Terms and conditions

Article 1. Introductory statement

THE OZ's (hereinafter referred to as "THE OZ") main activity is the creation and commercial operation of merchant websites.

THE OZ has been entrusted by LA FÉE MARABOUTÉE with the creation and TMA (Third Party Application Maintenance) operations for the site www.lafeemaraboutee.fr (hereinafter referred to as the "Site").

Article 2. Scope of application

These general terms and conditions of sale (hereinafter referred to as the "GTCS") apply automatically to the sale of any LA FÉE MARABOUTÉE brand item via the Website.

For the purposes of these GCS, the term "User" refers to any person browsing the Site and the term "Customer" refers to any person wishing to place or having placed an order on the Site.

The sale is deemed concluded on the date of acceptance of the order by LA FÉE MARABOUTÉE.

Prior to this date, and in accordance with the provisions of articles L. 112-1, L. 112-2 and L. 141-1 of the French Consumer Code, these General Terms and Conditions of Sale are made available to all Customers for information purposes.

Validation by the Customer of any order implies full and unreserved acceptance of these GCS.

Article 3. Information on items

The items offered for sale by La Fée Maraboutée are those appearing on the Website on the day of its consultation by the Customer.

Each item will be the subject of a description sheet which, in addition to the photograph, will contain: the price, the sizes and colours available, the composition and any special characteristics.

There may be slight differences between an article and its photograph, depending in particular on the resolution and colour definition of the User's screen.

La Fée Maraboutée undertakes to deliver products that comply with current regulations relating to the health and safety of persons in accordance with European provisions and in particular legislation on regulated chemical substances.

Article 4. Prices

Unless expressly stipulated otherwise, the prices of the items are those shown on the Site on the day the order is placed.

They are indicated inclusive of all taxes, excluding delivery costs. Delivery costs are communicated to the Customer on the order summary before the order is validated and are inclusive of all taxes. These costs are payable by the Customer and are invoiced in addition to the sale price of the items. On this date, these prices are firm and definitive.

In the event of the display of an incorrect or obviously derisory price (low price), for whatever reason (computer bug, manual error, technical error), the order - even if validated by LA FÉE MARABOUTÉE - will be cancelled, of which the Customer will be informed as soon as possible. In this case the Customer may, if they wish, subject to the availability of the items, place their order again at the corrected and exact price.

Article 5. Orders

5.1 – Passation de commande

The Customer places an order by completing the following 5 steps:

Step 1: The Customer selects the Products chosen and adds them to their basket after selecting the size and colour required.

The basket at the top right of the screen informs the Customer that the selections have been taken into account by indicating the number of Products it contains.

Step 2: The Customer checks the contents of their basket by clicking on "order" to access the summary of their order. The Customer can then modify their order (Product, size, quantity).

The total amount of the order including VAT, distinguishing between the price due for the Products on the one hand, and the delivery costs on the other, is then indicated in the summary.

Step 3: Once the order has been checked and modified if necessary, the Customer validates their basket in order to finalise their order by clicking on "order" again.

Step 4: The Customer enters their billing and delivery details.

With the exception of the date of birth, the additional address and the delivery information, all the fields are necessary for the order to be finalised, it being specified that unless the Customer indicates otherwise, the billing address will automatically be the same as the delivery address.

If the Customer has already placed an order on the Site, they will have a customer account. If this is the case, the Customer will only identify themselves with their e-mail address and password.

The Customer then checks all the information and clicks on "validate" to continue with the order.

Step 5: The Customer enters their bank details

The Customer then accesses the secure payment screen as specified in article 4.3 below.

Payment is made online by credit card only.

The Customer must enter their bank card number, its date of validity and the 3 numbers of the visual cryptogram on the back of their card, it being specified that in the case of payment by American Express card, the Customer must enter 4 digits.

If payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.

If payment fails, the Customer will have up to 3 attempts to re-enter his/her bank details. After the 3rd refusal, the Customer will be redirected to a screen on the Site indicating that payment has been refused.

The Customer will then be invited to contact La Fée Maraboutée 's Customer Service to find out the reasons for this, and together find a solution to finalise the order.

5.2 - Order confirmation

As soon as the Customer's payment has been accepted, the Customer will receive an e-mail confirming the order and summarising all the items ordered, the billing and delivery address and the delivery date.

Validation of the order by the Customer and confirmation of the order sent to the Customer by email by LA FÉE MARABOUTÉE following acceptance of payment constitute the conclusion of a sales contract between the parties and acceptance of these GTCS.

