Terms and Conditions
General Terms of Sale
The Les Stocks du Marais website is published by the company SAS Julien, hereinafter referred to as the "Company", the company SAS Julien whose registered office is at 17 Rue Vieille du temple 75004 PARIS, registered with the Paris Trade and Companies Register under number 562 054 361.
The Company's main activity is the marketing of high-end ready-to-wear clothing and fashion accessories, which it distributes under the Les Stocks du Marais brand throughout France.
These general terms and conditions of sale and use define the rights and obligations of the parties in connection with the sale of products to customers and the use of the Website. The customer declares having read and accepted the related rights and obligations.
ARTICLE 1: PURPOSE
These general terms and conditions of sale are applicable to all sales of items bearing the Company's brand name concluded remotely via the Company's Les Stocks du Marais website, identified by the domain name: "www.lesstocksdumarais.com" (hereinafter referred to as the "Site"), to the exclusion of any other online or in-store point of sale:
– by order placement by individual customers acting as consumers (in the sense of law and jurisprudence) and having their usual residence as defined in Article 10 of these general terms and conditions of sale.
– for delivery to the same individual customers for their own account or to any third party of their choice also having their usual residence in the same territories and the quality of consumer (in the sense of law and jurisprudence).
Any sale of items bearing the Company's brands via the Site's Customer Service and/or the Site is subject to these general terms and conditions of sale, which the customer accepts. These may be subject to modifications and updates; the conditions applicable to the order of an item by a customer are those in force on the day of the order.
The customer acknowledges having read these general terms and conditions of sale when validating the order. Any acceptance of their order constitutes acceptance of these general terms and conditions of sale.
ARTICLE 2: ITEMS OFFERED
The items offered are those listed on the Site on the day of the customer's connection and which are indicated as sold by the Company.
Items are offered within the limits of available stock.
Items are offered for sale in the following geographical territories:
France, Europe, International.
Information (denomination, definition, reproduction of items, detailed description: properties, characteristics and composition...) relating to all items bearing the Company's brands offered for remote sale is available, in accordance with applicable legal and regulatory requirements, in all Les Stocks du Marais stores or on the Site.
The photographs accompanying the items are as faithful as possible but cannot ensure a perfect similarity with the item in question.
ARTICLE 3: LIABILITY
While exercising the greatest care and accuracy in posting information, item descriptions and data available on the Les Stocks du Marais Site, as well as in regularly updating them, the Company cannot be held responsible for non-substantial errors that may occur. Similarly, although photographs and other reproductions of items faithfully represent them on the Site and in Les Stocks du Marais stores, within the limits of technology and in compliance with the best market standards, these are nevertheless indicative and have no contractual value.
In any event, in case of non-conformity of the delivered item with its description, the Company undertakes to correct this error, under the conditions of articles 12 and 13 below. More generally, the Company cannot be held responsible for:
– interruptions or delays recorded on the Site due to maintenance work, technical failures, force majeure, third-party actions or any circumstances whatsoever, beyond its control.
– the inability of the customer or the Company to temporarily access the Site, due to events beyond its control, such as computer breakdowns, interruptions of the telephone network, the Internet network, or failure of the customer's Internet reception equipment.
ARTICLE 4: PRE-ORDER CONDITIONS
To place an order on the Site, the customer must be of legal age, have their usual residence as defined in Article 10 of these general terms and conditions of sale, have legal capacity, and hold a bank card as defined in Article 8 below. The buyer, prior to placing their order, declares that the purchase of item(s) on the Site is not directly related to their professional activity and is limited to strictly personal use.
Orders will be accepted within the limits of available stock. For this purpose, the customer is informed at the time of placing the order, on the Site's information page describing each item, of the item's availability.
If, despite the Company's vigilance, the ordered items are no longer available, the Company will inform the customer by any means (phone call or email) as soon as possible and will refund any price charged by credit to the customer's bank account.
The customer undertakes that all information communicated to the Company on the Site as part of the order complies with these general terms and conditions of sale, is complete, accurate, and up-to-date. Failing this, the Company reserves the right to simply cancel the order and payment. In accordance with the provisions of Article L.122-1 of the Consumer Code, the Company will be entitled, concerning retail sales, to refuse any order exceeding the authorized number of items: 5 items.
