
TERMS AND CONDITIONS OF SALE
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Definitions
1.1. These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) are entered into by MARATHI PARIS (hereinafter referred to as “the Company” or “MARATHI PARIS”), a simplified joint stock company with capital of 1,500.00 euros, registered with the Paris Trade and Companies Register, under number 979 677 820, whose registered office is located at 229 rue Saint-Honoré 75001 Paris and, on the other hand, by any individual or legal entity wishing to make a purchase via the MARATHI PARIS website, hereinafter referred to as the “Purchaser”.
1.2 The Company’s e-mail address is contact@marathi-paris.com and its individual VAT identification number is : FR14979677820.
1.3 The Company can be contacted at the following e-mail address: contact@marathi-paris.com
1.4 MARATHI PARIS is the owner and publisher of the website accessible at the following link: www.marathi-paris.com (hereinafter “the Site”).
1.5 The Publication Director is: Cécile Aviérinos, in her capacity as President.
1.6 The Site is hosted by Cloudways, whose registered office is at Junction Business Centre, 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta and whose telephone number is +44 330 001 0338.
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Object
2.1 The purpose of these General Terms and Conditions of Sale is to define the contractual relationship between MARATHI PARIS and the Buyer and the conditions applicable to any purchase made through the MARATHI PARIS website (hereinafter referred to as the “Order”), whether the Buyer is a professional or a consumer. The GTCS therefore apply to any Product Order placed on the marathi-paris.com site (hereinafter “the Site”) by the Buyer.
2.2 The Buyer declares that he/she has read and accepted these General Terms and Conditions of Sale before placing his/her Order.
2.3 Validation of the Order implies the Buyer’s unreserved acceptance of these General Terms and Conditions. These terms and conditions shall prevail over any other general or special terms and conditions not expressly approved by MARATHI PARIS.MARATHI PARIS reserves the right to modify its General Terms and Conditions of Sale at any time. In this case, the applicable terms and conditions will be those in force on the date the Order is placed by the Buyer.
2.4 Creating a personal account
In order to access the products on the Site and to place an Order, the Buyer must register on the Site by creating a personal account. To do so, the Buyer must fill in the mandatory fields indicated on the Site.
The Buyer undertakes to provide the Site with valid, sincere, complete and up-to-date information.
IDs and passwords are strictly personal. The Buyer must inform the Company of any loss of this information without delay, and the Company will provide the Buyer with a link that will enable him/her to change his/her password. The Company declines all responsibility in the event of loss or misuse of this information.
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Products and services
3.1 The products and services offered by MARATHI PARIS are those listed in the catalog published on the MARATHI PARIS e-commerce site: marathi-paris.com.These products and services are offered while stocks last.Each product is accompanied by a description drawn up by MARATHI PARIS from information provided by the brand’s partner manufacturers.The photographs in the e-shop catalog are as accurate as possible, but cannot guarantee a perfect similarity with the product purchased, particularly with regard to colors, as all stones are natural, as is the wood used; moreover, all the products offered are handcrafted, hence the possible variations from one piece to another. The colors you see on your screen also depend on your computer, so we cannot guarantee that the display of any color on your computer will accurately reflect the color of the goods delivered.
3.2 MARATHI PARIS further reserves the right to remove any product from the marathi-paris.com website at any time and to remove or modify any material or content on the website without notice and without liability for any damages resulting from the foregoing actions. We may also change the dimensions and specifications of products displayed on the site from time to time without notice.
3.3 The Buyer selects the product(s) he/she wishes to order from the catalog published by the Company on its e-commerce site marathi-paris.com, and may access the summary of his/her Order at any time.
3.4 The Order summary shows the products selected by the Buyer. The Buyer may modify his/her Order and correct any errors before accepting it.
3.5 Once the General Terms and Conditions have been accepted and the Order validated, the contract is validly concluded between the Company and the Buyer and is irrevocably binding on both parties.
3.6 Once the Order has been validated, the Purchaser enters his/her bank details in order to proceed with payment. The invoice will be available in your account.
