1. Identification of the vendor
MARTHA CCOLQUE, a “société par actions simplifiée à associé unique” (simplified joint stock company with sole shareholder) duly organized and existing under the laws of France, with a share capital of 76,000 euros, registered with the Trade and Companies Register of Paris under the no. 793 555 368, whose Intracommunity VAT number is FR 63 79355536 and whose registered office is located 8, rue de Rochechouart, 75009 Paris, France.
2. Scope and acceptance of the General Terms of Sale
The purchase of Products offered on the website www.marthaccolque.com (hereafter the “Website”) is subject to these general terms of online sale (hereafter the “GTS”).
MARTHA CCOLQUE products (hereafter the “Products”) are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the “Customers”). Consequently, the Customer represents that he/she/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.
MARTHA CCOLQUE can update these GTS at any time.
The Customer can familiarise himself at any time with the version of the GTS then in force by clicking on the link https://www.marthaccolque.com/legals/terms-and-conditions. The applicable GTS at the time of the conclusion of the sales contract are those that are enforceable to, and binding on, the Customer.
Furthermore, with each purchase of Products on the Website, the Customer shall be asked to confirm the acceptance of applicable GTS on the date of placing his/her/its /her/its order. Said GTS can be viewed at the time he/she/it is asked to confirm that he/she/it accepts them. To substantiate this acceptance, the Customer must check the box “I have read and hereby accept the General Terms of Sale of the Martha CCOLQUE.com website”.
3. Terms of the Order
Any order placed on the Website shall imply express acceptance of the GTS and acceptance of the prices and Products available for sale on the Website.
3.1. Order process
The Customer who wants to place an order must comply with the following procedure:
1. Product choice: the Customer must select the Product that he/she/it would like to order.
2. Checking of the content of the Customer’s selection: the Customer checks the content of his/her/its /her/its basket whilst having the opportunity to delete the Products he/she/it has selected.
3. Identification: the Customer must complete the identification form made available to him/her/it and provide the requested information (mandatory information: title, surname, first name or corporate name, e-mail address, password, telephone number for the delivery).
4. Checking of the Customer’s order: the Customer checks the content of his/her/its /her/its order, the total price, the delivery and invoicing addresses while keeping the possibility of deleting a Product or modifying the invoicing or delivery address. The Customer confirms his/her/its /her/its method of delivery and payment. The Customer must confirm his/her/its /her/its acceptance of these GTS by checking the corresponding box. The validation of the order is only possible after having checked this box.
5. Order acknowledgement of receipt: the Customer receives an e-mail summing up the content of his/her/its /her/its order, namely:
– His/her/its delivery and invoicing addresses
– The number of his/her/its order
– The order number
– The date of the order
– The list of Products ordered and their amounts
– The method of delivery
The Customer is advised to keep and print this document, which is official proof of his/her/its order. The order is then registered and processed by MARTHA CCOLQUE which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
3.2 Confirmation of shipping of the order
The Customer receives an e-mail summarising the content of his/her/its order and confirming the dispatch of the same. The contract is deemed to have been concluded on the date on which this e-mail is sent.
3.3 Tracking of the order
A carrier tracking number the carrier is provided to the Customer when his/her/its order has been confirmed.
If the Customer wants to obtain information concerning the progress of his/her/its order, he/she/it may log onto the website of the carrier chosen by MARTHA CCOLQUE, e.g.: UPS, at the address www.ups.com, and follow the transport of his/her/its parcel live. The Customer furthermore receives information by e-mail concerning the different stages of the processing and preparation process of his/her/its order until it is shipped.
4. Product availability
The offers of Products and prices of MARTHA CCOLQUE are valid while they are visible on the Website, and subject to stocks availability.
Errors or modifications can exceptionally occur, notably in the event of simultaneous orders of the same Product by several Customers.
In the event the Product is found unavailable after placing the order, MARTHA CCOLQUE shall inform the Customer by e-mail or by telephone as soon as possible, by offering that he/she/it either order another Product available on the Website as a replacement, or cancels his/her/its order at no cost.
