Terms of Sale

Preamble

This e-shop is the only official platform of the brand LES SENS DE MARRAKECH to offer you the cosmetics, accessories, perfumes and home fragrances of the brand.

LES SENS DE MARRAKECH (hereinafter referred to as « We or the seller ») is an e-commerce site accessible through the Internet. It is open to any user of this network (hereinafter referred to as "you or the buyer"). It is published by the company SARL LES FACTORIES OF VINCENDRIE, SARL with the capital of 60 000 euros, whose registered office is 10, street Edouard Branly - ZA Saint Eloi - 86000 Poitiers, registered with the Trade and Companies Register of Poitiers under the number 325 78090600013.

The Buyer and the Seller will be collectively referred to as the "Parties" and individually referred to as "Party".

The telephone number to contact LA VINCENDRIE is +33 5 49 45 60 09 (available Monday to Friday, from 8:30 am - 12:00 and 13:30 to 18:00).

Any order for a Product offered on the Site requires the consultation and express acceptance of the GTC, but this acceptance is not conditioned by a handwritten signature on your part.

It is stated that the Products are intended for the personal use of the buyer, without any direct relation to the professional activity of the latter. As such, the attention of the Buyer is particularly drawn to the fact that the amount of his order shall not exceed the sum of one thousand euros.

In addition, it is specified that the same Buyer can only order a maximum of 4 products of the same reference per order.

A single Buyer may only place one order per day. In case of order higher than the aforementioned amount and / or the number referred to above, the order will be considered as null. The User who wishes to buy on the Site, declares to have full legal capacity and to be of age.

The present general conditions of sale are in conformity with the provisions of the law n ° 2014-344 of March 17, 2014 related to the consumption.

1. Object

The purpose of these general conditions of sale is to define, all over the world, exclusively because of the relations that they establish on the Internet network and only on the Site, the rights and obligations of the Parties born from the online sale of the Products. offered on the Site. The Purchaser declares to have read and any order of one or more products of the Purchaser implies its unreserved acceptance and prior, full and entire, acceptance of these general conditions of sale and guarantees prevailing over any other document, except as otherwise expressly agreed in writing by LES USINES DE LA VINCENDRIE.

2. Products - Price - Unavailability

a. Products

The cosmetic products offered for sale on the Site as well as the services and accessories that may be attached thereto (the "Products") are those that appear on the Site, on the day of the consultation of the Site by the Purchaser and in the limit of available stocks.

The photographs and texts illustrating the Products do not enter the contractual field. If these photographs and / or texts are of an erroneous nature, the Seller's liability can not be incurred on this basis.

b. Price

Prices are quoted in Euros (€) and are valid in mainland France, Corsica and Monaco. They take into account possible reductions as well as the VAT., Applicable on the day of the order except significant modifications of the charges and in particular of the VAT.

The prices indicated do not take into account the shipping costs which will be invoiced in addition and amount per order to the amount indicated in the heading 4.a Costs and delivery times. Any promotions granted over a given validity period can not be combined with other discount offers.

The Seller reserves the right to modify its prices at any time but the Products are invoiced on the basis of the rates in force at the time of the registration of the order, subject however to the availability of said Products.

c. Unavailability

Our product offers are offered within the limits of available stocks. Make sure your contact information is correct: name, address, phone number and e-mail. Check at the time of the order, article by article, that the number and the price are well taken into account in your order form.

When a product is no longer available, we will inform you by email.

The Purchaser then has 48 (forty-eight) business hours (excluding weekends and holidays) from the receipt of the email information sent by the Seller to confirm via the procedure proposed by the Seller:

  • cancellation of the entire order
  • or the sending of the partial order under conditions of particular deliveries specified by the Seller.

After this period of 48 (forty-eight) hours, and if no request from the Buyer has been sent to the Seller via the procedure specified by the Seller, the partial order is sent to the Buyer and delivered to it at the standard delivery rate shown in the "Delivery" table below. The portion of the price corresponding to the unavailable Products is then refunded to the buyer within a maximum of fourteen (14) days from the notification of non-availability sent to the buyer according to the payment method used by the Buyer.

