IDENTITY OF THE SELLER
The seller is SAS BY MARIE
Simplified joint-stock company with capital of 8000 euros
Whose head office is located at 10 rue Bachaumont -75002 Paris, France
Registered with the Paris RCS under number 419 829 254
VAT number FR04 419 829 254
Telephone: + 33 (0)1 40 26 26 03
Fax : + 33 (0)1 40 26 26 04
All orders on the Site are subject to these general conditions of sale. These are likely to be subject to modifications and updates, the conditions applicable to the order of a product by a customer are those in force on the day of the order. These general conditions of sale are subject to French law, except for mandatory provisions to the contrary such as arising from the Rome Convention on the law applicable to contractual obligations of June 19, 1980.
These general conditions of sale (hereinafter the "General Conditions of Sale") exclusively govern sales made on the website bymarie.com (hereinafter the "Site") of products offered by BY MARIE to buyers having the quality of consumers (hereinafter the “Customer(s)) and specify the conditions for ordering, payment, delivery and management of any returns of products ordered by Customers.
The General Terms and Conditions of Sale are made available to Customers on the bymarie.com Site where they can be consulted directly.
The General Conditions of Sale are enforceable against the Customer who declares to have read them and to have accepted them by ticking the box "I accept the General Conditions of Sale" before the implementation of the online ordering procedure.
BY MARIE reserves the right to modify its General Conditions of Sale at any time. In case of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of validation of the order. It is therefore up to the Customer to refer to it during each validation of the order.
The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale.
The temporary or permanent non-application of one or more clauses of the General Conditions of Sale by BY MARIE cannot constitute a waiver on its part of the application of this or these clauses or of the other clauses of the General Conditions of Sale which continue to produce their effects.
The customer of the Site must be a consumer, an adult natural person and legally capable. The customer must, during his first order on the Site, open a customer account and complete an order form specifying certain mandatory fields so that his order of products can be taken into account by BY MARIE.
The information communicated to BY MARIE within the framework of the opening of its customer account or during each of its orders must be complete, exact and up-to-date. BY MARIE may, where appropriate, ask the customer for confirmation -by any means- of this information and his identity.
Given the commercial policy described above, BY MARIE reserves the right not to respond to orders from subjects that differ from the "Consumer" or to orders that do not comply with its commercial policy.
PRODUCTS AND SHOPS
THE BOUTIQUES BY MARIE
BYMARIE.COM is an online sales site with a network of multi-brand BY MARIE Boutiques, offering you a sharp selection of clothing items, fashion accessories, jewelry and perfumes.
Each store has an individual and distinct offer, BY MARIE offers products from emerging designers to more well-known and luxurious brands. You may find items on BYMARIE.COM that you won't find anywhere else.
On BYMARIE.COM are exclusively offered for sale first quality products. Distributed brands are carefully selected for their rigorous quality controls.
BYMARIE.COM does not sell second-hand, defective or inferior products to the standards offered on the market.
The essential characteristics of the products are presented on bymarie.com inside each of the product sheets. The products sold are photographed and described as faithfully and accurately as possible. Errors or omissions are possible. Also, depending on the Internet browser or screen used, the colors of the items may not correspond to the actual colors.
The products sold are those which are described and visible on the site. Product offers are valid within the limits of available stocks and we reserve the right to modify these offers at the beginning of each week. Any sold out product will be reported. However, the availability and delivery of a product are only guaranteed by sending us an email confirming your order.
Some items sold on the site have already been offered for sale in BY MARIE stores. They are therefore sometimes labeled accordingly.
HOW TO FIND YOUR PRODUCT?
On BYMARIE.COM, you have several ways to shop. The easiest way is to use the drop-down menu bar at the top of the page, to have a link to New Arrivals, Categories, Designers. You can then use more specific filters to refine your search. If you know exactly what you are looking for, you can use the search bar at the top right.
Order taking on the Site is subject to compliance with the procedure set up by BY MARIE, embodied by a succession of different screen pages indicating the steps that the customer must imperatively follow to validate his order.
The customer will have the possibility, before definitively validating his order, to check the details of it and its total price, and to correct any errors, before confirming it to express his acceptance.
BY MARIE will also be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order as well as any order that does not comply with these general conditions of sale.
In these hypotheses, BY MARIE will inform the customer by telephone or by e-mail. To failure for the customer to proceed with BY MARIE to correct erroneous or contrary elements to these general conditions of sale, BY MARIE reserves the right not to process the order.
