Article 1. Preliminary statement
The company LA FÉE, a simplified joint-stock company with a capital of 4,498,200 euros, registered with the Roanne Trade and Companies Register under number 487 641 664, whose registered office is located at 3 chemin de la chapelle in 42300 MABLY, operating under the name "LA FÉE MARABOUTÉE" (hereinafter "LA FÉE MARABOUTÉE"), offers for sale clothing, shoes and accessories through its website www.lafeemaraboutee.fr.
THE OZ (hereinafter referred to as "THE OZ") has as its main activity the creation and commercial operation of e-commerce websites.
THE OZ has been entrusted by LA FÉE MARABOUTÉE with the creation and TMA (Third-Party Application Maintenance) operations of the site www.lafeemaraboutee.fr (hereinafter referred to as the "Site").
Article 2. Scope of application
These general conditions of sale (hereinafter referred to as the "GTC") apply by right to the sale of any article of the brand LA FÉE MARABOUTÉE via the Site.
Within the framework of these GTC, the term "User" designates any person browsing the Site and the term "Customer" designates 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 Consumer Code, these GTC are made available to any Customer for informational purposes.
The Customer's validation of any order constitutes full and complete acceptance of these GTC.
Article 3. Information relating to articles
The articles offered for sale by LA FÉE MARABOUTÉE are those appearing on the Site on the day it is consulted by the Customer.
Each article will have a descriptive sheet which, in addition to the photograph, will contain: the price, available sizes and colors, composition as well as particular characteristics.
The photographs illustrating the articles are for indication only and do not engage the responsibility of LA FÉE MARABOUTEE. Indeed, slight differences between an article and its photograph may exist, depending notably on the resolution and color definition of the User's screen. Thus, LA FÉE MARABOUTEE cannot guarantee that the reproduction of the colors of the Articles presented on the Site matches the exact colors of said articles.
The Customer is solely responsible for the choice and purchase of an item.
LA FÉE MARABOUTÉE reserves the right to modify or cease marketing items at any time and without notice, without the Customer being able to claim any right to damages.
LA FÉE MARABOUTEE commits to delivering items complying with current regulations relating to the safety and health of persons in accordance with European provisions and notably legislation on regulated chemical substances.
Article 4. Prices
Unless expressly stated otherwise, the prices of items are those shown on the Site interface corresponding to the delivery country on the day of the order.
They are indicated all taxes included, excluding delivery fees. Delivery fees are communicated to the Customer on the order summary before validation and are expressed all taxes included. These fees are borne by the Customer and are invoiced in addition to the sale price of the items. These prices are, at this date, firm and final.
In case of display of an erroneous price, manifestly negligible (bargain price), whatever the reason (computer bug, manual error, technical error), the order - even 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 item availability, reorder at the corrected and exact price.
Article 5. Promotional operations
LA FÉE MARABOUTEE may, on certain occasions, offer promotional operations on the French interface of the Site.
For said promotions, additional conditions to those indicated in these GTC may apply.
The conditions of promotional operations apply as long as the promotion is ongoing and for the Items specifically concerned by the promotion.
Article 6. Orders
6.1 – Order placement
The Customer finalizes their order by completing the following 5 steps:
- Step 1: The Customer selects the chosen Items and adds them to their cart after selecting the desired size and color.
The cart located at the top right of the screen informs the Customer that it has taken into account the selections by indicating the number of Items it contains.
- Step 2: the Customer checks the contents of their cart by clicking on "order" to access the order summary. The Customer can then modify their order (Item, size, quantity).
The total amount including tax of the order, distinguishing on one hand the price due for the Items, and on the other hand the delivery fees, is then indicated in the summary.
- Step 3: Once the order is checked and, if necessary, modified, the Customer validates their cart to finalize their order by clicking again on "order".
- Step 4: The Customer enters their billing and delivery details.
Except for the date of birth, address complement, and delivery information, all fields are required to finalize the order, noting that unless otherwise indicated 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, they have a customer account. In such a case, they will identify themselves only with their email address and password.
The Customer then verifies all information and clicks "validate" to proceed with their 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 card number, expiration date, and the 3 digits of the visual cryptogram on the back of their card, noting that in case of payment by American Express card, the Customer must provide 4 digits.
