General terms and conditions of sale and use

PREAMBLE
Please read carefully these general terms and conditions of sale (hereinafter the "GTC") of the website www.marc-deloche.com (hereinafter the "Website"). You may also print the full text by clicking here.

1.1. Seller identification

These GTC apply to the sales of products (hereinafter the "Products") made from the Website by the company G2M, a limited liability company with a share capital of 8,000 Euros, whose registered office is located at 7 Rue des Moutons – 31000 TOULOUSE (FRANCE), registered with the Toulouse Trade and Companies Register under no. 431 722 032. Its Siret number is 431 722 032 00023 and its intra-community VAT number is FR 89 431 722 032. Its telephone contact details are as follows: +33 (0)5 61 22 61 74.

1.2. Scope and acceptance of the GTC

The purchase of Products offered on the Website and generally by any other means of distance communication is reserved for consumer customers (hereinafter the "Customer").

The Website allows customers to order online via the Internet from the company G2M a selection of Products from the Marc Deloche brand.

Marc Deloche Products are exclusively intended to be sold to end consumers, to the exclusion of any resellers or intermediaries acting on behalf of resellers. Consequently, the Customer declares to be acting as an end consumer and that they do not intend to resell, directly or indirectly, Marc Deloche Products for commercial purposes, this commitment constituting an essential condition for G2M.

The Customer certifies having the legal capacity to enter into the commitments provided for herein.

G2M may update these GTC at any time. The sales contract between you and G2M will include the conditions of your order and the GTC applicable at the time of your purchase.

With each purchase on the Website, you will be asked to confirm your acceptance of these GTC in force at the date of placing your order, by ticking the dedicated box. The GTC can also be consulted at any time from the Website. Any order for Products consequently implies the unconditional acceptance of the GTC.

No particular condition may, without prior written acceptance by G2M, prevail over the GTC, so that all contrary conditions set by the Customer will, in the absence of prior written acceptance by G2M, be unenforceable against the latter.

The Customer acknowledges having received, prior to ordering the Products, in a legible and comprehensible manner, these GTC and the information listed in Article L.221-5 of the Consumer Code and in particular the following information:

• Information relating to the identity and complete contact details of G2M;
• The essential characteristics of the Products offered for sale;
• The price of the Products and the payment terms;
• The delivery terms and complaint handling procedures;
• The terms for exercising legal guarantees relating to the Products;
• The conditions and terms for exercising the right of withdrawal.

The GTC are written in French in their original version which alone shall prevail, taking precedence over any other version translated into a foreign language.

If any provision of the GTC is declared null and void or without effect on whatever legal basis by a Court or any other administration or authority, such a decision shall in no way affect the validity of the other provisions.

The failure to exercise, at any time, a prerogative or right recognized by the GTC, or to require the performance of any provision hereof shall in no way be interpreted, either as a modification of the contract, or as an express or tacit waiver by G2M of the right to exercise said prerogative in the future, or of the right to require the scrupulous performance of the commitments entered into herein.

2.1. Order Terms

You declare:

• To be at least 18 years of age and have the legal capacity necessary to place and fulfil any order, or to hold parental authorisation allowing you to place and fulfil any order and to be able to justify this at any time, upon our simple request;
• To be a natural person acting within the scope of your personal needs (meaning in particular that any order you place must correspond to the normal needs of a private individual).
  

For any question relating to the Products and your orders, you may contact our customer service (hereinafter the "Customer Service") by clicking on the "Contact us" link or by telephone at +33 (0)5 61 22 61 74, Monday to Friday (excluding public holidays), from 9am to 12:30pm and from 2pm to 6pm.

2.2. Order procedure

2.2.1. Order procedure on the Website

2.2.2.1. Product selection

At any time, you may add Products to your selection by clicking on "Add to cart". You can view your selection by clicking on "Cart" in the top right-hand menu where the following will appear: the photo(s) of the Product(s), its characteristics, the chosen quantity(ies), its/their unit price(s) and the subtotal of the selection.

