GTC – General terms and conditions of sale for the www.comptoirdestissus.fr website
Preamble

MARA TEXTILES is the publisher and operator of the www.comptoirdestissus.fr website. Its purpose is the online sale of fabrics and sewing accessories. These General Terms and Conditions of Sale govern all contracts concluded from the website accessible at the URL address www.comptoirdestissus.fr. They are concluded between: The company MARA TEXTILES and the individual or professional CUSTOMER, on the other hand the CUSTOMER and the company MARA TEXTILES will be collectively called the PARTIES.

Important: ANY ORDER MADE ON THE SITE www.comptoirdestissus.fr IMPLIES MANDATORY ACCEPTANCE WITHOUT RESERVATION, BY THE CUSTOMER, OF THESE GENERAL CONDITIONS OF SALE (GCS). IT IS UNDER THESE CONDITIONS THAT THE PARTIES HAVE DECIDED AND AGREED AS FOLLOWS:

Article 1. DEFINITIONS

The terms mentioned below have the following meaning in these GENERAL TERMS AND CONDITIONS OF SALE:

PRODUCTS: Refers to all the products available on the www.comptoirdestissus.fr website.
E-COMMERCE SITE: Refers to the website accessible at www.comptoirdestissus.fr. It groups together all the web pages hosted and products offered to CUSTOMERS.
The CUSTOMER: Refers to the contracting party of the company MARA TEXTILES who guarantees to have the quality of private customer/consumer as defined by French law and jurisprudence.
GENERAL CONDITIONS OF SALE or GCS: Refers to the present contract deemed accepted by the PARTIES.
DELIVERY: Delivery is deemed to have taken place on the date of the first presentation of the PRODUCTS at the delivery address provided by the CUSTOMER when the order was placed.

Article 2. PURPOSE OF THE CONTRACT

The purpose of these GCS is to set out the contractual provisions relating to the respective rights and obligations of the PARTIES in connection with the sale of PRODUCTS on the E-COMMERCE SITE.

Article 3. MODIFICATIONS TO THE GST

MARA TEXTILES may modify these GCS at any time. The CUSTOMER will be informed of the nature of these modifications as soon as they are posted on the www.comptoirdestissus.fr website.
The modifications will come into force 1 month/days after they are posted on the site. Only the GCS published on the day of the order are applicable. They are brought to the attention of the CUSTOMER at the time the order is placed by the CUSTOMER, who will have accepted them prior to any confirmation of the order.

Article 4. NATURE OF THE GENERAL TERMS AND CONDITIONS

Under no circumstances do these GTC confer on the CUSTOMER the status of employee, agent or representative of MARA TEXTILES. The PARTIES further declare that these GTC may under no circumstances be considered as an act constituting a legal entity or any other legal entity, and that any form of “affectio societatis” is formally excluded from their relationship. The contract may be concluded in French or in any other language.

Article 5. PRODUCTS OFFERED

All PRODUCTS are described by MARA TEXTILES as accurately as possible based on information provided by suppliers. In some cases, French-language instructions are also supplied with the PRODUCTS. In case of doubt about the characteristics of a PRODUCT, the CUSTOMER may contact MARA TEXTILES at 05 61 70 44 68 (cost of a local call not surcharged). MARA TEXTILES cannot be held responsible for any insubstantial difference between the photograph of the PRODUCTS on the E-COMMERCE SITE and THE PRODUCT ordered. To enable the customer to examine the goods before purchasing, we offer to send sample(s).
The PRODUCTS ordered and the promotional offers proposed by MARA TEXTILES are only valid while stocks last.
PRODUCT offers and prices are valid only as long as they are visible on the site and within the limits of available stocks.

Article 6. PRICES

All orders placed on the website www.comptoirdestissus.fr are payable when the order is placed. CUSTOMERS may pay for their orders by credit card. PRODUCT prices may change at any time depending on MARA TEXTILES’ pricing policy. The PRODUCTS ordered are invoiced at the price in force when the order is registered. The prices displayed include the VAT applicable on the date the CONTRACT is concluded. Any change in the VAT rate may be reflected in the price of the PRODUCTS.

Article 7. ORDERING

– The ordering process is as follows:
Choose the desired item and indicate the quantity to be ordered. Follow the instructions, accept the General Terms and Conditions of Sale and then receive confirmation of your order. In accordance with Article 1369-5 of the Civil Code relating to the conclusion of a contract in electronic form, the CUSTOMER can view the details of his order and its total price, correct any errors, before confirming it to express his acceptance. The company MARA TEXTILES reserves ownership of the PRODUCT(S) until full payment of the order, ie the receipt of the order price by the company MARA TEXTILES. The company will bear the risks on the PRODUCTS until their delivery to the address specified by the CLIENT on the order form or in his customer account. Pursuant to the provisions of the French Civil Code, the contract will be concluded on the second click of the order, by which you confirm your shopping basket after having had the opportunity to correct it.

Article 8. DELIVERY

The PRODUCTS available on the E-COMMERCE SITE can be delivered in France or other countries under certain financial conditions. The DELIVERY period begins once the ORDER has been paid in full. This period will be specified on the CUSTOMER’s order verification page. The CUSTOMER is obliged to check the conformity of the goods delivered at the time of delivery. Any anomaly concerning the PRODUCT (missing PRODUCT compared to the order form, damaged parcel, defective PRODUCTS, etc.) must be indicated immediately upon delivery and as soon as possible (14 days), in accordance with the terms and conditions of Article 9 of these GTCS. Any error or modification made by the CUSTOMER in a current delivery order, regardless of the nature of the error or modification, will result in an extension of the DELIVERY deadline in accordance with the terms and conditions defined by the E-COMMERCE WEBSITE. The resulting additional costs will be borne by the CUSTOMER. In case of stock shortage, the company MARA TEXTILES reserves the right to deliver a PRODUCT of equivalent quality and price or to cancel and refund.