If the payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.
In case of payment failure, the Customer will have up to 3 attempts to re-enter their bank details. After the 3rd refusal, the Customer will be redirected on the Site to a screen indicating the payment refusal.
The Customer will then be invited to contact the Customer Service of LA FÉE MARABOUTÉE to understand the reasons and find a solution together to finalize the order.
6.2 – Order Confirmation
Upon acceptance of the Customer's payment, the Customer will receive a confirmation email of their order, summarizing all ordered items, the billing and delivery addresses, as well as the delivery date.
The validation of the order by the Customer and the order confirmation sent to the Customer by email by LA FÉE MARABOUTÉE following payment acceptance constitute the conclusion of a sales contract between the parties and acceptance of these GTC.
The Customer who has placed an order will have the option to print their invoice by logging into the Site in the "Order Tracking" area provided for this purpose.
LA FÉE MARABOUTÉE reserves the right not to validate the order in case of:
- abnormal or abusive claims,
- abnormal orders regarding the quantities ordered,
- abnormal or abusive exchanges and returns,
- existing dispute(s) with the client.
The customer service of the company LA FÉE MARABOUTÉE is at the Client's disposal for any questions regarding their order.
Customer service is available by phone at +33 (0) 4 77 23 69 89 from Monday to Friday, from 9 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
6.3.1 – Payment
The price of purchased Articles is payable in full at the time the Client places the order. Payment is made online by bank card (Carte Bleue, Visa, Eurocard/Mastercard/American Express/Paypal) at the time the Client validates the order.
The authorization request for card debit is made at the time of order validation on the Site, except in case of server unavailability. LA FÉE MARABOUTÉE reserves the right to make a new debit authorization request if the first one could not be completed due to server unavailability.
In the event of non-payment, an incorrect address, or any other problem with the Client's account, LA FÉE MARABOUTÉE reserves the right to block the Client's order until the issue is resolved.
In case of fraudulent use of their bank card on the Site, the Client is invited to contact LA FÉE MARABOUTÉE at the following number: +33 (0) 4 77 23 69 89 from Monday to Friday, from 9 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
LA FÉE MARABOUTÉE implements all necessary means to ensure the confidentiality and security of bank data transmitted on the Site. The Site is equipped with an online payment security system that encrypts the Client's data. Payment information is transmitted according to the highest security standards. The transmission of bank data is guaranteed by LA FÉE MARABOUTÉE's partner: HIPAY (HIPAY being a technical service provider, it does not handle disputes related to orders, which are dealt with directly by LA FÉE MARABOUTÉE as stated above or, if applicable, by the Client's bank).
All 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 do the Client's financial data transit through the computer system of LA FÉE MARABOUTÉE. HIPAY verifies that the connection with the Client's browser is secure before sending the payment form to the banking institution that carries out the financial transaction.
In accordance with the provisions of article L.221-11 of the Consumer Code, the Client will receive, at the latest upon delivery, for each of the Articles, written confirmation of the price paid detailing the price of the Articles and any delivery charges borne by them.
6.3.2 – Payment in 3 installments
If the Client opts for payment of the order in several installments, you accept the client general conditions of Alma as well as the special conditions of Alma for LA FÉE MARABOUTÉE clients, reproduced below.
DEFINITIONS
Words starting with a capital letter in the general and special conditions have the following definitions:
- Seller: Any legal entity selling goods or services.
- Provider: Alma SAS, with a capital of 236,426.33 €, whose registered office is 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered with the Nanterre Trade and Companies Register under number 839 100 575.
- Client: adult natural person or legal entity paying for their purchases from the Seller via the Provider's payment service.
- Accepted Countries: List of countries from which the Client's payment method must originate. Unless otherwise stated in the Special Conditions, this is only France.
OBJECT
"Payment in several installments" is a payment facility granted by the Seller to the Client allowing the spreading of the order payment over several installments (2, 3, or 4 times 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 Provider provides technical support to the Seller and the Client for the implementation and management of this payment facility.
CONDITIONS
Access to the payment facility is reserved for individuals (adult natural persons) and professionals (legal entities) residing in an Accepted Country.