The Company will also be entitled to refuse any order: (i) placed by a customer with whom there is a dispute concerning the payment of a previous order; or (ii) not conforming to these general terms and conditions of sale.
If the Company finds that the order does not comply with these general terms and conditions of sale (for example: incorrect delivery address, exceeding order thresholds), it will inform the customer within a maximum of six (6) days by phone or email. If the customer fails to correct the erroneous elements or those contrary to these general terms and conditions of sale appearing in their order, the Company reserves the right to simply cancel the order and payment.
ARTICLE 5: ORDERING PROCESS
Placing an order on the Site is subject to strict adherence to the procedures described below, also materialized by a succession of different screens on which the successive phases that the customer must imperatively follow to validate their order are indicated.
A - First step: Selection of items by the customer.
On the Site, the customer selects, enters, and validates the identification and quantity of the items they wish to order (whose availability must be confirmed by the Company if necessary); these items are added to their "Cart".
B - Second step: Verification of selected items.
The customer can freely modify their "Cart" composed of selected items online, delete an initially selected item, modify ordered quantities, or add an item by clicking on the corresponding elements made available in the "Cart". Within the "Cart", the price of the items, as defined in Article 7 below, is displayed automatically.
C - Third step: Confirmation of selected items and order validation.
Once the customer has finished their selection and wishes to validate the composition of their "Cart", they must then identify themselves: if they have a customer account with the Company, by their email address (username) and password; if they do not have a customer account with the Company, by their name, their usual residential address to which the order will be billed, their telephone number. The customer must also validate: the delivery address for the order, the amount of shipping costs for the order being specified on this occasion - and finally the chosen payment method. Once all this information has been duly entered and validated, the price of the items, as defined in Article 7 below, as well as the shipping costs are automatically displayed. After communicating their credit card number, in compliance with the conditions of Article 8 below, the customer then clicks on the "Order with payment obligation - VALIDATE" button for their bank account to be debited. The authorization to debit their bank account issued by the customer's bank is displayed. It is recommended that the customer save and/or print a paper copy of the said debit authorization. Upon authorization of the debit of the customer's bank account by their bank, their "Cart" is directly transmitted to the Company's order preparation department, the customer then seeing their order number displayed. This order binds the customer upon receipt by the Company of the "Cart" duly completed and validated by the display of the order registration page.
D - Fourth step: Acknowledgment of receipt of the order by the company.
Within a maximum of six (6) days following the display of the order registration page, the Company acknowledges receipt of the order by email sent to the email address provided by the customer. In accordance with the provisions of Article 1369-2 of the Civil Code, the customer formally accepts the use of email for the Company's confirmation of the content of their order. This confirmation email includes all the information communicated by the customer, indicating, where applicable, any difficulties or reservations raised by the order (availability of ordered items, delivery times, or chosen payment method).
It mentions the order number assigned to the customer by the Company. As an exception to the maximum six (6) day period mentioned above, the email acknowledging receipt of orders with payments made with an international bank card issued by a bank domiciled outside France will only be sent by the Company once its bank account has been credited with the sums due by the customer.
ARTICLE 6: PROOF OF ORDER
Generally, it is expressly agreed between the Company and the customer that emails will serve as proof between the parties, as will the automatic recording systems used on the Site, particularly regarding the nature and date of the order.
However, for orders placed on the Site, it is recommended that the customer also keep a copy (in electronic format and/or on paper) of the elements relating to their order (for example, the email sent by the Company in accordance with Article 5-D above).
ARTICLE 7: PRICE
Prices displayed on the Site are indicated in Euros and include all taxes (TTC), excluding delivery costs. Prices take into account the applicable VAT and any applicable reductions on the day of the order. For deliveries outside French territory, the provisions of the General Tax Code relating to VAT as well as customs duties will apply. The prices charged are those in force on the date of the order. The amount of delivery costs related to the delivery of items will automatically be displayed on the Site when validating the order and will be communicated again to the customer upon confirmation of their order by email. In accordance with the provisions of Article L.121-19 of the Consumer Code, the customer will receive, upon delivery, for each item, written confirmation of the price paid and the delivery costs charged to them.
