Latest update: November 2024
The present general terms and conditions of sale and use (GTC) applied on the www.marc-deloche.com website are established between the two parties defined below:
SARL G2M
Société Marc Deloche
Whose registered office is located at 9, rue Antonin Mercié - 31000 TOULOUSE - FRANCE
Registered with the RCS of TOULOUSE under n°431722032
Société unipersonnelle à responsabilité limitée with a capital of 8,000 Euros
VAT identification number: FR8943172203200023
All users and customers of the www.marc-deloche.com website
1. Scope of application
These general terms and conditions apply to all sales of products intended for consumer end-user customers, concluded via the https://www.marc-deloche.com website, and generally by any other means of distance communication, but excluding sales to professional customers.
The GTC regulate the various stages involved in the placing of the order by the customer. They regulate the follow-up of the order between the customer and SARL G2M.
Any order of product(s) placed on the site implies the customer's acceptance of these general terms and conditions of sale and use.
2. Applicable law - Disputes & Mediation
Any question relating to these General Terms and Conditions, and to the services and sales governed by them, which is not dealt with herein, shall be subject to the provisions of French law, excluding the 1980 Vienna Convention on the International Sale of Goods.
In the event of a dispute, the French courts shall have exclusive jurisdiction.
3. Identity of the seller
The sales offers appearing on the website www.marc-deloche.com are issued by the company G2M, a limited liability company with a capital of 8,000 Euros, whose registered office is at 9, rue Antonin Mercié in TOULOUSE (31000), and which is registered with the Registre du Commerce et des Sociétés de TOULOUSE under the number 431 722 032.
G2M can be contacted by telephone on + 33 (0)5 61 22 61 74, exclusively from Monday to Friday, excluding public holidays, from 9am to 12pm and from 2pm to 6pm.
4. Product
G2M offers for sale products that are precisely described on the website, which can be consulted at the following address: www.marc-deloche.com
Although G2M makes every effort to ensure that the photographs of the products appearing on its website are faithful reproductions of the products, variations may occur due in particular to the components of each product and their technical characteristics, as well as to the resolution of any photograph representing the products.
G2M cannot therefore be held responsible for the inadequacy of certain graphic representations of the products displayed on its Internet site.
The products comply with the French provisions in force relating to safety, personal health and consumer protection at the time they were placed on the market.
5. Product orders
5.1. The Customer can find out about the products offered for sale by G2M on the website www.marc-deloche.com.
5.2. If the Customer wishes to place an order, he/she must complete the following steps:
Follow the instructions on the Site and, in particular, the instructions required to open a customer account.
Fill in, according to the information provided online, an order form made available to them on which they must enter the information required for identification, in particular their surname, first name, e-mail address, postal address and delivery address.
Check the details of the order and, if necessary, identify and correct any errors.
Confirm the order, the total price including all taxes, and the total price plus all processing and delivery charges.
Follow the instructions on the online payment server to pay the price inclusive of all taxes.
An order confirmation e-mail will be sent to the Customer at the address given on the purchase form.
5.3. The Customer who has chosen to purchase the products presented on the Site will definitively validate his/her order, in view of a summary displayed on the screen, by clicking on the ‘confirm’ tab to express his/her commitment, knowledge and acceptance of these general conditions of sale and his/her agreement concerning the purchase concerned.
Unless otherwise stipulated, once the order has been validated, it will be submitted to G2M for processing and cannot be modified or cancelled.
6. Product availability
6.1. The product offers and prices proposed by G2M are valid as long as they are accessible on the website www.marc-deloche.com, and only within the limits of available stocks.
6.2. In the event of unavailability of the product(s) ordered, the Customer will be informed by e-mail or by post upon receipt of the order.
The Customer will then have the option of requesting a refund of the price paid or the delivery of an equivalent or similar product, in return for the price paid.
The difference between the price initially paid by the Customer and the price of the replacement product will either be reimbursed to the Customer where this difference is in the Customer's favour, or will give rise to the payment of an additional price by the Customer.
7. Price
7.1. Product prices are quoted in Euros and include all taxes.
Processing and shipping costs are payable by the Customer and are expressly indicated before the order is placed.
G2M reserves the right to modify the prices shown on its website at any time. However, products will only be invoiced on the basis of the prices in force at the time each order is registered, as they will appear on the www.marc-deloche.com website.
7.2. For any request for specific products by a Customer, G2M will draw up a quotation in writing. This quotation will be valid for a period of thirty (30) days from the date of issue.
8. Terms and conditions of payment
8.1. The payment of the Customer's purchases on the Site can be made by bank card (cards from the "CB", Visa, Eurocard/Mastercard Giropay, iDEAL, EPS, MyBank and Bancontact network are accepted).
