General Conditions of Sale and Use

GENERAL CONDITIONS OF SALE TO PROFESSIONALS

Article 1 — Identification of the Seller

Seller (hereinafter “Seller” or “MAISON MARMOL”):

SAS MAISON MARMOL

Head office: 341 rue Saint-Martin - 75003 PARIS

Share capital: 2,000 euros

SIRET: 95108077900014 – 951 080 779 RCS PARIS

VAT FR56951080779

Email: contact@maisonmarmol.com

Tel.: + 33 (0)6 13 33 46 64

 

Article 2 — Scope of application

 

These General Terms and Conditions of Sale are applicable, without restriction or reservation, to all sales of Products (hereinafter the "Products" or the "Product") concluded by MAISON MARMOL (hereinafter "MAISON MARMOL" or the "Seller") to professionals (any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional) (hereinafter the "Customers" or the "Customer"), via an order placed by e-mail at contact@maisonmarmol.com or by telephone at + 33 (0)6 13 33 46 64, in mainland France (including Corsica), in the overseas departments and territories, in Europe and internationally.

 

They specify in particular the conditions for placing orders, payment and delivery of the Products ordered by Customers.

 

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales to consumers (any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or liberal activity) and to non-professionals (any legal person who does not act for professional purposes).

 

These General Conditions of Sale are transmitted to all Customers prior to placing an order and will prevail, where applicable, over any other version or any other contradictory document.

 

The Client declares that he has legal capacity.

 

The Customer declares to have read and accepted these General Terms and Conditions of Sale before making a purchase. These General Terms and Conditions of Sale may be modified at any time and without notice by MAISON MARMOL, the modifications then being applicable to all subsequent orders.

 

Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

 

Article 3 — Products and Availability

3.1. Products

The Products offered for sale by MAISON MARMOL are those which appear in the catalog sent by the Seller.

The main characteristics of the Products, and in particular the specifications and illustrations of the Products, are presented in the Seller's catalog. The Customer is required to refer to the description of each Product in order to know its essential properties and characteristics.

The Seller shall not be held liable if there are non-substantial differences between the presentation of the Products (photos, descriptions) and the Product received by the Customer.

3.2. Availability

Product offers are subject to availability.

3.3. Order process

In the event of an order placed by email or telephone, the sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order, and after the Seller has received payment in full of the agreed price or deposit. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

The Seller reserves the right to refuse orders for the same Product in excessive quantities.

3.4 Materials for presenting Products at points of sale

The presentation materials for MAISON MARMOL products may not be used for any purpose other than the presentation of MAISON MARMOL brand products. The presentation materials are kept and used under the sole responsibility of the user and must be returned upon first request from MAISON MARMOL.

Article 4 — Prices

Prices are expressed in Euros, are established in accordance with current legislation and apply to each Customer as indicated on the quote sent to them. Prices appearing on quotes are exclusive of taxes and shipping costs, unless expressly agreed otherwise between the parties. Consequently, they will be increased by the VAT rate and shipping costs applicable on the day of the order. Free shipping applies to all deliveries with a minimum amount of 350 euros excluding VAT.

Prices are reduced, where applicable, by price reductions defined within the framework of MAISON MARMOL's commercial policy.

MAISON MARMOL reserves the right to modify its prices at any time but undertakes to apply the rates in force appearing on the quote on the Site on the day the order is registered by the Seller, subject to availability on that date. The Customer is notified of any modification as soon as the Seller becomes aware of the entry into force of the modification.

Prices do not include processing, shipping, transport, and delivery charges, which are charged in addition, under the conditions indicated on the quote and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the sale, including these charges.

Possible specific orders from the Customer may be considered. If applicable, they will be subject to a quote previously accepted by the Customer. Quotes prepared by the Seller are valid for a period of one month, starting from their date of preparation. The order based on a quote is only considered accepted after receipt by the Seller of the quote accepted by the Customer.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

The Customer does not benefit from discounts in the event of cash payment or based on the products purchased.