ARTICLE 8: PAYMENT OF THE PRICE
The customer's purchases are settled by:
– "CB", Visa, Eurocard, Mastercard, Paypal, payment in installments with Alma. Cards issued by banks domiciled outside France must be international bank cards. In this context, the customer undertakes to make payment via a bank card of which they are the personal holder and bearing their identity (surname and first name). The Les Stocks du Marais online store uses the Stripe payment system.
All CB transactions on the Les Stocks du Marais online store are processed by Stripe, a reputable secure online payment system that encrypts data and payment details. The Les Stocks du Marais online store does not retain any credit card numbers. By communicating their bank card number and/or bank details, the customer accepts in advance and without condition that the Company proceeds with the secure transaction.
The customer therefore authorizes their bank in advance to debit their account upon presentation of the records or statements transmitted by the Company, even in the absence of invoices signed by the cardholder.
The authorization to debit the customer's account is always given for the amount of the item(s) purchased as invoiced by the Company. The customer's bank card is debited within a maximum of six (6) days: following the click made on the Site by the customer on the "Order with payment obligation - VALIDATE" button after verification of the conformity of their order with these general terms and conditions of sale, the availability of the item(s), and this, also in case of temporary unavailability accepted by the customer and before the shipment of the item(s) by the Company. In the event that, for any reason whatsoever (opposition, refusal by the issuing center...), the debit of the sums due by the customer proves impossible, the order will not be registered by the Company.
It is the customer's responsibility to save and print their payment certificate if they wish to keep the bank details of their transaction.
ARTICLE 9: RETENTION OF TITLE
The Company reserves ownership of the delivered items until full payment of their price, including principal and interest. Payment is made upon effective receipt of the price. In case of total or partial non-payment, the Company may, without prior notice, reclaim the item(s) that may have been delivered by the Company to the customer.
ARTICLE 10: DELIVERY
Delivery of items can only occur under the following conditions:
– Pick-up at our "Les stocks du marais" stores, the customer will be informed within 24 hours of the store where their order is available for in-store pick-up.
The order is available for pick-up within 15 days. Les Stocks du Marais reserves the right to refund the order once this period has expired.
-At the customer's usual place of residence.
– To the delivery address indicated by the customer when ordering, it being recalled that said address must correspond to the usual place of residence of a third-party beneficiary chosen by the customer or, failing that, to the address of the company within which they carry out their professional activity if it is located in a country defined in the "Delivery Zones and Costs" paragraph of this article – it being understood that it cannot, in any event, be delivered to hotels or post office boxes.
In this regard, the customer undertakes to have communicated, when validating their order, the exact address of their usual residence. The delivery of the items will take place, after the payment of the order amount has been registered, to the delivery address indicated by the customer. In accordance with the provisions of Article L.138-1 of the Consumer Code, the delivery of ordered items will occur either, at the latest within 30 days following the order date; or, within the deadlines of which the customer will be previously informed in case of temporary unavailability of said item accepted by the customer at the time of adding an item to their "Cart" as well as before the acceptance of their order. The company will deliver ordered items from Monday to Friday, except on public holidays.
In case of delivery delay of more than 14 days from the indicated delivery deadline, with the exception of cases of force majeure, the Company will inform the customer by email that delivery will be delayed. The customer can then decide to cancel the order and will send a cancellation notice for the order to the Company by mail or email.
In the event that the order has not yet been shipped upon receipt by the company of the customer's cancellation notice, delivery is blocked, and the customer is refunded any sums debited. In the event that the order has already been shipped upon receipt by the Company of the customer's cancellation notice, the customer can still cancel the order by refusing the package. The Company will then proceed with the refund of the debited sums after receipt of the complete package in its original condition.
ARTICLE 11: INTELLECTUAL PROPERTY
The Site is the exclusive property of the Company, which created and published the web pages, images, source scripts, and the underlying database. Consequently, the customer is prohibited from disseminating or reproducing the Site, in whole or in part, in any form whatsoever. The Company's articles and brand, as well as all illustrations, images, designs, models, and logos appearing on the Company's articles sold remotely, their accessories, or their packaging, whether registered or not, are and shall remain the exclusive property of the Company. Any total or partial reproduction, downloading, modification, or use of these trademarks, illustrations, images, and logos, designs, and models for any reason and on any medium whatsoever, without the express prior written consent of the Company, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo, and more generally any distinctive sign intended to form a composite logo.
