General conditions of sale & use
This website is operated by Marion Nails France. On this site, the terms "we", "us" and "our" refer to Marion Nails France .
Marion Nails France offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. here.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("General Conditions of Sale", "General Conditions of Sale and Use" , "Terms"), including any additional terms, conditions and policies referenced herein and/or hyperlinked to. These General Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use.
All new functionalities and all new tools that will be added later to this store will also be subject to these General Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.
GENERAL CONDITIONS OF SALE - CONSUMER CUSTOMER
Article 1 – GENERAL PROVISIONS – SCOPE
1.1 These General Conditions of Sale (“the GCS”) determine the rights and obligations of the parties in connection with the online sale of Products offered by the company operating this website (“the Company”).
1.2 Any Order placed on the marion-nails-france.com website implies the prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These T&Cs therefore form an integral part of the Contract between the Client and the Company. They are fully opposable to the Customer who declares to have read them and to have accepted them, without restriction or reservation, before placing the Order.
1.3 These T&Cs apply to any Order placed by an adult natural person acting as a consumer. The Customer therefore certifies that he is a natural person over the age of 18, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having the full capacity to commit when he places an Order and undertakes to provide truthful elements as to his identity.
1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these GCS, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, artisanal activity; liberal or agricultural, including if they act in the name or on behalf of another professional. Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The GCS applicable to each Order are those in force on the date of payment or of the first payment in the event of multiple payments) of the order. The Company reserves the right to modify them at any time, by the publication of a new version on its website. These T&Cs can be viewed on the Company's website: https://marion-nails-france.com/
Article 2 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
2.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product. Although the Company takes reasonable care to ensure that specifications are accurate, such specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company declines all responsibility for any errors that may be contained in the Specifications. The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the products offered for sale have no contractual value. The period of validity of the product oﬀer as well as their prices is specified on the Company's websites.
2.2 Product Availability
Product offers are valid within the limits of available stocks from our suppliers. This product availability is normally indicated on the specific Product page. However, insofar as the Company does not reserve stock (except in special cases of Products indicated in pre-order on the Product sheet), placing a Product in the basket does not absolutely guarantee the availability of the Product. Product and its price. In the event that a product becomes unavailable after the validation of the Customer's Order, the Company will inform him immediately by email. The Order will be automatically canceled and the Company will refund the price of the Product initially ordered, as well as any amount paid under the Order. However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 3 – PRICE OF PRODUCTS
3.1 Reference prices indicated on the sites
The reference price of the products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the product is commonly sold in a panel of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the product or as soon as the price practiced within the panel of brands is modified.
3.2 Modification of the prices indicated on the sites
The prices of the products are indicated on the product description pages. For orders destined for a member country of the European Union, they are indicated inclusive of tax and include VAT at the rate in force in the country of delivery to the end customer. For orders destined for third countries (including overseas departments and territories), they are indicated exclusive of tax, customs duties and any shipping costs. The Company reserves the right to modify the prices of the products at any time, in compliance with the applicable legislation. The products ordered will be invoiced on the basis of the price in force on the site at the time of the validation of the Order.
3.3 Product prices
The prices of the Products sold through the website are indicated in EURO, including tax (all taxes included). The taxes included correspond to the standard VAT in force in the Customer's country of dispatch. Apart from customers whose delivery address is located in a state of the European Union, the prices of the Products do not include import taxes or customs duties, which must be paid in addition and will be entirely at the responsibility of the Customer, who is liable for these taxes as the recipient of the Product. The prices of the Product(s) do not include the costs of packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
3.4 Payment of fees
For deliveries within the European Union, the prices are indicated including VAT and include VAT at the rate in force in the country of delivery indicated by the customer during the payment process (delivery address) so no tax is required at the time of delivery for Customers whose delivery address is in the European Union. For Customers whose delivery address is outside the European Union, the Customer is solely responsible for the process of declaration and payment of import taxes during the possible customs clearance of the Product. He may be asked to pay import taxes depending on the country in which he is delivered. Insofar as this tax is not the responsibility of the Company, it cannot be required to reimburse this tax. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and sums. They will be the responsibility of the Customer and are his responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Client to inquire about these aspects with the corresponding local authorities.