Article 9. CONFORMITY & LEGAL WARRANTY

In the case of non-conformity, the CUSTOMER must notify MARA TEXTILES as soon as possible after delivery, in accordance with Article 8 of these GTCS, of all non-conformities, in particular via the E-COMMERCE SITE at the address below: www.comptoirdestissus.fr with the following information: order number, surname, first name and address; reason(s) for the return for non-conformity. However, this guarantee is limited to normal use of the PRODUCT. If the lack of conformity is proven, the CLIENT may either obtain the repair of the PRODUCT within 14 days, or its replacement. In the event that the CLIENT’s choice entails a cost that is manifestly disproportionate to the other option offered, to the value of the PRODUCT or to the significance of the defect found, MARA TEXTILES reserves the right to opt for the second solution offered. Similarly, in the event of replacement or repair being impossible, MARA TEXTILES undertakes to refund the price within 14 days in exchange for the return of the PRODUCT by the CLIENT to the address indicated in the dispatch note.MARA TEXTILES shall not be held liable for any apparent defects that the CUSTOMER may have observed and convinced himself/herself of. However, in accordance with Articles 1641 et seq. of the French Civil Code, all PRODUCTS are covered by the legal warranty against latent defects which render them unfit for the purpose for which they were intended, or which reduce their usefulness to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.

Article 10. RIGHT OF WITHDRAWAL

MARA TEXTILES respects the legal withdrawal period of 14 calendar days. During this period, the consumer may return, at his own expense, any PRODUCTS that do not suit him. This period runs from the day after the day of DELIVERY of the consumer’s order. All returns must be reported in advance to the Customer Service of the company MARA TEXTILES by email to mara.textiles@orange.fr.
Exceptions to the right of withdrawal: products cut fabrics, coupons and ribbons, tailored or exclusive.
MARA TEXTILES recommends that the consumer return the products by Colissimo with a recommendation or additional insurance guaranteeing, where appropriate, compensation for the PRODUCTS at their actual market value in case of spoliation or loss of these goods.
This right of withdrawal is exercised without penalty, with the exception of the return costs, which remain the responsibility of the consumer. The value of items returned “Exceptions to the right of withdrawal: cut, made-to-measure or exclusive products” will then be reimbursed by re-crediting the bank account (secure transaction) in the case of payment by bank card, or by cheque in other cases (postage costs not reimbursed). With the CUSTOMER’s agreement, the value of the return may be re-credited to the CUSTOMER’s account in the form of a credit note and will be deducted from the following order(s).
In case of exercising the right of withdrawal, the company MARA TEXTILES will make every effort to reimburse the consumer upon receipt of the goods “Exceptions to the right of withdrawal: products cut fabrics, coupons and ribbons made, custom or exclusive.

Article 11. PROTECTION OF PERSONAL DATA

As part of the operation of the E-COMMERCE SITE, MARA TEXTILES may collect personal data. This data will be processed in accordance with the purposes for which it was collected. This site and the resulting processing of personal data have been declared to the French Data Protection Authority (Commission Nationale Informatique et Libertés). Any person whose personal data is processed has the right to access, rectify and object to the processing of his or her personal data. These rights may be exercised, in accordance with the law of 6 January 1978, as amended by the law of 6 August 2004, by sending a simple request by e-mail to mara.textiles@orange.fr, providing proof of identity and a legitimate reason if required by law.

Article 12. LIABILITY

The company MARA TEXTILES can not be held liable in case of non-performance or improper performance of contractual services attributable to the CUSTOMER including during the order entry. MARA TEXTILES may not be held liable, or considered to have breached these conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.

Article 13. GENERAL PROVISIONS

The fact that one of the PARTIES has not demanded the application of any clause of these GCS, whether permanently or temporarily, shall in no case be considered as a waiver of the said clause. These GCS do not confer any exclusivity on the provision of services, or any guarantee of quantity or market share to the CUSTOMER. If any provision of these GCS is invalid under any applicable law or regulation and/or any court decision having the force of res judicata, it shall be deemed to be unwritten but shall in no way affect the validity of the other provisions, which shall remain in full force and effect. In such a case, the PARTIES will come together to agree on a new provision to replace the one declared null and void, it being understood that the new provision will have to respect as much as possible the spirit and the economic impact on the PARTIES of the replaced provision.

Article 14. ARCHIVING OF THE CONTRACT

The contracts concluded on our website (data relating to your order and the GTC in force on the date of your order) are archived for a period of 10 years. You may access archived contracts by sending a request by e-mail to mara.textiles@orange.fr .

Article 15. DISPUTES

For any complaint, please contact the customer service department at the seller’s postal or e-mail address indicated in ARTICLE 1 of these GTC.

The CUSTOMER is hereby informed that, in the event of a dispute, he/she may in any event have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method.

All disputes arising from the purchase and sale transactions concluded in application of these GTCS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

APPENDIX 1

Withdrawal form

Date __________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.comptoirdestissus.fr unless exclusions or limits to the exercise of the right of withdrawal are set out in the applicable General Terms and Conditions of Sale.

To the attention of SARL, MARA TEXTILES

139 Avenue du Sers – 31140 SAINT-ALBAN – France

I hereby give notice of withdrawal from the contract for the goods below:

– Order of (indicate date) :

– Order number: ……………………………………….

– Customer name: ……………………………………………………..

– Customer address: …………………………………………………

…………………………………………………

Customer’s signature (only if this form is sent on paper)