These individuals must hold a bank card of the Visa, Mastercard, American Express, or Cartes Bancaires type issued in an Accepted Country, or a bank account held by a bank domiciled in an Accepted Country. In case of payment by card, it must be valid for at least one month after the last installment date of the payment facility. Cards with systematic authorization, credit, prepaid, virtual, or from a country not on the Accepted Countries list are not accepted.
Access to the payment facility service is subject to Alma's decision, which may refuse access to the Client, notably in cases of suspected fraud or risk of non-payment.
The Provider may request additional information from the Client to authorize 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 commits that the Provider may debit their bank account for the amounts due on the dates specified in the special conditions.
The Client agrees that the debt the Seller holds against them may be assigned to a third party.
EFFECTIVE DATE
The Client confirms their request to access the payment facility by clicking the "Pay in installments" button (or "Pay in 2 installments", "Pay in 3 installments") on the Provider's interface. If applicable, the Client may be asked to provide their signature.
The Seller confirms their agreement for this payment facility by the message "Payment accepted" or "Accepted" on the Provider's interface. The Client's order is then validated and the payment facility takes effect immediately.
WITHDRAWAL
The individual Client has a period of fourteen calendar days from receipt of their order to withdraw. During these fourteen days, they may:
- Proceed with the cancellation of their purchase: the payment facility will then be canceled and all amounts already paid to the Seller by the Client will be refunded;
- Waive the payment facility granted by the Seller and decide to pay in full, by contacting the Provider directly at the address support@getalma.eu.
In case of withdrawal, any fees paid by the Client will be refunded (excluding return shipping costs). If the Client meets the withdrawal conditions described in article L121-16-1 of the Commercial Code, the professional Client also benefits from a right of withdrawal within fourteen calendar days, under the same terms as an individual Client.
CANCELLATION
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 adjusted accordingly to align with the new amount due.
If applicable (for example in case of total order cancellation), the Seller will refund the Client any overpayments.
TERMINATION
In case of non-payment by the Client on the due date of an amount owed, the Seller may terminate the offered payment facility and demand immediate payment of the total remaining amount due.
Similarly, the Seller may terminate the offer in case of false declaration by the Client (personal information, bank details). Immediate payment of the total remaining amount due may then be required.
In case of bank fraud, organized scam, or proven non-payment, the Provider may take the following actions:
- advance debit of funds on all cards connected to the Client;
- freezing of the Client's funds to proceed with the recovery of their default;
- freezing of the Client's funds to allow further investigations;
- request for cancellation of the sale with the Seller.
Funds or bank cards are considered "connected" to a Client as soon as the Service Provider has sufficient elements corroborating a link. To prove its good faith, the Service Provider will document all elements that led to these connections, notably to be able to present them in court.
Funds freezing may be applied for a period of up to 180 days (notably in case of use of forged documents) to allow the Service Provider's teams to conduct necessary investigations to establish the facts. At the end of this period, funds will be refunded to the Client free of charge or retained to cover a Client default.
RELATIONSHIPS
To facilitate and streamline exchanges, the Seller delegates the entire management of the payment facility (control, acceptance, debits, refunds, collection) to the Service Provider. The latter uses dematerialized communication media.
However, the Client may receive these general and specific conditions on paper if requested from the Service Provider.
PROOF
The Seller, the Client, and the Service Provider agree that data, files, recordings, or any operation received or stored on any IT medium of the Seller or the Service Provider, as well as any exchange between the Client and the Seller or the Service Provider carried out electronically or by any other dematerialized means, constitute proof of the granted payment facility.
The Client acknowledges that clicking the "Pay in installments" button, or signing on the Service Provider's interface, constitutes full and binding commitment on their part.
LATE PAYMENT PENALTIES
In case of a significant payment delay by the Client, defined as a delay of more than 15 days on a due date, the Service Provider reserves the right to apply late payment penalties up to 8% of the outstanding amounts.
If the Client is a company, the minimum penalty amount is €40 (fixed compensation for collection costs).
Please note: Alma will do everything possible to reach an amicable resolution of payment defaults without applying these penalties, provided the Client fully cooperates in the unpaid debt resolution process.
