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General Terms and Conditions

 

Article 1. Introductory statement

The Other Store (hereinafter referred to as "The Other Store")'s main activity is the creation and commercial operation of merchant websites including the support of all stages of online sales and the promotion of articles on the internet.

The Other Store has been entrusted by THE MARABOUTE FAIRY the services necessary for the sale of branded items THE MARABOUTE FAIRY on the Internet, and in particular the creation and management of the site www.lafeemaraboutee.fr (hereinafter referred to as "Site").

 

Article 2. Scope

These general conditions of sale (hereinafter referred to as the "CGV") apply as of right to the sale of any item of the brand THE MARABOUTE FAIRY via the Site.

In the context of these T & Cs, the term "User" refers to any person browsing the Site and the term "Client" refers to any person wishing to place or having placed an order on the Site.

The sale is deemed to have been concluded on the date the order is accepted by The Other Store.

Prior to that date, and in accordance with the provisions of Articles L. 112-1, L. 112-2 and L. 141-1 of the Consumer Code, these GTCS are made available to all Customers for information purposes.

The validation by the Customer of any order implies full and complete acceptance of these GTCS.

 

Article 3. Information relating to articles

Items offered for sale by The Fairy Maraboutée are those appearing on the Site on the day of its consultation by the Customer.

Each item will be the subject of a descriptive sheet which, in addition to the photograph, will contain: the price, the sizes and colors available, the composition as well as the particular characteristics.

Minimal differences between an article and its photograph may exist, depending in particular on the resolution and the definition of the colors of the User's screen.

The Fairy Maraboutée undertakes to deliver items that meet the requirements in force relating to the safety and health of persons in accordance with European provisions and in particular the legislation on regulated chemical substances.

 

Article 4. Price

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

They are indicated inclusive of all taxes, excluding delivery costs. The delivery costs are communicated to the Customer on the summary of the order before the validation of the latter and are expressed inclusive of all taxes. These costs are the responsibility of the Customer and are invoiced in addition to the selling price of the items. These prices are, on this date, firm and final.

In the event of an incorrect, obviously derisory price (low price) being displayed, for whatever reason (computer bug, manual error, technical error), the order - even validated by The Other Store - will be canceled. of which the Customer will be informed as soon as possible. In this case, the Customer may, if he wishes, subject to the availability of the items, re-order at the corrected and exact price.

 

Article 5. Orders

5.1 - Ordering

The Customer materializes his order by completing the following 5 steps:

 

  • Step 1: The Customer selects the chosen Products and adds them to his basket after having selected the desired size and color.

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

 

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

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

 

  • Step 3: Once the order has been verified and if necessary modified, the Customer validates his basket in order to finalize his order by clicking again on "order".

 

  • Step 4: The Customer enters his billing and delivery details.

    Apart from the date of birth, additional address and delivery information, all fields are necessary to complete the order, it being specified that unless otherwise specified by the Customer, the billing address will automatically be the same as the delivery address.

    If the Customer has already placed an order on the Site, he has a customer account. In such a case, he will identify himself only with his email address and password.

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

 

  • Step 5: The Customer enters his 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 his bank card number, its validity date as well as the 3 numbers of the visual cryptogram on the back of his card, it being specified that in the event of payment by American Express card, the Customer must communicate 4 digits.

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

    In the event of payment failure, the Customer will have up to 3 attempts to re-enter their bank details. At the end of the 3rd refusal, the Customer will be redirected on the Site to a screen indicating the refusal of payment.

    The Customer will then be invited to contact the Customer service of The Fairy Maraboutée to find out the reasons, and together find a solution to finalize the order.

 

5.2 - Confirmation of the order

Upon acceptance of payment from the Customer, the Customer will receive an email confirming his order, summarizing all the items ordered, the billing and delivery address as well as the date of delivery.

The validation of the order by the Customer and the order confirmation sent to the Customer by e-mail by The Other Store following the acceptance of payment constitute the conclusion of a sales contract between the parties and acceptance of these GTCS.

The Customer who has placed an order will be able to print his invoice by logging into the Site in the order tracking area provided for this purpose.

The Other Store reserves the right not to validate the order in the event of:

  • abnormal or abusive complaints,
  • abnormal orders with regard to the quantities ordered,
  • abnormal or abusive exchanges and returns,
  • existing dispute (s) with the customer.

The customer service of The Other Store is available to the Customer for any questions relating to his order.

