GENERAL TERMS & CONDITIONS OF SALE

  1. SUBJECT OF CONTRACT

These general conditions of sale define the rights and obligations of MARSOU and of the Customer in regards to the products presented by MARSOU on its website www.marsou.fr (hereinafter referred to as “the Site”). They apply exclusively between the company MARSOU, 11 rue Mayet, 75006 Paris, Siret: 818 311 524 00016 (hereinafter referred to as “MARSOU”) and any physical human consumer visiting or making a purchase via the website itself (hereinafter referred to as “the Customer”).

On the Site, MARSOU allows the customer to order online products from the brand MARSOU (hereinafter referred to as “the Product(s)”) according to the present terms and conditions.

Any order placed via MARSOU therefore entails the unconditional acceptance by the Customer of these conditions.

MARSOU reserves the right to modify the current general conditions at any time without notice; the applicable conditions are those in effect on the date of the order by the Customer.

The in effect general conditions of sale are available permanently via the following address: http://www.marsou.fr/conditions-generales-de-ventes in a digital format modified for printing and/or downloading, so that the Customer may reproduce or save them at any time.

  1. PRODUCTS AND COMPLIANCE

2.1. The products on sale are presented on the website of MARSOU and accompanied by a description.

2.2. Products offered by MARSOU comply with the applicable standards in France.

Elements such as images, text, graphics and all the information and characteristics illustrating and/or accompanying the products are not contractual, which the Customeracknowledges.

As such, MARSOU does not incur any liability for error or omission of any of these items or in case of modification of said elements by suppliers and/or publishers.

In order to constantly improve its services, the Seller invites the Customer to inform him of any errors he may have found by sending an email to contact@marsou.fr.

Products in the “Last Call” category are discontinued, products are late in production, therefore the displayed prices correspond to the initial price charged on the product at the end of the period, to which a fixed and final reduction is charged.

  1. CLIENT’S OBLIGATIONS 

3.1. The Customer declares be at least 18 years of age and to have the legal capacity or hold parental permission allowing themselves to place an order on the Site.

3.2. The Customer undertakes to provide MARSOU elements of real and necessary information for the performance of the intended service of the present conditions as requested online and relevant to their situation, including a valid first name, last name, address, phone and email address.

The Customer is responsible for any consequences deriving from any false or inaccurate information transmitted in which the return might be unlawful.

3.3. Once the order has been placed, MARSOU addresses an email to the Customer confirming it. It informs of the sending of the Products.

3.4. The Customer may modify their personal information under the “My Account” section.

  1. ORDERS

4.1. All orders will be confirmed after acceptance of payment.

4.2. MARSOU reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.

4.3. MARSOU can accept orders within the limits of available stocks. It informs the Customer of the availability of products sold on the Site at the time of order confirmation.

If, despite the vigilance of MARSOU, products are unavailable, MARSOU will inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and refund, if applicable, the amounts already paid.

The permanent or temporary unavailability does not in any way engage the responsibility of MARSOU, nor does it imply any right to compensation or damages in favour of the Client.

  1. PRICES

5.1. The prices displayed on the Site are indicated in Euros including French tax charges (French VAT and any taxes eventually applicable), excluding shipping costs, order processing costs and packaging costs.

The shipping costs, order processing costs and packaging costs will be included in the basket of the Customer, before final confirmation of the order.

Prices can be modified at any time without notice and especially in the event of change of tax or economic data. The items will be billed based on rates in effect at the time of registration of the order.

  1. DELIVERY

6.1. MARSOU delivers its products within France, to all countries of the European Union and to any country worldwide.

Products are shipped to the shipping address provided by the customer when ordering. The delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are target dates, corresponding to the average processing time and delivery. So that these deadlines are respected, the Customer must ensure that you have provided complete and accurate information concerning the delivery address (such as including: street number, building, stairs, access codes, names and/or interphone numbers, etc.).

In case of late delivery of more than 7 working days, if the product has not been shipped, the Customer may terminate the order by registered letter with acknowledgment of receipt and request a refund of his order.

If the item was shipped before receiving the order cancellation for late delivery of more than 7 days, MARSOU will refund the item and shipping charges upon receipt thereof, complete in its original condition and with all labels intact.

MARSOU undertakes to inform the Customer of the evolution of the order processing.

In case of damaged delivery (already open, missing products…), the Customer shall notify the carrier and MARSOU, by any means, under all reserve within 3 days of receipt of the product.

MARSOU cannot be held responsible for consequences due to delayed delivery that are not of their making.

  1. PAYMENT

Full payment must be made when placing an order. At no time may payments be considered as a deposit or instalments. Customers can pay their order by credit card (Visa, Eurocard/MasterCard, American Express) in accordance with the provisions of this Article.

For all transactions, the Customer will indicate the number on the front of the card, the expiration date of the card and the security code on the back of the card (last three digits).