INFORMATION, COMPLAINTS
For any questions regarding these terms, or in case of a complaint, the Client can contact the Service Provider at the address support@getalma.eu. The Service Provider commits 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 installment payment with Alma at the merchant La Fée Maraboutée.
FEES FOR THE CUSTOMER
By paying in installments with Alma at the merchant La Fée Maraboutée, the customer pays no fees.
ACCEPTED COUNTRIES
France
6.3.3 – Payment by gift card
The la fée maraboutée gift card can be used to pay all or part of your purchases on the lafeemaraboutee.fr website and in participating stores. If the order amount exceeds the value of the gift card, the remaining balance must be paid by another payment method accepted on the site or in the store of use.
In case of return of products purchased on lafeemaraboutee.fr with a gift card, or if an item is missing, the refund may be made to the original payment method and/or by issuing a new gift card corresponding to the refund amount.
6.4 – Order archiving
The order confirmation is recorded in THE OZ's registers, which are themselves kept on a reliable and durable medium. The Customer agrees that the order confirmation shall be considered as proof of the contractual relationship between the Parties.
Article 7. 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) working days for delivery to any other country, starting from the day after payment of 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 p.m. will be processed the same day; after 12 p.m., it will be processed the next day. Any order placed on Friday after 12 p.m., Saturday, and Sunday will be processed the following Monday. Orders placed on a public holiday will be processed the next business day.
In case of delivery delay not justified by a force majeure event, the Customer may request – if they wish – the cancellation of the sale and obtain a refund of the amounts paid within a maximum period of thirty (30) days from the sale.
For orders outside France, when the package intended for export arrives at its destination, it will be the recipient's responsibility to pay any taxes or customs duties applicable in the destination country.
Local authorities can usefully inform the Customer.
Article 8. Guarantee of conformity – Guarantee against hidden defects
The Customer is required to check the conformity of the articles received in execution of their order at the time of delivery. Any anomaly concerning the delivery such as damaged package, missing Article(s), damaged Article(s), Article(s) not conforming to the order (non-exhaustive list) must be reported within the legal deadlines following receipt of the order.
This notification will be sent to Customer Service of LA FÉE MARABOUTÉE, by registered letter with acknowledgment of receipt, either:
- by postal mail at the following address:
La Fée Maraboutée
Returns Department
3 chemin de la chapelle
42300 MABLY (France)
- by email at the following address serviceclients@lafeemaraboutee.fr
When the Customer acts under the legal guarantee of conformity, they:
- has a period of two (2) years from the delivery of the Article concerned to take action; and
- may choose between repair and replacement of the Article concerned subject to the cost conditions provided by article L. 217-9 of the Consumer Code.
After these legal deadlines, except for hidden defects, no claim will be accepted by LA FÉE MARABOUTÉE, the Articles then being deemed compliant.
For any return of a non-compliant Article, the Customer must follow the procedure below:
- The Customer must include in their package the return form previously completed and printed using the return form accessible from the Customer area - “My Orders” section.
No return will be accepted without the duly completed return form.
- The Articles must be returned either in their original packaging or in packaging that protects them from any damage, with their label and any accessories allowing their resale, to the address mentioned below.
Returns will be accepted in store.
Return shipping costs will be exclusively borne by LA FÉE MARABOUTÉE.
Once the non-compliance has been confirmed, LA FÉE MARABOUTÉE will offer the Customer a refund of the order price (price of the Article(s) and delivery fees) as well as the return shipping costs of the non-compliant Article(s), no later than thirty (30) days from the date of sending the notification of confirmation of non-compliance by Customer Service.
Regarding the reimbursement of return shipping costs, LA FÉE MARABOUTÉE refers to the rate schedule displayed by La Poste as of March 1st of the current year (Colissimo delivery without registered mail). The Customer must provide proof of the return shipping costs incurred to Customer Service, by email or by mail (address above).
In case of abnormal or abusive claims, LA FÉE MARABOUTÉE may refuse to fulfill 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 payment of a previous Order, who has acted in breach of these GTC, in case of suspicious return of Products or more broadly in case of objective suspicion of fraud.
