Condiciones generales
Article 1 - Field of application
These general conditions of sale apply, without restriction or reserve to all sales concluded by the company Pure Salmon France SAS, a simplified joint-stock company, registered under the SIREN 884 324 617, whose headquarters are 105 rue du Faubourg Saint-Honoré, 75008 Paris, France ("the seller"), with consumers and major non-professional customers ("customers or customers ), Wishing to acquire the products offered for sale by the seller ("products or product") on the website www.marly-dan.com ("the website").
They specify in particular the conditions of order, payment, delivery and management of any returns of the products appearing in the catalog of the online store, ordered by customers.
The main characteristics of the products are presented on the website. The customer is required to read it before any order placing. The choice and purchase of a product is the sole responsibility of the customer.
The photographs and information presented on the website is not contractual and cannot in any case engage the seller's responsibility.
The seller reserves the right to modify the composition of products according to the hazards linked to the supplies of raw materials and/or under the precautionary principle.
The composition of the purchased product corresponds to that indicated on the website on the day of ordering / on product packaging during delivery.
Product offers are within the limits of available stocks, as specified when placing the order.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for store sales or by means of other distribution and marketing circuits.
These general conditions of sale are accessible at any time on the website and will prevail, if necessary, on any other version or any other contradictory document.
The Customer declares that they have read these general conditions of sales and have accepted them by checking the box provided for this purpose before the implementation of the online order procedure as well as the general conditions of use of the website.
These general conditions of sale may be subject to subsequent modifications, the version applicable to the purchase of the Customer is that in force on the website on the date of ordering the order.
Unless otherwise proof, the data recorded in the seller's computer system constitute proof of all transactions concluded with the customer.
The validation of the order by the Customer applies to acceptance without restriction or reserve of these general conditions of sale.
Article 2 - Orders
2.1. User name and password
During the first order, a username and password are chosen by the customer. The username and password are proved to be the identity of the customer and engage him on any order placed by him. The customer is solely responsible for his identifier and his password and will bear alone the consequences which could result from all uses by third parties who would have been aware of these, unless he demonstrates only the knowledge of this identifier and this password results from a fault of the seller.
In case of forgetting his password or his identifier, the customer has a function on the website allowing him to find his identifier and choose a new password.
2.2. Orders
The registration of an order on the website is carried out when the customer accepts these general conditions of sale by checking the box provided for this purpose and validates his order.
The Customer has the possibility of verifying the details of his order, his total price and correcting any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of all of these general conditions of sale and constitutes proof of the sales contract.
It is therefore up to the customer to check the accuracy of the order and immediately report any error.
In the event of an error in the wording of the customer's contact details, the seller may in no case be held responsible for the impossibility of delivering the recipient.
The sale will only be considered final after sending the customer to confirm the acceptance of the order by the seller by email and after collection by the latter of the full price.
Any order placed on the website constitutes the training of a contract concluded remotely between the customer and the seller.
The seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The customer will be able to follow the evolution of his order on the website.
2.3 Subscriptions
The customer wishing to subscribe to a subscription select the option in his basket, and chooses the desired shipment frequency.
The customer can manage his subscription from his customer account.
The Customer can add or delete products, modify the subscription frequency or the delivery address, break or cancel their subscription, at its discretion and free of charge, within 8 days before the next scheduled delivery date.
If a modification, suspension or cancellation of the subscription leads to an overpayment on the part of the seller, the latter undertakes to reimburse the customer within 30 days from this modification, suspension or cancellation.
Article 3 - Prices
The prices of the products are displayed all taxes included, in euros, excluding shipping costs. The seller reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the prices in force at the time of registering the order.
Shipping costs are indicated when placing an order and before the customer validates his order.
In the event of an order to a country other than France, any customs costs or local taxes will be the responsibility of the recipient.
Article 4 - Payment Conditions
The price is payable cash, in full, on the day of the order by the Customer, by the various secure payment routes, by bank cards (visa, mastercard, American Express or other blue cards) or PayPal.
All the information transmitted from the website to the payment system is systematically encrypted to ensure their confidentiality. All bank card payments made on the site are in immediate debit.
To be recorded, the order must be paid in its entirety. Unpaid orders cannot be processed.
Article 5 - Products Livreation
The products are delivered to the delivery address indicated by the Customer when ordering, in the following delivery areas: Metropolitan France
The Customer is responsible for the information relating to the names and address of the recipient. These mentions must be precise, exact, and complete to allow delivery under normal conditions. The seller may in no case be held responsible for a return of delivery due to an address error or an inability to deliver to the address indicated.
