TERMS AND CONDITIONS OF SALE
Clause 1 – APPLICATION FIELD
Our terms and conditions are applicable without any restrictions or reservations at every sale done by GOOD HABITS SAS under its commercial name MUSE & MARLOWE, French joint stock company (RCS of QUIMPER 841 308 711), with a capital of 10.000 € and head office is 29 rue des anciens combattants 29530 PLONEVEZ DU FAOU, to consumers willing to purchase products that are for sale on the seller’s website http://museandmarlowe.com/.
Our terms and conditions of sale are accessible anytime on our website and will prevail, where necessary, over any other versions or contradictory documents.
Clause 2 – AGREEMENT
The applicable terms and conditions of sale are those featuring on the website on the day when the purchase is made. Any modifications of our terms and conditions of sale can be opposable to users from when they are mentioned and cannot be applicated for anterior purchases.
The client must declare to having read and accepted the present terms and conditions before proceeding any order.
Clause 3 – ORDERS
Every order validated by the client is considered as firm and definitive.
Orders being definitive and irrevocable, any request of modification from the Buyer is submit to the acceptation of the Seller.
The Seller compels to deliver a product which conforms to the one ordered.
The Seller has the right to refuse any order for legitimate reasons.
Clause 4 – PRODUCT DESCRIPTION
The products are the ones presented on the Seller’s Website the day of purchase, subject to availability.
Those products can be modified or deleted without previous notice.
The photographs or illustrations occasionally accompanying the products are as loyal as possible but cannot ensure a perfect similarity with the available product.
Clause 5 – PRICE
The price indicated by the Seller at the order time are in Euros, depending on the VAT rate on the day of the order. All rate change will directly affect the prices of the available products. The indicated prices include the order processing costs.
In case of promotional price, the Seller commits to selling at the same price every order made on the period defined for the promotion.
The Seller has the possibility to change his prices at any moment, however the prices on the Seller’s website on the day of the order are the only ones applied to the Client.
The added shipping costs, delivery or stamping (plus any other potential charge the Seller has to support) the Buyer has been informed before processing the order and are fixed on the invoice.
Clause 6 – PAYMENT
The amount is payed at order, except in specific cases previously stipulated by the Seller.
The payment is effective directly when the order is processed by card, transfer or Paypal.
Clause 7 – DELIVERIES
Delivery is the transfer to the Buyer …
La livraison s’entend du transfert à l’Acheteur de la possession physique ou du contrôle du bien
The Seller commit to deliver the products in compliance with the delivery date mentioned on the website for each product. However, delivery time are indicative and can vary depending on the order. They will be specified when order will occur.
If the purchase has not been delivered on the set delivery date mentioned on the invoice, the Buyer can, after demanding the Seller to execute its delivery obligation in a reasonable additional period, cancel the order by sending a letter with acknowledgment of receipt or any other durable support.
7.4 Shipping place
Products are being shipped to the address that has been communicated by the client or at a selected Point Relay.
We ship in France (including Corsica), DOM-TOM and overseas:
- Europe (28 countries): Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Sweden, Switzerland
- Out of Europe: United States, Canada, Australia, China, Japan, Hong-Kong, Singapore, South Korea, Thailand, Taïwan, Viet Nam, India, Russia, Israel, Maghreb,
- And more widely to Africa, Middle East, South America, Asia
7.5 Ways and means of delivery
In case of home delivery, the envelope will arrive directly in the mailbox, if the envelope is not too large. Otherwise, a delivery notice will explain how to proceed to receive your order.
7.6 Lack of delivery
Any lack of delivery will generate the right of resolution of the selling contract.
7.7 Delivery and risk transfer
Lost or damage risks are transferred to the Buyer from the moment they or a third party have designated to take possession of the good.
The good is delivered to the Buyer via a transport company chosen by the Seller and the transfer is at the Seller’s own risks.
When the Buyer entrusts another transport company than the one proposed by the Seller, the risks of damage or loss is transferred to the Buyer when the good leaves the Seller’s office.
7.8 Property transfer
From the delivery date mentioned on the purchase order, the property of the good is transferred to the Buyer, except in cases of pending payment.
Clause 8 – LACK OF PAYMENT
The Seller provides their own right to suspend or cancel the ongoing order deliveries in case of non respect of payment conditions mentioned article 6.
Clause 9 – RETRACTATION/RETURNS/REIMBURSMENTS
In accordance with the article L. 221-18 of the Consumption Code, the Buyer has a 14 days period to use its right of retractation of a contract remotely concluded from the delivery date.
It is not possible to exchange: The Buyer will have to return and proceed a new purchase.
To use the right of retractation or reimbursement, the Buyer must notify its decision of retractation through the online form on museandmarlowe.com (annexe 1) or email us at email@example.com
Products will have to be sent back within 14 days after the Buyer uses its right of retractation at this address: MUSE & MARLOWE 29 rue des Anciens Combattants 29530 PLONEVEZ DU FAOU. The return will be possible thanks to a return label provided by the Seller.
The return fees are not wholly to the charge of the Buyer, SAS GOOD HABITS will give a participation (different amount regarding the geographic zone). The remaining fees will be taken off the amount of reimbursement.