Article 5 — Payment Terms

You can pay by:

• By bank transfer if you opt for payment after delivery via invoice. The transfer must be credited to your MAISON MARMOL account on the due date.
• By bank card: Visa, MasterCard, American Express, other credit cards.

In the absence of express agreement between the parties, our invoices are payable 30 days from the delivery date.

No discount will be granted for early payment.

Default of payment: MAISON MARMOL reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being administered.

Late payment: In the event of late payment and payment of the sums due by the Customer after the payment date appearing on the invoice sent to the latter, late payment penalties calculated on the basis of 3 times the legal interest rate will be automatically and automatically acquired by the Seller, without any formality or prior formal notice.

Finally, a fixed compensation for recovery costs, in the amount of 40 euros, will be due, automatically and without prior notification by the Customer in the event of late payment. The Seller reserves the right to request additional compensation from the Customer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.

Dispute: In the event of a dispute relating to a delivery or an invoice, the Customer is not entitled to suspend payment of an invoice or to make any reduction in the amounts due without holding a supporting accounting document from MAISON MARMOL. In particular, the Customer may not issue credit notes in its favor. For all practical purposes, it is recalled that legal compensation can only take place between debts that are equally reciprocal, certain, liquid and due. The conditions for legal compensation are therefore not met as long as one of the debts is in dispute.

Anti-fraud checks: As part of these procedures, our services may ask you for the documents necessary to release your order: proof of address and debit in your name, identity document, etc. These requests are made by email or any other means. MAISON MARMOL reserves the right to refuse an order that appears abnormal or fraudulent given its payment methods, quantities, and the information transmitted to MAISON MARMOL.

Article 6 — Delivery Terms

The order dispatch time may vary from 3 to 30 working days for mainland France and subject to availability of the Products (in accordance with Article 3). Delivery times are given for information purposes only. Consequently, any delays do not authorize the Customer to cancel the sale, refuse the goods or claim damages. However, MAISON MARMOL agrees to strictly respect the delivery times set by mutual agreement with the Customer, within the sole limit of the quantities of products ordered by the Customer before their manufacture.

The delivery times indicated are, by operation of law, suspended by any event beyond the control of the Company and resulting in a delay in delivery.

The ordered Product is delivered by post or by carrier proposed by the Seller to the address shown on the order form. The Customer may choose a carrier other than that proposed by the Seller by expressly requesting it.

Article 7 - Return/exchange of Products

The Customer must check the apparent condition of the packaging and the type of goods (the model) at the time of delivery and before signing the delivery slip. If the packaging is not in good apparent condition or if the type of goods does not correspond to that ordered, the Customer must refuse the package and note a reservation on the delivery slip (package refused because open, or damaged) accompanied by his signature and indicate it to MAISON MARMOL by email or by mail to the address contact@maisonmarmol.com or MAISON MARMOL, SAS 341 rue Saint-Martin- 75003 PARIS. This verification is considered to have been carried out as soon as the Customer, or an agent, has signed the delivery slip.

The Customer must also check the conformity of the delivered goods and the condition of the Product within 72 hours. If the Products have been damaged or are not compliant, the Customer must imperatively inform MAISON MARMOL within this 72-hour period that he refuses the order by email or by post to the address contact@maisonmarmol.com or MAISON MARMOL, SAS 341 rue Saint-Martin- 75003 PARIS and return the Products to MAISON MARMOL at the above address in their original packaging.

Unless expressly agreed in advance in writing by the Seller, and provided that the reciprocal receivables and debts are certain, liquid and due, no compensation may be validly made between any penalties for late delivery or non-conformity of the Products ordered by the Customer on the one hand, and the sums owed by the latter to the Seller for the purchase of said Products, on the other hand.

Article 8 — Retention of title clause - Transfer of risks

The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, or possibly of the commercial papers issued in representation of this price, regardless of the date of delivery of said Products.

Regardless of the date of transfer of ownership of the Products and delivery of the Products, the transfer of risks of loss and deterioration will take place upon delivery of the Products to the carrier. The Products therefore travel at the Customer's risk.