MARTHA CCOLQUE shall not be held liable in the event of stock shortage or unavailability of Products for orders not yet accepted by MARTHA CCOLQUE.
MARTHA CCOLQUE reserves the right to change at any time and without prior notice the Products offered on the Website.
To ensure a better quality of service and availability of its Products with all of its online Customers, MARTHA CCOLQUE reserves the right to limit the quantity of Products that can be bought by a given Customer, this in accordance with the provisions applicable on the matter and notably those of Article L.121-11 of the French Consumer Code.
Although all efforts are made to ensure that the colour and pattern of the Products whose photos are displayed on the Website are faithful to the original Products, variations may occur, notably due to the technical limitations of colour reproduction on the Customer’s computer equipment. Consequently, MARTHA CCOLQUE cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Website.
MARTHA CCOLQUE reserves the right not to accept an order from a Customer with whom it is in a dispute for a previous order, or if MARTHA CCOLQUE reasonably considers that this Customer has infringed these GTS or that he/she/it has been engaged in a fraudulent activity, or for any other legitimate reason.
The Prices of Products are expressed in Euros, inclusive of taxes and excluding customs duties, for orders outside of the EU that shall be borne by the Customer. Outside of the cases of reimbursement made (i) in connection with exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, MARTHA CCOLQUE shall not reimburse the VAT applied to purchases made on the Website (even in the event the Customer, after receipt of the Products, reships the Products for a third country outside of the European Union).
MARTHA CCOLQUE reserves the right to change at any time and without prior notice the prices of Products offered on the Website.
The Products are invoiced on the basis of tariffs displayed on the Website at the time when the order is placed, subject to availability of the Products ordered at this time.
All the orders are payable in Euros and must be settled immediately upon placing the order.
In the event of unavailability of certain Products ordered (see Article 4 “Product availability”), only the price and shipping costs related to the available Products shall be debited.
* Payment terms and conditions
By credit card (Visa, CB, Mastercard, American Express) or via Paypal: The payment is made on the secure website of MARTHA CCOLQUE’s approved banking and credit institution. This means that no banking information regarding the Customer transits via the www.marthaccolque.com website. Payment by credit card is therefore completely secure (SSL). The order will then be recorded and validated on acceptance of the payment by the banking service.
6. Reservation of Ownership
The ordered Products remain the property of MARTHA CCOLQUE until receipt of full payment of the price by MARTHA CCOLQUE. However, the Customer assumes the risk (namely of loss, theft or deterioration) regarding the Products delivered from the time that they are delivered to the address indicated at the time of the order.
7. Terms and conditions of delivery
Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.
MARTHA CCOLQUE cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.
For all the Products, the order is prepared for departure from MARTHA CCOLQUE’s logistics warehouses within a maximum period of 10 working days (subject to stock availability and except for the special case of Products sold “on presale” for which the sheet indicates the specific estimated time of delivery) from confirmation by e-mail of the order. The average period between the placing or an order and its delivery is from 10 to 21 working days. This is an average period based on prior orders. Exceeding this period may not give rise to any cancellation of the order, reduction in the price paid by the Customer, or to any damages. Customer is further informed that in some special cases (e.g. products marketed on presale), the periods indicated above can be longer. However, and in accordance with the provisions of article L.121-20-3 of the Consumer Code, failure to deliver within a period of 30 days from the day after the Customer placed the order, the latter shall have the possibility to cancel the said order at no cost. The sums that he/she/it will have paid will then be reimbursed. In cases where it has the capacity to do so, MARTHA CCOLQUE reserves the possibility to offer the Customer a Product of equivalent quality and price as the initial product.
If the order reaches a certain volume MARTHA CCOLQUE may send it to the Customer in several deliveries and/or several packages.
Generally, all of the parcels are shipped via UPS. A delivery note is attached to the parcel. Customer is encouraged to keep it as it will serve as proof of delivery.
The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. He/she/it must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged Product etc.). This verification is deemed achieved as soon as the Customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.