In the event that the Buyer requests the cancellation of the entire order, the Seller undertakes to reimburse the Buyer for the sums paid by him within a maximum of fourteen (14) days from the date of the order. date of receipt of the request, depending on the method of payment used by the Buyer.

3. Navigation - Terms - Validation - Confirmation and proof of the order

a. Navigation on the website.

The buyer can freely browse the different pages of the site, without being committed under an order.

b. Terms of the order

To enter an order, the Buyer must first connect to the Site.
The Buyer then has the opportunity to become acquainted with the various Products offered for sale on the day of the consultation of the Site and to choose his Products by browsing the different categories of Products.

At any time, the Purchaser may: - obtain a summary of the Products he has selected or modify his order, by clicking on "my basket". A summary of his order will appear on the screen. If the list presented corresponds to the Products he has chosen, the Buyer may continue his order by clicking on "Order". The Buyer is then informed of the amount of delivery charges.

The Buyer will have to identify himself, either in the column « Already registered? » By entering his e-mail address and his password if he is already a customer either by completing the form at his disposal, which contains the information necessary to identify him, including his surname, first name, postal address and registration number. phone. The Buyer is informed and agrees that the seizure of any identifier is proof of his identity and expresses his consent.

The data recorded by the Seller constitute the proof of all the transactions made between the Seller and the Buyer.

c.Validation and payment of the order.

After having read the status of his order, and once all the requested information has been filled in by the Buyer, he will be aware of the delivery charges and then he will choose the means of payment he wishes to use to settle his order. The latter will click on "I confirm my order" to pay for his order. The User can pay for his purchases:

- By credit card: the payments made online are secured by the 3D Secure system and by the SSL (Secure Socket Layer) protocol which is an encryption system for the capture and transmission of bank data.

- By the secure payment system Paypal: If you have a Paypal account, you can use it to make payment for your orders.

He must fill in the name on the card, the card number, the validity date and the check code on the back of the card or his Paypal account.

The Seller retains ownership of the Product (s) ordered until full collection of the price and its accessories including shipping costs by the Seller. In the event of a payment incident, the Buyer undertakes to return the products received to the Seller on the first request.

In any case, the Seller reserves the right to refuse any order or delivery in case of exceeding the ceilings indicated in the preamble, existing dispute with the Buyer, refusal of authorization to pay by credit card banking organizations , non-payment or partial payment.

d. Order confirmation

Once the order is confirmed and its payment validated as described above, a summary of the order of the Buyer is displayed and an email is sent to the address indicated by the Buyer.

e. Proof of the order

It is provided express agreement between the Seller and the Buyer that the emails are authentic between the Parties as well as the automatic registration systems used on the Site, including the nature and date of the order.

4. Conditions - Fees and receipt of delivery

a.Shipping cost.

For a successful delivery service, LES SENS DE MARRAKECH has selected Mondial Relay and So Colissimo for the national and international transport of your parcels. Thanks to a computer monitoring on the global network, your parcel is identified and the information is transmitted in real time as soon as it is taken care of, until the delivery.

The shipping costs are calculated automatically, according to the weight of the package and its place of delivery. You will see these fees once you have added all the items you want to buy in the cart, this allows you to get an estimate of the shipping costs inherent to your order simulation.

b.Terms of delivery

Once the order is prepared it is sent to the postal address provided by the Buyer on the occasion of his order. So you can choose your delivery method according to your case:

b1. Delivery in relay: Mondial Relay

This option is only possible in Metropolitan France. Mondial Relay deliver your parcel to a merchant near you. The choice of relay points are presented to you when placing your order. In order to track the delivery of your package, a package number will be sent to you.

b2. Home delivery: Colissimo

If you are available and you do not need an intermediation for the delivery of your parcel in Metropolitan France, you can opt for this choice of home delivery with Colissimo.