2.2.1.2. Identification

After selecting the Product(s), click on "Order" to start the order process. A customer account is not required to place an order on the Website. It is possible to place the order as a guest.

Your login details and passwords are strictly personal. You undertake to keep them secure and never to communicate them to third parties. In the event of loss, theft or any fraudulent use of your customer account, you undertake to inform G2M immediately.

2.2.2. Validation of orders placed on the Website

2.2.2.1. Validation of the delivery method

You will need to validate your delivery method and complete the delivery information necessary for the proper shipment of your order: country of shipment, title, first name, last name, telephone, delivery address and any other information required to process your order.

The Customer is responsible for the accuracy and completeness of the information entered on the Website, so that G2M shall not be held liable for any defect, delay and/or non-conformity of delivery related to insufficiencies or errors in the information entered.

2.2.2.2. Validation of order payment

You may use your delivery address as your billing address or enter a different one. You will then be invited to select a payment method (cf. Article 3.2) and to enter your banking details. At the end of the order process, after having accepted all of these GTC and the Website's Privacy Policy, the Customer must click on the dedicated button to confirm payment in order to express their commitment, knowledge and acceptance of the GTC, and of the purchase made.

At the end of the order process, the Customer is advised to download, save and/or print the GTC, as well as the information relating to the order placed.

G2M reserves the right not to accept an order from a Customer with whom it is in dispute regarding a previous order, or if G2M reasonably considers that this Customer has breached these GTC or has engaged in fraudulent activity, or for any other legitimate reason.

2.2.2.3. Order summary

An order summary will be sent to you by email. This summary will include the total amount of the order, information relating to the cost and delivery time, the essential characteristics, quantity and price of the Products purchased. You will then receive a shipment confirmation email for your order with your electronic invoice attached. We advise you to check your "Spam" folder if you have not received this email.

In application of Article L.213-1 of the Consumer Code, when an order involves an amount equal to or greater than 120 Euros, G2M retains the document recording the concluded contract for ten years from the date of delivery.

2.2.3. Order procedure by telephone

You may order a Product by calling our Customer Service (+33 (0)5 61 22 61 74, Monday to Friday, excluding public holidays, from 9am to 12:30pm and from 2pm to 6pm). You will receive an email containing a link to our Website, valid for 30 minutes after sending. The order process is therefore the same as that described in Articles 2.2.1 and 2.2.2 above.

2.3. Invoices

Your invoice will be sent by G2M in paper form to your billing address as well as in electronic form by email. You may also download your electronic invoices in the "Your orders" section of your personal account.

2.4. The Products

2.4.1. Specific provisions relating to Product Personalisation

Personalisation refers to the possibility for the Customer to personalise certain Products via engraving or in the case of a special order (hereinafter "Personalisation" or "Personalised Product").

In accordance with the provisions of the Consumer Code, the legal right of withdrawal (cf. Article 3.6) does not apply to Personalised Products, special orders, or any other clearly personalised Products and/or designed according to the Customer's specifications.

2.4.2. Product availability

Product offers are valid within the limits of available stock. The sale is conditional upon the availability of Products in stock. In the event of a Product being unavailable after your order has been placed, we will inform you by email or telephone as soon as possible, offering you either to order another Product as a replacement, or to cancel your order. G2M incurs no further liability in the event of out-of-stock or unavailability of Products.

2.4.3. Product manufacturing

G2M does its utmost to ensure that the Products online are as accurate as possible. As our manufacturing is artisanal, it is possible that certain measurements indicated on our product pages may differ slightly from the actual product you will receive. In any event, the Customer may contact the Customer Service to obtain details about the Products and/or to ensure that they meet their expectations.

2.4.4. Retention of title

The ordered Products remain the property of G2M until full payment of the price has been received by G2M. However, you assume the risks (including loss, theft or deterioration) relating to the Products delivered from the moment of their delivery to the address indicated at the time of ordering or from the moment of their collection in the case of in-store pickup.

