TERMS AND CONDITIONS OF SALE
The present conditions of sale are concluded on the one hand by the company Matières Marius Aurenti :
3 rue Brillat Savarin
45th Parallel Park
26300 Chateauneuf sur Isère
Tel. : +33 (0)4 75 55 91 35
SARL with capital of €70223
SIREN NUMBER: 324 590 058
2008 B 80 002 RCS Romans
N8 VAT: FR 87 324 590 058
APE Code: 2364 Z
Publication manager: Lionel Ballet
hereinafter referred to as “Matières Marius Aurenti” and managing the website www.mariusaurenti.com and, on the other hand, by any natural person wishing to make a purchase via the website www.mariusaurenti.com hereinafter referred to as the “buyer”.
Article 1. Object
The purpose of these terms and conditions of sale is to define the contractual relationship between Matières Marius Aurenti and the buyer and the conditions applicable to all purchases made through the www.mariusaurenti.com website. The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which the buyer acknowledges having read prior to ordering. Prior to any transaction, the purchaser declares, on the one hand, that the purchase of products on the www.mariusaurenti.com website is not directly related to his/her professional activity and is limited to strictly personal use and, on the other hand, that he/she has full legal capacity, enabling him/her to commit to the present terms and conditions of sale.
Matières Marius Aurenti reserves the right to modify these conditions of sale at any time, in order to comply with any new regulations or to improve the use of its site. As a result, the applicable conditions will be those in force on the date of the buyer’s order.
Article 2. Products
The products offered are those shown on the Matières Marius Aurenti website www.mariusaurenti.com, while stocks last. Matières Marius Aurenti reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics. The photographs are as accurate as possible but are not binding on the Vendor. The sale of products presented on the www.mariusaurenti.com website is intended for all buyers residing in France.
Article 3. Rates
The prices appearing on the product sheets of the internet catalog are prices in Euros (€) excluding VAT (Matières Marius Aurenti being VAT exempt) except for shipping costs which are prices inclusive of all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of products and shipping costs. Matières Marius Aurenti reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only price applicable to the purchaser. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased according to the total amount of the order. In mainland France, shipping is free for orders of 200 euros or more, excluding VAT; for orders of less than 200 euros, excluding VAT, the buyer will be charged a flat-rate shipping fee of 3 euros, including VAT.
Article 4. Ordering and payment
Before placing an order, the buyer must create an account on the www.mariusaurenti.com website. The account creation section can be accessed directly from the menu bar. Each time you visit the site, if you wish to place an order or consult your account (order status, profile, etc.), you must identify yourself using this information. Matières Marius Aurenti offers the buyer the option of ordering and paying for its products in several stages, with 2 payment options to choose from:
– Payment by bank transfer: the buyer selects the products he/she wishes to order in the “basket”, modifies them if necessary (quantities, references, etc.), checks the delivery address or enters a new one. The shipping costs are then calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of his choice: “Payment by bank transfer”. In the last step, the customer is asked to check all the information, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the “Confirm my order” button. This last click constitutes the final conclusion of the contract. Upon validation, the buyer receives a purchase order confirming the registration of his order. In order to finalize payment and process the order, the purchaser must contact his/her bank to transfer the amount of the order to Matières Marius Aurenti’s bank account, the details of which are communicated to the purchaser. As soon as the transfer is received, the order will be processed and the buyer will be informed by e-mail. Matières Marius Aurenti will ship the products at the earliest 3 weeks after receipt of the transfer corresponding to the order, subject to provisions.
– Secure payment by credit card: the buyer selects the products he/she wishes to order in the “basket”, modifies them if necessary (quantities, references, etc.), checks the delivery address or enters a new one. The shipping costs are then calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of his choice: “Payment by secure credit card”. The next step is to check all the information, read and accept the present terms and conditions of sale by ticking the appropriate box, and then confirm the order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to CREDIT AGRICOLE’s secure interface to enter his personal credit card details. If payment is accepted, the order is recorded and the contract is definitively formed. Payment by credit card is irrevocable. In the event of fraudulent use of the card, the purchaser may demand that the card payment be cancelled, and the sums paid will then be credited back or refunded. The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred, the cardholder must contest the debit in writing to his or her bank within 70 days of the transaction, or 120 days if provided for in the contract. The amounts deducted are reimbursed by the bank within a maximum of one month of receipt of the cardholder’s written objection. No costs will be charged to the holder for the return of the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge of them and waiver of the right to invoke one’s own terms and conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the purchaser has an e-mail address and has provided it on the order form, Matières Marius Aurenti will send confirmation of the order by e-mail.
Article 5. Reservation of ownership
Matières Marius Aurenti retains full ownership of the products sold until full payment has been received, including all costs and taxes.
Article 6. Right of withdrawal
In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the consumer has a period of 14 calendar days from receipt of the product to exercise his right of withdrawal, without having to justify his decision or pay any penalties.
Methods of exercising the right of withdrawal
To exercise his right of withdrawal, the consumer must notify his decision by a clear written statement, sent by post or e-mail to the following address :
📧 contact@mariusaurenti.com
📞 +33 9 87 87 65 75
📍 3 rue Brillat Savarin Parc du 45ème Parallèle 26300 Chateauneuf sur Isère, France
We recommend that you use the withdrawal form available in your online customer account, or any other unambiguous statement specifying your wish to withdraw.
Return of products
The consumer must return the products in their original condition and complete (packaging, accessories, instructions, etc.) within 14 days of notification of withdrawal. Return shipping costs are at the consumer’s expense, except in the case of a defective product or an error on our part.
Refund
Refunds will be made within 14 days of receipt of the returned products or proof of shipment provided by the consumer. Unless otherwise agreed with the customer, refunds will be made by the same method of payment used for purchase.
