GENERAL CONDITIONS OF SALE
Version updated on 09/16/2020
ARTICLE 1 - DEFINITIONS
In these general conditions of sale, the terms below will have the definition attached to them, unless the context requires otherwise. The singular / plural for each of the defined terms includes its plural / singular when the context requires or allows it:
1.1. Buyer
Refers to any natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity, who orders one or more Product(s) through the Site. This person must be at least eighteen years old and have full legal capacity or if this person is a minor, he must have parental authorization in order to place an Order.
1.2. T&Cs
Refers to these general conditions of sale.
1.3. Order
Means the purchase order of a Buyer relating to one or more Products and communicated through the Site.
1.4. Product
Means a property offered for sale on the Site as defined below.
1.5. Site
Means the merchant site maisonmartinmorel.com on which maison Martin Morel sells the Products, accessible at the following addresses:
French version: https://maisonmartinmorel.com
ARTICLE 2 - APPLICATION AND OPPOSABILITY OF THE GENERAL CONDITIONS OF SALE
2.1. These T&Cs apply automatically to the sale by Maison Martin Morel of Product(s) to any Buyer as part of their Order.
2.2. No particular condition can prevail over the T&Cs. Any contrary condition, in particular of purchase, is unenforceable against Maison F.
2.3. Any Order of Product(s) implies the Buyer's full and unreserved knowledge and acceptance of the GCS. To materialize this acceptance, the Buyer must tick the box provided for this purpose before definitively validating his Order on the Site. Failing this, his Order cannot be taken into account.
2.4. The GCS may be subject to modifications, the applicable conditions are those in force on the Site on the date of placing the Order.
ARTICLE 3 - THE PRODUCTS
3.1. Characteristics / availability of the Products
3.1.1. Maison Martin Morel implements all the means at its disposal to include a precise description of the Products on the Site.
However, the Buyer acknowledges and accepts that minimal differences between the characteristics of the Products (photographs, description of the Products, compositions, colors, etc.) communicated on the Site and those of the Products actually delivered may exist.
3.1.2. All the Products sold by Maison Martin Morel on the Site comply with the French legislation in force and the standards applicable in France.
3.1.3. Maison Martin Morel reserves the right to modify and/or withdraw any information(s) specified on the Site concerning any/all Product(s).
3.1.4. Maison Martin Morel reserves the right to withdraw any Product(s) from sale on the Site.
3.1.5. The Products are offered within the limits of the availability displayed on the Site. In the event of the unavailability of a Product after the final validation of the Order by the Buyer, Maison Martin Morel will inform the Buyer by email of the automatic cancellation of the Order of the unavailable Product. If the Buyer's Order has been debited before the unavailability of the Product is revealed, the Buyer will be refunded the price of the Product to the bank account that was debited, within 8 (eight) working days.
3.2. Product Prices
3.2.1. On the presentation pages of the Site, the price of the Products is indicated excluding delivery costs.
3.2.2. The amount of the delivery costs is indicated to the Buyer at the time of the final validation of his Order on the Site. As part of promotional operations, Maison Martin Morel may reduce or offer free delivery costs.
3.2.3. Maison Martin Morel reserves the right to modify the price of the Products presented on the Site at any time.
3.2.4 The price invoiced by Maison Martin Morel to the Buyer is the price indicated at the time of validation of the basket and in the Order confirmation email sent to the Buyer.
3.2.5. For an Order delivered in the States of the European Union (excluding the United Kingdom) and in Albania, Andorra, Channel Islands (islands), Belarus, Bosnia Herzegovina, Crete, Faroe Islands (islands), Gibraltar, Guernsey, Iceland, Jersey, Kosovo, Liechtenstein, Macedonia, Man (island), Moldova, Montenegro, Norway, Russia, San Marino, Serbia, Switzerland, Ukraine, Vatican:
3.2.5.1. The price of the Products is indicated in euros (€) all taxes included (TTC), excluding delivery costs.
3.2.5.2. The price of the Products takes into account the French VAT applicable on the date of the order. Any change in the applicable rate may be passed on to the price of the Products after the date of entry into force of the new applicable rate.
