must be the subject of a request made by e-mail or by telephone, by email at contact@les-marees.fr or by telephone at 06.70.06.73.60.
NB: complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the person who takes the trouble to expose the dispute.
14.4. Acknowledgment of receipt of complaint
Upon receipt of the complaint made by the Customer, Les Marées undertakes to send the Customer an acknowledgment of receipt by email indicating that his complaint has been taken into account.
14.5. Customer Compensation / Product Replacement
In the event of replacement occurring following a complaint by the Customer implementing one of its guarantees, the product(s) will be dispatched without delay and Customer Service will contact the Customer or its Recipient at later two (2) working days after notification of acceptance of support by Les Marées.
Reimbursement of the Product occurring following a complaint from the Customer implementing one of its guarantees: A reimbursement without delay and at the latest within fourteen (14) working days following the date of “notification of acceptance of support” will be made .
Reimbursement includes: the price of the Product(s) subject to the complaint, the transport costs relating to the Product(s) on the basis of the invoiced price, the return costs incurred by the Customer on production of a supporting document (invoice, etc.).
15- Proof of Orders
The e-mails exchanged between Les Marées and the Customer, as well as the data recorded by the automatic recording systems used on the Site, will constitute proof between them, in particular of the subject and date of the Customer’s Order.
16- Force majeure
The performance of all or part of the obligations of Les Marées will be suspended in the event of the occurrence of a case of force majeure which would hinder or delay its performance.
In particular, the situation of war, riots, insurrection, social unrest and strikes of any kind will be considered as cases of force majeure, subject to the appreciation of the courts. Les Marées will inform the Client of the occurrence of a force majeure event within seven (7) days of its occurrence. In the event that the suspension of the obligations of Les Marées continues beyond a period of fifteen (15) days, the Customer will have the possibility of terminating the Order in progress and Les Marées will then refund it.
17- Applicable law – Disputes
The General Conditions of Sale are subject to the application of French law.
In the event of a dispute, the Customer will contact Les Marées as a priority to obtain an amicable solution.
In the event of a dispute, the Customer has the option, before any legal action, of resorting to a conventional mediation procedure or any other alternative method of dispute resolution in order to seek an amicable solution.
In application of the provisions of the Consumer Code, les Marées adheres to the following service:
BAYONNE MEDIATION
www.bayonne-mediation.com
Address: 32 rue du Hameau – 64200 Biarritz
Association Law of 1901 – Siret 479 579 765 00013
Member of the national federation of Mediation Centers
The Customer may also use the online dispute resolution service offered by the European Commission through a platform accessible at the following address: http://ec.europa.eu/consumers/odr/.
Any dispute that cannot be resolved amicably will fall under the exclusive jurisdiction of the French courts.
