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General Terms and Conditions

 

Article 1. Introductory statement

THE OZ (hereinafter referred to « THE OZ ») has as its main activity the creation and commercial operation of merchant websites including the management of all stages of online sales and the promotion of items on the Internet.

THE OZ was entrusted by LA FÉE MARABOUTÉE the services necessary for the realization of sales of articles of the brand LA FÉE MARABOUTÉE on the Internet, and in particular the creation and management of the site www.lafeemaraboutee.fr (hereinafter referred to as the « Site »).

 

Article 2. Champs d'application

These general conditions of sale (hereinafter referred to as the « CGV ») apply automatically to the sale of any article of the brand LA FÉE MARABOUTÉE through 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 concluded on the date of acceptance of the order by THE OZ.

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

The validation by the Customer of any order implies full acceptance of these GCS.

 

Article 3. Information relating to the articles

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

Each article 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 color definition of the User's screen.

La Fée 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 otherwise expressly stipulated, 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 all taxes included. These costs are the responsibility of the Customer and are invoiced in addition to the sale price of the items. These prices are, on this date, firm and final.

In case of display of an erroneous price, obviously derisory (low price), whatever the reason (computer bug, manual error, technical error), the order - even validated by THE OZ - will be cancelled, 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, place his order again 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 VAT 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 modified if necessary, the Customer validates his basket in order to finalize his order by clicking again on "order".

 

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

    Apart from the date of birth, additional address and delivery information, all fields are necessary to finalize 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 only identify himself with his email address and password.

    The Customer then verifies 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 expiry date as well as the 3 numbers of the visual cryptogram present 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 the 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 La Fée Maraboutée to find out the reasons, and together find a solution to finalize the order.

 

5.2 - Order Confirmation

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

The validation of the order by the Customer and the order confirmation sent to the Customer by e-mail by THE OZ following the acceptance of the payment are worth conclusion of a contract of sale between the parts and acceptance of the present GCS.

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

THE OZ 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 company's customer service THE OZ 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 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 email 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 OZ reserves the right to proceed with a new request for direct debit authorization in the event that the first could not have succeeded due to the unavailability of the servers.

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

In the event of fraudulent use of his credit card on the Site, the Customer is invited to contact THE OZ 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 email at the following address serviceclients@lafeemaraboutee.fr

THE OZ 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 that encrypts the Customer's data. Payment information is transmitted according to the highest security standards. The transmission of bank details is guaranteed by the partner of THE OZ : Adyen (Adyen being a technical service provider, it does not handle disputes related to orders, which are handled directly by THE OZ as specified above or, where applicable, by the Client's bank).

All the information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol: this data cannot be detected, intercepted or used by third parties. At no time does the Client's financial data pass through the computer system of THE OZ. Adyen verifies that the connection with the Client's browser is secure before sending the payment form to the banking institution that performs 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 installments, you accept Alma's general customer conditions as well as Alma's special conditions for customers of La Fée Maraboutée.

DEFINITIONS

Words starting with a capital letter in the general conditions and the special conditions have the following definitions:

  • Vendor: Any legal person selling goods or services.
  • Service provider: Alma SAS, with a 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 purchases from the Seller via the payment service of the Service Provider.
  • Accepted Countries: List of countries the Customer's payment method must originate from. Unless otherwise stated in the Special Conditions, this applies only to France.

OBJECT

"Payment in installments" is a payment facility granted by the Seller to the Customer allowing the payment of the order to be spread over several installments (2, 3 or 4 installments depending on the Seller's choice). This payment facility does not fall within the scope of consumer credit regulations (see 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 (natural persons of legal age) and professionals (legal persons) residing in an Accepted Country.

These people must hold a bank card such as Visa, Mastercard, American Express or Bank Cards 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 last due date 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, which may refuse access to the Customer, in particular in the event of suspicion of fraud or risk of non-payment.

The Service Provider may request more information from the Client, 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 Client undertakes that the Service Provider may debit the sums due from his bank account on the dates provided for in the special conditions.

The Customer agrees that the claim that the Seller will have 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 "Pay in installments" button (or "Pay in 2 installments", "Pay in 3 installments", "Pay in 4 installments") on the Provider's interface. If necessary, the Customer may be asked to affix his signature.

The Seller materializes his 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.