The Customer guarantees G2M that he/she is the holder of the bank card used to pay for the order and that the surname and first name appearing on the bank card to be debited are his/her own. The Customer then communicates, in a secure environment on the Internet, the number and expiry date appearing on the front of his/her bank card as well as the visual cryptogram numbers appearing on the back (or front) of his/her bank card.
8.2. Payment with Alma:
For all Orders placed on the site, G2M offers its customers Alma's credit service for the settlement of their purchases and the execution of payment. This is subject to the customer's acceptance of the GCU or the credit agreement proposed by Alma.
G2M accepts payment for the entire Order in two (2) or three (3) instalments free of charge by bank card only, for purchases of two hundred Euros (200 €) or three hundred Euros (300 €) respectively and up to three thousand Euros (2000 €) with Alma.
By paying in instalments with Alma, the customer pays no charges. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. If Alma refuses to grant credit for an order, the order may be cancelled.
Alma is a tele-payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.
Any resiliation of the GTC binding the seller and the customer will result in the resiliation of the GCU between Alma and the customer.
9. Right of withdrawal
In accordance with the provisions of article L.121-20 of the French Consumer Code, when a sales contract for products has been concluded by the Customer on the G2M website, https://www.marc-deloche.com, the Customer will have a withdrawal period of fourteen (14) clear days from receipt of the products ordered.
When the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
Any retraction of an order for products must be sent by the Customer to G2M by email vente@marc-deloche.com oor in writing to the following address:
G2M
9, rue Antonin Mercié
31000 TOULOUSE
France
With the exception of the possibility given to the Customer to retract within the period and under the conditions mentioned above, the contract is firm and definitive as from its acceptance by the Customer.
Notwithstanding the above provisions, products whose packaging has been opened, used by the Customer or damaged cannot be returned by the Customer and will not be taken back.
In any event, the cost of returning products in the event of retraction shall be borne by the Customer.
Once the product has been returned to G2M, and if it has not been damaged, the refund will be made using the original means of payment for the order. A confirmation of the refunded transaction will be systematically sent to the customer by email.
Jewellery will only be exchanged if it has not been worn and the guarantee label has been attached. For any exchange of a higher value, a supplement will be payable on the www.marc-deloche.com website. For any exchange of a lower value, a refund of the price difference will be issued to the payment method used at the time of purchase, within ten (10) days of dispatch of the new jewellery.
For all exchanges, the Customer must send a request to vente@marc-deloche.com. Exchanges will be carried out if, and only if, the condition of the jewellery is intact and bears its label. The invoice for the jewel and a returns form must be enclosed with the parcel. Only one exchange will be handled by the Marc Deloche team; any additional exchanges will be charged to the Customer.
The withdrawal period is fourteen (14) days and the exchange period is one (1) month. After this date, exchanges and returns cannot be accepted.
10. Propriété intellectuelle
G2M expressly reserves ownership and exclusive use of all intellectual and industrial property rights which belong to it and which the Customer may come to know about or use in the context of any sales contract.
The Customer undertakes not to use, exploit or reproduce the intellectual or industrial property rights belonging to G2M without its prior written authorisation.
The Customer undertakes not to register any industrial property rights relating to creations, inventions, drawings and models, brands, plans, processes belonging to G2M and protecting the products.
11. Legal guarantee
The Customer benefits in any case from the legal guarantees of conformity of the good to the contract and hidden defects, according to the provisions reproduced below of the Consumer Code and the Civil Code.
Nevertheless, when repairing the product under the legal guarantee would incur costs for G2M that exceed the price of the product delivered, G2M may decide to replace the product with an identical product.
In addition, the Customer is expressly reminded that the precious metals that make up the products, and in particular silver, may suffer discolouration or deterioration due to oxidation or contact with other substances or active products, such as certain cosmetics and perfumes or bleach, in particular contained in swimming pools or jacuzzis. Similarly, jewellery made of precious metals is bound to suffer the usual damage, such as scratches, as soon as it is worn.
Consequently, G2M cannot be held responsible for normal wear and tear of the products or for deterioration or discolouration caused by oxidation of the precious metals making up the products or by contact with any product or active substance.
Article L.211-4 of the French Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L.211-5 of the French Consumer Code
To be in conformity with the contract, the goods must :
1° Be fit for the purpose normally expected of similar goods and, where applicable :
correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
Have the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.211-12 of the French Consumer Code
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Article 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
Nominative information
Information concerning the Customer, collected as part of any order for G2M products from the https://www.marc-deloche.com website, is necessary for G2M to process these orders and may be used by companies belonging to the G2M group.
It is recorded in G2M's customer file and the Customer may exercise his/her right to access and rectify it by contacting G2M's customer service department, in accordance with the provisions of the French Data Protection Act of 6 January 1978.
Proof and archiving
Order forms and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy.
These order forms and invoices may be produced as proof of the contract.