Customer service is available by telephone on +33 (0) 4 77 23 69 89 from Monday to Friday, from 8:30 a.m. to 12:30 p.m. and from 1:30 p.m. to 5 p.m. and by e-mail at the following address serviceclients@lafeemaraboutee.fr

 

5.3.1 - Payment

The price of the items purchased is payable in cash, 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) at the time of validation of the order by the Customer.

The request for authorization to debit the card is made at the time of validation of the order on the Site, except in the event of unavailability of the servers. The Other Store reserves the right to proceed with a new direct debit authorization request in the event that the first could not be completed due to unavailability of the servers.

In the event of a payment default, an incorrect address or any other problem on the Customer's account, The Other Store reserves the right to block the Customer's order until the problem is resolved.

In the event of fraudulent use of his bank card on the Site, the Customer is invited to contact The Other Store at the following number: +33 (0) 4 77 23 69 89 from Monday to Friday, from 8:30 a.m. to 12:30 p.m. and from 1:30 p.m. to 5 p.m. or by e-mail at the following address serviceclients@lafeemaraboutee.fr

The Other Store implements all the necessary means to ensure the confidentiality and security of the banking data transmitted on the Site. The Site is equipped with an online payment security system enabling the Customer's data to be encrypted. Payment information is transmitted according to the highest security standards. The transmission of bank data is guaranteed by The Other Store's partner: Adyen (Adyen being a technical service provider, it does not take charge of disputes relating to orders, which are processed directly by The Other Store as specified above or the by the Client's bank).

All information exchanged to process payment is encrypted using SSL (Secure Socket Layer): this data cannot be detected, intercepted or used by third parties. At no time does the Customer's financial data pass through The Other Store's computer system. Adyen verifies that the connection with the Client's browser is secure before sending the payment form to the banking institution carrying out the financial transaction.

In accordance with the provisions of Article L.221-11 of the Consumer Code, the Customer will receive, at the latest upon delivery, for each of the items, written confirmation of the price paid detailing the price of the items and the costs of delivery if necessary charged to him.

5.3.2 - Payment in 3 installments

If you pay for your order in several installments, you accept Alma's general customer conditions as well as the Alma 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 person selling goods or services.
  • Provider: Alma SAS, with capital of € 236,426.33, whose registered office is 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered in the Nanterre Trade and Companies Register under number 839 100 575.
  • Customer: adult natural person or legal person paying for their 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 Conditions, this only concerns France.

OBJECT

The "Payment in several installments" is a payment facility granted by the Seller to the Customer allowing the payment of the order to be spread out in several installments (2, 3 or 4 times according to the choice of the Seller). This payment facility does not fall within the scope of the consumer credit regulations (cf. art. L311-3 of the 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 (adults) and professionals (legal entities) residing in an Accepted Country.

These people must be holders of a Visa, Mastercard, American Express or Bank Card type bank card issued in an Accepted Country, or a bank account held by a bank domiciled in an Accepted Country. In the event of payment by card, it must be valid for at least one month after the date of the last expiry of the payment facility. Cards with systematic authorization, credit, prepaid, virtual or in a country not belonging to the list of Accepted Countries are not accepted.

Access to the payment facility service is subject to the decision of Alma, who may refuse access to it to the Customer, in particular in the event of suspicion of fraud or the risk of unpaid debts.

The Service Provider is likely to request more information from the Customer, in order to authorize his access to the payment facility. This request may concern the Client's identity document or a request for access to the Client's bank account.

The Customer undertakes that the Service Provider can withdraw from his bank account the sums due on the dates provided for in the special conditions.

The Customer agrees that the claim that the Seller has against him may be assigned to a third party.

EFFECTIVE

The Customer materializes his request for access to the payment facility by clicking on the button "Pay in several times" (or "Pay in 2 times", "Pay in 3 times", "Pay in 4 times") on the Provider interface. If necessary, the Customer may be asked to affix his signature.

The Seller materializes its agreement for 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.

WITHDRAWAL

The individual Customer has a period of fourteen calendar days to withdraw from the receipt of his order. During these fourteen days, he can:

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

In the event of a withdrawal, any costs paid by the Customer are reimbursed (excluding the costs of returning the order). If he fulfills the conditions for application of withdrawal described in article L121-16-1 of the Commercial Code, the Professional Client also benefits from a right of withdrawal for a period of fourteen calendar days, under the same terms as for a particular Client.

CANCELLATION

If all or part of the order is canceled in accordance with the Seller's terms and conditions, the amount of the payment facility will be revised accordingly in order to be aligned with the new amount due.

If applicable (for example in the event of total cancellation of the order), the Seller will reimburse the Customer for the overpayment.