The seller undertakes after confirmation of payment, to be processed and transporting the said order to the delivery address indicated, according to the procedure and slots of his choice. Orders received via the Internet, after acceptance of payment by the bank card center and its effective reception by the seller are prepared and shipped within the time limits to the chosen delivery method.
At each order taken, the seller will specify to the customer the means and the delivery time and, if necessary, the modifications due to delivery difficulties.
In no case can the seller be held responsible for a possible deterioration of the products due to their late withdrawal by the customer.
Finally, if the product under the responsibility of the carrier has not been delivered for any cause other than that linked to customs, strikes or damage or any other cause of force majeure as defined by the courts, the sale may be resolved at the customer's written request under the conditions provided for in articles L.216-6, L.216-7 and L.241-4 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen days of the date of denunciation of the contract, excluding any compensation or retained.
6 - Product availability
The products sold on the website are offered within the limits of available stocks. A product that has become unavailable will be, as soon as possible, withdrawn from the catalog of online products.
However, in the event of a stock -out, the seller will contact the customer by phone or email as soon as possible in order to agree with him:
- to shift delivery while waiting for the replenishment of this product, when possible; Or
- replace the product with another equivalent in quality and price.
ARTICLE 7 - Property transfer - Risk transfer
In accordance with the provisions of article L.216-2 of the Consumer Code, when the seller takes care of the delivery of the product sold, the transfer of risks will be carried out at the time the customer physically takes possession of the product.
The transfer of ownership of the seller's products, for the benefit of the customer, will only be made after full payment of the price by the latter, regardless of the date of delivery of said products. It is up to the recipient to check the expeditions on arrival and to make all reservations that would appear justified, or even to refuse the package, if it is likely to have been opened or if it has deterioration marks and immediately inform the seller's customer service, in the event of a problem.
Article 8 - Product feedback
In accordance with the seller's trade policy, the Customer wishing to return the product and obtain a refund, must request a return label to the seller's client's customer service, to send it contact@marly-dan.com within 14 days of receipt of the product.
The product must be returned in perfect condition, in its sealed packaging, within 7 days (the date of shipment is proof) from the sending of the return label, to the following address:
Pure salmon
Back Marly & Dan
5, rue Pierre Rémoleux
62200 Boulogne sur Mer
The customer supports all the risks of this shipment. The seller will not be responsible in the event of loss, theft or delay of the product rendered. The burden of proof of return weighs on the customer.
Subject to the returned product to comply with the return conditions (perfect condition, sealed packaging), the seller will reimburse the sums paid at the latest within 14 days of receipt.
ARTICLE 9 - Retractation
In any event, the customer has the right of withdrawal, under the conditions defined in this clause.
In accordance with article L.221-28 of the Consumer Code, "the right of withdrawal cannot be exercised for contracts […]:
- supply of goods made according to consumer specifications or clearly personalized;
- provision of goods likely to deteriorate or expire quickly;
- the supply of goods which have been unzore by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; ».
For the other products, in accordance with article L.221-18 of the Consumer Code, the Customer has a period of fourteen days from receipt of the product to exercise his right of withdrawal to the seller, without having to justify reasons or to pay penalty, to the end of exchange or reimbursement, provided that the products are returned in their original packaging and in perfect condition of presentation and conservation, within 14 days of notification to the customer withdrawal.
The returns are to be made in their original and complete condition (packaging, accessories, instructions ...) allowing their delivery on the new market, accompanied by the purchase invoice.
Damaged, salis or incomplete products are not included.
The Customer exercises his right of withdrawal by informing the seller of his decision to retract by an e-mail devoid of any ambiguity, sent to the following address: contact@marly-dan.com. He indicates his name, postal address, telephone number, and email address.
The customer can alternately use the withdrawal form model, provided in appendix 1.
Upon receipt of the request for withdrawal, the seller sends the customer a return label.
The return of the product must be carried out, at the cost of the customer, in its original packaging, in a correct condition, that is to say without excessive manipulation (absence of significant deterioration of the packaging or the product), at the latest within fourteen days of the communication of its decision to shrink and accompanied by all the possible accessories and notices and the indication of the invoice to which the products
Pure salmon
Back Marly & Dan
5, rue Pierre Rémoleux
62200 Boulogne sur Mer
A product having undergone a depreciation following excessive and not necessary manipulations (in particular damaged, damaged, returned incomplete, worn, or whose label has been removed ...) cannot be taken up.
The customer supports all the risks of this shipment. The seller will not be responsible in the event of loss, theft or delay of the product rendered. The burden of proof of return weighs on the customer.
In the event of the exercise of the right of withdrawal, the seller will reimburse the sums paid no later than 14 days from the date on which the seller is informed of the decision of the Customer to retract. This reimbursement date can be deferred until the product is recovered or until the customer has provided proof of the shipment of the product, the date chosen being that of the first of these facts.
