GENERAL TERMS AND CONDITIONS OF SALE

Preamble

The website is the property of Marlay Cosmetics in its entirety, as well as all related rights. Any reproduction, in full or part, is systematically subject to the permission of the owners. However, hypertext links to the website are allowed without specific requests.

1. Acceptance of Terms

The customer acknowledges that they have read, at the time of placing the order, the special terms and conditions of sale set out on this screen and expressly declares that they accept them unreservedly.
These general conditions of sale govern the contractual relationship between Marlay Cosmetics and its customer, both parties accepting them without reservation. These general conditions of sale will prevail over all other conditions appearing in any other document, except prior, express and written derogation.

2. Products

The photographs illustrating the products do not enter into the contractual field. If errors are introduced, in no case, the responsibility of Marlay Cosmetics can not be engaged. The majority of products offered to its customers by MarlayCosmetics are available in our warehouse.

3. Order

Automatic recording systems are considered as proof of the nature, content and date of the order. Marlay Cosmetics confirms the acceptance of his order to the customer at the email address that he will have communicated. The sale will only be concluded once the order has been confirmed. Marlay Cosmetics reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. The information given by the buyer, when taking the order, commits him: in the event of an error in the wording of the recipient’s contact details, the seller cannot be held responsible for the impossibility in which it could be to deliver the product.

4. Delivery

After order confirmation, Marlay Cosmetics undertakes to deliver to its carrier all the references ordered by the buyer within 2 days. This carrier undertakes by contract with Marlay Cosmetics to deliver the order to the buyer’s address provided by Marlay Cosmetics within 48/72 hours.
It is therefore necessary to count a total delay of 4 to 5 working days between the validation of the order on our site and the delivery to the customer.

In addition, for deliveries outside mainland France, the customer agrees to pay all taxes due on the importation of products, customs duty, value added tax, and all other taxes due under the laws of the
country of receipt of the order. All orders placed with Marlay Cosmetics are intended for the personal use of customers, customers or recipients of the products are prohibited from any partial or total resale of the products. Marlay Cosmetics de facto disclaims any legal liability if the payment of taxes was not made by the customer.
The delivery will be made by La Poste in colissimo in Metropolitan France. Any delays do not entitle the buyer to claim damages.

Deliveries in the countries of the EEC are carried out by the post office in colissimo followed Europe, for the deliveries outside the EEC the deliveries are carried out by the international postal services or chronopost according to the choice of the customer. In the case of a technical product, the customer will take particular care to check the proper functioning of the device delivered, to read the instructions for use provided to him.

In the event of apparent defects, the buyer has the right of return under the conditions provided for in this document.
War, riots, fire, strikes, accidents and the impossibility of being supplied are considered as cases of force majeure releasing the seller from his obligation to deliver. The goods always travel at the risk and peril of the recipient. Always check your package upon arrival. You have a period of 48 hours to make any reservations with the carrier in the event of missing items or damage.
For reasons of availability, an order may be delivered in several installments to the customer. The customer only pays for one delivery. If the customer wishes 2 places of delivery, he places 2 orders, with the related delivery costs.

5. Withdrawal

You have 14 days (from receipt of the articles) to form an opinion. In the event of an exchange or refund, return the new item(s) in its (their) original packaging, intact, accompanied by all possible accessories, instructions for use and documentation to the address next :
Marlay Cosmetics
10, rue de Penthievre
75008 PARIS
FRANCE
In the event of exercise of the right of withdrawal, Marlay Cosmetics is required to reimburse the sums paid by the customer, free of charge, with the exception of return costs. Reimbursement is due within a maximum period of 15 days.

6. Price

The price is expressed in euros.
The price indicated on the product sheets includes transport.
The price indicated in the order confirmation is the final price, expressed inclusive of all taxes and including VAT for France and the countries of the EEC. This price includes the price of the products, the costs of handling, packaging and storage of the products, the costs of transport and commissioning.

7. Payment

The price invoiced to the customer is the price indicated on the order confirmation sent by Marlay Cosmetics.
The price of the products is payable in cash on the day of the actual order.
Payment is made by bank or postal check, bank transfer, or directly online, PAYPAL allowing you to pay in a secure environment.
Furthermore, Marlay Cosmetics reserves the right to refuse any order from a customer with whom there is a dispute.

8. Disputes

This contract is subject to French law. Marlay Cosmetics cannot be held responsible for damages of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. The same applies to any modifications to the products resulting from the manufacturers. The liability of Marlay Cosmetics will, in any event, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products In the event of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of:
a professional association in the sector, a consumer association or any other council of its choice. It is reminded that the search for an amicable solution does not interrupt the “brief period” of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the judgment of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors his financial commitments to the seller.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain their situations. In the event of a dispute, the customer will first contact the company to obtain an amicable solution.
Otherwise, the Commercial Court has exclusive jurisdiction, regardless of the place of delivery and method of payment accepted.

9. Warranty

Marlay Cosmetics guarantees that all the selected products are manufactured or produced or edited in COUNTRY. With regard to food, the dates of consumption indicated must be respected by the customer.
In all cases Marlay Cosmetics cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of receipt, the responsibility of Marlay Cosmetics is systematically limited to the value of the product in question, value on its date of sale and this without the possibility of recourse to the brand or the company producing the product.

In any case, the customer benefits from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code). On condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (art. 1641 and following of the civil code); if the buyer goes to court, he must do so within a « short time » from the discovery of the hidden defect (art. 1648 of the civil code). You can contact customer service: 6 days a week (Monday to Saturday inclusive) at Telephone number: 07 81 30 52 14
by email to marlaycosmetics@gmail.com (response within 24 hours)

10. Legal information

The information of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. The lack of information leads to the non-validation of the order. In accordance with the “Informatique et Libertés” law, the processing of personal information relating to customers has been declared to the National Commission for Computing and Freedoms (CNIL). The customer has (article 34 of the law of January 6, 1978) a right to access, modify, rectify and delete data concerning him, which he can exercise with Marlay Cosmetics. In addition, Marlay Cosmetics undertakes not to communicate, free of charge or with compensation, the contact details of its customers to a third party.

10. Advertising

Unless expressly notified in writing, the Customer authorizes Marlay Cosmetics to mention his name and the name on a list of references that he can distribute to his prospects, for example for customer reviews, social network publications, advertising brochures, etc. ..

10. Applicable law and allocation of powers

The law of these general conditions of sale is French law.
All disputes are subject to the jurisdiction of the civil courts of Paris.

Updated: 22/11/2019