Exceptions to the right of withdrawal
In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to :
Personalized products or products made to customer specifications.
Sealed products that cannot be returned for reasons of hygiene or health protection, if their seal has been broken after delivery.
Digital content supplied immediately after purchase and whose execution has begun with the consumer’s agreement.
If you have any questions about exercising your right of withdrawal, our customer service team will be happy to help you.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
Attention: SAS Matières Marius Aurenti, 3 rue Brillat Savarin Parc du 45ème Parallèle 26300 Chateauneuf sur Isère contact@mariusaurenti.com:
I/We () hereby notify you () of my/our () withdrawal from the contract for the sale of the goods ()/provision of the services (*) below:
Ordered on ()/received on () :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date:
(*) Delete as appropriate.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are shipped via Mondial Relay, a delivery service with tracking and drop-off with signature at a Mondial Relay point designated by the buyer. Matières Marius Aurenti may provide the purchaser with the tracking number of his parcel by e-mail. The risks associated with transport are borne by the purchaser from the moment the items leave the premises of Matières Marius Aurenti. The buyer is obliged to check the condition of the packaging and the contents of the goods on delivery, in the presence of the remitter in a Mondial Relay store. In the event of damage in transit, any protest must be made to the carrier on receipt of the package.
Article 8. Liability
Matières Marius Aurenti is only bound by an obligation of means in the distance selling process. It cannot be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.
Article 9. Intellectual property
All elements of the www.mariusaurenti.com website are and remain the exclusive intellectual property of Matières Marius Aurenti. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 10. Warranty
Matières Marius Aurenti attaches the utmost importance to the quality of all the elements used to manufacture its unique products. Matières Marius Aurenti cannot be held responsible for the improper use and conservation of the products once in the buyer’s possession.
In accordance with the legal provisions in force, all products sold on our site benefit from the legal guarantee of conformity and the legal guarantee against hidden defects, as defined by articles L. 217-3 et seq. of the French Consumer Code and articles 1641 et seq. of the French Civil Code.
Legal warranty of conformity
In accordance with articles L. 217-3 et seq. of the French Consumer Code, the consumer benefits from a legal warranty of conformity on purchased products. This warranty covers defects in conformity existing at the time of delivery and applies when the product :
Does not correspond to the description given by the seller.
Is not fit for the use normally expected of similar goods.
Does not have the qualities announced by the seller or agreed with the buyer.
This warranty applies for a period of two (2) years from delivery of the goods. In the event of non-conformity, the consumer may request repair or replacement of the product free of charge. If these solutions are impossible or disproportionate, a refund may be granted.
Warranty against hidden defects
Under articles 1641 et seq. of the French Civil Code, the consumer also benefits from a legal warranty against hidden defects which render the product unfit for its intended use, or diminish its usefulness to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.
This warranty applies within two (2) years of the discovery of the hidden defect. In the event of a latent defect, the consumer may choose between returning the product for a full refund or reducing the purchase price.
Implementation of guarantees
For any request relating to legal guarantees, the consumer can contact our customer service department at the following address:
📧 contact@mariusaurenti.com
📞 +33 9 87 87 65 75
📍 3 rue Brillat Savarin Parc du 45ème Parallèle 26300 Chateauneuf sur Isère
The buyer must provide proof of purchase and a description of the problem encountered.
Article 11. Personal data
Matières Marius Aurenti undertakes to maintain the confidentiality of any information provided by the purchaser, which the purchaser may be required to transmit in order to use certain services. All information concerning him/her is subject to the provisions of law no. 78-17 of January 6, 1978. To this end, users have the right to access, modify and delete information concerning them. He may make a request at any time by e-mail to the following address contact[@]mariusaurenti.com
Article 12. Dispute resolution
These conditions of distance selling are governed by French law. For all disputes or litigation, the competent court will be that of Grenoble.
Article 13. Opposition to cold calling
In accordance with the provisions of article L. 223-2 of the French Consumer Code, consumers can register free of charge on the Bloctel telephone anti-spam list (www.bloctel.gouv.fr).
When we collect your telephone number on our site, we inform you of your right to oppose the use of your data for commercial prospecting purposes. If you do not wish to be contacted by telephone for commercial purposes, you can register with Bloctel.
However, this registration does not prevent our company from contacting you in the context of a current contract or if you have given us your prior consent.
Article 14. Consumer mediation (In the process of being finalized)
In accordance with article L. 612-1 of the French Consumer Code, the consumer, subject to article L.612.2 of the French Consumer Code, has the right to submit a request for amicable resolution by mediation, within a period of less than one year from the date of his or her written complaint to the professional.
MARIUS AURENTI is in the process of finding a consumer mediation entity.
Article 15. Delivery times
The delivery times indicated on our site are given as an indication and may vary according to the availability of the products, the carrier and the delivery address. Unless otherwise specified at the time of order, delivery is made within a maximum of 30 days in France from the date of payment confirmation, except for personalized orders and for all products related to Carqis, for which manufacturing lead times are a maximum of 12 weeks.
In the event of late delivery, the customer will be informed as soon as possible. In accordance with the provisions of article L. 216-2 of the French Consumer Code, if delivery has not been made within the stipulated period, the customer may cancel the order by registered letter with acknowledgement of receipt or by any other written means if, after having requested the seller to make delivery within a reasonable additional period, delivery has not been made.
If the order is cancelled, the amount paid will be refunded within 14 days of receipt of the cancellation request.
Any anomaly noted on receipt (damaged parcel, missing or non-compliant product) must be reported as soon as possible to our customer service department in order to find an appropriate solution.
