Terms of sale

TERMS AND CONDITIONS www.margauxkellercollections.com (the "Site") is published by the Company MKCollections, a simplified joint stock company with a capital of 3000 €, whose registered office is located at 74 rue Saint-Jacques- 13006 Marseille, registered with the Trade and Companies Register of Marseille under the number 852 716 349, including the intra-community VAT number FR 69 852 716 349. I. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE The general conditions of sale (the "CGV") detailed below apply to all orders of products via the Site (the "e-shop") with MKCollections by any person (the "Customer"). The Customer must take note of the GCS before any order (the "Order"), the GCS being available on the Site. MKCollections reserves the right to adapt or modify at any time these GCS. The version of the GCS applicable to any sale being that appearing on line on the www.margauxkellercollections.com site at the time of the Order. Consequently, the fact of placing an Order requires the whole adhesion preliminary and, without reserve, with the GCS by the Customer while clicking on the button "I read and I accept the general terms of sale". II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE www.margauxkellercollections.com is an e-commerce site owned and operated by MKCollections. The Site is accessible to all the users of the Internet network in principle 24/24h, 7/7d, except interruption, programmed or not, by MKCollections or its providers, for the needs of its maintenance and/or safety or case of absolute necessity (as defined below). MKCollections could not be held responsible for any damage, whatever its nature, resulting from an unavailability of the Site. MKCollections does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. It can in this respect determine freely and with its whole discretion any period of unavailability of the Site or its contents. MKCollections cannot be held responsible for problems of data transmission, connection or network unavailability. MKCollections reserves the right to make the Site evolve, for technical or commercial reasons. When these modifications do not alter the conditions of the supply of the services, in a substantial and negative way, the Customer can be informed of the modifications occurred, but his acceptance is not requested. III. REGISTRATION ON THE SITE To track an Order, the Customer can register on the Site by creating an account containing the Customer's information ("Login" tab). The Customer's registration on the Site is validated by our hosting provider Squarespace after verification of the standard form completed by the Customer. The Customer receives an e-mail confirmation of registration. When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Client is required to always update his personal information. In the event of error in the wording of the coordinates of the recipient, MKCollections could not be held responsible for the impossibility of delivering Products. By registering on the Site, the Customer declares and guarantees to MKCollections that it is major and has the legal capacity to contract. MKCollections can delete the Account of the Customer at any time, for any reason, at its sole discretion. IV. PRODUCTS The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever is the origin, does not engage the responsibility for MKCollections. For this reason, MKCollections could not be held responsible for the cancellation of an Order of a Product because of the exhaustion of stocks. MKCollections takes the greatest care in the presentation and the description of its Products to satisfy the best information of the Customer. It is however possible that errors can appear on the Site, which the Customer recognizes and accepts. MKCollections does not guarantee either the accuracy or the safety of the information transmitted or obtained by means of the Site. V. ORDERS The taking of Order on the Site is subjected to the respect of the procedure set up by MKCollections on the Site comprising successive stages leading to the validation of the Order. The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket recapitulates the Products chosen by the Customer as well as the prices and the expenses relating to it. The Customer may freely modify the Basket before validating his Order. The validation of the Order shall constitute confirmation of the Customer's acceptance of the GCS, the Products purchased, their prices and the associated costs. An email of confirmation recapitulating the Order (Product (s), price, availability of the Product (s), quantity...) will be addressed to the Customer by MKCollections. To this end, the Customer formally accepts the use of e-mail for the confirmation by MKCollections of the contents of his Order. The invoices are available in the heading "my account" of the Site. VI. REFUSAL TO PROCESS AN ORDER MKCollections reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information on the Site. Despite the best efforts of MKCollections to satisfy the expectations of its clients, MKCollections may refuse to process an Order after having sent the Client the confirmation e-mail summarising the Sales Order. MKCollections shall in no way be held responsible towards the Client or any third party for any typographical errors or omissions on the Sales Order transmitted to MKCollections.com, nor shall MKCollections be held responsible for any typographical errors or omissions on the Sales Order transmitted to MKCollections.com, nor shall MKCollections be held responsible for any typographical errors or omissions on the Sales Order transmitted to MKCollections.com, nor shall MKCollections be held responsible for any typographical errors or omissions on the Sales Order transmitted to MKCollections.com. MKCollections also reserves the right to refuse or cancel any Sales Order placed by a client with whom it has a dispute over payment of a previous Sales Order. VII. PRICE AND METHODS OF PAYMENT The prices of the products are indicated on the Site in euros for Europe, including VAT, but excluding delivery costs. All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union. MKCollections reserves the right to modify its prices constantly but the Products will be invoicees on the basis of the tariffs in force at the time of the recording and the payment of the Order, subject to availability. The Products are payable cash at the time of the effective Order. The payment of purchases is made either via Paypal or via the secure platform of our payment provider STRIPE. Paypal (Europe) S.