1 – GENERAL
These terms and conditions hereinafter “TOS” are intended to define the terms and conditions under which the company MARILICIOUS offers the Products to Customers through its Site.
2 – DEFINITIONS
The “TOS” refers to these Terms and Conditions governing online sales signed between the Customer, as defined below, and the company MARILICIOUS identified via the website under the URL http://www.marilicious.com (hereinafter referred to as the “Site”) worldwide.
The “Seller” refers to the limited company MARILICIOUS, registered 2bis avenue Durante in Nice, France under the company register number 527 878 151 with VAT number: FR 49527878151.
Publications Director: Marie Fiorin
The “Customer” refers to any individual excluding legal entities, understood as the ultimate consumer, connecting to the Site via the Internet at his/her own costs and under his/her sole responsibility, to purchase one or more products offered for sale by the company MARILICIOUS, to benefit from its services and / or to participate in its blog.
The “Product” refers to clothing / ready-to-wear, footwear, fashion accessories, jewellery, lingerie, beachwear, as well as beauty products sold online by the company MARILICIOUS on its Site.
WARNING: Products for sale are presented with a description and a photograph through which the company MARILICIOUS tries to show and describe their main features as accurately as possible.The Seller can not guarantee the accuracy of colours as these may indeed vary according to the monitor / screen used by the Customer.The products’ presentations are purely illustrative and are in no way binding.The products are on sale on the Site within the limits of available stock.
All products are subject to quality control.
The “Site” refers to the website accessible through the URL http://www.marilicious.com.
Refer to the Affiliation Policy for all products that are not sold directly via the Seller. The Seller does not party to any transaction between the Customer and any other websites, and cannot be held responsible for any issues regarding the order, payment and delivery between those two parties.
Please note that currently all items displayed on the Site are products only available through affiliation.
3 – ELIGIBILITY TO PURCHASE
When placing an order, the Customer declares and guarantees that:
- -He/she is legally competent and able to purchase products offered for sale on the Site;
- -He/she is over 18 years old (legal age in France), or has permission by a person holding parental authority, or a guardian or trustee if he/she is a minor or incompetent.
4 – OPERATION AND ACCESS
The Seller does not give any guaranty as to the availability, accessibility of the Site or as to the existence of viruses. The Seller only seeks to ensure good quality in viewing the pages of the Site.
The Seller reserves the right to interrupt without notice access to the Site and its services to carry out maintenance and information updates.
The content, layout and operation of the Site may also be modified, deleted or updated at any time without notice by the company MARILICIOUS according to its business policy and operational requirements of the Site.
Therefore the Customer may only order the products available on the site the day he/she visits it.
4.2. Site Access
Orders are placed on the Site, which is accessible via the Internet 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the Seller’s control or due to maintenance, updates or technical improvements, or to change the content and / or presentation.To order, the Customer has to bear the cost of telecommunications of Internet access and use of the Site.
5 – ORDER
5.1. Placing an order
To order, the Customer must follow all instructions on the Site.He/she selects the Product(s) by clicking on the icon of the said product. Clicking on the Product’s icon will make its description and price, including VAT, appear.
The Customer confirms his/her choice by clicking “buy” and then the chosen product falls into the Customer’s shopping bag.Prior to the confirmation of the final order, the Site gives a summary showing the selected product(s) with the price including VAT to the Customer allowing eventual cancellation or changes to the order.
The Customer confirms the order by clicking on “order” and then by clicking on “Place Order”.The “double click” associated with the authentication procedure is a valid electronic signature, as defined under French law.
To validate the order, the customer must check “I accept the Terms and Conditions”, for a complete and unconditional acceptance of the TOS.According to regulations, these TOS can be viewed by anyone who visits the Site and can be downloaded and printed.
The creation of an account is mandatory before placing an order. The Customer must provide the requested information, his/her exact and accurate personal details, and create a password.
The Seller reserves the right not to accept or respond to orders from anyone who does not meet the definition of the “Client” (Articles 2 and 3).