TERMINATION

In the event of non-payment by the Customer on the correct date of an amount due, the Seller may terminate the offer of payment facility made and demand immediate payment of the entire amount remaining due.

Likewise, the Seller may terminate the offer in the event of a false declaration on the part of the Customer (personal information, bank details). Immediate payment of the entire amount remaining due may then be required.

In the event of bank fraud, organized fraud or proven payment default, the Service Provider may take the following actions:

  • anticipated debit of funds on all cards connected to the Client;
  • freezing of the Client's funds in order to recover his default;
  • freezing of Client funds in order to allow additional investigations;
  • request for cancellation of the sale to the Seller.

Funds or bank cards are deemed to be 'connected' to a Client as soon as the Service Provider has sufficient elements to corroborate a link. With the aim of proving its good faith, the Service Provider will endeavor to document all the elements that allowed these connections, in particular in order to be able to produce them before a court.

The freezing of funds is likely to be applied for a period of up to 180 days (in particular in the event of the use of falsified documents) in order to allow the Service Provider's teams to carry out the investigations necessary to establish the facts. . At the end of this period, the funds will be refunded to the Client free of charge or kept in order to cover a default of the Client.

RELATIONSHIPS

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

The Customer may, however, receive these general conditions and special conditions on paper if he requests them from the Service Provider.

PROOF

The Seller, the Customer and the Service Provider agree that the data, files, records or any operation received or stored on any IT support from the Seller or the Service Provider, as well as any exchange between the Customer and the Seller or the Service Provider carried out electronically or any other dematerialized means constitute proof of the ease of payment granted.

The Customer acknowledges that clicking on the “Pay in several installments” button, or affixing his signature on the Service Provider's interface, constitutes a full commitment on his part.

LATE PENALTIES

In the event of a late payment characterized 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 penalties of an amount at most equal to 8% of the sums remaining due. .

In the event that the Client is a company, the minimum amount of the penalty is € 40 (fixed compensation for compensation for recovery costs).

Note: Alma will do everything possible to resolve payment defaults amicably without applying these penalties, provided that the Customer fully cooperates in the process of resolving the outstanding payment.

INFORMATION, COMPLAINTS

For any question relating to these conditions, or in the event of a complaint, the Customer can contact the Service Provider at the address support@getalma.eu. The Service Provider undertakes to provide a response within 48 hours.

DATA COLLECTION AND PROCESSING

See our Privacy and data management policy.

CONDITIONS SPECIFIC TO 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

AMOUNT OF PURCHASES

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

CUSTOMER FEES

By paying in installments with Alma at the merchant La Fée Maraboutée, the customer does not pay any fees.

ACCEPTED COUNTRIES

France 

5.4 - Order archiving

The order confirmation is recorded in the records of The Other Store, themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.

 

Article 6. Delivery

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

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

Any order registered on the Site from Monday to Friday before 12 noon will be processed the same day; after 12 hours, it will be processed the next day. Any order placed on Friday after 12 noon, Saturday and Sunday will be processed the following Monday. Orders placed on a public holiday will be processed the following working day.

In the event that the delivery period is exceeded not justified by a case of force majeure, the Customer may request - if it sees fit - the resolution of the sale and obtain, within a maximum period of thirty (30) days, the reimbursement of the sums paid to the occasion of the sale

For orders outside France, when the package intended for export reaches its destination, the recipient will be responsible for paying the taxes or customs duties that apply to the country of destination.

The local authorities can usefully inform the Customer.

 

Article 7. Guarantee of conformity - Guarantee of hidden defects

The Customer is required to check the conformity of the items received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as damaged package, missing item (s), damaged item (s), item (s) not in conformity with the order (non-exhaustive list) must be notified within legal deadlines following receipt of the order.

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

The Fairy Maraboutée  
Returns service
3 chapel path 
42300 MABLY (France)

Or by email to the following address serviceclients@lafeemaraboutee.fr

When the Customer acts as a legal guarantee of conformity, he:

  • has a period of two (2) years from the issuance of the item concerned to act; and
  • may choose between repair and replacement of the item concerned, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.

After these legal deadlines, except hidden defect, no complaint will be accepted by The Other Store, the articles being then deemed to be compliant.

For any return of non-compliant item, the Customer must comply with the following procedure:

  • The Customer must attach to his parcel the return slip previously completed and printed using the return form accessible from the Customer area - “My Orders” section.
    No return will be accepted without the said return form duly completed.

 

  • Items must be returned either in their original packaging or in packaging protecting them against any deterioration with their label and any accessories allowing their re-marketing to the address mentioned below.