When you find an item you want to buy, select your size (There is also a Size Guide link for each item) and the quantity you want. Then click on the "ADD TO CART" button. You can continue shopping and add more items to your basket, or you can click "CHECKOUT" to complete your order at the top right of the page.
Payment is quick and simple. No matter how many items you have in your cart or how many stores they come from, you only have one payment to make. We ship worldwide by UPS. We all accept credit and debit cards as well as PayPal, simply select your payment method, fill in the details then click 'PLACE ORDER / MAKE PAYMENT'.
Once you have placed your order, you will receive a confirmation email acknowledging receipt of your order and starting the validation process. Your order will be sent directly to you from the store where you purchased the product.
Start by making your selection by browsing the site or by using our advanced search mode if you know what you are looking for.
Click on the images to access the pages held, then the product pages to view the details of each product. Add the items to your cart after selecting the size and quantity by clicking "Add to Cart".
Then check the nature of the items added to your basket.
To delete an article, click on the cross provided for this purpose and to change the number of articles, modify the quantity, then press the update button.
You can then finalize your order or choose to continue shopping.
To conclude the contract for the purchase of one or more products on bymarie.com, you must complete the order form offered by the site by following the relative instructions.
The order form contains a summary of the General Conditions of Sale, but also information on the essential characteristics of each of the products ordered and the price which refers to it (including applicable taxes or duties), the means of payment that you you can use to purchase each product and the terms of delivery of the products purchased, the shipping and delivery costs, the conditions for exercising your right of return, and finally, the terms and deadlines for returning the products purchased.
The contract is concluded when BY MARIE receives, electronically, your order form and once the accuracy of the data relating to the order has been verified.
Before proceeding with the purchase of the products by sending the order form, you will be asked to carefully read the General Conditions of Sale.
The order form will be archived in our database for the time necessary to dispatch the orders and according to the legal deadlines. You will be able to access your order form by consulting the “My account / My orders” section.
Before proceeding with the transmission of the order form, you will also be asked to detect and correct any data entry errors.
The languages available to conclude the contract with BY MARIE are French and English.
Once the contract has been concluded, BY MARIE will take charge of your order.
In the event that the products presented on bymarie.com are no longer available or on sale at the time of your last access to the site or the sending of the order form, BY MARIE must inform you promptly, and in any case, before thirty working days from the day following your order, the possible unavailability of the products ordered. In the event of transfer of the order form and payment of the price, BY MARIE will take the necessary steps to reimburse the amount you have advanced.
With the telematic transmission of the order form, you accept the General Conditions of Sale and you undertake to observe, in relations with BY MARIE, these conditions. If you disagree with certain terms indicated in the General Conditions of Sale, we invite you not to transfer your order form for the purchase of products on bymarie.com and to contact one of our account managers at +33 ( 0)1 40 26 26 03.
MODIFICATION OR CANCELLATION OF ORDER
Orders are not subject to change due to the immediate execution of these and for technical reasons.
In the event of a malfunction of the site having affected the orders, the display of the prices or the transactions, or of a shortage of stock concerning the products ordered, BY MARIE will have the possibility of canceling the online orders placed by customers. He informed the customer by email or telephone to tell them the reason for the cancellation of the orders placed.
PRICES AND TERMS OF PAYMENT
The prices displayed on the Site are indicated in Euros (for France and countries belonging to the European Union), in Pounds for the United Kingdom and in American Dollars (for countries outside the European Union) and are displayed according to the client's IP address (IP address outside the European Union redirecting to the English/English version). For all countries with a delivery address in France and in countries belonging to the European Union, products invoiced in Euros include all taxes (TTC), excluding delivery costs. The prices invoiced to the customer are those in effect on the date of the order.
For customers residing outside the territory of the European Union and in the Dom-Tom, it is specified that the prices displayed on the Site will be invoiced excluding customs taxes and delivery costs. We ship orders with import charges to be paid. This means that import costs are not included in the prices indicated online and on the product sheets. The customer will pay the freight forwarder when importing the product or later, the total amount of costs relating to customs duties and formalities, import taxes applicable in the country where delivery is requested.
The payment of these costs, which may be necessary for the entry of the products ordered into the territory of delivery, is in no way the responsibility of BY MARIE.
Payment is made by credit card or Paypal.
For payments by credit card, the customer must be the holder of the credit card used. He accesses a dedicated space made available by a banking institution, which ensures the security and recording of the payment order.
The customer is informed that, in order to fight against fraud on the Internet, a check will be carried out with the competent banking establishments and organizations, questioned via the system of the company 3D Secure.
Since 2001, Visa and MasterCard have implemented a program to secure transactions on the Internet: 3D-Secure.