5.2. Order Confirmation
The Seller confirms the receipt of the order by sending an automated email, showing the essential features of the orders (order number, payment reference on the secure website, price, taxes, shipping costs).This email is not an order confirmation.
The Customer will then receive a second email informing him/her on the order confirmation and shipment. This confirmation is sent during office hours (excluding Saturdays, Sundays and French bank holidays).
5.3. Unavailability of Products
Despite all the precautions taken in case of unavailability of the ordered Product(s), the Customer will be notified by e-mail as soon as possible in case of a cancellation or in case of unavailability of a product.
In this case, the Seller will not be held responsible for delays in the delivery of the ordered Product(s).
According to consumer law L 121-20-3 the Customer shall be refunded of the Product(s) price latest within 30 days from the day he paid.
6 – PAYMENT
Prices are in Euros and include all taxes except shipping costs.
For sales made in countries of the European Union, the order summary given before placing the order, indicates the price excluding taxes, the price including taxes, taxes, and shipping costs.
The Seller reserves the right to change its prices at any time, provided that the Products will be charged to the Customer based on the rates indicated on the Site at the time of the order’s placement.
The payment of the Product(s) is made only by credit/debit cards (Visa, MasterCard, American Express) through a secure payment system. Any transmission of information related to payment and in particular the transmission of a credit/debit card number, CVC and its validity date occurs in a secure environment, using existing protocols on the Internet server provider of the Seller.
Payment is made through PAYPAL.Once the Customer has validated his order, he is redirected to http://www.paypal.com where he can make payment securely.Paypal payment may be made without registration and without creating a Paypal account by the Customer.
All orders with payment by credit/debit card are considered effective once the payment centers concerned have given their approval (only during office hours). In case of incomplete or nonexistent payment, for any reason whatsoever, the Seller reserves the right to block the delivery of the ordered Product(s).The Customer is notified by email.In any event, the ordered Product(s) remain the property of the Seller until full payment is received by the Customer.
The Customer guaranties that he/she is allowed to use the credit/debit card provided to proceed to payment and checkout, and that this payment method provides access to an account with sufficient funds to cover the amount of the order.
The invoice is made on the day of the dispatch of Product orders.The invoice is sent to the Customer via email with the order confirmation e-mail and the original is placed inside the parcel that is shipped.
7 – DELIVERY
7.1. Place of delivery
Shipment and delivery is ensured in all countries and will be made to the address specified by the Customer.
In case of absence of the Customer at the moment of delivery, a receipt is normally left.
Items can be delivered up to 15 business days after order confirmation according to product availability.
A tracking number will be provided to the Customer so he/she can monitor his/her order.
7.3. Shipping costs
Shipping is free worldwide.
8 – NON-CONFORMITY OF THE PRODUCT
The Customer or any person authorized by him/her shall verify the conformity of the Product and its packaging at the time of delivery.The signature without comments on the delivery receipt constitutes full acceptance of the order by the Customer who becomes solely responsible.Any defect, missing product or degradation of any kind will have to be mentioned on the delivery receipt.This claim must be confirmed in writing by the Customer within 48 business hours following the delivery, with a registered letter with return receipt addressed both to the carrier and the Seller.The Product must be returned to the Seller within the same timeframe in its original intact packaging and with all labels, tags and protections together with the return form fully filled in.Otherwise, the claim will not be accepted.
The Seller agrees to refund the Customer or to exchange damaged or corrupted or mismatched Product(s) under the conditions explained above. With the Customer’s agreement, The Seller will exchange the Product – if this is possible depending on availability – or give the Customer a refund. According to the Seller’s commercial policy, return costs will be covered by the Seller, provided that the Seller will cover the cost of only one single return or exchange. Refunds will be made as soon as possible and no later than 30 days after the date on which the right has been exercised.The refund will be made by the Seller to the Customer’s bank account.
NOTICE TO THE CUSTOMER: EXCLUSIONS
– Removal of plastic protections from certain products (examples: the adhesive strips on swimwear or lingerie)
– Any solid evidence showing that the products are damaged (e.g. presence of stains or any damage of any kind)
– Any solid evidence showing that the products have been worn, washed or used (e.g. dirty or used shoe soles, scratched jewelry, removed tags)
will constitute a barrier to any exchange and / or refund.