b3.International delivery: Colissimo

By using the services of Colissimo and outside Metropolitan France , we ship to the following countries: Germany, Italy, Austria, Belgium, Luxembourg, Netherlands, Portugal, Spain, Greece, Poland, United Kingtom, Suède, Ile de la Réunion, Guadeloupe, Martinique, Ile de St Martin, St Barthélémy, Guyane, Mayotte, Canada, Etats unis, Switzerland, Bulgaria, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Czech Republic, Slovakia, Slovénia, Mexico, Japan, Singapore, Australia.

c. Terms of delivery

Delivery deadlines are given as an indication (in working days and excluding weekends and holidays) and their non-compliance cannot give rise to compensation for damages. To know more about our delivery conditions, please consult the page about shipping.

d. Late delivery

n case of exceeding the maximum delivery time of thirty (30) days, the Buyer may exercise his right to denounce the order to the Customer Service.(05 49 45 60 09).

Upon exercise of the right of termination, the Seller shall refund all amounts paid by the Purchaser (including delivery charges), depending on the method of payment used within a maximum of fourteen (14) days in advance. from the receipt of the information, to the exclusion of any other compensation.

In case of partial delivery, the delivery can be made in several times, and this right concerns only the undelivered balance of the order.

Any delay in delivery must be reported as soon as possible by the Buyer by e-mail on serviceclient@lessensdemarrakech.com , so that the Seller can make a survey of the Carrier. The Buyer is informed that the duration of realization of an investigation is random and can be relatively long, the Seller not mastering its realization.

If during the course of this inquiry the order is found, it is immediately forwarded to the place of delivery specified in the order.

If at the end of this inquiry the loss of the order is confirmed, the Seller shall, at his own expense, resend the Product (s) to the Buyer or, in the event of definitive unavailability, refund to the account bank debited when ordering, the Buyer sums cashed.

e. Reception

Each delivery is deemed made as soon as the Product (s) is made available to the Buyer by the Carrier. It is the responsibility of the Buyer to verify immediately upon receipt of the Product (s) the conformity and integrity of the Product (s) shipped.

Any anomaly / reserve identified at the time of delivery (including late delivery, missing or damaged product) must be fully and accurately indicated by the Buyer on the receipt given by the Carrier at the time of the provision of Products and / or confirmed by registered letter to the Carrier within three (3) days of receipt of the order.

Any such reservation must be notified in parallel and as soon as possible to the Customer Service of the Seller on serviceclient@lessensdemarrakech.com . A copy of the complaint addressed to the Carrier must be attached.

5. Order compliance

In accordance with articles L 211-4 and according to the Consumer Code, the Seller is obliged to deliver a good in accordance with the order made by the Buyer and must answer for any lack of conformity existing at the time of the delivery of the latter.

Similarly, in accordance with article 1641 of the Civil Code, the Seller is bound by the guarantee for the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish so much this use that the Buyer would not have acquired it, or would have given a lower price, if he had known.

If the delivered Products are not in conformity with the Products ordered by the Buyer or if they present vices-hidden, the latter must send an e-mail to the Customer service of the Seller serviceclient@lessensdemarrakech.com to notify him of the non-conformity or hidden defects of his Product (s). In accordance with Article L 221-12 of the Consumer Code and 1648 paragraph 1 of the Civil Code, the Purchaser has a period of 2 years following its purchases to exercise the warranty against hidden defects or warranty legal compliance.

The Seller does not accept parcels sent freight collect. Any risk related to the return of the Product (s) is the responsibility of the Buyer.

Upon receipt of the Product (s) presumed (s) non-compliant (s) or assigned a hidden defect, the Seller carries out a control of the Product (s) to ascertain the conformity or not of said Products. Similarly, the Seller may proceed on the Product (s) returned by the Buyer to a quality test to verify that the Product (s) returned (s) are (are) Product (s) (s) of origin. It is understood that these checks are carried out as soon as possible and within a maximum period of one (1) month.

