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Terms and conditions of sale

Identification

  • Company name : Société Famille Mary
  • Head Office : Le Moulin de Beau Rivage
  • Zip code : 49450
  • City : St André de la Marche
  • Country : FRANCE
  • Phone : 0241553579
  • Fax : 0241557351
  • E-mail : mary@famillemary.fr
  • Website : www.famillemary.com
  • opening hours : 8am to 6pm
  • Intracommunity VAT No. : FR2230003057400010
  • Siret No. : 300.030.574.00010
  • APE/NAF code : 012J

FOREWORD

This trading website is the property of SAS FAMILLE MARY in its entirety, as are all related rights. Any reproduction of this website, complete or partial, will systematically be submitted to the owner's authorization. However, hypertext links towards the website are authorised without prior notice.

1. ACCEPTANCE OF GENERAL TERMS AND CONDITIONS

The customer acknowledges, when making an order, that he has read the general terms and conditions stated on this screen and expressly declares to accept them unreservedly. These general terms and conditions govern the contractual relationship between FAMILLE MARY and its customer, both parties accepting them unreservedly. These general terms and conditions prevail over any other conditions present on any other document, except for express and written prior exemption.

2. PRODUCTS

Pictures illustrating products are not contractual, FAMILLE MARY is not contractually liable for the pictures that illustrate the products. If some errors occur, FAMILLE MARY will not, under any circumstances, have any responsibilities engaged in this matter. Most of products offered to its customers by FAMILLE MARY are available in our warehouse.

3. ORDER

Automatic registration systems are considered as evidence concerning the nature, content and date of an order. FAMILLE MARY confirms acceptance of a customer's order sending him/her an e-mail to the e-mail address previously provided by the customer. The sale will only be concluded when the order is confirmed by FAMILLE MARY. FAMILLE MARY reserves the right to cancel any order done by a customer with whom there is a commercial dispute related to the payment of a previous order. Information stated by the buyer, when placing an order, commit this one: in case of mistake in delivery information, the seller cannot be held responsible for the impossibility to deliver the order.

4. DELIVERY

All orders delivered by FAMILLE MARY are intended for customers' personal use. Customers or consignees of products do not have the right to resell all or part of products. FAMILLE MARY is not legally responsible if the payment of tariffs is not made by the customer. Delivery will be done by La Poste thanks to "Colissimo" (tracked parcel) or with another kind of shipment following the choice of the customer located in Metropolitan France. Delivery is done giving directly the product/parcel to the announced consignee or, in case of absence, to another person entitled by the customer. For all orders done before 10am from Monday to Thursday, parcel will be shipped the day after and delivered within 48hours* using "Colissimo" (tracked parcel) for Metropolitan France. *Delivery time given by La Poste. Possible delay in delivery does not give the right, for the customer, to claim damages. In case of technical product, the customer has to make sure that the delivered product works well and read the supplied instruction booklet. In case of visible defects, the purchaser is entitled to send it back according to the conditions specified in this document. War, riots, fire, strikes, accidents and the impossibility to be supplied are considered as an act of God which relieves the seller from its responsibility to deliver. Goods always travel at receiver's own risks. Always check you parcel when you receive it. You have 48hours to make any eventual reserves to the carrier in case of failure or damage. Because of availability reasons, an order can be delivered in several times. In this case, the customer only pays only one. If the customer want two place of delivery he/she has to do two orders with shipping costs related.

5. RETRACTION

You have a period of 7 days (since the reception of goods) to form your opinion on delivered products. In case of exchange or reimbursement, send back the article(s) in its/their original packaging, intact, with all possible accessories, instruction booklet and documentation to the following address:

SOCIETE FAMILLE MARY
BEAU RIVAGE
49450 ST ANDRE DE LA MARCHE
FRANCE

If you wish to use your retraction right, FAMILLE MARY will have to reimburse the sums conferred by the customer, without extra fees, excepting return cost. Reimbursement will be done within a maximum 15 days period.