Article 4 – PAYMENT OF THE PRICE OF THE PRODUCTS
4.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order. The Company may, exceptionally, grant payment in instalments, in particular with regard to the amount to be paid and the knowledge it has of the Client concerned. However, the Company has no obligation to grant such terms of payment. In the event of a particular situation, the Customer may make the request by contacting the Company's Customer Service at the following address firstname.lastname@example.org.
4.2 Payment methods
To pay for his Order, the Customer can choose between different payment methods: Payment by bank card: Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he has the necessary authorizations to pay with the credit card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order. Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process. Payment via Paypal Payment by Paypal is no longer accepted for the moment. It is emphasized that in the event of recourse to this method of payment, the General Conditions of Use of Paypal, which are available on their site, are added to these GCS. Payment by vouchers and/or promotional codes The vouchers and/or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the purchase vouchers and/or promotional codes, the Company may proceed with the outright cancellation of the Order. In general, in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order. The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Client concerning a Previous order. The Company reserves the right to set up an Order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send the Company by email or by post a copy of an identity document, proof of address and a copy of the bank card used for payment. . Precise indications on the exact content of the information requested (to preserve the confidentiality of his data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 5 - DELIVERY - CUSTOMS CLEARANCE - RECEPTION
Before the validation of the Order, the Company communicates to the Customer information concerning the various delivery methods as well as their respective prices. Following the choice of the delivery method by the Customer, the Company communicates to him an estimate of the delivery time. The Company will make every effort to ensure that the Product(s) is (are) delivered no later than the date scheduled for delivery. In the event of difficulty, the Company undertakes to communicate quickly with the Customer to inform him and to seek with him an adequate solution. Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Customer ("Delivery costs"). These delivery costs are included in the final price invoiced to the Customer when placing the Order. On the other hand, any customs fees are not included in the price invoiced to the Customer by the Company. Depending on the methods chosen by the Customer, delivery will be made either to the address mentioned by the Customer, or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the responsibility of the Customer to carefully check the indications communicated for the delivery because he remains solely responsible in the event of non-delivery due to incomplete or erroneous information.
5.2 Customs clearance (for deliveries outside the EU)
Upon purchase, the Customer becomes an importer of the product purchased in his capacity as recipient of the Product. He is therefore in particular responsible for the import process and possible customs clearance of the product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties. The Customer is solely responsible for the process of declaring customs duties during the customs clearance of the Product. These customs duties, which are not invoiced to the Customer by the Company, do not come under the responsibility of the Company. The latter cannot therefore be held liable for reimbursement of these rights.
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged. In the event of finding an anomaly, the Customer must contact the Customer Service of the Company within seven days of the date of receipt of the Product. Any complaint filed after the deadline may not be processed.
Article 6 – WITHDRAWAL
6.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period runs from the receipt of the last Product. In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts: Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; Supply of goods made to the consumer's specifications or clearly personalized; Supply of goods likely to deteriorate or expire rapidly; 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; The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items; Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional; Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency; Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications; Concluded during a public auction.