3.1. Prices

The prices of the Products are indicated on the Website as well as in the order confirmation sent at the end of the order process.

The prices of the Products are indicated in Euros, inclusive of all taxes (VAT included), taking into account the VAT rate applicable on the day of the order. The Products are invoiced on the basis of the prices displayed on the Website at the time of placing your order, subject to availability. G2M reserves the right to modify its prices at any time, it being understood that orders for Products will be invoiced on the basis of the prices in force at the time of recording each order, as they appear on the Website.

All orders are payable in Euros and must be settled at the time of placing your order. Product prices are non-negotiable.

3.2. Accepted payment methods

3.2.1. General provisions

A payment within the meaning of this article constitutes the effective making available to G2M of the funds corresponding to the all-inclusive tax price (VAT included) and all charges included.

In the event that the full price of the order is not settled by the Customer (regardless of the payment method chosen), the online sale will be immediately terminated by operation of law and the order cancelled, without the Customer being able to make any claim in this regard.

3.2.2. Payment by credit or debit card

The accepted cards are: Visa®, MasterCard®, Carte Bleue®, iDEAL®, EPS®, MyBank® and Bancontact®. Card payments are authenticated and secured through the 3D Secure system. Your account will be debited at the time of shipment of your order, with the exception of Personalised Products and pre-orders for which the debit occurs at the time of placing the order.

The commitment to pay given by means of a payment card is irrevocable. By providing their bank card details, the Customer authorises G2M or its service provider to debit their bank card for the amount corresponding to the total all-inclusive tax price (VAT included) and all charges included for the Products ordered. To this end, the Customer confirms that they are the holder of the bank card to be debited and that the name appearing on the bank card is indeed their own. The Customer provides the sixteen (16) digits and the expiry date of their bank card as well as, where applicable, the visual cryptogram numbers.

3.2.3. Payment by PayPal

We accept payments made by PayPal. If you choose the PayPal payment option, you will be automatically redirected to the PayPal platform. The Customer is expressly informed that the use of this payment system may generate payment fees which remain entirely their responsibility.

3.2.4. Payment by Alma

G2M offers its Customers the Alma credit service for the settlement of their purchases in two (2) or three (3) interest-free instalments by bank card, for purchases of 120 € or 300 € respectively and up to 2,000 €. If Alma refuses to grant credit for an order, the latter may be cancelled. In all cases, the eligibility and execution conditions and terms of the credit, as well as the fees relating thereto, are expressly subject to the general conditions of the Alma organisation to which the Customer expressly declares to adhere and submit.

3.3. Delivery and collection area

3.3.1. Delivery to a postal address

Products purchased on the Website can only be delivered to the following countries: Metropolitan France (including Corsica and French Overseas Territories: Guadeloupe, Martinique, French Guiana, Réunion, Mayotte and New Caledonia), Principality of Monaco, Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Portugal, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Czech Republic, Romania, Slovakia, Slovenia, Sweden, United Kingdom, Switzerland, Singapore, Australia and Canada (hereinafter the "Delivery Zone"). Any order for Products with a delivery address located outside this Delivery Zone is subject to the prior written validation of G2M, as well as the establishment of a specific quote.

3.3.2. Collection at Marc Deloche store

You may collect your order placed on the Website and/or by telephone from our store located at 9 Rue Antonin Mercié – 31000 TOULOUSE (FRANCE). You may designate another person to collect your order in store.

In order to collect your order, please call us at +33 (0)5 61 22 61 74. You will need to present: the email informing you of the availability of your order (printed or on your phone screen) and your identity document.

3.4. Delivery times and charges

Upon ordering, we will inform you of the delivery time which will be confirmed in the order preparation confirmation. Any order placed on a non-working day will result in the postponement of said delivery time to the next working day.