Customers who have placed an order will be able to print their invoice by logging on to the Site in the order tracking area provided for this purpose.

LA FÉE MARABOUTÉE reserves the right not to validate the order in the event of :

abnormal or abusive claims,
abnormal orders in relation to the quantities ordered,
abnormal or abusive exchanges and returns,
existing dispute(s) with the customer.

LA FÉE MARABOUTÉE 's customer service is available to the Customer for any questions relating to their order.

Customer Service is available by telephone on +33 (0) 4 77 23 69 89 from Monday to Friday, 9am to 12.30pm and 1.30pm to 5pm, and by e-mail at the following address serviceclients@lafeemaraboutee.fr

5.3.1 - Paiement

The price of the items purchased is payable in full on the day the order is placed by the Customer. Payment is made online by credit card (Carte Bleue, Visa, Eurocard/Mastercard/American Express/Paypal) when the Customer confirms the order.

The direct debit authorisation request is made when the order is validated on the Site, except in the event of server unavailability. LA FÉE MARABOUTÉE reserves the right to make a new direct debit authorisation request if the first request is unsuccessful due to server unavailability.

In the event of non-payment, an incorrect address or any other problem with the Customer's account, LA FÉE MARABOUTÉE reserves the right to block the Customer's order until the problem has been resolved.

In the event of fraudulent use of his/her bank card on the Site, the Customer is invited to contact LA FÉE MARABOUTÉE on the following number: +33 (0) 4 77 23 69 89 from Monday to Friday, from 9am to 12.30pm and from 1.30pm to 5pm or by e-mail at the following address serviceclients@lafeemaraboutee.fr

LA FÉE MARABOUTÉE uses all necessary means to ensure the confidentiality and security of bank details transmitted on the Site. The Site is equipped with a secure online payment system which encrypts the Customer's data. Payment information is transmitted in accordance with the highest security standards. The transmission of bank details is guaranteed by LA FÉE MARABOUTÉE's partner: HIPAY (HIPAY being a technical service provider, it does not handle any disputes relating to orders, which are handled directly by LA FÉE MARABOUTÉE as specified above or, where applicable, by the Customer's bank).

All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer) protocol: this data cannot be detected, intercepted or used by third parties. At no time does the Customer's financial data pass through LA FÉE MARABOUTÉE's computer system. HIPAY checks that the connection with the Customer's browser is secure before sending the payment form to the banking institution which carries out the financial transaction.

In accordance with the provisions of article L.221-11 of the French Consumer Code, the Customer will receive, at the latest at the time of delivery, written confirmation of the price paid for each item, detailing the price of the items and any delivery charges payable by the Customer.

5.3.2 - Payment in 3 instalments

If you pay for your order in instalments, you accept Alma's general customer conditions and Alma's special conditions for La Fée Maraboutée customers.

DEFINITIONS

Words beginning with a capital letter in the General Conditions and Special Conditions have the following definitions:

Seller: Any legal entity selling goods or services.
Service provider: Alma SAS, with capital of €236,426.33, whose registered office is at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered in the Nanterre Trade and Companies Register under number 839 100 575.
Customer: natural person of legal age or legal entity paying for purchases from the Seller via the Service Provider's payment service.
Accepted countries: List of countries from which the Customer's means of payment must originate. Unless otherwise stated in the Special Terms and Conditions, this refers to France only.

OBJECT

Payment in instalments" is a payment facility granted by the Vendor to the Customer allowing payment of the order to be spread over several instalments (2, 3 or 4 instalments depending on the Vendor's choice). This payment facility does not fall within the scope of consumer credit regulations (cf. art. L311-3 of the French Consumer Code).

The Service Provider provides technical support to the Seller and the Customer for the implementation and management of this payment facility.

CONDITIONS

Access to the payment facility is reserved for individuals (natural persons of legal age) and professionals (legal entities) residing in an Accepted Country.

These persons must hold a Visa, Mastercard, American Express or Cartes Bancaires bank card issued in an Accepted Country, or a bank account held by a bank domiciled in an Accepted Country. In the case of payment by card, the card must be valid for at least one month after the last due date of the payment facility. Cards with systematic authorisation, credit cards, prepaid cards, virtual cards or cards issued in a country that is not on the list of Accepted Countries are not accepted.

Access to the payment facility service is subject to the decision of Alma, which may refuse access to the Customer, in particular in the event of suspected fraud or risk of non-payment.

