General Terms and Conditions
Last updated: June 8, 2022
PREAMBLE
The website www.margot-tita.com is published by the company MARGOT&TITA SAS registered with the RCS of BORDEAUX under number 840 104 202 and whose head office is located at 2 place de la Bourse 33000 Bordeaux.
Tel: 06 30 03 10 47
Email: serviceclients@margot-tita.com
IMPORTANT: Any purchase of products on the website www.margot-tita.com implies acceptance of these general terms and conditions of sale (GTC). The click to validate the order, which has the value of a digital signature, implies full acceptance of these terms and conditions.
DEFINITIONS
CUSTOMER : means the SELLER's co-contractor, who guarantees that he/she has the status of consumer as defined by French law and case law. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
SITE : refers to the online sales site www.margot-tita.com
SELLER : refers to the company Margot&Tita
DELIVERY : means the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.
PRODUCTS : means all products available on the SITE.
TERRITORY : means mainland France, Corsica, overseas countries, countries of the European Union
1. PURPOSE
The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the Seller to the Customer.
The "Customer" is understood within the meaning of these General Terms and Conditions, as any natural person established in mainland France or Corsica, overseas countries, and countries of the European Union, making a private purchase of Products through the Site, to the exclusion of any natural or legal person who would make a purchase on the Site as part of a professional activity.
Margot&Tita reserves the right to modify these general conditions of sale at any time.
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
2. PRODUCTS AND PRICES
2.1. PRODUCTS
The products offered for sale by the Seller are those which appear on the Site on the day the Customer consults the Site and within the limit of available stocks. In the event of the product not being available, the Seller undertakes to inform the Customer as soon as possible.
In the event of unavailability of an ordered product, the Customer will be informed by email. The cancellation of the order for this product and its refund will then be made, the remainder of the order (if other available products have been ordered at the same time) remaining firm and final.
In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to placing an order, find out, on the Margot&Tita website, the essential characteristics of the product(s) they wish to order. The photographs illustrating the products do not constitute a contractual document, and do not bind the seller in any way. To this end, the Site undertakes not to use any ambiguous or misleading photographs in the product descriptions.
2.2 PRICE
The sales prices, in accordance with Article L. 113-13 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalogue, in euros (€) and all taxes included (TTC). They do not include the delivery and transport costs mentioned before validation of the order and invoiced in addition. The shipping costs are indicated before the order is registered by the Buyer.
The Seller reserves the right to modify its prices while guaranteeing the Customer the application of the price in effect on the day of the order.
The acceptance of the offer by the Customer is validated, in accordance with the double-click process, by confirmation of the order.
The total amount owed by the consumer is indicated on the order confirmation page.
Any promotions granted in the form of discount vouchers are only valid for one order per household and for a given validity period.
They cannot be combined with other discount vouchers or current promotions.
3. ORDER
The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
To place an order, the Customer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the “place order” button and provides the information relating to delivery and the payment method.
The contractual information as well as the details of the order are summarized before the final validation of the Purchase Order.
From the moment the Buyer has registered his order by clicking on the “Validate” icon, he is considered to have knowingly and unreservedly accepted these general conditions of sale, the quantities and prices of the products ordered.
An email acknowledging receipt of the order and payment is then sent by the Seller.
The confirmation of the order constitutes the mutual agreement of the parties on the item, its description, its volume, its price and its quantity.
The sale will only be considered final after Margot&Tita has sent the Buyer confirmation of the order and received payment in full.
Please note that the Product offers proposed on the Site are not accessible to individuals or legal entities who wish to make a purchase on the site as part of a professional activity.
The Seller reserves the right to refuse any order if the quantities of products ordered are abnormally high for buyers with consumer status.
In general, any fraudulent order will be considered null and void by Margot&Tita.
When creating his Customer Account, the Customer must provide accurate information about his situation. He also undertakes to regularly check the data concerning him before each new order, and to make any necessary changes online on his Customer Account, if necessary.
The Customer agrees to provide a valid email address and telephone number. The Seller reserves the right to refuse or invalidate the registration of a Customer whose information is found to be incorrect.
The CUSTOMER may also contact the SELLER's sales department at any time by email, at serviceclients@margot-tita.com , in order to obtain information on the status of his order.
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to provide proof of the agreement of their legal representatives.
The creation of a Customer Account entails the Customer choosing a confidential password, allowing them to access their Customer Account and place orders on the Site.
This password is personal, confidential and can be changed online from your Customer Account.
Any access to the Customer's Customer Account, using his password, is deemed to have been made by the Customer.
The Seller may not, in any event, be held liable for fraudulent or abnormal use of the Customer's password and/or Customer Account, the Seller reserving the right to temporarily suspend access to the Customer Account in the event that such use is noted.