Regarding Colissimo® shipments:
To metropolitan France (including Corsica) and Monaco: 48 hours, i.e. 2 working days
To French Overseas Territories and European countries: 5 to 22 working days (indicative timeframe, excluding customs processing)
To Australia, Canada and Singapore: 3 to 15 working days (indicative timeframe, excluding customs processing)

Regarding Chronopost® shipments (only for metropolitan France, Corsica and Monaco): next day delivery (working day) before 1pm, Monday to Friday, excluding public holidays. Delivery is mandatory upon presentation of a 6-digit security code to be communicated to the delivery person.

Shipping charges are as follows:
Metropolitan France, Corsica and Monaco — Colissimo® Home with signature: €10 / Colissimo® Collection point: €7 / Chronopost® Chrono 13: €20 / Chronopost® Chrono 13 Relay: €15
Europe and French Overseas Territories: flat rate €18
Australia, Canada and Singapore: flat rate €30

It is recalled that the aforementioned delivery times and charges are subject to change and modification depending on changes in the commercial and pricing policy of the aforementioned shipping organisations and suppliers.

In all cases, the Customer is informed that the aforementioned timeframes are indicative and may vary depending on external factors outside the control of G2M (postal services, carriers, etc.). G2M nonetheless undertakes to make its best efforts to deliver the ordered Products within the agreed timeframes.

3.5. Delivery issues

Any delivery defect or delay exceeding the timeframes mentioned in Article 3.4 must be reported to our Customer Service as soon as possible.

Except in cases of force majeure or unforeseen circumstances, if the Products are not delivered within the timeframes communicated by G2M, the Customer may request in writing the cancellation of the sale under the conditions and terms of Articles L.216-6 and L.216-7 of the Consumer Code.

Any modification of the order accepted by G2M will necessarily result in an extension of the delivery timeframes. Similarly, the delivery of the Products may only be postponed at the Customer's request with the prior written agreement of G2M.

You must verify the conformity of the Products at the time of delivery and indicate, if possible on the delivery note, in the form of handwritten reservations accompanied by your signature, any anomalies noted (open package, damaged product, etc.). It is recalled that reservations must be submitted by the Customer within three (3) calendar days of delivery, in order to preserve any possible recourse against the carrier.

3.6. Right of withdrawal

3.6.1. Right and period of withdrawal

In accordance with the provisions of the Consumer Code, you have a legal right of withdrawal of fourteen (14) days which you may exercise without having to justify your reasons and without having to pay any penalties.

G2M's commercial policy extends this period to thirty (30) calendar days from the date of delivery of the Products. This contractual period replaces and extends the legal 14-day period. After this 30-day period, you will no longer be able to exercise your right of withdrawal.

Apart from the possibility given to the Customer to withdraw under the conditions referred to in this article, the sale of the Products is firm and final from the validation of the order.

The legal right of withdrawal provided for in this article shall not apply to:
Products purchased directly in a Marc Deloche store (outside the Website);
Products returned incomplete (absence of the non-wearing tag, original packaging, purchase invoice, etc.), damaged and/or deteriorated, preventing any re-commercialisation of said Products;
Personalised Products. In all these cases, G2M will not accept any return of Products, nor any request for refund, exchange or credit note.

3.6.2. Terms for exercising the right of withdrawal

In order to exercise this right of withdrawal, the Customer must, before the expiry of the aforementioned thirty (30) day period, notify G2M of their decision to withdraw by one of the following means:
Use of the withdrawal form annexed to these GTC;
Sending an unambiguous declaration to G2M by any written means;
Contacting the Customer Service by telephone at +33 (0)5 61 22 61 74, Monday to Friday (excluding public holidays), from 9am to 12:30pm and from 2pm to 6pm;
Directly at the Marc Deloche store located at 9 Rue Antonin Mercié – 31000 Toulouse (FRANCE);
Use of the withdrawal functionality made available on the Website. When the Customer uses the online withdrawal functionality, they are asked to identify the order concerned and to confirm their withdrawal request so that it can be validly taken into account. In this case, the Customer receives, within a reasonable period, an acknowledgement of receipt of their request on the chosen durable medium confirming the recording of their withdrawal.