3.2.6. For an Order delivered to the United Kingdom:
3.2.6.1. The price of the Products is indicated in pounds sterling (£) all taxes included (TTC), excluding delivery costs.
3.2.6.2. The price of the Products takes into account the French VAT applicable on the date of the order. Any change in the applicable rate may be passed on to the price of the Products after the date of entry into force of the new applicable rate.
3.2.7. For an Order delivered to the rest of the world:
3.2.7.1. The price of the Products is indicated in dollars ($), excluding taxes and delivery costs.
3.2.7.2. The Buyer acknowledges and accepts that it will be his responsibility to pay separately all customs duties and all taxes legally payable in his country of delivery.
3.3. Transfer of ownership
The Products remain the entire property of Maison Martin Morel until full payment of the price of the Order by the Buyer, which the Buyer acknowledges and accepts.
ARTICLE 4 - ORDER
4.1. Creation of a customer account/Connection to the customer account
4.1.1 Prior to their first Order on the Site, the Buyer must create a customer account, via the “Register” section of the Site. The Buyer must fully complete the proposed form with the requested data and must provide a valid e-mail address.
4.1.2. The Buyer undertakes to provide Maison Martin Morel with complete and accurate information.
4.1.3. The Buyer is required to update his personal information.
4.1.4. Subsequently, after his first purchase on the Site, and in order to place any new Order on the Site, the Buyer must log in to his customer account, via the "Connect" section on the Site.
4.1.5. Maison Martin Morel may at any time deactivate a Buyer's customer account at its sole discretion, in particular (but not exclusively), in the event of suspicion of the usurpation of the identity of a third party, non-compliance with the GCS , of non-payment of a previous Order.
In addition, a Buyer may ask Maison Martin Morel to deactivate his customer account by writing to contact@maisonmartinmorel.com
4.1.6 It is the Buyer's responsibility to ensure the security of the username and password chosen for the creation of his customer account. Any connection to this account using the Buyer's username and password is presumed to have been made by the latter.
4.2. Placing the Order
All the steps necessary for placing the Order are specified on the Site, the Buyer must follow the online sales path and double-click on "Pay" to finalize his Order definitively.
In order to place an Order, the Buyer must provide a valid delivery address and telephone number. Maison Martin Morel cannot be held responsible for the impossibility of delivering the Product(s) in the event that the Buyer has incorrectly entered his delivery address or any other information.
4.3. Order confirmation
4.3.1. Maison Martin Morel will send the Buyer an email confirming the placing of his Order, provided that the Buyer has indicated a valid email address in his customer account.
4.3.2. In the event of non-receipt of the confirmation email, the Buyer is invited to contact Maison Martin Morel according to the procedures described in article 11 of the GCS.
4.4. Order Tracking
The Buyer can consult the processing status of his Order by contacting Maison Martin Morel by email at contact@maisonmartinmorel.com
4.5 Proof of Orders
It is expressly agreed that the e-mails will prevail between the Parties as well as the automatic registration systems used on the Site, in particular as to the nature and date of the Order.
ARTICLE 5 - PAYMENT
5.1. The Order is payable in cash, in full, on the day it is placed by the Buyer.
5.2. Means of payment
5.2.1. Payment is made online either by Stripe or via PayPal.
5.2.2. Maison Martin Morel reserves the right to modify the authorized means of payment referred to in article 5.2.1.
5.2.3. The Order is debited from the Buyer's account on the day the Order is placed.
5.2.4. Maison Martin Morel will not be required to deliver the products ordered by the Buyer if the latter does not pay the price in full under the conditions indicated above. Payments made by the Buyer will be considered final only after final collection by Maison Martin Morel of the sums due.
5.3. Security and confidentiality of data transmitted online
Maison Martin Morel implements all the means at its disposal, to the extent of technical knowledge, to ensure the security and confidentiality of data transmitted online.