In the event of reservations regarding the delivery, the Customer must also confirm them to the carrier at the latest within 3 working days following receipt of the article(s) and send a copy of this letter to MARTHA CCOLQUE by e-mail to the address firstname.lastname@example.org with confirmation by registered letter with acknowledgement of receipt to Customer Service at the following address: Martha CCOLQUE – 8, rue de Rochechouart, 75009 Paris, France. In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, MARTHA CCOLQUE cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, MARTHA CCOLQUE shall be entitled to request that the Customer pay the corresponding fees for this second delivery.
The Customer is subject to the general terms of delivery of the carrier that, in some cases, if he/she/it does not submit to them can impact the quality of the delivery.
Accordingly, in the event of absence of the recipient, according to the general terms of delivery of the carrier, the product may be presented again and/or left at an agreed drop-off point and/or in front of the Customer’s home and or in a “sorting – pending” centre of the carrier and/or returned to MARTHA CCOLQUE who shall in no event be held responsible for any theft of, loss, or damage to the Products in connection with to their delivery and, more generally, the final quality of the delivery.
In the event that it is impossible to deliver and if the product must be returned to MARTHA CCOLQUE by the carrier, MARTHA CCOLQUE will not make any new delivery.
Any claim regarding the delivery of Products must be submitted in 14 working days following receipt of the Product(s) in the same conditions as mentioned above. If it is decided that the product(s) must be returned to MARTHA CCOLQUE, they must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must contact the customer service beforehand via e-mail at email@example.com to obtain a return number to note on the “Return Authorisation” enclosed with the order as well as any information relating to the shipping. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel. The Product must be returned to Martha CCOLQUE – 8, rue de Rochechouart, 75009 Paris, France.
8. Right of withdrawal
Pursuant to Articles L. 221-18 et seq. of the Consumer Code, the Customer has 14 days from the day of delivery of the Product purchased on the Website to inform the customer service of his/her/its desire to return the Product.
For any return, the Customer must contact the customer service beforehand via e-mail at firstname.lastname@example.org to inform it of his/her/its decision to use his/her/its right of withdrawal. Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. No parcel returned as cash on delivery shipping shall be accepted, whatever the reason. The costs and risks pertaining to the return of Products are borne by the sender. In order for the customer service to accept the exchange and/or reimbursement, the Product must be returned in full condition in its original packing, undamaged, with its label attached, not worn, accompanied by all of its accessories, and a copy of the purchase invoice to Martha CCOLQUE – 8, rue de Rochechouart, 75009 Paris, France.
The Customer shall not have to justify the reasons or pay penalties, with the exception of return costs.
MARTHA CCOLQUE cannot be held responsible in the event of loss, theft or damage of the parcel. Parcels for which the Customer’s identification (surname, first name, address and return code) is not possible shall be refused.
Any return must be made by a traceable method (UPS, FEDEX, DHL, return receipt requested, etc.) and the tracking number must be provided to MARTHA CCOLQUE.
On receipt of the Product returned by the Customer, the customer service shall send a confirmation of receipt of the Product by e-mail.
In the event the Customer makes a valid use of this right by the Customer, MARTHA CCOLQUE shall reimburse the Customer for the sums paid by the same and corresponding to the acquisition of the returned Products (therefore excluding potential customs duties), within a maximum period of 14 days by bank transfer into the account used with the credit card bearing the Customer’s name.
MARTHA CCOLQUE undertakes to reimburse the standard delivery costs including the tracking of the parcel. For that purpose, Customer shall insert the delivery invoice indicating the parcel tracking number into the return parcel.
9. Statutory warranties
The Products sold by MARTHA CCOLQUE are subject to the conditions of statutory warranties provided by Articles L.217-4 to L.217-14 of the Consumer Code as well as by Articles 1641 through 1648 of the Civil Code, to the exclusion of any other warranties.
MARTHA CCOLQUE shall refuse any complaint for Products that have been used contrary to their intended use.