The Service Provider may request further information from the Customer in order to authorise access to the payment facility. This request may concern the Customer's identity document or a request for access to the Customer's bank account.

The Customer undertakes to allow the Service Provider to debit the amounts due from its bank account on the dates specified in the Special Terms and Conditions.

The Customer consents to the Vendor's claim against it being assigned to a third party.

EFFECTIVE DATE

The Customer requests access to the payment facility by clicking on the "Pay in several instalments" (or "Pay in 2 instalments", "Pay in 3 instalments") button on the Service Provider's interface. Where applicable, the Customer may be asked to sign.

The Seller indicates its agreement to this payment facility by the message "Payment accepted" or "Accepted" on the Service Provider's interface. The Customer's order is then validated and the payment facility takes effect immediately.

CANCELLATION

Individual customers have a period of fourteen calendar days from receipt of their order in which to withdraw. During these fourteen days, they may:

Cancel the purchase: the payment facility will then be cancelled and all sums already paid to the Vendor by the Customer will be refunded;
Waive the payment facility granted by the Seller and decide to pay cash, by contacting the Service Provider directly at the following address support@getalma.eu.

In the event of withdrawal, any costs paid by the Customer will be reimbursed (excluding the cost of returning the order). If they meet the withdrawal application conditions described in article L121-16-1 of the French Commercial Code, Professional Customers also benefit from a right of withdrawal for a period of fourteen calendar days, under the same terms and conditions as for Private Customers.

ANNULATION

If all or part of the order is cancelled in accordance with the Seller's general terms and conditions, the amount of the payment facility will be revised accordingly to bring it into line with the new amount due.

Where applicable (e.g. in the event of total cancellation of the order), the Vendor shall reimburse the Customer for any overpayments.

CANCELLATION

In the event of non-payment by the Customer on the due date of an amount due, the Vendor may cancel the offer of a payment facility and demand immediate payment of the entire amount still due.

Similarly, the Seller may cancel the offer in the event of a false declaration by the Customer (personal information, bank details). Immediate payment of the full amount due may then be required.

In the event of bank fraud, organised fraud or proven non-payment, the Service Provider may take the following action:

early debit of funds on all cards connected to the Customer ;
freezing the Customer's funds in order to recover the default;
freezing the Customer's funds to allow further investigation;
request cancellation of the sale from the Seller.

Funds or bank cards are deemed to be 'connected' to a Customer when the Service Provider has sufficient evidence to corroborate a link. In order to prove its good faith, the Service Provider will endeavour to document all the elements that made these connections possible, in particular in order to be able to produce them in court.

The freezing of funds may be applied for a period of up to 180 days (particularly in the event of the use of falsified documents) to enable the Service Provider's teams to carry out the necessary investigations to establish the facts. At the end of this period, the funds will be refunded to the Customer free of charge or retained to cover a default by the Customer.

RELATIONS

In order to facilitate and streamline exchanges, the Seller delegates the entire management of the payment facility (control, acceptance, direct debits, reimbursement, collection) to the Service Provider. The Service Provider uses dematerialised communication media.

The Customer may, however, receive these General Terms and Conditions and Special Terms and Conditions on paper if they so request from the Service Provider.

EVIDENCE

The Vendor, the Customer and the Service Provider agree that the data, files, recordings or any operation received or stored on any computer medium of the Vendor or the Service Provider, as well as any exchange between the Customer and the Vendor or the Service Provider carried out by electronic or any other dematerialised means, constitute proof of the payment facility granted.

The Customer acknowledges that clicking on the "Pay in instalments" button, or signing on the Service Provider's interface, constitutes a full and complete commitment on their part.

LATE DE PENALTIES

In the event of a significant delay in payment by the Customer, defined as a delay of more than 15 days on a due date, the Service Provider reserves the right to apply late payment penalties of up to 8% of the outstanding sums.

If the Customer is a company, the minimum amount of the penalty is €40 (flat-rate compensation for collection costs).

Please note: Alma will make every effort to resolve payment defaults amicably without applying these penalties, provided that the Customer cooperates fully in the process of resolving the outstanding amount.

INFORMATIONS, RECLAMATIONS

For any questions relating to these conditions, or in the event of a complaint, the Customer may contact the Service Provider at the following address support@getalma.eu. The Service Provider undertakes to respond within 48 hours.

DATA COLLECTION AND PROCESSING

See our Privacy and Data Management Policy.