In any event, it is an obligation of means.
5.4. Bill
After dispatch of his Order, the Buyer will have access to his invoice in his customer account on the Site. This invoice will be considered accepted by him after a period of 10 (ten) days from its posting.
ARTICLE 6 - DELIVERY
All delivery times are indicated on the product sheets and in the delivery and exchange section on the site.
The Products will be delivered to the delivery address indicated by the Buyer when entering his Order.
The Buyer can be delivered in France, and in all the countries mentioned on the Site.
ARTICLE 7 - RIGHT OF WITHDRAWAL
7.1. In accordance with article L.221-18 of the Consumer Code, the Buyer has a period of fourteen (14) days from receipt of the Product ordered to exercise his right of withdrawal, without having to justify grounds or to pay penalties.
7.2. The Product must be returned in its complete state, in perfect condition, in its original packaging, with all its accessories and documents and in its original packaging.
7.3. To exercise his right of withdrawal, the Buyer must contact Maison martin Morel by email at contact@maisonmartinmorel.com
or submit the withdrawal form indicated in the appendix by post with acknowledgment of receipt to Maison Martin Morel
57 passage de l'argue 69002 LYON.
The Buyer may also notify Maison Martin Morel of his
desire to exercise his right of withdrawal by any
other means of his choice, by expressing his desire
to withdraw without any ambiguity and by mentioning
the Order concerned by the withdrawal.
7.4. Once the form or the declaration of withdrawal has been sent to Maison Martin Morel, the Buyer must return the Product no later than fourteen (14) days following the communication of his decision to withdraw to Maison Martin Morel.
The Buyer must print the withdrawal form (or email) that he has completed and insert it in the package to be returned to the following address:
Martin Morel House
57 passage de l'argue 69002 Lyon
7.5. Maison Martin Morel recommends that the Buyer keep proof of shipment of the package, because the package remains the responsibility of the Buyer until receipt of the package by Maison Martin Morel.
7.6. The Buyer will be reimbursed for all amounts paid, including delivery costs (with the exception of additional costs arising from the fact that the Buyer may have chosen a delivery method other than the least expensive standard delivery method proposed by Maison Martin Morel).
7.7. This refund will take place no later than fourteen (14) days from the date on which Maison Martin Morel was informed of the Buyer's decision to withdraw.
Maison Martin Morel may defer reimbursement until the Product is recovered or until the Buyer has provided proof of shipment of the Product, the date chosen being that of the first of these facts.
7.8. Maison Martin Morel makes this reimbursement using the same means of payment as that used by the Buyer for the initial transaction, unless the Buyer expressly agrees to Maison Martin Morel using another means of payment.
7.9. The return costs incurred during a withdrawal are the responsibility of the Buyer.
7.10. The right of withdrawal cannot be exercised for contracts listed in article L.221-28 of the Consumer Code, and in particular for contracts:
“(…)
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; (…)
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; (…)»
ARTICLE 8 - CONFORMITY/GUARANTEES
8.1. The Products are guaranteed against defects of conformity and redhibitory defects under the conditions provided for in articles 217-4 and following of the Consumer Code and articles 1641 and following of the Civil Code, annexed to these GCS.
In the event that the Product delivered is defective or non-compliant, the Buyer must inform Maison Martin Morel and return the Product in question to the address given in article 8.4, by filling in the return package with his contact details and the Order reference.
The Buyer will be reimbursed for delivery costs (with the exception of additional costs arising from the fact that the Buyer may have chosen a delivery method other than the least expensive standard delivery method offered by Maison Martin Morel).
8.2. Certain Products are likely to benefit, independently of the legal guarantee referred to in article 9.1, from a commercial guarantee. Where applicable, the scope and duration of this guarantee are specified on the Site.
8.3 Wallpaper complaints
Upon receipt of your order, it is essential to check that none of the rolls are damaged and that the wallpaper and colors are correct. Papers can be rolled in either direction. Before laying, you need to make sure that the pattern is in the right direction. You must check that all the rolls have the same batch number and that the installer has read the installation instructions attached or displayed on our site. We decline all responsibility for defects that were visible before installation.