3.7 The Company will then send the Customer an Order confirmation by e-mail, containing the elements of the Order summary and the billing addresses provided.
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Order price and payment terms
4.1 The prices shown in the Site catalog are inclusive of VAT in euros applicable on the day of the order. Any change in the rate may be reflected in the price of the products or services offered. MARATHI PARIS reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
4.2 The total amount is indicated in the Order summary, before the Buyer accepts these GCS, validates his Order, enters and validates his billing details and proceeds to payment.
4.3 The prices indicated include the costs of processing the Order, but do not include the costs of transport or delivery, or any applicable customs duties. Any customs duties or other local taxes or import duties or state taxes that may be payable shall be borne by the purchaser. In the case of a payment originating from a country other than France, it is specified that the Buyer’s bank may charge additional fees which are not the responsibility of the Company and are to be borne by the Buyer.
4.4 Payments are made by credit card (Carte Bleue, Visa, Visa Electron, Master Card) via the Axepta BNP secure payment system. This ensures that the information transmitted is encrypted by software, which guarantees the total confidentiality of the Buyer’s banking information, and that no third party can gain knowledge of it during transport on the network.
4.5 The Company reserves the right to suspend or cancel the execution of any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Buyer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site and the payment of an Order.
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Geographical area
5.1 The online sale of products and services presented on the MARATHI PARIS website is reserved for Buyers who reside in France, in the countries of the European Union, in Switzerland, in the United Kingdom and in the United States. For delivery to any other country, the Buyer may contact the Company at the following e-mail address contact@marathi-paris.com.
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Orders / Purchasing
6.1 The Buyer, who wishes to place an Order, must: – complete the registration form on which he/she will indicate all the contact details requested. The Buyer is responsible for the accuracy and completeness of the personal data he/she provides; in the event of an error in the wording of the details of the recipient of the Order, MARATHI PARIS shall not be held responsible for the impossibility of delivering the products and the Buyer shall in no way be entitled to claim any reimbursement or compensation.- confirm the Order and payment.Confirmation of the Order implies acceptance of these GCS, acknowledgement of full knowledge thereof, and waiver of the right to invoke its own terms and conditions of purchase or any other terms and conditions.All data supplied and the recorded confirmation shall constitute proof of the transaction. Confirmation shall constitute signature and acceptance of the operations carried out.The Company will send confirmation of the registered order by e-mail, including details of the products ordered.
6.2 The Buyer is reminded that the Company prefers small stock quantities in order to guarantee the rarity and exclusivity of the items. Thus, the Company undertakes to honour orders received on its Site only within the limits of available stocks of products. If a product is not available, the Company undertakes to inform the Buyer, but cannot be held responsible for the cancellation of an Order due to its unavailability. MARATHI PARIS reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, a shortage of raw materials or in the event of any difficulty concerning the order received.
6.3 Furthermore, MARATHI PARIS cannot be held responsible for any error or delay in updating the stock, whatever the cause. MARATHI PARIS takes the utmost care in the presentation and description of its products in order to provide the Buyer with the best possible information. However, it is possible that errors may appear on the site, which the Buyer acknowledges and accepts.
6.4 The Company may be unable to accept the Buyer’s Order for the following reasons 1. the product ordered is out of stock. 2. there is an error in the price or description of the product. 3. failure to comply with the Order eligibility criteria set forth in these GTS. In all cases, the Company will inform the Buyer by e-mail within 72 hours of receipt of the order.
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BUYER’S OBLIGATIONS
- The Buyer undertakes to comply with the terms of these GCS.
- The Buyer undertakes to use the Site in accordance with the Company’s instructions.
- The Buyer agrees to use the Site for personal and business use only, in accordance with these GTC. In this respect, the Buyer agrees to refrain from:
- Use the Site in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions.
– To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the contents (hereinafter the “Contents”) appearing on the Site or to decompile, disassemble, modify, display in a form readable by the Buyer, attempt to discover any source code or use any software enabling or comprising all or part of the Site.
– Attempt to gain unauthorized access to the Site’s computer system or engage in any activity that disrupts, diminishes the quality of or interferes with the performance or deteriorates the functionality of the Site.