The communication by the Customer of his or her credit card number is authorization for MARSOU to debit its account by the amount of the order.

No sending of cash on delivery will be accepted, whatever the reason.

MARSOU retains ownership of the item until full payment by the Customer has been made. Purchases are made in a secure manner. Payment solutions adopted by MARSOU are 100% secure. For payments by a banking card (credit card, visa and e-carte bleu), all the information that Customers communicate with MARSOU are strictly protected and guarantee the accuracy and security of each transaction.

  1. EXCHANGE AND RETURNS OF PRODUCTS 

Within fourteen (14) days from receipt of the order, the Customer may request MARSOU to return or exchange the Product(s).

To do this, the Customer must send an e-mail to contact@marsou.fr to exchange or refund the product (s).

The customer shall return at his own expense the product (s) expect in the case where he has received a product with a manufacturing defect or which does not correspond to the customer’s initial order.

The return or exchange is at the risk of the Customer. The Product must be returned within 14 days in its original packaging, in its original condition, new, unworn, unwashed, accompanied by a note from the Customer indicating the reason/the exchange, to the following address:

MARSOU

8 rue Régis

75006 Paris

France

The returned Product will be refunded within a maximum of fifteen (15) days of its receipt by MARSOU by a credit of the amount to be reimbursed to the bank account of the Customer.

Upon non-compliance by the Customer of these conditions, notably of the conditions of return or exchange, MARSOU will not proceed with the refund for the Products concerned.

  1. GUARANTEES AND RESPONSIBILITY

MARSOU only has, for all stages of access to the site, the ordering process for the shipping of the package or subsequent services, an obligation of means. The responsibility of MARSOU cannot be engaged for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses or any other incident of force majeure, according to law and jurisprudence.

MARSOU agrees to only use the confidential information of its Customers in the case of operation of its website.

In order to effectuate the successful processing of an order, the nominative data collected will be subject to a data processing, of which the Customer acknowledges having knowledge.

As such, the information may be disclosed to the technical providers of MARSOU.

Moreover, MARSOU is able to apply technical means in order to obtain non-personal information about users in order to improve the functionality of the site, for example by plotting the number of visitors to certain pages.

According to the law of 6 January 1978 amended by the Act of 6 August 2004, the Customer has a right to access and correct personal data in the files of MARSOU. All requests must be sent by email to: contact@leslipfrancais.fr or by mail to the following address: MARSOU, 11 rue du Mayet, 75006, Paris, FRANCE.

This computer processing has been declared to the Commission Nationale Informatique et Libertés (CNIL) that issued the receipt No. 1517135 v 0 on 29 June, 2011.

  1. INTELLECTUAL PROPERTY

In no case the customer is allowed to download or modify all or part of the Site and its contents (listed products, descriptions, images, videos …).

This site or any portion of this site shall in no case be reproduced, copied, sold or exploited for commercial purposes without the express written permission of MARSOU.

In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property appearing on the site, will remain the full property of MARSOU.

The Customer is therefore obliged to respect intellectual property rights and will not in any way use the trademarks appearing on the site and on the Products in any eventuality, or deposit a trademark that would prejudice the rights of the owner, unless otherwise stated by contract.

It is the same for any other right of intellectual property.

  1. FORCE MAJEURE

In the event of a force majeure event, the party concerned shall notify the other within fifteen (15) days from the occurrence of the event by registered letter with acknowledgment of receipt.

Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the course of jurisprudence and French courts, total or partial strikes, lockouts, riots, boycotts or other actions in industrial or disputes commercial, civil disturbance, insurrection, war, bad weather, epidemics, blockage of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory forms of marketing, computer failure, telecommunications blocking, including wired and wireless telecommunications networks, and other cases independent of the will of the parties preventing normal execution of the contractual relationship.

All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.

If the force majeure event continues for more than three (3) months, the contract concerned shall be terminated automatically without indemnity to one or other of the parties.

  1. GENERAL PROVISIONS

12.1. NON PARTIAL VALIDITY OF CLAUSE

If any provision of these present conditions is declared invalid or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of other stipulations.

12.2. UPDATING

These general conditions can be modified at any time without notice by MARSOU, the applicable conditions are those in effect on the date of the order by the Customer.

These general conditions of sale are available permanently at the following address: http://www.marsou.fr/fr/content/3-conditions-generales-de-ventes in a digital format modified for printing and/or downloading, so the Customer may reproduce or save them at any time.

12.3. APPLICABLE LAW – JURISDICTION

These general conditions are subject to French law concerning the substantive rules as the rules of form. Any dispute will be subject to a preliminary attempt at an amicable settlement.

In the absence of an amicable settlement, jurisdiction is given to the competent French courts, notwithstanding multiple defendants or introduction of third parties.