SPECIFIC CONDITIONS FOR GERMAN CUSTOMERS

For the purpose of the credit rating/solvency checks of certain customers in Germany, we request data from Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, Germany, on customers' personal address and solvency, which is saved in its database, including score values calculated using actuarial techniques. To permit this, we have credibly demonstrated our legitimate interest in this data. The calculation of the solvency score value also uses address data amongst other things.

Special conditions for La Fée Maraboutée customers

PURCHASE AMOUNT

Only purchases between €200 and €2,000 are eligible for payment in several instalments with Alma at La Fée Maraboutée.

COSTS TO THE CUSTOMER

By paying in instalments with Alma at La Fée Maraboutée, the customer pays no charges.

ACCEPTED COUNTRIES

France

5.4 - Order archiving

The order confirmation is recorded on THE OZ's registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relationship between the Parties.

Article 6. Delivery

La Fée Maraboutée will deliver the order(s) accompanied by a delivery note within a maximum of ten (10) working days for delivery to Metropolitan France, and thirty (30) working days for delivery to any other country, from the day following payment for the order.

From the moment of delivery, the risks are transferred to the Customer.

Any order placed on the Site from Monday to Friday before 12 noon will be processed the same day; after 12 noon, it will be processed the following day. Orders placed after 12 noon on Fridays, Saturdays and Sundays will be processed on the following Monday. Orders placed on public holidays will be processed on the next working day.

If the delivery time is exceeded for reasons other than force majeure, the Customer may request - if he/she so wishes - the cancellation of the sale and obtain a refund of the sums paid for the sale within a maximum period of thirty (30) days.

For orders outside France, when the parcel intended for export reaches its destination, it will be the responsibility of the recipient to pay any taxes or customs duties that apply in the country of destination.

The local authorities may be able to provide the Customer with useful information.

Article 7. Warranty of conformity - Warranty against hidden defects

It is the Customer's responsibility to check the conformity of the items received in fulfilment of their order at the time of delivery. Any anomaly concerning the delivery, such as a damaged parcel, missing item(s), damaged item(s), item(s) not conforming to the order (non-exhaustive list) must be notified within the legal time limits following receipt of the order.

This notification will be sent to the Customer Service of La Fée Maraboutée, by registered letter with acknowledgement of receipt, to the following address

La Fée Maraboutée
Returns department
3 chemin de la chapelle
42300 MABLY (France)

Or by e-mail to the following address serviceclients@lafeemaraboutee.fr

When the Customer acts under the legal warranty of conformity, he :

has a period of two (2) years from the date of delivery of the article in question to take action; and
may choose between repairing or replacing the item concerned, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code.

After these legal deadlines, except in the case of hidden defects, no claim will be accepted by LA FÉE MARABOUTÉE, the items then being deemed to be in conformity.

For all returns of non-conforming items, the Customer must comply with the following procedure:

The Customer must enclose the returns form, previously completed and printed using the returns form accessible from the Customer Area - "My Orders" section.
No returns will be accepted without a duly completed returns form.

Items must be returned either in their original packaging, or in packaging that protects them against any deterioration, with their label and any accessories that allow them to be sold again, to the address given below.

Returns will be accepted in shop.

LA FÉE MARABOUTÉE will be solely responsible for return shipping costs.

When the non-conformity has been established, LA FÉE MARABOUTÉE will offer the Customer a refund of the price of the order (price of the item(s) and delivery costs) as well as the cost of returning the non-conforming item(s), at the latest within thirty (30) days from the date of sending of the notification of the confirmation of the non-conformity by the Customer service.

With regard to the reimbursement of return costs, LA FÉE MARABOUTÉE refers to the price list posted by La Poste on 1st March of the current year (Colissimo delivery without recorded delivery). The Customer must send proof of the return costs incurred to Customer Services, by email or by post (address above).

In the event of abnormal or abusive complaints, LA FÉE MARABOUTÉE may refuse to serve a subsequent order.

LA FÉE MARABOUTÉE reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous Order, who has acted in breach of these GCS, in the event of suspicious returns of Products or more generally in the event of objective suspicion of fraud.

This guarantee does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the items.

In any event, the foregoing provisions are not exclusive of the application of the legal warranty for hidden defects under articles 1641 et seq. of the Civil Code, in accordance with the provisions of article L. 217-4 of the Consumer Code. In this case, the Customer may choose between cancellation of the sale and a reduction in the sale price in accordance with article 1644 of the French Civil Code.