– To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
– Infringe the Company’s intellectual property rights.
– To disparage the Site and/or the Company.
- If, for any reason whatsoever, the Company considers that the Buyer is in breach of these GCS, the Company may, at any time and at its sole discretion, remove the Buyer’s access to the Site and take any measures, including civil and criminal legal action, against the Buyer.
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Deliveries
8.1 Deliveries are secured and made to the address indicated in the Order, which can only be within the agreed geographical area defined in article 4 above).The risks of damage during transport are borne by the Buyer from the moment the products leave MARATHI PARIS’ premises. In the event of damage during transport, a justified protest must be made to the carrier within three days of delivery.Delivery times are given as an indication only: if they exceed thirty days from the order date, the sales contract may be cancelled and the Buyer reimbursed. Products in stock are usually dispatched within 3 to 5 working days in France, and within 1 week to 10 days internationally; recycled gold products made to order are manufactured and dispatched within an average of 6 to 8 weeks. Shipping is free in France for orders over €500, and internationally for orders over €1000.
8.2 MARATHI PARIS specifies that orders validated before 12:00 pm (Paris time, France) are generally dispatched the same day, or, failing that, the next working day. Orders placed on Fridays from 12:00 pm, Saturdays or Sundays cannot be dispatched before the following Monday (excluding public holidays).
8.3 MARATHI PARIS shall in no way be held responsible for delays in delivery due to supply from partner workshops, nor shall it be held liable for penalties or damages of any nature whatsoever, due to delay or non-delivery due to force majeure or fortuitous event. Force majeure occurs when an event beyond the control of the debtor, in this case the Company, which could not reasonably have been foreseen when the contract was entered into and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
8.4 In the event of force majeure, MARATHI PARIS’ obligations are suspended without any particular formality, and MARATHI PARIS is released from all liability.
8.5 Upon receipt of the Order, the Buyer shall check the conformity of the products received. Any anomaly concerning the delivery (missing or broken product, damaged parcel) must be notified on the day of receipt or at the latest on the first working day following receipt, to the following address: contact@marathi-paris.com, otherwise MARATHI PARIS cannot undertake to reimburse the order. The products delivered comply with MARATHI PARIS’ offers, subject to the tolerances permitted by the practices of the profession and manufacturers. The Company guarantees the products sold only within the conditions and limits of the legal guarantee of conformity provided by articles L. 217-1 et seq. of the French Consumer Code and the legal guarantee of hidden defects provided by articles 1641 et seq. of the French Civil Code.
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Returns and refunds
9.1 The Company wants Buyers to be completely satisfied with the products ordered online. If, for any reason whatsoever, this is not the case, Purchasers benefit from a withdrawal period of fifteen days from delivery of their order to exercise their right of withdrawal and must within this period make a request for return by e-mail to the address contact@marathi-paris.com in order for the Company to validate this request. Buyers must indicate their full name, telephone number, order number and the reason for the return.
9.2 Upon receipt of your package, you have 14 days to send us your request and ship your return. The return of the product to Marathi Paris for exchange or refund is made without penalty, the cost of return being borne by the company in France only, within fourteen days of the communication of his decision of withdrawal.The returned product must have kept its security label attached and be shipped in perfect new condition in its original packaging, including the certificate of authenticity. A sale will be considered final if this seal has been broken, or if the item is used or incomplete.
9.3 The refund will be made by the Company within approximately one week of receipt of the product returned and validated as compliant. The Company reserves the right to accept or refuse the returned item depending on its qualitative condition and in this case not to reimburse it; any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
9.4 The Company will make this refund using the same means of payment as that used by the Buyer for the initial transaction. The Company is not obliged to reimburse additional costs if the Purchaser has expressly chosen a more expensive delivery method than the standard delivery method offered by the Company.
9.5 The Company accepts only one exchange. As soon as the Buyer has received another item following an exchange, the Order will be considered complete and definitive. No other exchange, return or refund will be accepted.
9.6 All claims, requests for exchange or refund must be made by e-mail to the following address: contact@marathi-paris.com, within fifteen days of delivery.