RETRACTATION

The individual Customer has a period of fourteen calendar days to withdraw from the receipt of his order. He may during these fourteen days:

  • Proceed with the cancellation of his purchase: the payment facility will then be canceled and all the sums already paid to the Seller by the Customer will be refunded to him;
  • Waive the payment facility granted by the Seller and decide to pay 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 to him (excluding the cost of returning the order). If he meets the conditions for applying for withdrawal described in article L121-16-1 of the Commercial Code, the Professional Customer also benefits from a right of withdrawal for a period of fourteen calendar days, according to the same terms as for a particular Client.

CANCELATION

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

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

TERMINATION

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

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

In the event of bank fraud, organized fraud or proven failure to pay, the Service Provider may take the following actions:

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

Funds or bank cards are deemed to be 'connected' to a Client as soon as the Service Provider has sufficient elements corroborating 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 in 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 reimbursed to the Client free of charge or retained in order to cover a default by the Client.

RELATIONS

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

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

EVIDENCE

The Seller, the Customer and the Service Provider agree that the data, files, recordings or any operation received or stored on any computer medium of 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 payment facility granted.

The Client acknowledges that clicking on the "Pay in installments" button, or signing on the Service Provider's interface, constitutes full and complete commitment on his part.

RETARD PENALTIES

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

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

Note: Alma will do its utmost to proceed to an amicable resolution of non-payments without application of these penalties, provided that the Customer cooperates fully within the framework of the process of resolution of the unpaid.

INFORMATIONS, RECLAMATIONS

For any question relating to these conditions, or in the event of a complaint, the Customer may contact the Service Provider at the address support@getalma.eu. The Service Provider undertakes to provide an answer 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 customers of La Fée Maraboutée

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 – Archiving of the order

The order confirmation is recorded in the registers of THE OZ, themselves stored 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 note within a maximum period of ten (10) working days for delivery to Metropolitan France, and thirty (30) days worked for delivery to any other country, from the day following payment of the order.

As 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. Any order placed on Friday after 12 noon, on Saturday and Sunday will be processed the following Monday. Orders placed on a public holiday will be processed the next business day.

In the event of exceeding the delivery time 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, it will be the recipient's responsibility to pay the taxes or customs duties that apply to the country of destination.

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

 

Article 7. Guarantee of conformity – Guarantee against 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 conforming to 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:

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

Or by e-mail at 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 delivery of the article concerned to act; and
  • can choose between the repair and the replacement of the article concerned subject to the cost conditions provided for by article L. 217-9 of the Consumer Code.

After these legal deadlines, except for hidden defects, no complaint will be accepted by THE OZ, the articles then being considered compliant.

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

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

 

  • The items must be returned either in their original packaging or in packaging protecting them against any deterioration with their label and any accessories allowing them to be re-sold to the address given below.

Returns or exchanges will not be accepted in store.

Return costs will be the sole responsibility of THE OZ.

When non-compliance has been observed, THE OZ 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-compliant item(s) ), at the latest within thirty (30) days from the date of dispatch of the notification of confirmation of non-compliance by Customer Service.

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

In the event of abnormal or abusive complaints, THE OZ 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 articles.

In any case, the preceding provisions are not exclusive of the application of the legal guarantee against latent 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 a request to Customer Service at the following address:

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

Or by e-mail at 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 any penalties.

In the case of an order relating to several articles delivered separately or in the case of an order made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last article of the batch or the last piece.

For contracts providing for the regular delivery of articles during a defined period, the period runs from the receipt of the first article.

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 package the return form previously completed and printed using the return form accessible from the Customer space - “My Orders” section.
    No return can be accepted without 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:

La Fée Maraboutée 
Returns department
3 chemin de la chapelle 
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 conditions mentioned above, THE OZ will reimburse the amount including VAT 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 reimbursed 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 article(s) by THE OZ or proof of shipment thereof.

 

Article 9. Intellectual property rights

The User acknowledges and accepts that all copyright, all registered trademarks and all other intellectual property rights relating to all the information or content appearing on the Site will, at all times, be the property of THE OZ or that of those who granted it a license.

The User of the Site is prohibited in this respect 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 OZ is required to process and collect personal data.

The privacy policy is an integral part of the T&Cs; it informs about how THE OZ 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 said policy, each User may contact THE OZ :

  • by post: 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 free recourse 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 the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating on the performance of a contract for the sale or supply of services, between a consumer and a professional.

The text covers national disputes 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 at the following address serviceclients@lafeemaraboutee.fr

In the year following the Customer's request to the services of THE OZ, 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 indicated below, knowing that a dispute cannot be examined, except in exceptional cases, 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 Client may, at his own expense, be assisted by counsel.

 

Article 12. Applicable law

These T&Cs are governed by French law.

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

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