Any complaint regarding the Products in their current form and without relation to the delivery must be submitted by e-mail to the address email@example.com followed by a written confirmation sent by registered letter with acknowledgement of receipt to the customer service at the following address Martha CCOLQUE – 8, rue de Rochechouart, 75009 Paris, France.
9.1 Statutory warranty of conformity
MARTHA CCOLQUE shall deliver to the Customer a Product that complies with the contract and which is exempt from conformity defects at the time of the delivery of said Product, to the extent that the Product shall be fit for the use normally expected of similar goods and that it shall have the characteristics featured during the sale. MARTHA CCOLQUE is also liable for conformity defects resulting from the packaging, assembly or installation instructions provided such liability as agreed by contract or such processes where made under its responsibility.
9.2 Statutory warranty against hidden defects:
MARTHA CCOLQUE shall ship to the Customer a Product free of hidden defects that would make it unfit for the use for which it was intended, or that substantially decreases this use, that he/she/it would not have acquired it or would have paid a lower price if he/she/it had been aware of them.
These guarantees shall apply provided that the Customer makes the request in a period of 24 months following the delivery of the Product (for the statutory warranty of conformity) or the discovery of the defect (for the statutory warranty of hidden defects).
Conformity defects that appear within a period of 24 months from delivery are presumed to exist at the time of delivery, unless proven otherwise.
In the event of an actual non-conformity on a Product sold by MARTHA CCOLQUE, the Customer may choose between the Product being repaired or replaced unless one of these choices are commercially unreasonable for MARTHA CCOLQUE. If the repair or the replacement of the Product is impossible, the Customer may be reimbursed and shall return the Product or keep the Product and have a part of the price reimbursed to him/her/it, unless the conformity defect is minor.
In the event of an actual hidden defect on a Product sold by MARTHA CCOLQUE, the Customer shall have the choice of returning the Product and having the price and costs incurred by the sale returned or keeping the Product and having a part of the price returned to him/her/it.
In any event, it shall be up to the Customer to prove that he/she/it fulfils the conditions of the guarantee properly.
The return, replacement or reimbursement of the Product shall occur without costs for the Customer and shall not prevent the potential damages where applicable.
In the case of lack of conformity and/or hidden defects admitted by MARTHA CCOLQUE, should the Customer choose to return the Product, he/she/it shall ship it to the following address: Martha CCOLQUE – 8, rue de Rochechouart, 75009 Paris, France.
The Customer must obtain beforehand a return number as well as any precision relating to shipping from the customer service to be contacted via e-mail at firstname.lastname@example.org. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel.
10. After-sales service and availability of spare parts
Any Product that can be technically repaired benefits from an after-sales service for a fee. For any repair request, the Customer must directly contact the customer service via the e-mail at email@example.com.
In accordance with Article L 111-3 paragraph 1 of the French Consumer Code, MARTHA CCOLQUE makes not warranty regarding the availability period of spare parts that are essential for the use of the Products. MARTHA CCOLQUE shall nonetheless make its best efforts to satisfy its Customers in the event of a request for one or several spare parts.
11. Limitation of liability
In no event may MARTHA CCOLQUE be held liable for any damage which does not result from a failure by MARTHA CCOLQUE to honour one of its obligations.
12. Personal data
When the Customer registers on the www.marthaccolque.com Website, MARTHA CCOLQUE collects personal information (personal data, e-mail address, gender, etc.) via the registration form in order to offer him/her/it accessible services in the reserved access areas of MARTHA CCOLQUE. The filling in of personal information concerning him is essential for the processing and delivery of his/her/its orders.
The order process on the www.marthaccolque.com Website requires the creation of a Customer account in which his/her/its information is stored and protected by a password chosen by the Customer. This information is strictly confidential and intended for MARTHA CCOLQUE exclusively. It shall be processed in strict compliance with the provisions of Data Protection Act No. 78-17 of 6 January 1978 and the regulation (EU) 2016/679, general regulation on data protection.