9.7 In the event of cancellation of an Order in one of the cases provided for in article 6.4, the Company will refund the Order in full within a maximum of one week, using the same means of payment as that used by the Buyer for the initial transaction.
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Warranty
10.1 All products supplied by the Company benefit from a limited one-year warranty for each piece of jewelry purchased on our MARATHI PARIS e-boutique. Each warranty is dated from the date of your purchase, and noted on the Buyer’s Certificate of Authenticity, given at the time of purchase. This certificate should be kept with your jewel, as it is proof of the jewel’s warranty. The Buyer is responsible for his certificate, and it is up to him to demand the certificate if it has not been handed over at the time of purchase.
10.2 In the event of non-conformity of a product sold, it may be returned to the Company, which will take it back, exchange it or refund it. Any product defect caused by abnormal use by the Buyer (dropping, torn jewelry, sea water, etc.), will not be covered by the warranty, but we will be able to see together how to repair it as far as possible. The Company reserves the right to refuse unreasonable requests for compensation. To return a repair or make an inquiry, please send an e-mail to the following address: contact@marathi-paris.com.
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Liability, errors & omissions
11.1 The Company shall take all appropriate measures to ensure the supply of the Site to the Customer.
11.2 In the online sales process, the Company is bound only by an obligation of means; it may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.
11.3 It is expressly stipulated that the Company shall in no way be held liable, in any way whatsoever, in the event that the Buyer’s computer equipment or electronic mailbox should reject, for example as a result of anti-spam software, the electronic mail sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the Order summary or the shipment tracking e-mail.
11.4 In addition, information on the Site may from time to time contain typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, product shipping costs, delivery times and availability. The Company reserves the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on any other website is inaccurate, at any time and without notice (including after the Buyer has placed your order).
11.5 The Site may contain links to other sites not edited or controlled by the Company, which may not be held responsible for the operation, content or any element present on or obtained through these sites.
11.6 The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by the Company of these sites and elements or their content.
11.7 The Company is not responsible for the availability of these websites and cannot control their content nor validate the advertising, service(s) and other information published on these websites.
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Intellectual property
12.1 All Content on the Site and the Site itself are protected by intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.
12.2 The “MARATHI” name and trademark and the Company’s creations protected by copyright and/or design rights, as well as all signs represented on this Site, are and shall remain the exclusive property of the Company.
12.3 No title or right whatsoever in any material or software shall be obtained by downloading or copying material from this Site. The Buyer is expressly prohibited from reproducing (other than for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or performing any work based on this Site and the Content, elements and software contained herein, nor from selling or participating in any sale in connection with this Site, the Content, the elements of this Site or any software related thereto.
12.4 No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio.
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Personal data
13.1 The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Buyers’ personal data.
13.2 The collection of personal data is necessary for the processing and delivery of orders and for the preparation of invoices.
13.3 The Buyer has the right to access, modify, rectify and delete his personal data. Any queries can be sent to contact@marathi-paris.com.
13.4 The Company undertakes to comply with the provisions of Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
13.5 The Buyer is invited to read the Privacy Policy and the Cookie Management Policy on the Site.
13.6 The Buyer undertakes not to undermine the security of the Site. To this end, he/she undertakes not to access and/or maintain the Company’s information system fraudulently. Nor may the Buyer damage or interfere with the Company’s information system. Should he fail to do so, the Company may take any action against him, including incurring criminal liability under articles 323-1 et seq. of the French Penal Code.
13.7 NEWSLETTER
By ticking the box provided for this purpose or by expressly agreeing to this, the Buyer accepts that the Company may send him/her, at a frequency and in a form determined by the Buyer, a newsletter which may contain information relating to its activity.
When the Buyer ticks the box provided for this purpose in the Site registration process to place the Order, he agrees to receive commercial offers from the Company.
Buyers may unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.
- Applicable law and jurisdiction
14.1 These GCS are governed by French law, without regard to principles of conflict of laws.
14.2 Any dispute which may arise between the Buyer and the Company shall be subject to the jurisdiction of the courts having jurisdiction over the Company’s registered office.