If the non-compliant nature of the Product (s) is confirmed or the vice-hidden is proven, the Seller will then proceed, at the choice of the Buyer: Either the refund or the exchange of the Product (s) within a period fourteen (14) days after receipt of the Product (s) that are not in conformity.

6. Right to retract

The Purchaser has a cooling off period of fourteen (14) days from the date of delivery of the order, to return the Product (s) ordered, without having to justify reasons or pay penalties, with the exception of the return costs that are borne by him.

The Buyer must complete a letter of withdrawal and send it to the following address by registered mail with acknowledgment of receipt:

LES USINES DE LA VINCENDRIE - 10, rue Edouard Branly – ZA Saint Eloi – 86000 Poitiers / phone : +33 5 49 45 60 09

Upon receipt, the Seller acknowledges receipt of this request by sending an e-mail or letter.

The Buyer then has a period of 14 days to imperatively return to the same address above, the product (s) complete, unused, in his (their) original packaging intact and accompanied by his (their) original packaging as well as the return slip and the invoice. Failing the return of products within the time limit, the order is deemed final and no refund may occur, except as provided in these T & Cs.

Le Vendeur s'engage à rembourser l’Acheteur de la totalité des sommes versées. Le remboursement s'effectue selon le mode de paiement utilisé par l’Acheteur, dans un délai maximum de quatorze (14) jours après l'exercice du droit de rétractation par l’Acheteur, sous réserve du respect des conditions ci-dessus mentionnées.

The Seller undertakes to reimburse the Buyer for all sums paid. The refund is made according to the payment method used by the Buyer, within a maximum period of fourteen (14) days after the exercise of the right of withdrawal by the Buyer, subject to compliance with the conditions mentioned above.

7. Various stipulations

a. Force majeure

No Party is responsible for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure.

Are considered as case of force majeure the events fulfilling the criteria fixed by the jurisprudence of the Court of Cassation and the legislation.

The Party evoking an event constituting force majeure shall notify the other Party within five (5) working days of the occurrence or threat of this event.

The Parties agree that they must consult each other as soon as possible in order to jointly determine the execution of the order during the period of force majeure.

Beyond a period of one (1) month of interruption due to force majeure, the Seller may not honor the order, provided that it reimburses the Buyer if necessary.

b. Partial invalidity

If one or more stipulations of the present T & Cs are considered as invalid or declared as such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations retain all their strength and their reach.

c.Full contract

These Terms and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.
In case of contradiction between these documents, the T & Cs will prevail.

d.Modification of the T & Cs

It is specified that the Purchaser may save or print the present T & Cs, provided however that it is not modified.
The current T & Cs can be consulted at any time under the heading "General Conditions of Sale" accessible via all pages of the Site.
The Seller may at any time update these Terms. Such an update subject to prior and specific notification on the Site.

e. Applicable law

The applicable law of these Terms and the contractual relations between the Buyer and the Seller are subject to French law.

8. Request information / Order tracking

Contact about order tracking:
Tel : +33 (0) 5 49 45 60 09
E-mail : serviceclient@lessensdemarrakech.com

Les Usines de la Vincendrie – 10, rue Edouard Branly – ZA Saint Eloi – 86000 Poitiers - FRANCE

9. Responsibility

The products offered are in accordance with the French legislation in force. It is your responsibility to check with the local authorities of your country the possibilities of importing or using the products or services that you intend to order.

The photographs and the reproduced texts, illustrating the presented products are not contractual. As a result, the responsibility of the website"www.lessensdemarrakech.fr" (and its affiliates) can not be held liable for errors in photography or text.

The website "www.lessensdemarrakech.fr"( and its affiliates can not be held responsible for the non-performance of the contract concluded in case of out of stock, unavailability of the product, in case of force majeure, disruption, flood, fire or strike including postal services and means of transport or communication.

The website "www.lessensdemarrakech.fr" will not incur any liability for any direct or indirect damages due to the present risks.

10. Applicable law and jurisdiction

All relationships arising from the connection and / or use of this site are subject to French rights. The competent court in case of dispute will be the court of Poitiers (France).