Returning products have to be well wrapped so that they don’t get damaged.
Products should not be used nor worn more than the fitting. They have to be returned complete, in perfect condition. Otherwise, no reimbursement will be possible. Returns without any mentions of the sender (name, address, order number) won’t be processed.
In case of retractation, the Seller will reimburse the amount of the returned product, minus shipping fees, within the 14 days following its reception.
Exceptions to the right of retractation are predicted article L. 221-28 of the Consumption Code.
Clause 10 – LEGAL WARRANTY
The Client benefits from the guarantee of product conformity ensured by the articles L. 211-4 and the following of the Consumerism code. All the products sold by the Seller have the legal guarantee ensured by the articles 1641 and those following of the Civil Code.
10.1 Application of the legal conformity guarantee
If the Buyer wants to apply the non-conformity legal warranty, he/she has to contact the Seller which details are on the website.
When applying the conformity legal warranty, the Buyer:
- Benefits from a 2 years delay from the product delivery to process ;
- Can chose between getting it fixed or replaced, subject to the costs mentioned in article L. 217-9 of the Consumption Code ;
- Has to give evidence of an actual conformity vice during 6 months after delivery date.
10.2 Application of hidden vices warranty
The Buyer can decide to apply to the hidden vices warranty of the sold product according to article 1641 of the Civil Code.
In this hypothesis, he/she can chose between the resolution of the sale or a reduction of the initial price according to article 1644 of the Civil Code.
Clause 11 – PERSONAL INFORMATION
Personal information communicated by the Buyer are registered in a computerized file by XXX
Personal information requested are necessary for making the sale contract, for treatment of the order and for editing invoices.
The Buyer’s personal information are kept if necessary, for the Seller to execute its service, except if:
- The Buyer uses its right of suppression regarding its personal data, according to the following conditions,
- A longer period can be authorized or ordered in virtue of legal or regulatory measure,
During this period, the Seller commits to do its best to protect confidentiality and security of the Buyer’s information, in order to avoid their damaging, erasing or access from non-authorized third parties.
The access to the Buyer’s personal data is strictly limited to the GOOD HABITS SAS employees, and if needs be, to its subcontractors. Those subcontractors are subjected to confidentiality and are not allowed to use the personal data out of the conformity with the contract clauses and practicable law. Except for the cases listed above, GOOD HABITS SAS compel to not sell, rent, give nor give access to third parties without preliminary consent of the Buyer, unless obliged by a legal reason (legal obligation, fraud or abuse fight, exercise of defense rights… etc).
In accordance to updated Informatics and Liberty law from January 6th 1978 and to the European Policy n° 2016/679/UE from 27th of April 2016 (applicable since the 25th of May 2018), the Buyer has a permanent right to access, to modify, to rectify, or to delete his or her collected data simply by contacting the Seller at the following address: firstname.lastname@example.org
For any further information or reclamation, the Buyer can contact the National Commission of informatics and liberty (more info on www.cnil.fr).
When navigating on Muse & Marlowe’s website, cookies are being left on the Buyer’s computer, mobile or tablet.
A cookie is an information left on your device by the website’s server. Some parts of the website can’t function unless the user allows the cookies on their device.
The information collected through cookies are only used to track the traffic volume, type and configuration on the website. This information is used to develop conception and layout, administrative means and planning, and to more generally improve the Seller’s service.
This information will not be kept for more than 13 months, unless agreed upon by the Buyer.
The Buyer can deactivate cookies in the browsing parameters.
More info on https://www.cnil.fr/fr/site-web-cookies-et-autres-traceurs
CLAUSE 12 – INTELLECTUAL PROPERTY
The Buyer has no right to make use of the intellectual and industrial property on products, communication tools, and packaging, GOOD HABITS SAS is the exclusive owner of their rights. Any use in any way by clients of GOOD HABITS or MUSE & MARLOWE brands or any other brand that is the property of GOOD HABITS SAS needs the express and preceding permission from GOOD HABITS SAS itself.
Clause 13 – MEDIATION
In case of contention, the Buyer has to address first and foremost a written reclamation to : MUSE & MARLOWE 29 rue des Anciens Combattants 29530 PLONEVEZ DU FAOU or email to : email@example.com
In case the reclamation fails, the Buyer has the right to freely seek assistance of a mediator that comes within the competency of the Seller, in order to resolve the contention amicably : ASSOCIATION DES MEDIATEURS DE BRETAGNE OUEST « AMBO » (Brest-Quimper-Vannes-Lorient-Saint-Nazaire) – Ordre des Avocats de Lorient, 37 rue Gambetta, 56100 LORIENT – firstname.lastname@example.org
Clause 14 – PRACTICAL LAW – LANGUAGE
From express convention between parties, this contract is ruled and submitted to the French law. Only the French version is admissible in case of contention.
Clause 15 – RULING JURISDICTION
In the absence of amicable agreement, the Buyer can have recourse to the law for any contention regarding the existence, interpretation, conclusion, execution or breach of the contract as well as every document related to this contract.
The ruling jurisdiction will be the one from where the defendant lives or the one from where the item was delivered.