The refund will be made by the same means of payment as for the purchase, unless expressly agreed by the Customer so that the seller uses another means of payment, without additional expenses of the customer.
In accordance with the provisions of article L221-28 of the Consumer Code, the right of withdrawal does not apply to products which have been unicked by the customer after delivery and which cannot be returned for reasons of hygiene or health protection.
Article 10 - Product guarantee
For the purposes of this article, it is specified that all the food products available for sale on the website have a maximum shelf life. These products are considered "perishable products".
The seller guarantees to the customer that they are manufactured and packed according to strict quality rules, and kept in accordance with the standards in force in France.
The products provided by the seller benefit automatically, in accordance with legal provisions:
- the legal guarantee of conformity, for apparently defective, damaged or damaged products or not corresponding to the order,
- the legal guarantee against hidden defects.
It is recalled that as part of the legal guarantee of compliance, the customer:
- benefits from a period of two years from the issuance of the property to act against the seller;
- may choose between repair or replacement of the ordered product, subject to the cost conditions provided for in article L 217-12 of the Consumer Code;
- is exempt from reporting proof of the existence of the lack of compliance of the product during the 24 months following the delivery of the product, unless the presumption of non-compliance is incompatible with the nature of the product or the defect invoked.
The customer may decide to implement the guarantee against the hidden defects of the product in accordance with article 1641 of the Civil Code; In this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.
In order to assert their rights, the Customer must inform the seller, in writing, by email or postal mail, of the non-compliance of the products or the existence of hidden defects within a maximum of one year from the delivery of perishable and two years for non-perisable products, must provide the proof of purchase dated to the product and return the defective products in the state in which they were received with all the elements (accessories, packaging, Notice ...), to the address:
Pure salmon
Back Marly & Dan
5, rue Pierre Rémoleux
62200 Boulogne sur Mer
The seller will reimburse or replace products deemed to be non -compliant or defective. The shipping costs will be reimbursed on the basis of the price billed and the return costs will be reimbursed upon presentation of the supporting documents.
The reimbursements of the products deemed to be non -compliant or defective will be made as soon as possible and at the latest within 14 days of the seller of the lack of conformity or the hidden defect.
Refund will be made by credit to the customer's bank account used at the time of purchase. With regard to perishable products, the seller's responsibility cannot be engaged in the event of non-compliance by the customer, conservation conditions and/or optimal instructions, or if it has consumed products beyond the line of conservation indicated on the packaging; In any event, for all the products sold, the seller's responsibility cannot be engaged in case of improper use, from use for professional purposes, negligence or lack of maintenance on the part of the customer, as in the case of normal product, accident or force majeure.
The seller's warranty is, in any event, limited to the replacement or reimbursement of non -compliant or assigned products of a defect.
Article 11 - Intellectual ownership
The content of the website and the website itself are the property of the seller and its partners and are protected by French and international laws relating to intellectual property. Any total or partial reproduction of the website and/or its content is strictly prohibited and is likely to constitute an offense of counterfeiting.
In addition, the seller remains the owner of all intellectual property rights on forms, revenues, photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the customer) for the supply of products to the customer. The customer therefore refrains from any reproduction or exploitation of said forms, revenues, studies, drawings, models and prototypes, etc., without the express, written and prerequisite of the seller who can condition it to a financial counterpart.
Article 12 - Force majeure
The parties cannot be held responsible if the non-execution or the delay in the execution of one of their obligations, as described in these result from a case of force majeure, within the meaning of article 1218 of the Civil Code.
The party noting the event must without delay inform the other part of its impossibility to perform its service and justify it with it. The suspension of obligations may in no case be a cause of responsibility for non-execution of the obligation in question, nor induce the payment of damages or penalties of delay.
The execution of the obligation is suspended for the duration of the force majeure if it is
temporary. Consequently, as soon as the cause of the suspension of their reciprocal obligations will disappear, the parties will make all their efforts to resume normal execution of their contractual obligations as quickly as possible. To this end, the prevented party will warn the other of the resumption of his obligation by email giving rise to an email of acknowledgment of receipt of the recipient, and failing this by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is final, these will be purely and simply resolved. During this suspension, the parties agree that the costs generated by the situation will be borne by the prevented part.
Article 13 - Applicable law - Disputes
These general conditions as well as all the operations referred to them are subject to French law.
In the event of a dispute, the customer will address the seller to find an amicable solution.
However, in accordance with articles L.612-1 and following of the Consumer Code, the Customer can contact a consumer mediator, through the site […] with a view to the amicable resolution of a dispute. Before entering the said mediation service, the customer must have contacted the seller by email at contact@marly-dan.com to try to solve the dispute.