Once the wallpaper has been applied, we cannot accept responsibility for any errors. You can no longer benefit from our money-back guarantee or exercise your right of withdrawal.
After laying 3 or 4 lengths (1 roll maximum) the installer must inspect the result to ensure that there are no faults. No complaint will be taken into account if several rolls are placed with the same defect.
In the event of wallpaper found to be defective, MMM's liability is limited to the maximum value of the wallpaper invoiced and cannot under any circumstances be extended to any other reimbursement (labour, supplies, damages, etc.). Any complaint must be made by registered letter with A.R. within 10 days of delivery of the goods.
The buyer is the sole judge of the use he makes of the goods ordered. He is solely responsible for the consequences resulting from this use and it is up to him to choose the qualities that suit the destination he intends to give them.
8.4: Differences in shades of color
The seller is responsible for communicating to the customer the essential characteristics of the products.
The photographs in the catalog are as faithful as possible but cannot always ensure perfect similarity with the exact shade of color of the product offered. It is emphasized that computer screens may have significant differences in color rendering.
If the customer wishes to check the precise shade of the color, he is advised to order a sample or to transfer his choice to another product if the sample is not available. The site offers sample ordering for the majority of its products.
Production constraints mean that there may be color variations between different dye baths or manufacturing batches. If the customer wishes to know the exact shade of color he will receive, he must request a sample from stock beforehand with reservation of the desired quantity.
No complaint can be received concerning a difference in shade of color between several batches or manufacturing baths, if the buyer has placed several separate orders.
ARTICLE 9 - LIABILITY/FORCE MAJEURE
9.1. Given the characteristics and limits of the Internet network, Maison Martin Morel declines all responsibility for the consequences of connecting to this network via the Site.
Maison Martin Morel cannot therefore be held liable for damage caused to your computer equipment and the data stored therein, nor for the consequences that may result from this on your personal, professional or commercial activity.
Similarly, Maison Martin Morel cannot be held responsible for incorrect price display if this is due to a computer bug or an intrusion into its computer systems. In such a case, and in particular if the Site displays an identical price for each Product or manifestly incorrect prices, Maison Martin Morel reserves the right to cancel any Order.
Furthermore, Maison Martin Morel cannot be held liable in the event of unavailability of the Site, regardless of the time, reason or duration of this unavailability. Access to the Site may be subject to temporary or permanent suspension without notice.
9.2. Maison Martin Morel cannot be held liable for damages resulting from a fault on the part of the Buyer in the context of the use of the Products.
Maison Martin Morel cannot be held liable if the non-performance or poor performance of its obligations is attributable to a fortuitous event or a case of force majeure, as defined by French case law. Are considered as such, in particular but not exclusively, war, terrorist attack or threat, an explosion, a storm, strikes of any kind.
ARTICLE 10 - INFORMATION/COMPLAINTS
For any information, complaint or question, the Buyer should contact Maison Martin Morel customer service by completing the online form on the Site in the “Contact us” section or by email contact@maisonmartinmorel.com
ARTICLE 11 - INTELLECTUAL PROPERTY
All elements of the Site (in particular but not exclusively, animated or still images, photographs, illustrations, texts, sounds, videos, databases, technical elements of the Site, verbal or semi-figurative or figurative marks, names, acronyms, logos , drawings, models) are protected by the provisions of the Intellectual Property Code and belong to Maison Martin Morel or, where applicable, to the partners/licensees of Maison Martin Morel.
Consequently, any reproduction, direct or indirect, total or partial, of any element of the Site, for any reason whatsoever, on any medium whatsoever, without the prior written consent of Maison Martin Morel, is prohibited.
Any creation of a hypertext link to any page(s) of the Site is subject to the prior written consent of Maison Martin Morel.