13.4. REPRODUCTION OF THE APPLICABLE PROVISIONS (2005-136 ORDER OF 17 FEBRUARY 2005, CODE OF CONSUMPTION, CIVIL CODE)

Art. L. 211-4. of the Consumer Code

The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put in his or her charge by the contract or was carried out under his or her responsibility.

Art. L. 211-5. of the Consumer Code

– To comply with the contract, the good must:

  1. Be suitable for the purpose typically expected of a similar property and, where applicable:

– correspond to the description given by the seller and possess the qualities that he has presented to the Customer as a sample or model;

– present the features that a customer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

  1. Or have the features defined by mutual agreement by the parties or be suitable for any special requirement of the customer, made known to the seller and to which the latter agreed.

Art. L. 211-12. of the Consumer Code

The action resulting from lack of conformity lapses two years after delivery of the goods.

Art. 1641 of the Civil Code

The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the customer would not have acquired, or would have paid a lower price if he had known.

Art. 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought to suit by the purchaser within two years after discovery of the defect.

You can contact MARSOU by email at contact@marsou.fr.

All ways are good ways to find your MARSOU:

Bloomer – Romper – Overall – Blouse – Jacket – Toys – Stroller –Deck chair – Bed – Cradle – High chair – Printed – Chic retro.

 

DELIVERY AND RETURNS 

ORDERS ARE PREPARED WITHIN 24 HOURS ORDERING YOUR ORDER (OFF SATURDAY, SUNDAY AND HOLIDAYS).Your package is shipped upon receipt of payment (excluding weekends and bank holidays). You will be notified by e-mail as soon as your package is shipped and you will receive the tracking number of your order to be kept informed of the correct routing of your package.A. MailingAll deliveries are provided by La Poste.The Seller sends the product by Letter followed with follow-up in France (including Overseas), Andorra and Monaco. The tracking number provided by La Poste will be communicated to the Customer by email after sending the order. It is possible to follow the parcel sent with this number on www.coliposte.net. Orders are sent by Letter followed without signature. The letter followed without signature has no guarantee of time or delivery.If the parcel is lost or delayed the Seller declines any responsibility. Any delays or losses do not entitle the Customer to claim damages or cancellation of the order, nor a reduction of the price paid. The delivery time in Metropolitan France guaranteed by La Poste is 2 to 3 working days. Delivery times for shipments outside mainland France are 5 to 10 working days. These delivery times are given for information only and are not guaranteed. They only bind La Poste. For a different shipping type Colissimo with signature an application must be addressed in advance to the Seller by email. Only one place of delivery is allowed per order. If the Customer wishes to make shipments to different places of delivery, he must pass as many orders as destinations, each having its own shipping costs.
DELIVERY IN FRANCE – 1,90 € regardless of the amount of the order Delivery via “Letter followed” without signature.

DELIVERY TO EU COUNTRIES AND SWITZERLAND :

Delivery via PostExport in 2 to 7 days depending on the destination: up to 250g: 4 € TTC

Delivery via PortExport in 2 to 7 days depending on the destination: up to 750g: 8 € TTC

DELIVERY TO THE REST OF THE WORLD Delivery via Letter followed in 4 to 10 days depending on the destination: 12 € TTC up to 2kg (follow on www.laposte.fr/courrierinternational)

B. Withdrawal at the registered office of the mark The Client may come to withdraw the product purchased at the head office of MARSOU, by appointment only. For a withdrawal at the registered office, a request must be addressed by e-mail to the Seller at the time of placing the order to the address contact@marsou.fr.

RETURNS AVAILABLE UNDER 30 DAYS (EXCHANGE OR REFUND) You have received your articles but the size or the cut do not suit you? No worries, you have 30 days from the date of receipt of your parcel to request an exchange or refund.

RETURN PROCEDURE To do this, the Customer will use the return form received with the order and which includes all the indications for the exchange or refund of the Product (s).The Customer shall return at his own expense the Product (s) except in the case where he has received a product with a manufacturing defect or which does not correspond to the Customer’s initial order. In this case, the Customer must contact the customer service at the address contact@marsou.fr to obtain a prepaid return voucher.Return or exchange is at the risk of the Customer. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the return voucher, to the following address:

MARSOU

11 Rue Mayet

75006 Paris

France

In the absence of compliance by the Customer with these conditions, in particular the conditions of return or exchange, MARSOU will not proceed to the refund of the Products concerned.

WHAT TIME Upon receipt of your parcel, we will send you an e-mail confirming the reception by us.In the case of an exchange, it will be processed as soon as possible according to availability of the products within a maximum delay of 15 days following the reception of your articles. In case of unavailability of the items, we will contact you to inform you.In the case of a refund request, this will be done within 15 days of receipt of your items and automatically on the account associated with the credit card used at the time of payment or on the Paypal account used for payment. In the case of a payment by check or transfer, we will contact you to define the means of refund.