9 – LIABILITY
The Seller’s liability will not be incurred if the breach of its obligations could be attributable either to the Customer or to an event of force majeure as defined by French jurisprudence.Similarly, the liability of the Seller will not be incurred for any inconvenience or damage arising from the use of the Internet, including a loss of connection, external intrusion or presence of computer viruses.
10 – RETURNS AND EXCHANGES
In accordance with the provisions of Article L 121-20 of Consumer law, the Customer has a period of seven (7) calendar days from the date of the receipt of the ordered Product(s) to declare that he/she wants to return the Product(s) and that he/she expects the refund by the Seller of the entire paid amount, without any charges whatsoever.
The Customer exercising his/her rights under the aforementioned conditions has to send the ordered Product(s) to the following address:
2bis avenue Durante
06000 Nice, France
Return shipping costs will be at the Client’s charge.
Products must be returned all at once, complete, unopened in their original packaging with all labels and protections in a state compatible with their own resale, together with the completed return form.The Seller reserves the right to refuse the return of several items from the same order if returned and shipped in several parcels and / or times.
If the deadline falls on a Sunday, or a bank holiday, the right is extended until the first next business day.If the Customer exercises his right to withdraw his/her order, the Seller undertakes to refund the amount paid by the Customer within a maximum period of thirty (30) days after receipt of the returned products. With the Seller’s proposal,the Customer who has exercised his right to withdraw his order may however opt for another method of refund.
11 – INTELLECTUAL PROPERTY
The Site, the Community Trademark “MARILICIOUS” and any other distinguishing marks of the Seller is the sole property of the Seller, and all rights pertaining thereto.Any use, exploitation, sale, removal, total or partial reproduction is illegal except by written consent for a specific purpose by the company MARILICIOUS.However, the use of hyperlinks to the Site is permitted without a specific request.
The Site is strictly for personal use of the Customer.Its use for commercial purposes is strictly prohibited.The Client is not authorized to use the Site and its contents to generate revenue on its own site.The Customer will be held personally responsible.
The photographs, texts and characteristics of the products are not contractual, the Seller shall not be liable for any errors or omissions in such descriptions or changes or unavailability of products due to suppliers.
The Site contains links to other sites as well as advertisements, independent of the Seller’s site http://www.marilicious.com. The Seller declines all responsibility for their content.
12 – STORAGE
The filing of orders and invoices is made on a reliable and sustainable platform kept in reasonable conditions of security in the computer systems of the Seller.
13 – PERSONAL DATA
Upon entering the Site, and when placing an order, the Customer shall provide information involving the collection of personal data (marital status, address, email address, phone number, etc.).These personal data, except for bank details entered by the Customer, are retained by the Seller and may be removed at the request of the Customer, by submitting his request directly to the following address firstname.lastname@example.org.
The Seller is authorized to disclose personal data to ensure the delivery of orders, in case of legal injunction and to conduct surveys of satisfaction on the Seller’s services.
The Customer may also choose to receive commercial offers sent directly by the Seller or by trading partners.
The Seller reminds its commitment to comply scrupulously with law No. 78-17 of 6 January 1978 relating to “computer files and freedoms “, as amended by Act No. 2004-801 of 6 August 2004.In accordance with the provisions of this Act, the collection and processing of personal data of the Customer has been declared to the CNIL.
The Customer has a right to access, verify, modify, rectify and delete his/her data.The Client may exercise his/her right by sending an email to the following address: email@example.com.
14 – TOS MODIFICATIONS
The company MARILICIOUS reserves the right to modify or change at any time the pages of the Site, the Products, Products’ descriptions, photographs or even the Terms and Conditions.These changes will take effect when posted on the Site.
15 – GOVERNING LAWS
These TOS are subject to French law.
In case of dispute, the parties will prefer an amicable settlement.This search for an amicable solution does not interfere with the deadlines to act. In the contrary case, the French courts will have jurisdiction.