This program aims to fight against fraud by asking the Internet user who wishes to make a payment on the Internet, to identify himself at the time of payment by credit card on the e-tailer's site.
During the transaction, the bank card holder is directed to a page of his bank and enters data that the latter can verify.
This security is materialized by the presence of the "Verified by VISA" or "MasterCard SecureCode" logos.
This service is not subject to any pricing.
In the event that, for any reason whatsoever (opposition, refusal of the issuing centre, etc.), the debit of the sums due by the customer would prove impossible, the order will not be recorded by BY MARIE.
When you place an order, you will receive an email confirming receipt. Once your order and payment details have been verified and approved for dispatch, we will send you an email to let you know.
In the event of a problem during the processing of your order, we will send you an email to inform you and possibly ask you for more details.
All items are shipped from our BY MARIE stores. If you have ordered items from more than one store, then you will receive delivery from each store separately. The delivery costs will only be counted once, the other deliveries will be borne by BYMARIE.COM.
You will receive email updates on the progress of your order and its delivery. You can also check its status from your account and see all the steps. On UPS, you will also be able to track your shipments with the tracking number you received by email.
Delivery times vary according to the service chosen at the time of payment and according to the delivery zone, please consult our Shipping section for more information. Please note that BYMARIE.COM cannot be held responsible for any delays in orders due to delayed customs clearance or payment transactions.
Please note that in the event of non-receipt of your order, you have 30 days after the dispatch date to contact us. Beyond this 30 day period, we cannot guarantee a refund.
The customer is solely responsible for a lack of delivery due to a lack of indication when placing the order.
The customer can choose from the following delivery methods:
• UPS Saver
• UPS Access Point: being installed
• Courier (Only for Paris and its inner suburbs: Boulogne, Issy-les-Moulineaux, Ivry-sur-Seine, Levallois, Montreuil, Montrouge, Neuilly, Pré-Saint-Gervais, Saint Ouen)
• Withdrawal in store without delivery costs (if this option is offered)
The parcel is delivered according to the shipping method chosen by the Customer and is delivered to the recipient against signature of a delivery slip (depending on the delivery method), to the delivery address indicated during the ordering procedure.
It is the Customer's responsibility to check the external appearance of the packaging and to note on the delivery note any visible damage to the packaging.
We ship worldwide by UPS, between 9 am and 5 pm, Monday to Friday. Please note that not all services are available in all countries. Shipping costs are indicated when ordering.
Delivery times vary depending on the delivery method chosen:
For France :
Courier: the same day if you order before 2 p.m.
UPS: 24h-48H if you order before noon *
For most destinations in Europe and USA: delivery in 2-5 days*
For the rest of the world: delivery in 3-8 days*
* The delivery times indicated are given for information only and are based on the time of shipment of your package. BY MARIE declines all responsibility for any delays caused by the customs clearance process or by late payment.
It is specified that any change of delivery address made by the Customer after the registration of the order may result in an extension of the delivery time.
BY MARIE and carriers being separate and independent entities, BY MARIE cannot be held responsible for any delay in delivery attributable to UPS.
If the buyer notices a break-in or damage to his package, he has three days to notify the seller. We advise you, if the original packaging is damaged, torn or opened at the time of delivery, to check the condition of the items in the presence of the deliverer and to immediately express reservations on the delivery note, or even to refuse the package.
It is up to the buyer to see if his package has been broken into or damaged. We advise you to systematically check the contents of the package in the presence of the carrier, in order to check the condition of the items, even if your package does not show signs of deterioration. If they have been damaged or stolen, you must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged). The responsibility of BYMARIE.COM cannot be engaged if the buyer has not issued a reservation.
To obtain a refund or exchange of items (within the limits of available stocks), the buyer must inform us of any problem observed by sending us a message via the "Contact" section. He must report in detail the problem observed (eg damaged package, already opened, etc.). The buyer may be asked to provide a photo of the damage by email.
In the event of non-delivery of the package by post, the buyer must inform BYMARIE.COM via the "Contact" section. We will then open an investigation with the services concerned. An email indicating that an investigation is open will be sent to you. The carrier's final response times vary from 2 to 4 weeks. If the package is found, it will be sent to the customer according to the usual procedure. If the package is declared lost and there is no more stock available to ensure a second shipment, the order will be refunded as soon as possible.
CANCELLATION, RIGHT OF WITHDRAWAL AND TERMS OF RETURN
BY MARIE accepts cancellations, for any reason, before your order has been processed by the store. After that, you can no longer cancel your order, but you can return the products if you wish. If you have not yet received an email confirming that your order has been processed, you can cancel it here.