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 above provisions do not exclude the application of the legal warranty against hidden defects under articles 1641 and following of the Civil Code, in accordance with article L. 217-4 of the Consumer Code. In this case, the Customer benefits from this warranty for two years from the discovery of the defect. According to article 1644 of the Civil Code, this warranty entitles them to cancel the sale and receive a full refund upon return of the Article, or to a price reduction if the Article is kept.
The Customer may exercise these guarantees by sending their request to Customer Service:
- by postal mail at the following address:
La Fée Maraboutée
Returns Department
3 chemin de la chapelle
42300 MABLY (France)
- by email at the following address serviceclients@lafeemaraboutee.fr
The following provisions are reminded to the Customer:
The consumer has a period of two years from the delivery of the item to enforce the legal warranty of conformity in case a conformity defect appears. During this period, the consumer only needs to prove the existence of the defect and not the date it appeared.
When the sales contract for the item includes the provision of digital content or a digital service continuously for a period longer than two years, the legal warranty applies to this digital content or digital service throughout the agreed provision period. During this time, the consumer only needs to prove the existence of the conformity defect affecting the digital content or service, not the date it appeared.
The legal warranty of conformity obliges the professional, if applicable, to provide all necessary updates to maintain the conformity of the item.
The legal warranty of conformity entitles the consumer to repair or replacement of the item within thirty days following their request, free of charge and without major inconvenience.
If the item is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests repair of the item, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the item.
The consumer may obtain a purchase price reduction by keeping the item or terminate the contract by obtaining a full refund upon return of the item, if:
1° The professional refuses to repair or replace the item;
2° The repair or replacement of the item occurs after a delay of thirty days;
3° The repair or replacement of the item causes a major inconvenience for the consumer, notably when the consumer permanently bears the costs of return or removal of the non-conforming item, or bears the costs of installation of the repaired or replacement item;
4° The non-conformity of the item persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or contract cancellation when the non-conformity defect is so serious that it justifies an immediate price reduction or contract cancellation. The consumer is then not required to request repair or replacement of the item beforehand.
The consumer is not entitled to cancel the sale if the non-conformity defect is minor.
Any period during which the item is immobilized for repair or replacement suspends the guarantee that was running until the delivery of the restored item.
The rights mentioned above result from the application of articles L217-1 to L217-32 of the Consumer Code.
The seller who in bad faith obstructs the implementation of the legal guarantee of conformity faces a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (article L241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the item is kept or a full refund upon return of the item.
Article 9. Right of withdrawal – Returns
9.1 Legal right of withdrawal
In accordance with current legislation, and notably articles L.221-18 to L. 221-28 of the Consumer Code, the Client has a period of fourteen (14) calendar days from the day after the date of receipt of the Article to exercise their right of withdrawal, without having to justify their decision or bear any penalties.
In the case of an order involving several Articles delivered separately or in the case of an order composed of lots or multiple pieces whose delivery is staggered over a defined period, the deadline starts from the day after the receipt of the last Article of the lot or the last Article.
For contracts providing for the regular delivery of Items over a defined period, the period starts from the day after the receipt of the first Item.
The Client then has, in accordance with article L.221-23 of the Consumer Code, a period of fourteen (14) days following the notification of their decision to withdraw to return the Item(s).
9.2 Contractual right of withdrawal
In addition to the legal right of withdrawal granted to consumers, mentioned in clause 9.1 above, the Client has the option to return any Item within 30 days from the day after the date of receipt of the concerned Item.
In case of return of Items under the contractual right of withdrawal after the expiration of the legal withdrawal period, the refund will only cover the amount paid for these Items. Delivery costs will not be refunded to the Client, unless the Client returns the entire order.
The Items must be returned in their original packaging, with their tags and any accessories; only Items returned in their original condition will be accepted and refunded by LA FÉE MARABOUTÉE.
The Client must make only one return per order placed. Thus, all returned Items must be shipped in a single package per order. Therefore, the Client must wait for the complete delivery of their order if it was delivered in multiple shipments/packages.
9.3 Common provisions for legal and contractual withdrawal rights
For any return under the right of withdrawal, the procedure below must be fully and strictly followed:
- The Client must log into their client account and make the return request in the "My orders" section and click on "Make a return." The return form, previously completed and printed, can be included in the package.