The Customer may exercise these guarantees by sending a request to the Customer Service Department at the following address:

La Fée Maraboutée
Returns department
3 chemin de la chapelle
42300 MABLY (France)

Or by e-mail to the following address serviceclients@lafeemaraboutee.fr

Article 8. Right of withdrawal – Returns

In accordance with current legislation, and in particular with articles L.221-18 to L. 221-28 of the French Consumer Code, the Customer has a period of thirty (30) calendar days from the day following the date of receipt of the item to exercise his right of withdrawal, without having to justify his decision or pay any penalties.

In the case of an order for several items delivered separately, or in the case of an order made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from the day after receipt of the last item in the batch or the last part.

For contracts providing for the regular delivery of items over a defined period, the period runs from the day after receipt of the first item.

In accordance with article L.221-23 of the French Consumer Code, the Customer then has a period of thirty (30) days following notification of his/her decision to withdraw to return the item(s).

For all returns under the right of withdrawal, the procedure below must be scrupulously followed in its entirety:

The Customer must log on to their customer account and make the return request in the "My orders" section and click on "Make a return". The completed and printed returns form can be attached to the parcel.

Items must be returned in their original packaging, with their label and any accessories, in a condition suitable for immediate sale to the following address:

La Fée Maraboutée
Returns department
3 chemin de la chapelle
42300 MABLY (France)

Return postage is free for all orders within mainland France, Belgium and the Netherlands, and outside these areas is at the customer's expense.
The risks associated with the return are the sole responsibility of the customer.

Subject to the aforementioned conditions, LA FÉE MARABOUTÉE will reimburse the amount (including VAT) of the items returned to the Customer (price of the item(s)) excluding return costs.

If the customer returns the entire order, the initial delivery costs will be reimbursed.

The Customer's bank account will be credited with the said amount within fifteen (15) days following the request for return. This period may be extended until LA FÉE MARABOUTÉE has received the item(s) or proof of dispatch.

Article 9. Intellectual property rights

The User acknowledges and accepts that all copyrights, trademarks and other intellectual property rights relating to all information or content appearing on the Website will, at all times, be the property of LA FÉE MARABOUTÉE or that of those who have granted it a licence.

In this respect, Users of the Site are prohibited from extracting, representing, reproducing or, more generally, damaging all or part of the Site.

Article 10. Protection of personal data - cookies

As part of the User's browsing or use of the Website, LA FÉE MARABOUTÉE may process and collect personal data.

The privacy policy forms an integral part of the GTC and provides information on how LA FÉE MARABOUTÉE collects and processes personal data.

The privacy policy and the charter relating to cookies can be consulted at the following address: https://www.lafeemaraboutee.fr/fr/rgpd

In order to exercise the rights provided for by the regulations relating to personal data as explained in the said policy, each User may contact LA FÉE MARABOUTÉE:

by post: La Fée Maraboutée - RGPD - 3 chemin de la chapelle 42300 MABLY (France)
Or by e-mail to the following address rgpd@lafeemaraboutee.fr

Article 11. Amicable settlement of disputes

Under article L. 612-1 of the French Consumer Code, "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to amicably resolving a dispute with a professional".

Disputes falling within the scope of article L. 612-1 of the Consumer Code are those defined in article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract for the sale or supply of services, between a consumer and a professional.

The text covers both national and cross-border disputes.

In application of the aforementioned articles and in accordance with the regulations in force, for any difficulty, La Fée Maraboutée invites the Customer to contact them beforehand at the following address:

La Fée Maraboutée
Returns department
3 chemin de la chapelle
42300 MABLY (France)

Or by e-mail to the following address serviceclients@lafeemaraboutee.fr

In the year following the Customer's request to LA FÉE MARABOUTÉE, in application of article R. 616-1 of the Consumer Code, the Customer may have their request examined by a mediator whose contact details are given below, on the understanding that a dispute may only be examined, save in exceptional circumstances, by one mediator:

Mediation and Arbitration Centre - CMAP
http://www.cmap.fr

For cross-border disputes:

European Consumer Centre France :
europe-consommateurs.eu

The Customer may, at his own expense, be assisted by counsel.

Article 12. Applicable law

These GCS are governed by French law.

Any dispute arising from the formation, interpretation or performance of these GTCs shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Lyon Court of Appeal, notwithstanding plurality of defendants or the introduction of third parties.