6. PRICE

Prices are in Euros (€). Prices displayed on product's datasheets do not include shipping cost. Price displayed on order confirmation is the final price, all taxes included including shipping cost and VAT. This price includes products' price, handling, packaging and conservation costs and also shipping and commissioning costs.

7. PAYMENT

The price invoiced to the customer is the price indicated on order confirmation sent by FAMILLE MARY. The price of products is payable in cash the day order is effective. Payment is done by credit card with the label CB (Carte Bleue: a French bank card with which purchases are debited directly from the customer's bank account = a credit card). Online, PAYBOX allows you to pay through a banking server in a secure environment without any relation with our website's servers which is an important guarantee: your credit card numbers are only know by our banking partner. The order validated by the buyer will be considered effective only when banking centres involved give their approval. Refusal by these centres will automatically cause the order cancellation and the customer will be informed by e-mail. On the other hand, FAMILLE MARY can refuse the order processing of a customer with whom there is an existing dispute.

For customers choosing a payment by check, it is important to note that the package will be sent upon receipt of the check.

8. DISPUTE

This agreement is subject to French law. FAMILLE MARY cannot be held responsible for any damage, whether material, immaterial or physical which could result from a poor functioning or inadequate use of the marketed products. The same applies for eventual changes in products made by manufacturers. Liability of FAMILLE MARY will, in any case, be limited by the order amount, and cannot be incriminate for simple errors or omissions that could occur despite of all precautions taken in products' presentation. In case of implementation difficulty of the present contract, the purchaser has the possibility, before any legal action, to look for an amicable arrangement notably with the help of: a professional association of the sector, consumer association, or any other kind of consultant organization. One should remember that looking for an amicable arrangement does not interrupt the "short notice" of the legal warranty, nor does it stop the duration of the contractual warranty. It is reminded that, as a general rule, and subject to a court assessment, the respect of this agreement provisions related to contractual warranty supposes that the purchaser should honor the financial commitments towards the seller. Claims or disputes will always be handled with attentive benevolence, as good faith will always be presumed on the one who takes time to expose the problem. In case of dispute, the customer will contact the company first to find an amicable solution. Failing that, the court of both parts is the sole competent, no matter where is the delivery place and the payment method accepted.

9. WARRANTY

"Best before dates" present on products have to be respected by the customer. In any case, FAMILLE MARY cannot be held responsible of failure to comply with law and regulation provisions into force, liability of FAMILLE MARY is automatically limited to the value of the product involved, value at the date of purchase and that without having recourse possibility towards the brand or the company which has produced the product. In any case, the customer benefits from the legal guarantee against eviction and latent defects (art. 1625 and followings of French "Code Civil") on the condition that the buyer proves the latent defect. The seller legally has to repair all consequences (art. 1641 and followings of French "Code Civil"). If the buyer brings it to the court, he/she has to do it within a "short notice" from the latent defect discovery date (art. 1648 of French "Code Civil"). You can contact our customer service from Monday to Friday included calling the 02 41 55 35 79 or sending an email to: mary@famillemary.fr

10. LEGAL INFORMATION

Filling personal data is compulsory for distance selling, this information is indispensable to process orders, ship them and establish invoices & contracts of guarantee. Failing to communicate this information will cause the non validation of an order. In accordance with the Data Protection Act, customers' personal data processing is subject to a declaration to the CNIL (French Data Protection Authority). The customer has (art. 34 of the 6th January 1978 law) the right to access, modify, rectify and delete any personal data. He can exercise his/her right beside FAMILLE MARY

11. PUBLICATION MANAGER

Publication manager of this website is Mr Benoit MARY in its capacity as legal representative of FAMILLE MARY company. Webmaster's email is : famillemary@famillemary.fr. The website is governed by French laws.

12. HOSTING

The provider assuming the permanent and direct storage of the website is OVH company - 2 rue Kellermann - 59100 Roubaix - France.
FAMILLE MARY-La ruche de Beau Rivage-49450 SAINT ANDRE DE LA MARCHE SIRENE 300.030.574.00010 - TVA intra communautaire : FR 22 300 030 574 00010