Article 1. Introductory statement
THE OZ (hereinafter referred to as “THE OZ”)’s main activity is the creation and commercial operation of commercial websites.
THE OZ was entrusted by LA FÉE MARABOUTÉE with the creation and operations of TMA (Third Party Application Maintenance) 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 item of the brand LA FÉE MARABOUTÉEvia the Site.
In the context of these General Terms and Conditions, the term “User”means any person browsing the Site and the term “Customer” means 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 General Terms and Conditions are made available to any Customer for information purposes.
Validation by the Customer of any order constitutes full acceptance of these General Terms and Conditions.
Article 3. Information relating to articles
The items offered for sale by La Fée 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 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 people in accordance with European provisions and in particular the legislation on regulated chemical substances.
Article 4. Price
Unless expressly stated otherwise, the prices of the items are those appearing on the Site on the day of the order.
They are indicated all taxes included, excluding delivery costs. Delivery costs are communicated to the Customer on the order summary before 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 the event of display of an incorrect, obviously derisory price (low price), whatever the reason (computer bug, manual error, technical error), the order - even if validated by LA FÉE MARABOUTÉE - 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 availability of the items, re-order his order at the corrected and exact price.
Article 5. Orders
5.1 – Placing an order
The Customer completes his order by completing the following 5 steps:
- Step 1: The Customer selects the chosen Products and adds them to their basket after selecting the desired size and color.
The basket located at the top right of the screen informs the Customer that he has taken into account the selections 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 their basket in order to finalize their order by clicking on “order” again.
- Step 4: The Customer enters their billing and delivery details.
Apart from the date of birth, the additional address and the delivery information, all fields are necessary to finalize the order, it being specified 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, 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 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 bank card number, its expiry date as well as the 3 numbers of the visual cryptogram present on the back of their card, it being specified that in the event of payment by American Express card, the Customer must provide 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. After the 3rd refusal, the Customer will be redirected on the Site to a screen informing them of the payment refusal.
The Customer will then be invited to contact La Fée Maraboutée customer service 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 their order, summarizing all the items ordered, the billing and delivery address 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 acceptance of payment constitute the conclusion of a sales contract between the parties and acceptance of these General Terms and Conditions.
The Customer who has placed an order will have the possibility of printing his invoice by connecting to the Site in the order tracking area provided for this purpose.
LA FÉE MARABOUTÉE reserves the right not to validate the order in the event of:
- abnormal or abusive claims,
- abnormal orders with regard to the quantities ordered,
- abnormal or abusive exchanges and returns,
- existing dispute(s) with the customer.
The customer service of the company LA FÉE MARABOUTÉE is available to the Customer for any questions relating to their order.
Customer service is available by telephone 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
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 bank 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. LA FÉE MARABOUTÉE reserves the right to make 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 non-payment, an incorrect address or any other problem on the Customer's account, LA FÉE MARABOUTÉE reserves the right to block the Customer's order until resolution of problem.
In the event of fraudulent use of their bank card on the Site, the Customer 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. 5 p.m. or by email to the following address serviceclients@lafeemaraboutee.fr
LA FÉE MARABOUTÉE implements all necessary means to ensure the confidentiality and security of banking data transmitted on the Site. The Site is equipped with an online payment security system allowing the Customer's data to be encrypted. Payment information is transmitted according to the highest security standards. The transmission of banking data is guaranteed by the partner of LA FÉE MARABOUTÉE: HIPAY (HIPAY being a technical service provider, it does not handle disputes linked to orders, which are processed directly by LA FÉE MARABOUTÉEas specified above or where 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 does the Client's financial data pass through the computer system of LA FÉE MARABOUTÉE. HIPAY verifies that the connection with the Customer'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 shipping costs. delivery if necessary at his expense.
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 Alma's special conditions for La Fée Maraboutée customers.
DEFINITIONS
Words starting with a capital letter in the general conditions and the special conditions have the following definitions:
- Seller: Any legal entity selling goods or services.
- Service provider: Alma SAS, with capital of €236,426.33, whose head 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: an adult natural person or legal entity paying for purchases from the Seller via the Service Provider's payment service.
- Accepted Countries: List of countries from which the Customer's payment method must originate. Unless otherwise stated in the Special Conditions, this concerns France only.
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 the regulations on consumer credit (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 (individuals of legal age) and professionals (legal entities) residing in an Accepted Country.
These people must hold 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. If paying 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, particularly 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 their access to the payment facility. This request may concern the Customer's identity document or a request for access to the Customer's bank account.
The Client undertakes to ensure that the Service Provider can withdraw 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” (or “Pay in 2 installments”, “Pay in 3 installments”) button on the Service Provider’s interface. If applicable, the Customer may be asked to sign.
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 from receipt of his order to withdraw. He can during these fourteen days:
- Proceed to cancel your 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 withdrawal, any costs paid by the Customer are reimbursed (excluding costs of returning the order). If he meets the conditions for withdrawal applications 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 Customer.
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 applicable (for example in the event of total cancellation of the order), the Seller will reimburse the Customer for any 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.
Likewise, the Seller may terminate the offer in the event of a false declaration by the Customer (personal information, banking 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:
- early 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 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 long as the Service Provider has sufficient evidence corroborating a link. With the aim of proving its good faith, the Service Provider will endeavor to document all the elements which enabled these connections, in particular in order to be able to produce them in court.
The freezing of funds may be applied for a period of up to 180 days (particularly in the event of use of falsified documents) in order to allow the Service Provider's teams to carry out the necessary investigations to establish the facts. . At the end of this period, the funds will be refunded to the Client free of charge or retained to cover a default by the Client.