Similarly, without the express prior written consent of the Company, the following are strictly prohibited:
– the creation of hypertext links to any of the pages or any of the elements making up the Site.
– any use of the Site, and in particular, use of any of its constituent elements (presented articles, descriptions, prices, data, software, graphics, images, texts, photographs, tools...) for sale or any other directly or indirectly commercial use.
ARTICLE 12: FREE RETURNS
Les Stocks du Marais offers you the possibility to return one or more items free of charge within 30 days from the order date and thus obtain a refund.
Any claim beyond this period cannot be accepted, and Les Stocks du Marais will be released from any responsibility.
The returned item(s) must meet the following conditions:
– Be presented in their original, new condition.
– Be labeled.
– Be accompanied by a copy of your invoice.
The customer will make the request via their personal account in the "orders" section.
Products must be returned in their original packaging, with their label and any accessories, in impeccable condition.
After verifying the returned items, Les Stocks du Marais undertakes to refund the purchase price within 15 days from the receipt of the product(s).
ARTICLE 13: COMPLIANCE
The customer must ensure that the items delivered to them correspond to their order. In the event that the items do not conform to their order, the customer must inform the Company as soon as possible by email at info@lesstocksdumarais.com
Please specify the non-conformity of the item(s) concerned in the order. After agreement from the company, you will receive a return label by email to print and attach to your package for the exchange or refund of the non-conforming item(s).
The items in question must be returned in their original packaging, in perfect condition, complete (accessories, instructions, warranty...) and accompanied by a copy of the invoice.
The Company's articles are subject to the following legal guarantees:
ARTICLE L. 211-4 OF THE CONSUMER CODE:
"The seller is obliged to deliver goods that comply with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was carried out under his responsibility or was entrusted to him by the contract.".
ARTICLE L. 211-5 OF THE CONSUMER CODE:
"To be compliant with the contract, the good must:
1) Be fit for the purpose usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model.
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling.
2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. "
ARTICLE L. 211-12 OF THE CONSUMER CODE:
"The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods."
ARTICLE 1641 OF THE CIVIL CODE:
"The seller is bound by the warranty for latent defects of the sold item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price for it, had he known of them."
ARTICLE 1648, PARAGRAPH 1 OF THE CIVIL CODE:
"The action resulting from redhibitory defects must be brought by the purchaser within a short period, according to the nature of the redhibitory defects."
ARTICLE 14: FORCE MAJEURE
The Company's performance of all or part of its obligations will be suspended in the event of a fortuitous event or force majeure that would hinder or delay its execution. These include, but are not limited to, war, riots, insurrection, social unrest, telephone or computer failures, or serious impairment of the security and coherence of the internet network, strikes of all kinds, and the Company's supply problems. The Company will inform the customer of such a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension of the Company's obligations continues beyond a period of fifteen days, the customer will then have the option to cancel the current order, and a refund will then be made by the Company as soon as possible by credit to the customer's bank account.
ARTICLE 15: NON-WAIVER
The fact that the Company refrains from demanding at a given moment the execution of any of the provisions of these general terms and conditions of sale cannot be interpreted as a waiver of the right to subsequently invoke said total or partial non-execution.
ARTICLE 16: VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
If any of the provisions of these general terms and conditions of sale is declared null and void in whole or in part, the other provisions and the other rights and obligations arising from these general terms and conditions of sale shall remain unchanged and shall continue to apply.
ARTICLE 17: DISPUTE RESOLUTION
These general terms and conditions of sale are executed and interpreted in accordance with French Law. In the event of a difficulty arising during the order or delivery of the Company's articles, the customer will have the possibility, before any legal action, to seek an amicable solution, particularly with the help of a consumer association or any other advisor of their choice.
Any dispute resulting from the formation, interpretation or execution of these general terms and conditions of sale will be under the exclusive jurisdiction of the French courts.
ARTICLE 18: PERSONAL INFORMATION
In accordance with the Data Protection Act of January 6, 1978, as amended in 2004, the customer has the right to access, modify, rectify, oppose, and delete personal data concerning them.
To exercise this right, simply send a letter to Les Stocks du Marais (E SHOP) SAS JULIEN 17 Rue du Vieille du Temple 75004 PARIS
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