ARTICLE 12 - PERSONAL DATA
12.1. The personal data communicated by the Buyer is necessary for the creation of his customer account, as well as for the management of his orders. As such, they are subject to computer processing. The recipients of this data are Maison Martin Morel, its emailing routing provider, its online payment solutions provider and the logisticians in charge of preparing and delivering orders. The data collected is reserved for the management of customer accounts and orders (in particular for the purpose of sending any unsolicited information email relating to the confirmation, shipping, tracking and delivery of orders).
12.2. The bank details communicated by the Buyer, in the event of payment of an order by bank card, are stored in the systems of the online payment solution provider of Maison Martin Morel, and are subject to specific security measures. In accordance with the recommendations of the Commission Nationale de l'Informatique et des Libertés (the "CNIL"), these data are only used and kept for the purposes and for the duration of the transaction and, unless expressly agreed by the Buyer, are definitively erased once the effective payment.
12.3. The e-mail address attached to the Buyer's account when registering on the Site can be used to send information e-mails relating to the processing of the said order. It can also be used to send, by Maison Martin Morel, emails of an advertising, promotional and/or commercial nature subject to the validation by the Buyer of the appropriate box on his account within the Site. Maison Martin Morel reserves the right, except in the event of express notification to the contrary from the Buyer, to send him commercial offers for products and/or services similar to those ordered.
12.4. In accordance with the provisions of Articles 39 and 40 of the Data Protection Act of January 6, 1978 amended in 2004, the Buyer has a right to access, modify, rectify and, where applicable, delete data on re. The Buyer may also, for legitimate reasons, oppose the processing of data concerning him.
Article 13 - VALIDITY OF THE GCS
If any of the provisions of the T&Cs were declared void in whole or in part, the other provisions and the other rights and obligations arising from these T&Cs will remain unchanged and will remain applicable.
Article 14 - NON-WAIVER
The fact that Maison Martin Morel refrains from demanding the execution of any of the provisions of these GCS cannot be interpreted as a waiver to subsequently invoke said total or partial non-execution.
Article 15 - ACCESSIBILITY OF THE T&Cs
The updated version of Maison Martin Morel's T&Cs is constantly accessible online by the Buyer.
Article 16 – APPLICABLE LAW / ATTRIBUTION OF JURISDICTION / MEDIATION
These T&Cs are subject to French law. Any dispute relating to their opposability, their validity, their interpretation and/or their execution and, more generally, any dispute in connection with the sale of the Products will be submitted to the competent courts.
Mediation
As a consumer, if you believe that your rights have been violated, you can send your complaint to the following email address:
contact@maisonmartinmorel.com to seek an amicable settlement.
Also, if your purchase was made on our website, we hereby inform you that, in accordance with European Regulation No. 524/2013, you have the right to request the resolution of your dispute on the platform dedicated to the online resolution of consumer disputes accessible via the following email address: http://ec.europa.eu/consumers/odr/.
ANNEX 1
Article L217-4 of the Consumer Code:
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code:
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Article L217-7 of the Consumer Code:
“The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Article L217-8 of the Consumer Code:
“The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »
Article L217-10 of the Consumer Code:
“If the repair and replacement of the good are impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
Article L217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
Article 1641 of the Civil Code:
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them. »
Article 1644 of the Civil Code:
“(…) the buyer has the choice of returning the item and getting the price refunded, or keeping the item and getting part of the price refunded. »
Article 1648 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
APPENDIX 2
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from your order placed on the Site)
For the attention of Maison Martin Morel 57 passage de l’argue 69002 Lyon.
I hereby notify you of my withdrawal from the contract relating to the sale of the product below:
Ordered on: …………………………………………………………………………………………………………………………… ……..
Received on: …………………………………………………………………………………………………………………………… ………………….
Order number: ………………………………………………………………………………………………………………….
Name of Buyer: …………………………………………………………………………………………………………………… ……….
Buyer's address: …………………………………………………………………………………………………………………… …..
Signature of the Buyer (only in the event of notification of this form on paper):
…………………………………………………………………………………………………………………………… ……………………….
Date : …………………………………………