6.3 Modalities for exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by sending an unambiguous declaration and expressing his intention to withdraw within the 14-day period mentioned above, to the address: email@example.com. The Customer has a period of 14 days from the sending of the notification of his withdrawal to return the Product to the Company in its original packaging, the return costs being the sole responsibility of the Customer. The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow the Company to put them back on sale. In the event of receipt of open, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product. In the event of a return of the Product under the conditions provided for by law, these T&Cs and our return and refund policy, the Company will reimburse all sums paid by the Customer, delivery costs included, within 14 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only refund after receipt and verification of the condition of the returned Product. This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless expressly agreed by the Customer for another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 7 – GUARANTEES
7.1 Legal guarantees
The Company remains liable for defects of conformity of the goods in accordance with the provisions of articles L.217-4 and following of the Consumer Code as well as for hidden defects of the thing sold in accordance with articles 1641 and following of the Civil Code. When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 and following of the Consumer Code), the Consumer Client: Benefits from a period of 2 years from the delivery to act Can choose between the repair or the replacement of the Product, subject to the cost conditions provided for by article L.217-9 of the Consumer Code Is exempted from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods if the Product is new, and during the 6 months following delivery if the Product is sold second-hand. The Customer can also decide to act within the framework of the legal guarantee against hidden defects within the meaning of article 1641 of the Civil Code, the Customer can choose between the resolution of the sale or a reduction of the price, in accordance with the article 1644 of the Civil Code. These legal guarantees apply independently of any contractual guarantee. Reproduction of applicable texts L.217-4 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 carried out under his responsibility. " L.217-5 Consumer Code "The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter has 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. » L.217-9 Consumer Code « In the event of lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. " L.217-12 Consumer Code "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. " 1641 of the Civil Code "The seller is bound by the guarantee on account of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lesser price, if he had known them. » 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. […]”
7.2 Manufacturer's Warranty
Certain Products for sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not a direct party. The existence of this type of guarantee is mentioned, where applicable, on the specific Product page. If the Customer wishes to invoke this guarantee, he must notify the Company by contacting Customer Service and consult the terms and conditions for the application of the guarantee himself, which are generally inserted in the box. regarding the Product. It is recalled that the benefit of the Manufacturer's Warranty does not preclude the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee against hidden defects.
Article 8 - PROTECTION OF PERSONAL DATA
In the context of the commercial relationship, the Company, responsible for processing, collects a certain number of mandatory personal data (including in particular, surname, first name, delivery address, etc. which are mentioned by an asterisk) which are absolutely necessary for the processing of the Order, the management of the commercial relationship, the production of statistics and compliance with the legal and regulatory obligations of the Company. They are kept for 5 years from the end of the Contract. The fact that the Customer does not communicate this information would make it impossible to process his Order. These data are intended for internal use by the Company but may be transmitted to companies which contribute to the performance of the service, including in particular those which ensure the delivery of the Products or ensure the processing of payments. Regarding this personal data, the Customer has several rights: Right of access to personal data concerning him; Right of rectification and deletion if the personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and retention of certain data is prohibited; Right to limit data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations; Right of opposition to the processing of data (in particular in the event of processing for commercial prospecting) Right to formulate post-mortem instructions concerning the storage, erasure and communication of your personal data Right to withdraw consent to the realization of certain processing (processing carried out before the withdrawal of consent remains lawful. To exercise his rights, the Customer may send a request to the Company, by means of an e-mail addressed to firstname.lastname@example.org The request must mention the Customer's e-mail address, surnames, first names, postal address and must be accompanied by a copy of his identity document on both sides.An answer will be sent to him within one month from the receipt of the request.
Article 9 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on the page of a Product, the sale of Products on the site does not entail any transfer of intellectual property on the Products sold. Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No assignment of intellectual property rights is made through these GCS.
Article 10 - FORCE MAJEURE
The Company cannot be held responsible for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 11 – EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary set forth herein, the Company shall under no circumstances be held liable in the event of loss or damage due to improper use of the Product(s) by the Customer, including in particular a modification or alteration of the/ Product(s) not authorized by the Company.
Article 12 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GTC, or generally the applicable legal provisions, without prejudice to any damages that the Company may request. Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site, without the prior authorization of the Company.
Article 13 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions. During each Order, the Order summary is sent by email to the Customer and archived on the Company's website. The archiving of communications between the Company and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, in which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and the Company. They can be produced as proof of the Contract. The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract. The Customer will have access to the archived elements on simple request to the address email@example.com.
Article 14 - NULLITY AND MODIFICATION OF THE GCS
If any of the stipulations of these GCS is void, it will be deemed unwritten, but will not result in the nullity of all the contractual provisions. Any tolerance on the part of the Company, in the application of all or part of the commitments made under these T&Cs, regardless of the frequency and duration, cannot constitute modification of the T&Cs, nor generate a any right for the Customer.
Article 15 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These T&Cs are subject to French and European law. In the event of any difficulty, Customer Service is at your disposal to find an amicable solution. In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/ .