3.6.3. Return of Products

In accordance with the provisions of the Consumer Code, you have in principle a period of fourteen (14) days to return the Products. G2M's commercial policy extends this period to thirty (30) calendar days.

Consequently, in the event of exercising the right of withdrawal under the aforementioned conditions, the Customer must return the ordered Products, in their packaging and in perfect condition, to G2M or to any person designated by the latter, without undue delay and, at the latest, within thirty (30) calendar days following the day of communication of their decision to withdraw. The Customer bears the costs, charges and risks related to the return of the Products.

3.7. Refund – Exchange – Credit note

In accordance with the provisions of the Consumer Code, the exercise of the legal right of withdrawal gives rise, in principle, to a straightforward refund of the order.

As part of its commercial policy, G2M alternatively offers: (i) a refund, (ii) an exchange, or (iii) a credit note. It is expressly recalled and agreed that this choice belongs to the Customer, so that they always have the possibility of requesting a simple refund of their order. It is the Customer's responsibility to specify their choice (refund/exchange/credit note) at the time of exercising their right of withdrawal by appropriate indications according to the method of exercising the right of withdrawal used (cf. Article 3.6.2.).

3.7.1. Refund

In the event of a refund request, G2M refunds the Customer for all sums paid, including any shipping costs, with the exception of additional costs arising from the fact that the Customer may have chosen a delivery method other than the least expensive standard delivery method.

G2M proceeds with the refund of the sums paid without undue delay and, at the latest, within fourteen (14) working days following the day on which it is informed of the withdrawal decision. The Customer is informed that G2M reserves the possibility of deferring the refund until (i) receipt of the Products or (ii) until the provision of proof of shipment of the Products, the date retained being that of the first of these events.

G2M proceeds with the refund of the sums using the same payment method as that used by the Customer for the order, unless the Customer expressly agrees to a different payment method.

3.7.2. Exchange

In the event of an exchange request, please specify, according to the method of exercising the right of withdrawal used (cf. Article 3.6.2.), the Product(s) you wish to receive in exchange for your order. The shipping costs of the Products will be covered by G2M. The exchange will take place within seventy-two (72) working hours from receipt of the Product(s) returned by the Customer. If the amount of the replacement Product(s) chosen is greater than the amount of the returned Product(s), you will need to pay the price difference via a payment link sent by email by our Customer Service (bank card payment only, PayPal and Apple Pay payments are not accepted in this case).

If the amount of the replacement Product(s) chosen is less than the amount of the returned Product(s), we will refund the price difference to you via the original order's payment method within one (1) week.

3.7.3. Credit note

The Customer also has the option of opting for a "customer credit" credit note valid for one (1) year from its date of issue for the purchase of Products from the Website or directly in a Marc Deloche store.

3.7.4. Specific provisions for gifts ordered from the Website

Third-party gift recipients of gifts ordered from the Website may exclusively opt for an exchange of the Products via the return procedure on the Website. Only the Customer who purchased the gift will be able to request a refund under the right of withdrawal.

3.7.5. Specific provisions for orders paid with PayPal

In the event of an exchange request for an order paid with PayPal, if the amount of the new order is greater than the amount of the original order, your bank card details will be required. Any additional amount can only be paid by bank card. If you request a refund for an order paid by PayPal, your PayPal account will be credited with the amount of the original order.

4.1. Legal warranties and commercial warranty

4.1.1. Legal warranties

The Products benefit from (i) the legal warranty of conformity and (ii) the legal warranty against hidden defects, in accordance with the provisions of the Consumer Code and the Civil Code reproduced in the annex.

