Last updated: 02/17/2023
MARIE ALHOMME, an individual company, operates the website https://marie-alhomme.com (the "Website").
Complete contact details:
13 route de Saint Victor – 42170 SAINT-JUST-SAINT-RAMBERT
Self-employed Madame Marie ALHOMME MATHAUD
Tel: (33) 06 61 35 62 22
Siret Number: 451 579 593 00067
VAT not applicable – article 293 B of the General Tax Code
These General Terms and Conditions of Sale and Use ("GTC") define the rights and obligations of the Parties, namely the company MARIE ALHOMME (the "Seller") and yourself (the "Client"), within the scope of the purchase of products and creations (the "Products").
Together with the order placed with the Seller, these form a contract (the "Contract") concluded between yourself and the Seller.
These GTC specify the conditions under which the Client places an order on the Website or by any other means, with the understanding that any order placed with the Seller implies the Client's unconditional adherence to these GTC, notwithstanding any contrary clause on the letterhead or order forms of the Clients.
We invite you to carefully read these GTC, print them and/or save them on a durable medium before proceeding with the validation of your order.
Any order of a Product on the Website requires the consultation and express acceptance of the GTC by ticking the box provided for this purpose during the ordering process.
These GTC provide for the conditions of sale and shipment of products (I).
I - Conditions of sale and shipment of products
Article I.1 – Order terms
I.1.1 Order of products in stock
The Client has the possibility to place an order using a contact form on the website ), by phone (06 61 35 62 22) with written confirmation (email or letter), through Messenger on the Website (https://marie-alhomme.com) or the Facebook page https://facebook.com/marie.alhomme.excellence/, through instant messaging on the Instagram page (https://instagram.com/marie.alhomme.excellence), or by mail to the Seller at the address indicated above.
The products are presented on the website in a product description where the Client will have the opportunity, before finally validating the order, to review the description of the Product(s) and the selling price.
The photographs illustrating each product are not contractual; they are purely indicative and do not bind the Seller.
In case of doubt or questions from the Client about the Product they wish to buy, it is strongly recommended to contact the Seller before placing the order to obtain additional information or advice.
By discussing with the seller, and before the final validation of the order, the Client can choose the desired delivery method (home delivery or pickup at a relay point) and will be informed of the corresponding cost.
By validating the order via message, and after checking the content of the order provided by the seller (and if necessary, after modifying it), the Client declares that they fully and unconditionally accept all of these GTC.
Before placing any order by phone, through Messenger, or by mail, the Client must also become familiar with these GTC. The validation of the order by the Client constitutes full and unconditional acceptance of all of these GTC.
The order will only be final after the full payment of the price corresponding to the Products and shipping costs (by credit card, PayPal, or bank transfer).
If payment is not received within ten (10) days following the order, it will be automatically canceled, and the products subject to the order may be put back on sale.
The Seller systematically confirms the order, and then its shipment by email.
I.1.2 Order of personalized products
MARIE ALHOMME also offers to give a second life to your fabrics with strong sentimental value (babywearing scarf, grandpa's sweater, grandma's shawl, baby's pajamas, etc.) through original creations.
The Client contacts the Seller through the online store (https://marie-alhomme.com), the Facebook page (https://facebook.com/marie.alhomme.excellence), the Instagram page (https://instagram.com/marie.alhomme.excellence), or by email () to define their project.
The Seller sends the Client a sketch of the creation and a detailed quote specifying the materials used.
Once the sketch and quote are approved by the client, the Seller sends them an advance invoice corresponding to 40% of the total amount of the creation.
Upon receiving the fabric, the Seller will inform the Client of the production lead time and send them a second advance invoice corresponding to 30% of the total amount of the creation.
Once the second payment is made and the creation is completed, the Seller sends the final invoice with a photograph of the creation to the client.
Upon receiving the final payment, the Seller sends the creation to the Client, along with any remaining fabric scraps entrusted to the Seller by the Client.
Article I.2 – Prices
The products and creations offered for sale on the Website are indicated in Euros including VAT (VAT not applicable under Article 293B of the General Tax Code).
The prices indicated do not include delivery costs, which will be indicated before order validation and billed separately.
Article I.3 – Invoicing and Payment
I.3.1 The buyer has the choice, during order validation, between various payment methods.
The order is only validated and processed after full payment of the price of the Products and shipping costs, by credit card, PayPal, or bank transfer.
An invoice is created during the processing of each order and is sent by email.
For any request for a paper invoice or duplicate, the Client must make the request by mail with a self-addressed envelope with their name and address.
I.3.2 Note for Professional Clients Only
Any delay in payment by a professional will result in the application of late payment penalties equal to the rate applied by the European Central Bank (ECB) for its most recent refinancing operation, increased by 10 points, as well as a flat-rate recovery fee of €40 per invoice (Article L. 441-10 of the Commercial Code).