à.r.l. et Cie, is a Luxembourg limited partnership limited by shares, registered with the R.C.S. of Luxembourg under the number B118349, whose registered office is located at 22-24, Boulevard Royal - L-2449 Luxembourg. For all information, the Client may consult the following website: https://www.paypal.com. Sripe is an American company of Irish origin, intended for payment by Internet for professionals. The Customer expressly recognizes that the communication of his credit card number to MKCollections is worth authorization to debit his Account up to the price of the ordered Products. If necessary, a notification of cancellation of Order for non-payment is sent to the Customer by MKCollections on the email address communicated by the Customer at the time of his inscription on the Site. The data recorded and preserved by MKCollections constitute the proof of the Order and of the whole of the sales passed. The data recorded by Paypal or Stripe constitute proof of any financial transaction between the Customer and MKCollections. VIII. DELIVERY Deliveries are made by La Poste or DHL, from Monday to Friday, depending on the option chosen by the Customer when validating the Order. Delivery means the transfer to the Customer of the physical possession of the Products (the "Delivery"). The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the "Delivery and Returns" section. When MKCollections takes care of the routing of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of the Delivery. By exception, the risk is transferred to the Customer at the time of the handing-over of the Product to the conveyor when this one is in charge of transport by the Customer and not by MKCollections. The Delivery is carried out at the address of delivery indicated by the Customer, being specified that this one must be the address of residence of the Customer, of a natural person of his choice or a legal entity (delivery to his company). Delivery may not be made to hotels or post office boxes. In the event of impossibility of carrying out the Delivery, due to an erroneous delivery address or with the absence of withdrawal by the Customer of his Order near the selected point of withdrawal or DHL, no forwarding could be carried out and the Customer will be refunded within five (5) days as from the reception of the Order by MKCollections. Except specific indication, MKCollections delivers the Orders within a maximum time of principle of twelve (12) working days for a Delivery in Metropolitan France and of twenty (20) working days for an International Delivery, this time being counted as from the first working day after the validation of the Order. In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the Delivery address (such as, in particular: street, building and staircase numbers, access codes, names and/or intercom numbers, etc.). MKCollections could not be held responsible for the delay of routing not being of its fact or justified by a case of absolute necessity (as defined below). In the event of overtaking of the time of Delivery, the Customer will be able to ask for the cancellation of the sale and to obtain within a maximum time of fourteen (14) days of his request in this direction the refunding of the sums paid at the time of the Order. Notwithstanding what precedes, MKCollections could not be held responsible for the harmful consequences consecutive to a delay of routing, only the refunding of the Product by MKCollections being possible to the exclusion of any other form of compensation. IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS 9.1. Time limit and procedures for exercising the right of withdrawal In accordance with the article L.221-18 of the Code of the Consumption, the nonprofessional Customer has a fourteen (14) days deadline as from the reception of the Order to exert his right of retractation near MKCollections, without having to motivate his decision. The exercise of the right of withdrawal can be made either by logging into his customer account in the section "Login", or by sending an email to bonjour@margauxkellercollections.com. 9.2 Methods of returning the Order within the framework of the right of withdrawal The right of withdrawal is exercised without penalty. The Customer returns the Order with the prepaid return voucher provided by MKCollections, without excessive delay and, at the latest, within fourteen (14) days following the communication of his decision to retract in accordance with article L. 221-21 of the Code of the Consumption. Beyond this fourteen (14) day period, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unused. The return of the Products is supported by MKCollections if the place of Delivery is carried out in France. The return of the Products is the responsibility of the Customer and is done at his risks if the place of Delivery is not in the specified country. 