In this respect MARTHA CCOLQUE notably undertakes to: (i) guarantee the confidentiality of data of a personal nature processed in the framework hereof by implementing the appropriate security measures in its field of activity, (ii) ensure that the persons authorised to process the data of a personal nature in virtue hereof undertake to respect the confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training regarding protection of data of a personal nature, and (iii) that its potential subcontractors respect the legal obligations on behalf of and according to the instructions of MARTHA CCOLQUE.
The Customer shall at all times have a right of access, amendment, rectification and deletion of his/her/its data. To exercise this right, he/she/it may present a request to MARTHA CCOLQUE by e-mail to the address firstname.lastname@example.org or by letter to the following address: Martha CCOLQUE – 8, rue de Rochechouart, 75 009 Paris, France.
Subject to validation by an “opt-in” of the Customer, personal information (personal data, e-mail address, gender, etc.…) can also be used by MARTHA CCOLQUE and/or its partners for marketing purposes like the sending of newsletters or requests.
13. Intellectual property
All documents, information, texts, graphs, images, photographs or any other content published on the www.marthaccolque.com Website are the exclusive property of MARTHA CCOLQUE. Consequently they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorisation of the publication manager.
MARTHA CCOLQUE is the owner of all the intellectual property (with the exception of authors’ moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed.
The Customer acknowledges without reservations the intellectual property rights of MARTHA CCOLQUE and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a licence or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to MARTHA CCOLQUE.
14. Force majeure
“Force majeure” means all external unforeseeable and unavoidable circumstances, beyond the reasonable control of the party which is suffering a force majeure case.
In the situation where MARTHA CCOLQUE is prevented or delayed by a force majeure case in honouring its commitments, MARTHA CCOLQUE undertakes to inform the Customer within 72 hours by specifying the exact elements constituting the force majeure, the reasonably foreseeable period of delay or prevention. MARTHA CCOLQUE shall then be exempt from the liability in connection with the non-performance or delay in performance of its obligations but undertakes to use its best efforts to resume full performance without further delay. In such a case of force majeure, MARTHA CCOLQUE may exercise its discretionary right to terminate the order or any part thereof, without being held liable, except however that MARTHA CCOLQUE shall be responsible to reimburse the Customer for any amounts already paid. In no event shall the Customer invoke a case of force majeure to release himself/herself/itself even temporarily from an obligation to pay a sum of money.
15. Governing law – Disputes
These GTS shall be governed and interpreted in accordance with French law. The language of this contract is French.
In the event of a dispute the French courts shall have sole jurisdiction. However, in accordance with Regulation CE 593/2008 of the 17 June 2008, these GTS do not prevent the application of a more favourable mandatory non-waivable provisions to the Customer, and as may applicable based on the Customer’s normal place of residence.
In the event of a dispute arising in connection with the performance and/or the interpretation of these GTS, the Customer may submit such dispute to a contractually-agreed mediation procedure or any other alternative dispute resolution procedure. Pursuant to Ordinance No. 2015-1033 of 20 August 2015 and to the application decree No. 2015-1382 of 30 October 2015, any consumer dispute or litigation, subject to Article L.612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation through the CMAP – Paris Centre of Mediation and Arbitration. In order to bring a complaint before the mediator, the Customer may (i) fill in the form on the CMAP website www.cmap.fr, tab “you are: a consumer”, (ii) send his/her/its request by first class mail or registered letter to: CMAP – Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an e-mail to email@example.com. Irrespective of the means used to contact CMAP, the Customer’s request must contain the following elements in order to be processed rapidly: his/her/its postal address, e-mail address and telephone number, as well as the full name and address of MARTHA CCOLQUE, a clear statement of the facts, and proof of previous steps taken with MARTHA CCOLQUE.
Notwithstanding the foregoing, in the case of a dispute, in accordance with Regulation No. 1215/2012 of 12 December 2012:
– The Customer may bring the matter before the competent court of his/her/its domicile or the French courts,
– MARTHA CCOLQUE may bring the matter before the court of the Customer’s domicile.