You can also contact our Customer Service using the contact form below or call our Customer Service on +33 (0)1 40 26 26 03 (Available Monday to Friday from 10 a.m. to 6 p.m.).
RIGHT TO RETRACT
The customer has a right of withdrawal which he can exercise, without having to justify reasons, within fourteen (14) clear days from receipt of the products ordered.
When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
To simplify the exercise of the right of withdrawal, BY MARIE asks customers to notify it by any means. On this occasion, the customer may specify whether he wishes a refund or, in special cases, a credit note.
The customer will also be able to contact customer service by e-mail: email@example.com or by telephone on +33 (0)1 40 26 26 03 for any additional information.
The products must be returned in perfect condition, complete (accessories, instructions, warranty, etc.) accompanied by the invoice and a note of explanation recalling the contact details of the customer as well as his wish to receive a refund or a credit note, to the following address:
ESHOP BY MARIE
10, rue Bachaumont
The shipping costs related to the return of the products remain the responsibility of the customer unless the product received is not in conformity or has a manufacturing defect.
Any customs fees related to the return of a product from a foreign country are also the responsibility of the customer.
BY MARIE strongly advises its customers to return the products by Colissimo, Letter Max or UPS. The customer also has the option of choosing the carrier of his choice. On the other hand, the costs of return as well as the related risks are the responsibility of the customer. It is therefore recommended to him to provide proof of this return, which supposes that the products are returned with parcel tracking, or by any other means giving a certain date.
The right of withdrawal – in addition to compliance with the deadlines and methods described in the previous points – is considered to have been applied correctly in the event that the following conditions are fully respected:
- You have 14 days to send your return, following receipt of your order, after this period we cannot guarantee a refund;
- We invite you to notify us by email or telephone of your return request;
- Once your return package has been received by our services and it complies with our return policy, we will refund you via your original means of payment;
- We advise you to carefully check the products received before discarding the original labels and packaging;
- Clothing must be returned unworn, unwashed, undamaged and with their original tags. Shoes and accessories must be returned in and with their original boxes and inside a package;
- If the product was delivered with a security label, it must remain attached. If the label is detached, the returned product does not comply with our return policy and will not be refunded;
- Perfumes and candles without their cellophane are neither refunded nor exchanged;
- Hosiery must be returned in its unopened packaging and lingerie must be tried on over your own lingerie;
- We recommend that you return the products in their original packaging to ensure the necessary protection during transport;
- Returned products are reimbursed excluding the original shipping costs;
- We do not accept returns of earrings (precious or costume jewelry) or returns of any precious jewelry.
BY MARIE will refund to you, in addition to the sums collected for the purchase of the products, the shipping costs for the delivery of the purchased products, only if the return of the products is due to a reason attributable to BY MARIE, for example if the products do not have the essential characteristics promised, have manufacturing defects or if there are errors in the delivery of these. In the latter case, you can inform us by email or telephone.
In the event that the terms and conditions for the exercise of the right of renunciation have not been respected, as above, you will not be entitled to reimbursement of the sums already paid to BY MARIE. However, you will be able to obtain, at your expense, your products in the state in which they were returned to BY MARIE. Otherwise, BY MARIE may retain the products, in addition to the sums already paid for their acquisition.
Once your return has been received by the store and complies with our return policy, we will issue a refund to your original payment method. Refunds can take up to 14 days depending on your bank. Returned products are refunded excluding the original shipping costs and return costs (to be borne by the customer).
If you wish to exchange an item, you must first send it back to us, following the return procedure above. You can then place your new order.
If the right of withdrawal is exercised in accordance with the methods and terms indicated above, BY MARIE will take the necessary steps to reimburse any sums already collected for the purchase of the products within fourteen (14) days after receipt and verification of the product status.
In the event that there is no correspondence between the recipient of the products indicated in the order form and the person who has made the payment of the sums due for the purchase, the reimbursement of the sum, in the event of exercise of the right of waiver, will be made by BY MARIE, in any case, towards the person who made the payment.
Reimbursement will be made on the same medium as that used when purchasing the products, either the customer's bank card or Paypal account.
Independently of any commercial guarantee which may be granted by BY MARIE to the Customer, all the products supplied by BY MARIE benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-13 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1648 of the Civil Code.
Under these guarantees, BY MARIE undertakes, at the Customer's choice, to reimburse or exchange defective products or products that do not correspond to their order.