9.3. Reimbursement of Products returned within the framework of the right of retraction The refund of the Order by MKCollections is carried out at the latest in the fourteen (14) days as from the date on which it is informed of the decision of the Customer to retract. However, the refund intervenes subject to MKCollections has been able to recover the Products object of the return and the request for refund. MKCollections carries out refunding by using the same means of payment as that which will have been used for the payment of the Order. If and only if the latter has expired, MKCollections will approach the Customer in order to carry out the refund by another means of payment and insofar as the refund does not cause additional costs for MKCollections. If the Customer does not respect these GCS, MKCollections will not be able to proceed to the refund of the Products concerned. In all cases, the return costs are the responsibility of MKCollections if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged. X. GUARANTEES - LIMITATION OF RESPONSIBILITY The liability of MKCollections with respect to any Product purchased on the Site is strictly limited to the purchase price of the Product. MKCollections will not be liable for any of the following losses, regardless of their origin: - loss of income or sales - operating loss - loss of profits or contracts - loss of anticipated savings - lost data - loss of work or management time - image damage - loss of chance, and in particular to order a Product, - moral prejudice. The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law. MKCollections makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to cause damage, destroy or otherwise impair any functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content made by the Client, the software used by the Client to download the content, the Site or the server that makes it available. In this regard, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device to protect it against any bugs, viruses or other such programming routines that may prove harmful. The Client acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data resulting from the downloading of such content. MKCollections is only held to deliver Products in conformity with the contractual provisions. The Products are regarded as being in conformity with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria generally accepted for products of the same kind and which can reasonably be expected. In addition, MKCollections guarantees consumers against defects in conformity and latent defects for the Products on sale on the Site under the following conditions: Apparent defect - Warranty - Legal of conformity - Hidden defects The presence of an apparent defect on a Product must give rise to a complaint by e-mail (bonjour@margauxkellercollections.com). The Customer will have to conform to the procedure relating to the right of retractation by informing MKCollections beforehand by all means of the existence of this apparent defect, so that the return can be accepted. Subject to the validation of a nonconformity or a vice concealed by MKCollections, the Customer benefits from the following guarantees: MKCollections whose registered office is located at 74 rue Saint-Jacques 13006 Marseille, France, acts as guarantor within the meaning of the provisions of the articles L 217-5 and following of the Code of the Consumption and 1641 and following of the Civil code. Thus the Client : - has a period of two (2) years from the delivery of the Product to act in case of lack of conformity of the Product, - shall be exempt from furnishing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product, - may choose between repairing or replacing the Product, subject to the cost conditions set forth in Article L217-9 of the French Consumer Code ; The legal guarantee of conformity applies independently of the commercial guarantee described below. In addition, the Customer may also implement the legal guarantee for hidden defects of the item sold, within the meaning of Articles 1641 et seq. of the French Civil Code. The legal guarantee for hidden defects allows the Customer, within a period of two years from the discovery of the defect, to reimburse the Customer for a Product that has proved to be unfit for its use. The guarantee of latent defects allows the Customer to be protected against latent defects in the purchased Product that prevent its use or affect it to such an extent that the Customer would not have purchased it. The Customer then has the choice between two options: keep the Product and request a reduction in price, or return the Product and request a refund of the price paid, in accordance with Article 1644 of the Civil Code. In order to implement these guarantees, the Product must be turned over, in its packing of origin, in its state of origin, new, not used with the references of the initial Order to the head office of MKCollections, after the sending of an e-mail indicating the reason for the return of the Product. For all purposes, it is recalled the following legal provisions: Article L217-4 of the Code of the Consumption: "The salesman delivers a good in conformity with the contract and answers for the defects of conformity existing at the time of the delivery. The seller is also liable for defects in conformity resulting from packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility. » Art. L217-5 of the Consumer Code: "The good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, where appropriate (a) if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;(b) if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter. » Article L217-7 of the Consumer Code: "Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. » Article L217-8 of the Consumer Code: "The buyer is entitled to demand that the goods comply with the contract. However, he