Returns or exchanges will not be accepted in store.

The return costs will be the sole responsibility of The Other Store.

When the non-conformity has been noted, The Other Store will offer the Customer the reimbursement of the price of the order (price of (or more) the item (s) and delivery costs) as well as the return costs of (or ) the non-conforming item (s), at the latest within thirty (30) days from the date of dispatch of the notification of the confirmation of the non-conformity by the Customer service.

Regarding the reimbursement of return costs, The Other Store refers to the price list displayed by La Poste on March 1 of the current year (Colissimo delivery without registered mail). The Customer must send proof of the return costs incurred to Customer Service, by email or by post (above-mentioned address).

In the event of abnormal or abusive complaints, The Other Store may refuse to serve a subsequent order.

This warranty 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 above provisions do not exclude the application of the legal guarantee against hidden defects of articles 1641 and following of the Civil Code, in accordance with the provisions of article L. 217-4 of the Code of consumption. In this case, he can choose between the termination of the sale and a reduction of the sale price in accordance with article 1644 of the Civil Code.

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

The Fairy Maraboutée  
Returns service
3 chapel path 
42300 MABLY (France) 

Or by email to the following address serviceclients@lafeemaraboutee.fr

 

Article 8. Right of withdrawal  Returns

In accordance with the legislation in force, and in particular articles L.221-18 to L. 221-28 of the Consumer Code, the Customer has a period of thirty (30) days following receipt of the article to exercise his right of withdrawal, without having to justify his decision or bear penalties.

In the case of an order for several items delivered separately or in the case of an order made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from the receipt of the last item of the lot or the last piece.

For contracts providing for the regular delivery of items for a defined period, the period starts from receipt of the first item.

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

For any return under the right of withdrawal, the procedure below must be fully and scrupulously respected:

  • The Customer must attach to his parcel the return slip previously completed and printed using the return form accessible from the Customer area - “My Orders” section.
    No return will be accepted without the said return form duly completed.

 

  • Items must be returned in their original packaging, with their label and any accessories, in a condition allowing their immediate marketing to the following address:

The Fairy Maraboutée  
Returns service
3 chapel path 
42300 MABLY (France) 

Return costs are free for all orders in mainland France and at the customer's expense for all orders outside mainland France. 
The risks associated with the return are the sole responsibility of the customer.

Subject to the above conditions, The Other Store will refund the amount including tax of the items returned to the Customer (price of the item (s)) excluding return costs.

In the event that delivery costs were included in the amount of the order, these will be refunded at the minimum amount, i.e. € 4.50.

The Customer's bank account will be credited with the said amount within fifteen (15) days of the return request. This period may be extended until receipt of the item (s) by The Other Store or proof of shipment thereof.

 

Article 9. Intellectual property rights

The User acknowledges and accepts that any copyright, any registered trademark and any other intellectual property right relating to all the information or content appearing on the Site will, at all times, be the property of The Other Store or that of those who licensed it.

The User of the Site is prohibited in this regard from extracting, representing, reproducing or more generally damaging all or part of the Site.

 

Article 10. Protection of personal data - cookies

In the context of navigation or use of the Site by the User, The Other Store is required to process and collect personal data.

The privacy policy is an integral part of the GTC; it provides information on how The Other Store collects and processes personal data.

The privacy policy and the cookie charter can be viewed 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 said policy, each User can contact The Other Store:

  • by mail: La Fée Maraboutée - Returns service - 3 chemin de la chapelle 42300 MABLY (France)
  • Or by e-mail to the following address: serviceclients@lafeemaraboutee.fr

 

Article 11. Amicable settlement of disputes

Under Article L. 612-1 of the Consumer Code "Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable termination of the dispute between him and a professional".

Disputes falling within the scope of Article L. 612-1 of the Consumer Code are disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating to on the execution of a contract of sale or supply of services, between a consumer and a professional.

The text covers national disputes and cross-border disputes.

Pursuant to 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:

The Fairy Maraboutée  
Returns service 
3 chapel path 
42300 MABLY (France) 

Or by email to the following address serviceclients@lafeemaraboutee.fr

In the year following the Customer's request to The Other Store services, in application of article R. 616-1 of the Consumer Code, the Customer may have his request examined by a mediator whose contact details are given. below, knowing that a dispute can only be examined, with some exceptions, by a single mediator:

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

For any cross-border dispute:

European Consumer Center France:
europe-consommateurs.eu

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

 

Article 12. Applicable law

These GTC are governed by French law.

Any dispute resulting from the formation, interpretation or execution of these T & Cs falls under the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or warranty claims.