Articles L. 211-4, L. 211-5, L.211-7, L. 211-12 and L.211-13 of the Consumer Code relating to the legal guarantee of conformity:
• Article L211-4 of the Consumer Code:
“The seller is required to deliver 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 L211-5 of the Consumer Code:
“To be in conformity with the contract, the good must:
1° Be suitable for the use usually expected of a similar item 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, in particular 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 seller's attention and which the latter has accepted”.
• Article L211-7 of the Consumer Code:
“The defects of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity”.
• Article L211-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
• Article L211-13 of the Consumer Code:
"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law”.
Articles 1641 and 1648, paragraph 1 of the Civil Code relating to the legal guarantee against hidden defects:
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 1648, paragraph 1 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. »
To benefit from the guarantee, the Customer must contact BY MARIE Customer Service by following the following steps:
1. Bring the order number and the reference of the article concerned (this information is indicated on your purchase invoice);
2. Send the support request to BY MARIE Customer Service by email at the following address: firstname.lastname@example.org
In order to ensure rapid and quality processing of the warranty claim, the Customer will specify his contact details, his order number and the reference of the article concerned and will provide as much detail as possible about the problem encountered and, as far as possible, will join email a photograph of the product defect.
All our products benefit from:
- the legal guarantee of conformity
- the legal guarantee against hidden defects.
To be able to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product.
The contractual warranties do not cover:
- abnormal or non-compliant use of the products. In this regard, we invite you to carefully consult the maintenance advice;
- the defects and their consequences related to the use not in conformity with the use for which the product is intended;
- defects and their consequences related to any external cause.
In any case, BYMARIE.COM cannot be held responsible in the event of refusal by the manufacturer/brand of the product purchased to apply its guarantee for the reasons set out above.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
We are the owners or licensees of all intellectual property rights in the Site and its content (such as text, graphics, logos, icons, images, audio recordings, digital downloads, data compilation and software including presentation and compilation thereof) (“Content”). The rights to the Site and the Content are protected by international copyright law, as well as by any national copyright and database law. All these rights are reserved.
You may not systematically extract and/or reuse portions of the Site or Content. In particular, you may not, without prior written consent, use data processing, robots, or other data extraction and collection methods to extract (whether once or several times) and reuse substantial parts of the Site. (for example: our prices or product listings).
In the absence of any mention to the contrary, all persons (including their names and their images), all registered third-party brands and all images of products belonging to third parties, services and/or addresses displayed on the Site are in no way associated, linked or affiliated with us. All copyrights/trademarks displayed on the Site belong to the holders of such rights.
BY MARIE cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's fault, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
BYMARIE.COM cannot be held liable for any inconvenience and damage inherent in the use of the Internet network (break in service, external intrusion, computer viruses, etc.).
We may update or change the Site or its content at any time, but we are under no obligation to do so. Please note that this means that any content on the Site may be obsolete at any given time. The content of the Site is provided for informational purposes only. It is not intended to amount to advice on which you should rely. We make no representation, warranty or assurance, express or implied, that the Site, or its content, is accurate, complete, current or free from any errors or omissions. To the extent permitted by law, we exclude all conditions, warranties, representations or other conditions, express or implied, which may apply to the Site, or its content.
We shall not be liable to you or to any user for any loss or damage suffered, whether in contract, tort (including negligence), arising out of a breach of any statutory duty. , or otherwise, arising out of or related to: (i) the use of, or inability to use, the Site; or (ii) use of or reliance on any content posted on the Site.
Please note that we make the Site available only for domestic or personal use and, therefore, we are not liable to you in the event of loss of profits, loss of exploitation, interruption of exploitation, or loss of profit.
We will not be liable for any harm or damage caused by a virus, distributed denial of service attack, or other technologically harmful material, which may damage your computer equipment, computer programs, data or other materials specific to you. resulting from your use of the Site or your downloading of content from the Site, or any websites linked to it.
SETTLEMENT OF DISPUTES AND APPLICABLE LAW
Sales concluded with BY MARIE via the website www.bymarie.com are subject to French law.
In the event of a dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law.
OTHER IMPORTANT INFORMATION
Severability of contractual provisions - Each section and paragraph of these Terms and Conditions is self-contained. If a court or competent authority decides that any of them are illegal or unenforceable, the other paragraphs and sections will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we fail to act, or delay in acting, this does not mean that we waive our rights against you and we will still be within our right to act. If we waive our pursuit of you, we will do so only in writing (waiver signed by one of our officers), and that does not mean that we will automatically waive action in the event of any future breach by you.
For any information or questions about our Terms and Conditions, our customer service is at your disposal:
- through the section Contact.
- by phone: +33 (0)1 40 26 26 03
- by email to: email@example.com