The consumer is informed and accepts that entering these two identifiers (email address and password) proves his identity and expresses his consent.
4. ORDER CONFIRMATION
Once all the requested information has been completed by the CUSTOMER, the latter is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its contents.
After having viewed and verified the status of his order, the Customer will click on “Validate” to definitively confirm his order.
The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
5. PRICE AND PAYMENT
5.1. PRICE
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery costs.
Prices include in particular value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
5.2. PAYMENT
All orders are payable exclusively in euros.
The CUSTOMER can pay for their PRODUCTS online on the SITE using the methods offered by the SELLER, namely:
The following bank cards are accepted by the Seller: Carte Bleue, Visa, American Express, MasterCard.
In this case, he will have to communicate his bank card number, the expiration date of the card as well as the cryptogram number. Margot&Tita uses a secure payment tool.
The Seller will debit the Customer's bank card as soon as the PRODUCT order is placed on the site.
All payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by another valid means of payment.
In the event that, for whatever reason, opposition, refusal or other, payment by the CUSTOMER proves impossible, the order will be cancelled. Margot&Tita reserves the right to suspend or cancel any order, in the event of non-payment of any amount that would be due by the Customer or in the event of a payment incident.
The Customer guarantees to the Seller that he has the necessary authorizations to use the payment method he has chosen for his order, when registering his order form.
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code. These communications, purchase orders and invoices may be produced at any time as proof of the contract.
For order amounts exceeding 120 Euros, the Seller reserves the right to ask the CUSTOMER to confirm, by any appropriate means such as a photocopy of the Customer's identity card and/or, where applicable, bank card (front only) for any payment by bank card, their identity, eligibility, and the information provided.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitute an invoice.
If the CUSTOMER requests it, an invoice may be sent to him by email to the address he has indicated to the Seller.
6. DELIVERY
6.1 DELIVERY AREA
The PRODUCTS offered can only be delivered to the TERRITORY.
It is not possible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address that the CUSTOMER will have indicated during the ordering process.
In the event of an error in the wording of the Customer's contact details, the Seller cannot be held responsible for the impossibility or delay of delivery.
6.2 PACKAGING
The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in article 7.2 – WITHDRAWAL
6.3 SHIPPING
The buyer is delivered to his home by the Colissimo delivery person. The package will be given to the CUSTOMER against signature and upon presentation of an identity document.
In the event of the Buyer or the recipient being absent, a calling card will be left for the CUSTOMER, to allow them to collect their parcel from their post office. The parcel is then left pending for 15 days at the nearest post office.
After this period, the package is returned to Margot&Tita.
The buyer is required to check the condition of the package and the number of packages delivered in the presence of the delivery person. In case of doubt, he can refuse the package and inform Margot&Tita by email at the following address: serviceclients@margot-tita.com
6.4. DELIVERY TIMES
It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must formally notify the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, the CUSTOMER may terminate the contract.
The SELLER will reimburse the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method used by the CUSTOMER to pay for their initial order.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted upon delivery.
In accordance with article L121-20-3 of the Consumer Code, any order placed from Monday to Friday on the site will be prepared and shipped within 72 hours of receipt of payment (working days only, excluding public holidays), after validation and within the limit of available stock.
During busy periods (e.g. promotions, end-of-year holidays), preparation and delivery times may be exceptionally extended.
The delivery time is taken into account from the delivery of the package containing the products to the carrier.
As an indication, the delivery times, following the sending of your order, are as follows:
– Colissimo Suivi de la POSTE for Metropolitan France: 2 working days
– Colissimo Suivi de la Poste for European Union countries and overseas: 3 to 5 working days on average
Any possible overrun will not give rise to damages, retention or cancellation of the order by the Buyer.
In the event of a product exchange, the delivery costs will be borne by the consumer.
7. MODIFICATION OF ORDER AND WITHDRAWAL
7.1. MODIFICATION
Any modification of the order by the Customer after confirmation of the order is subject to acceptance by the Seller.
7.2. WITHDRAWAL
7.2.1. WITHDRAWAL PERIOD
From the receipt of the products, the CUSTOMER has in principle a withdrawal period of fourteen (14) days (the postmark is proof) to return the products delivered to the following address: MARGOT&TITA, 2 place de la Bourse, 33300 BORDEAUX.
Any return request received by the Seller after this period will be refused.
7.2.2. NOTIFICATION OF THE RIGHT OF WITHDRAWAL
In order for the withdrawal period to be respected, the CUSTOMER must send his written request relating to the exercise of the right of withdrawal before the withdrawal period expires.