RELATIONS
In order to facilitate and streamline exchanges, the Seller delegates the entire 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 it 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 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 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 serious late payment 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 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 (flat rate compensation for recovery costs).
Please note: Alma will do its utmost to achieve an amicable resolution of payment defaults without application of these penalties, provided that the Customer fully cooperates in the process of resolving the unpaid debt.
INFORMATION, COMPLAINTS
For any questions 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 .
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 .
COSTS FOR THE CUSTOMER
By paying in several installments with Alma at the merchant La Fée Maraboutée , the customer pays no fees.
ACCEPTED COUNTRIES
France
5.4 – Archiving the order
The order confirmation is recorded in the records of THE OZ, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation is considered 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 working days 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 p.m. will be processed the same day; after 12 hours, it will be processed the following 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 following business day.
In the event of exceeding the delivery time not justified by a case of force majeure, the Customer may request - if he wishes - the cancellation of the sale and obtain within a maximum period of thirty (30) days the reimbursement of the sums paid to the opportunity of 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 useful information to 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 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:
La Fée Maraboutée
Returns service
3 chapel road
42300 MABLY (France)
Or by email to the following address serviceclients@lafeemaraboutee.fr
When the Customer acts under the legal guarantee of conformity, he:
- benefits from a period of two (2) years from the delivery of the article concerned to take action; And
- can choose between repair and replacement of the item concerned subject to the cost conditions provided for by article L. 217-9 of the Consumer Code.
After these legal deadlines, unless there is a hidden defect, no complaints will be accepted by LA FÉE MARABOUTÉE, the articles being then deemed to be compliant.
For any return of non-compliant items, the Customer must respect the following procedure:
- The Customer must attach to their package the return form previously completed and printed using the returns form accessible from the Customer area - “My Orders” section.
No returns will be accepted without said return slip 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 their re-marketing to the address mentioned below.
Returns or exchanges will not be accepted in store.
Return costs will be the sole responsibility of LA FÉE MARABOUTÉE.
When non-compliance has been noted, LA FÉE MARABOUTÉE will offer the Customer reimbursement of the price of the order (price of the item(s) and delivery costs) as well as the return costs of the non-compliant item(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 costs, LA FÉE MARABOUTÉE 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 (address mentioned above).
In the event of abnormal or abusive complaints, LA FÉE MARABOUTÉE may refuse to serve a subsequent order.
This guarantee does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the items.
In any case, the preceding provisions are not exclusive of the application of the legal guarantee against hidden defects of articles 1641 et seq. 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 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:
La Fée Maraboutée
Returns service
3 chapel road
42300 MABLY (France)
Or by email to the following address serviceclients@lafeemaraboutee.fr
Article 8. Right of withdrawal – Returns
In accordance with current legislation, and in particular articles L.221-18 to L. 221-28 of the Consumer Code, the Customer has a period of thirty (30) calendar days from the day after the date of receipt of the item to exercise their right of withdrawal, without having to justify their decision or incur 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 runs from the day after receipt of the last item from the lot or the last piece.
For contracts providing for the regular delivery of items during a defined period, the period runs from the day after 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 notification of their decision to withdraw to return the item(s). s).
For any return under the right of withdrawal, the procedure below must be fully and scrupulously respected:
- The Customer must log in to their customer account and make the return request in the “My orders” section and click on “Make a return”. The previously completed and printed return slip can be attached to the package.
- The 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 service
3 chapel road
42300 MABLY (France)
Return costs are free for all orders in mainland France, Belgium and the Netherlands and then outside these areas at the customer's expense.
The risks associated with the return are the sole responsibility of the customer.
Subject to the conditions mentioned above, LA FÉE MARABOUTÉE will reimburse the amount including tax for the items returned to the Customer (price of the item(s)) excluding return costs.
If the customer returns their entire order, the initial shipping costs will be refunded.
The Customer's bank account will be credited with the said amount, within fifteen (15) days following the return request. This period may be extended until receipt of the item(s) by LA FÉE MARABOUTÉE 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 information or content appearing on the Site will, at all times, be the property ofLA FÉE MARABOUTÉEor that of those who granted it a license.
In this regard, the User of the Site is prohibited from extracting, representing, reproducing or more generally damaging all or part of the Site.
Article 10. Protection of personal data – cookies
As part of the User's browsing or use of the Site, LA FÉE MARABOUTÉE is required to process and collect personal data.
The confidentiality policy is an integral part of the General Terms and Conditions; it provides information on how LA FÉE MARABOUTÉE collects and processes personal data.
The privacy policy and the cookie charter 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 LA FÉE MARABOUTÉE:
- by mail: La Fée Maraboutée – RGPD – 3 chemin de la chapel 42300 MABLY (France)
- Or by email to the following address: rgpd@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 amicably resolving 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, involving on the execution of a contract of sale or provision of services, between a consumer and a professional.
The text covers domestic disputes and cross-border disputes.
In application of the above-mentioned articles and in accordance with the regulations in force, for any difficulty, La Fée Maraboutée invites the Customer to contact them in advance at the following address:
La Fée Maraboutée
Returns service
3 chapel road
42300 MABLY (France)
Or by email to the following address serviceclients@lafeemaraboutee.fr
In the year following the Customer's request for the services of LA FÉE MARABOUTÉE, 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 can only be examined, except in exceptional circumstances, 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 an advisor.
Article 12. Applicable law
These General Terms and Conditions are governed by French law.
Any dispute resulting from the formation, interpretation or execution of these General Terms and Conditions falls under the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Lyon, notwithstanding multiple defendants or warranty claims.