Article 9 — Termination of the contract

In the event of non-compliance by either party with its obligations under the contract, in particular in the absence of payment of the price by the Customer, the contract may be terminated at the discretion of the injured party.

The termination will take place automatically fifteen (15) days after receipt of a formal notice to comply, which has remained, in whole or in part, without effect. The formal notice may be notified by registered letter with acknowledgment of receipt or any extrajudicial document. This formal notice must mention the intention to apply this clause.

Article 10 — Seller’s Liability

The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations results from a case of force majeure.

By express agreement, a case of force majeure is the impossibility of obtaining supplies from a supplier, a delay by a supplier or a subcontractor or a carrier even if all the conditions referred to in Article 1218 paragraph 1 of the Civil Code are not met, as well as any case meeting the conditions referred to in Article 1218 of the Civil Code.

 

Limitation of Seller’s Liability:

The Seller's liability is limited to the replacement of Products recognized as defective.

All other express or implied warranties are excluded in the event of misuse of the Products, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product or force majeure.

 

 

Article 11 — Intellectual Property

The Seller remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) for the purpose of supplying the Products to the Customer.

The Customer therefore prohibits any reproduction or exploitation of said photographs, presentations, studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may make it conditional on financial compensation.

 

Article 12 — Guarantees

The Products delivered by the Seller benefit from a contractual guarantee under the conditions set by the manufacturer and the legal guarantee of hidden defects. However, the guarantee of hidden defects does not apply to the professional Customer of the same specialty as the Seller.

The warranty forms an inseparable whole with the Product sold by the Seller. The Product may not be sold or resold altered, transformed or modified.

This warranty is limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

In order to assert its rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the existence of the defects within a maximum period of one (1) month from their discovery.

The Seller will replace any Products or parts under warranty deemed defective. This warranty also covers labor costs.

The replacement of defective Products or parts will not have the effect of extending the duration of the warranty set out above.

The warranty cannot be applied if the Products have been subject to abnormal use, or have been used in conditions different from those for which they were manufactured, in particular in the event of non-compliance with the conditions prescribed in the instructions for use.

It also does not apply to cases of deterioration or accident resulting from shock, fall, negligence, lack of supervision or maintenance, or in the event of transformation of the Product.

Article 13 — Processing of your personal data

The personal data collected is subject to processing for which the controller is the company MAISON MARMOL, SAS whose registered office is located at 341 rue Saint-Martin - 75003 PARIS, registered in the PARIS Trade and Companies Register under number 951 080 779.

To find out how your personal data is processed (purposes, recipients, retention period, etc.) by MAISON MARMOL, and to be informed of your rights regarding this data, we invite you to consult our confidentiality policy at https://maisonmarmol.com/pages/politique-de-confidentialite

In accordance with the applicable regulations regarding personal data, you have the right to access, rectify, oppose, limit the processing, erase and transfer your data, which you can exercise by email or by post to contact@maisonmarmol.com or MAISON MARMOL, 341 rue Saint-Martin – 75003 Paris, specifying your surname, first name, address and attaching a copy of both sides of your identity document.

In the event of any difficulty relating to the management of your personal data, you can submit a complaint to Mr. Reda SADQI, MAISON MARMOL, 341 rue Saint-Martin - 75003 Paris, contact for the management of personal data within the company MAISON MARMOL or to the CNIL or any other competent authority.

Article 14 — Applicable law, disputes

If a dispute or litigation exists despite all the care taken in the execution of its obligations by MAISON MARMOL, the Customer is invited to write to MAISON MARMOL to try to resolve this difficulty by indicating the references of his order, the reasons for his dispute and his/her requests.

The contractual relationship is subject to French law. In the event that these General Terms and Conditions of Sale are translated into one or more languages, only the French text shall be authoritative in the event of a dispute.

All disputes relating to the validity, interpretation, execution, termination of these terms and conditions or their consequences will be submitted to the courts of PARIS.

Article 15 — Pre-contractual information - Customer acceptance

These General Conditions of Sale are expressly agreed to and accepted by the Customer, who declares and acknowledges having full knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, its own general conditions of purchase.