Under the legal warranty of conformity, the Customer is informed that:

They have a period of 2 years from the delivery of the Product to act under the warranty;

• They may choose between the repair or replacement of the ordered Product, subject to the cost conditions provided for by Article L.217-12 of the Consumer Code;
• They are exempt from providing proof of the existence of the Product's non-conformity defect during the 24 months following the delivery of the Product;
• The legal warranty of conformity applies independently of any commercial warranty that may cover the Products.

Under the legal warranty against hidden defects, the Customer is informed that they:

• May decide to invoke the warranty against hidden defects rendering the Product unfit for its normal purpose in accordance with Article 1641 of the Civil Code;
• May in this case choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

To assert their rights, the Customer must contact G2M's Customer Service.

4.1.2. Commercial warranty

Certain Products sold on the Website may benefit from a commercial warranty in addition to the legal warranties. The content and terms of this commercial warranty are available on the Website in the "Contact us" tab and in the FAQ section.

4.2. After-sales service and availability of spare parts

Any technically repairable Product benefits from an after-sales service. For any repair, please contact our Customer Service. In accordance with the provisions of the Consumer Code, G2M confirms that no period of availability of spare parts essential to the use of the Products is guaranteed. G2M will nonetheless make its best efforts to satisfy its Customers.

5.1. Liability

Under no circumstances may G2M be held liable for any damage that does not result from a breach by G2M of one of its obligations.

5.2. Personal data – Proof and archiving

G2M has implemented a Privacy Policy relating to the respect of the privacy and personal data of the Customer, accessible from the special and dedicated tab featured on the Website.

The archiving of orders and invoices is carried out by G2M on a reliable and durable medium so as to constitute a faithful and durable copy.

These orders and invoices may be produced as proof of Product sales that have taken place.

5.3. Applicable law – Disputes

These GTC are governed and interpreted in accordance with French law, to the exclusion of the 1980 Vienna Convention on the International Sale of Goods.

Any complaint must be addressed by the Customer by any written means to G2M's Customer Service.

If they do not obtain satisfaction following the complaint submitted, the Customer is informed of the possibility of submitting the dispute to a mediation procedure.

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution through mediation, within a period of less than one year from their written complaint to the professional.

SARL G2M has designated, by membership registered under number 18645/VM/2605, SAS Médiation Solution as the consumer mediation entity. To contact the mediator, the consumer must submit their request:

• By email to: mediation@sasmediationsolution-conso.fr
• By post to: Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost
• By completing the online form entitled "Contact the mediator" on the website https://www.sasmediationsolution-conso.fr

Regardless of the means of contact used, the request must imperatively contain:

• The postal, telephone and electronic contact details of the applicant,
• The name, address and registration number with Sas Médiation Solution of the professional concerned,
• A brief summary of the facts,
• A copy of the prior complaint,
• All documents enabling the processing of the request (order form, invoice, proof of payment, etc.)

This mediation procedure, which does not constitute a mandatory prerequisite before initiating legal proceedings, aims only to attempt to bring the parties together with a view to reaching an amicable solution. Consequently, both G2M and the Customer remain free to accept or refuse recourse to mediation, as well as to accept or refuse the solution proposed by the mediator.

The Customer may also consult the information made available by the European Commission regarding the resolution of cross-border consumer disputes at the following address:

https://commission.europa.eu/topics/consumers/consumer-rights-and-complaints/resolve-your-consumer-complaint_fr
In accordance with Article L.223-1 of the Consumer Code, you have the option of registering free of charge on the telephone canvassing opposition list Bloctel (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional.

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of the Company G2M, located at 9 Rue Antonin Mercié – 31000 TOULOUSE (FRANCE)

I hereby notify you of my withdrawal from the contract relating to the sale of the Products below:

• Order date: ____________________
• Date of receipt: ____________________
• Customer name: ____________________
• Customer address: ____________________

Date:

Customer signature:

Choice:

Refund

Exchange (please indicate the chosen products)

Credit note