To exercise his right of withdrawal, the CUSTOMER must notify his written request to withdraw from this contract by means of a declaration that he must send by post to: Margot&Tita, 2 place de la Bourse, 33300 BORDEAUX or by email to serviceclients@margot-tita.com
Return costs are entirely the responsibility of the consumer.
The return of products is the responsibility of the CUSTOMER.
The exercise of the right of withdrawal by the Customer will only be accepted by the Seller for Products in perfect condition for resale.
Products returned unsealed, soiled, damaged, broken or damaged by the Customer will be refused.
The products must be returned to Margot&Tita in perfect condition for resale, in their original packaging and condition, and duly sealed.
7.2.3. EFFECTS OF WITHDRAWAL
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and no later than fourteen (14) days from the day on which the SELLER is informed of the CUSTOMER's wish to withdraw.
The SELLER will make the refund using the same payment method that the CUSTOMER used for the initial purchase. This refund will not incur any costs for the customer.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date retained being that of the first of these facts.
8. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.
9. RESPONSIBILITY
The Products offered comply with current European legislation and the standards applicable in France.
The Seller shall not be held liable for non-performance of the contract, in the event of force majeure or unforeseeable circumstances, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, due to the other party or a third party or external causes such as social conflicts, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, intervention by civil or military authorities, natural disasters, fires, water damage, malfunction or interruption of the telecommunications network or the electricity network.
The Customer is solely responsible for the choice of Products and their use.
The SELLER may not be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability for the information published there. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.
10. PERSONAL DATA
In accordance with the provisions of the Law of 6 January 1978, Customers have a right to access data concerning them, as well as a right to modify, rectify and delete such data. To exercise this right, they simply need to log into their Customer Account or send a postal or electronic mail to the contact details given in the preamble to these General Terms and Conditions.
Margot&Tita undertakes to protect and ensure the security and confidentiality of its Customers' personal data in accordance with the GDPR, in particular by taking all useful precautions to prevent this data from being distorted, damaged or accessed by unauthorized third parties.
In particular, the personal data of Customers may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the GDPR, intervene and contribute directly to the management of Orders and for whom it is absolutely necessary to access the personal data provided by the Customer when creating and using their Account (identity, postal address, telephone number, email address). Subcontractors may only act on instructions from Margot&TIta.
Personal data relating to Customers, collected directly through forms and indirectly during their navigation to and on the Site, and all future information, are intended for the exclusive use of the Seller, within the framework of the implementation of the services offered to Customers on the Site, as well as for the establishment of statistics for internal use, and are not subject to any communication or transfer to third parties, other than the technical service providers in charge of managing the Site, who are required to respect the confidentiality of the information and to use it only for the specific operation for which they must intervene.
11. INTELLECTUAL PROPERTY
All visuals and photographs visible on the Site, and in particular those representing and illustrating the Products, are necessarily protected by copyright and all other intellectual property rights and belong to the Seller or to third parties having authorized the Seller to use them.
Any reproduction and/or representation of any nature whatsoever, without authorization, of a visual or photograph represented on the Site constitutes an infringement and will be subject to prosecution.
Likewise, all other data of any nature whatsoever, and in particular texts, graphics, logos, icons, images, photographs, audio or video clips, brands, software, characteristics of the site appearing on the Site are necessarily protected by copyright, trademark law and all other intellectual property rights, and belong to the Seller or to third parties having authorized the Seller to use them.
"Margot&Tita" is a registered trademark of the company Margot&Tita. The Client undertakes not to make any use of this trademark and not to infringe it in any way whatsoever.
12. VALIDITY OF THE GENERAL CONDITIONS
Any decision by a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such modification or decision shall in no way authorize CUSTOMERS to disregard these General Conditions. Any conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail trade sector, for companies whose head office is located in France.
13. NON-WAIVER
The fact that a Party fails to avail itself of any of the stipulations of these general conditions cannot be considered as a waiver of its right to avail itself of them.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Sale are subject to French law, and only the French language version is authentic for their interpretation.
Any dispute arising from the execution or interpretation of the provisions of this contract requires the parties to come together and attempt to find an amicable solution to their dispute, before bringing the matter before the competent court.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below.
In the absence of an amicable agreement, any dispute relating to this contract will be subject to the jurisdiction of the courts of Bordeaux, France.
15. MEDIATION
For any problem relating to an order, please contact our Customer Service: serviceclients@margot-tita.com
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Seller adheres to the services of the Mediation and Arbitration Center of Paris (hereinafter the "Mediator") whose contact details are as follows: 39 avenue Franklin D. Roosevelt - 75008 Paris - http://www.cmap.fr . In the event of a written complaint not resolved by our Consumer Service, you can contact the Mediator free of charge. At the European level, the European Commission has also set up an online dispute resolution platform accessible here .