- The Items must be returned in their original packaging, with their tags and any accessories, in a condition allowing their immediate resale to the following address:
La Fée Maraboutée
Returns Department
3 chemin de la chapelle
42300 MABLY (France)
Return shipping costs are free for any order in mainland France, Belgium, and the Netherlands, and outside these areas they are the responsibility of the client.
The risks related to the return are the sole responsibility of the client.
Subject to the above conditions, LA FÉE MARABOUTÉE will refund the total price including tax of the returned items to the Client (price of the item(s)) excluding return shipping costs.
If the client returns the entire order, the initial shipping costs will be refunded.
The Client's bank account will be credited with the said amount within fifteen (15) days following the return request. This period may be extended until the receipt of the item(s) by LA FÉE MARABOUTÉE or proof of their shipment.
The Client is informed that Articles ordered on the Site are not eligible for exchange.
The Client who chose delivery in Metropolitan France also has the option to return an Article in a La FÉE MARABOUTÉE branded store, excluding department stores.
To do so, the Client who chose delivery in Metropolitan France must go to a La Fée Maraboutée branded store and present their order number. Articles must be returned in-store in a condition allowing immediate resale.
If the Client who chose delivery in Metropolitan France opts to return the Article in-store, they must not make an online return request.
Article 10. Force majeure
The obligations of LA FÉE MARABOUTÉE shall be automatically suspended, without compensation to the Client, in the event of occurrences beyond its control that prevent, delay, disrupt, or make difficult the execution of its orders or the delivery of Articles due to a force majeure case as defined in article 1218 of the Civil Code.
Force majeure cases notably include the following: war, embargoes, riots, social movements, flooding, fire, bad weather, lightning, epidemics, general failure of electrical or computer systems, accidents or other events causing partial or total work stoppage at LA FÉE MARABOUTÉE or its subcontractors.
Article 11. Intellectual property rights
The User acknowledges and accepts that all copyrights, trademarks, and other intellectual property rights relating to all information or content on the Site shall at all times be the property of LA FÉE MARABOUTÉE or those who have licensed it.
The User of the Site is prohibited from extracting, displaying, reproducing, or more generally infringing on all or part of the Site.
Article 12. Protection of personal data – cookies
In the context of browsing or using the Site by the User, LA FÉE MARABOUTÉE may process and collect personal data.
The privacy policy is an integral part of the CGV; it informs about how LA FÉE MARABOUTÉE 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
To exercise the rights provided by the regulations relating to personal data as explained in the said policy, each User may contact LA FÉE MARABOUTÉE:
- by mail: La Fée Maraboutée – RGPD – 3 chemin de la chapelle 42300 MABLY (France)
- Or by email at the following address: rgpd@lafeemaraboutee.fr
In the context of managing gift card orders, the company GLOBALPOS collects and processes personal data on behalf of la fée maraboutée. This data is retained for a period of 3 years from the date of collection.
Article 13. Amicable dispute resolution - Mediation
Under article L. 612-1 of the Consumer Code "Every consumer has the right to free recourse to a consumer mediator for the amicable resolution of the dispute opposing them to 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, namely contractual disputes concerning the execution of a sales or service contract, opposing a consumer to a professional.
The text covers both national and cross-border disputes.
Pursuant to the above-mentioned articles and in accordance with current regulations, for any difficulty, LA FÉE MARABOUTÉE invites the Client to contact its Returns Department:
- by postal mail at the following address:
La Fée Maraboutée
Returns Department
3 chemin de la chapelle
42300 MABLY (France)
- by email at the following address serviceclients@lafeemaraboutee.fr
Within one year following the Client's request to the services of LA FÉE MARABOUTÉE, pursuant to article R. 616-1 of the Consumer Code, the Client may have their request examined by a consumer mediator whose contact details are provided below, knowing that a dispute can only 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 Centre France:
europe-consommateurs.eu
The Client may, at their own expense, be assisted by a counsel.
Article 14. Applicable law
These GTC are governed by French law.
Any dispute arising from the formation, interpretation, or execution of these GTC shall fall under the exclusive jurisdiction of the courts competent in the relevant jurisdiction.