may not contest the conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect has its origin in the materials which he himself has supplied. » Article L217-9 of the Consumer Code: "In the event of lack of conformity, the buyer chooses between repair or replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer. » Article L217-10 of the Consumer Code: "If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the good and the use he is seeking. However, the sale may not be rescinded if the lack of conformity is minor. » Article L217-11 of the Consumer Code: "The application of the provisions of articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the allocation of damages and interest. Art. L217-12 of the Consumer Code: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. » Article L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law. » Art. 1641 of the Civil Code: 'The seller is bound by the warranty in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lesser price for it, if he had known of them. » Article 1642 of the Civil Code: "The seller is not bound by apparent defects of which the buyer has been able to convince himself. » Art. 1643 of the Civil Code: 'He is bound by latent defects, even if he did not know of them, unless, in that case, he has stipulated that he will not be bound by any guarantee. » Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or of keeping the thing and having part of the price refunded. » Art. 1646 of the Civil Code: 'If the seller was unaware of the defects of the thing, he shall be bound only to restore the price and to reimburse the buyer for the costs incurred by the sale. » Art. 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…) » Force Majeure In the event of occurrence of an event of force majeure preventing the execution of these GCS, MKCollections informs the Customer within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt. In an express way, are regarded as case of absolute necessity or fortuitous occurence, in addition to those usually retained by the jurisprudence of the French courts and tribunals, the total or partial strikes, lock-out, riot, boycotts or other actions in industrial matter or commercial disputes, civil disorder, insurrection, war, act of terrorism, bad weather, epidemic, blocking of the means of transport or supply for some reason that it is, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in marketing forms, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties that prevents the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the event of force majeure lasts more than three (3) months, the transaction concerned can be cancelled at the request of MKCollections or the Customer without compensation on both sides. The non-payment by the Customer cannot be justified by a case of force majeure. XI. PARTIAL INVALIDITY If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. XII. NON-WAIVER No tolerance, inaction or inertia on the part of MKCollections shall be construed as a waiver of its rights under the GTC. XIII. MEDIATION - APPLICABLE LAW - JURISDICTION The sale of the Products is subject to French law. In the event of a complaint not resolved amicably by Customer Service, and in accordance with Article L612-1 of the Consumer Code, the Customer may use free mediation service MEDICYS, to which MKCollections is a member, electronically at https://app.medicys.fr/ or by mail: MEDICYS - 73 boulevard de Clichy - 75009 Paris. The Mediation Service can be contacted for any consumer dispute that has not been settled. The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. In the absence of an amicable resolution, any dispute relating to the interpretation of the GCS, the execution or termination of a sale, the interpretation, execution or termination of the present terms and conditions shall be submitted, in the absence of an amicable agreement, to the legally competent courts. LEGAL INFORMATION It is reminded that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet. I. EDITOR MKCollections, a simplified joint-stock company with a capital of 3000 €, registered with the Marseille Trade and Companies Register under the number 852 716 349, whose head office is 74 rue Saint-Jacques, 13006 Marseille France. The directors of the publication are Margaux Keller, legal representative of MKCollections as President and Anaïs Fretigny, legal representative of MKCollections as Managing Director. Contact: bonjour@margauxkellercollections.com II. HOUSEHOLD Squarespace III. DESIGN AND IMPLEMENTATION MKCollections IV. PERSONAL DATA AND COOKIES In accordance with the provisions of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, the site has been declared to the CNIL (Commission Nationale Informatique et Libertés) under number 2039445. All your Account information is only used within the framework of your commercial relationship with www.margauxkellercollections.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by Paypal or by the secure payment module of our partner STRIPE. The Site uses cookies (connection cookies), which the user is informed of when arriving on the website. These cookies enable the recording of information relating to the navigation of the computer on the website. These cookies are installed only after acceptance by the user, the continuation of the navigation on the website being considered as acceptance. The user may oppose the use of these cookies by configuring his browser, bearing in mind that access to certain services may require the user's prior acceptance of cookies. FREE RETURNS Metropolitan France, Belgium, Germany, UK, Italy, Spain, the Netherlands, Portugal, Finland, Sweden, Denmark and Luxembourg. SECURED PAYMENT Visa, Mastercard, Amex, Paypal, Maestro, Sofort, iDEAL