Article I.4 – Product Availability
The Seller undertakes to keep the stock status up to date so that the information mentioned on the Website is accurate.
However, it is possible that a product mentioned as "in stock" is no longer available at the time of the Client's order. No compensation will be granted to the Client in this case.
Article I.5 – Delivery
I.5.1 Shipping Times
Orders are processed upon receipt, except on Sundays, Mondays, public holidays, and vacations.
The delivery times mentioned at the time of order validation are indicative. The Seller undertakes to do everything possible to deliver its products within the indicative timeframe, and in any case, no later than thirty (30) days after the order.
In case of delivery delay compared to the indicative timeframe, the Client cannot claim either a discount, any damages, or a refund of shipping costs.
Furthermore, the Seller is not responsible for delays due to any force majeure circumstances (such as strikes, inclement weather, etc.), incomplete or incorrect addresses, letterboxes without a name indication, etc., as well as any potential technical failures of its Internet service provider.
I.5.2 Delivery Conditions
Delivery is made to the address provided by the Client when confirming their order.
The Client is encouraged to verify the accuracy of the delivery address. Any error in the address that results in a delivery issue, rescheduling by the carrier, and/or the return of the goods to the Seller will result in re-shipment at the Client's expense.
Upon the dispatch of the Products, their parcel numbers will be provided to the Client so they can track their delivery on the carrier's website.
The Client undertakes to inspect the condition of the Products (not just their packaging) immediately upon receipt from the carrier.
Any anomalies or reservations identified at the time of delivery (including missing or damaged products, delayed delivery) must be reported in full and with precision by the Client on the receipt given by the carrier on the day of delivery. These reservations must be communicated to the carrier and the Seller within three (3) working days following delivery. The reservations must accurately describe the nature and quantity of the damaged or missing Products.
I.5.3 Delivery and Handling Fees
The calculation of delivery fees is done at the time of order validation.
These fees include shipping costs, as well as packaging purchases and handling fees, time spent preparing and packaging orders, time and expenses related to trips to the post office.
Article I.6 – Right of Withdrawal
The Client who has purchased a non-customized Product via email, Messenger, phone, or mail has the right to withdrawal.
The withdrawal period is 14 calendar days from the receipt of the Products.
Regarding the exercise of the right of withdrawal, return costs are the responsibility of the Client.
Any return must be requested in writing (by mail, Messenger, or email) to the Seller, and it must be approved (or refused if the conditions for exercising the right of withdrawal are not met).
Returns must be made by Colissimo with acknowledgment of receipt, or any other method that allows tracking of shipment and delivery, sent to the following address:
Madame Marie ALHOMME MATHAUD
13 route de Saint Victor
Returns sent with cash on delivery, insufficiently packaged, or outside the deadline will be refused.
The right of withdrawal applies only to products in perfect condition, unused, clean, and undamaged. They must be returned in their original packaging and condition, also in perfect condition.
Any return of Products must be accompanied by the corresponding invoice and a bank identity statement with the Client's IBAN and BIC.
The reimbursement for the Products subject to withdrawal will be made by bank transfer within a maximum of 14 days following the receipt of the Products.
Any return made without prior validation by the Seller and/or outside the legal withdrawal period will not be considered. The Seller's receipt of the parcel delivered by the carrier does not constitute acceptance of the return. In such a situation, the Seller will keep the product erroneously returned at the Client's disposal but will not send it back (unless expenses are covered by the Client) or provide any replacement, refund, or credit.
Exclusion of the Right of Withdrawal for Customized or Specially Manufactured Goods
In accordance with Article L 121-20-2 of the Consumer Code, the consumer's right of withdrawal in the case of distance selling cannot be exercised (unless the parties have expressly agreed otherwise) for contracts for the supply of goods made according to the consumer's specifications or clearly customized.
The Client is therefore advised that the right of withdrawal does not apply to sales of items customized at their request, except in cases of major defects in the support.
When the Client provides an object belonging to them for incorporation into a creation, they are advised that this object will be altered. Moreover, if the object or fabric provided by the Client has defects (stains, wear, holes, etc.), these defects may have repercussions on the creation.
Article I.7 – Warranties – Claims - Liability
The Client benefits from the legal warranty for hidden defects resulting from articles 1641 to 1649 of the Civil Code and the legal warranty of conformity from articles L.217-4 and following of the Consumer Code. They can, therefore, return defective or non-compliant products at no cost.
I.7.1 Legal Warranty of Conformity
Article L 217-4 of the Consumer Code states that "The seller delivers a product that conforms to the contract and is responsible for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been charged to it by the contract or carried out under its responsibility.".
Article L 211-5 of the Consumer Code specifies that:
"To be in conformity with the contract, the product must:
- be suitable for the usual expected use of a similar product and, where applicable:
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer as a sample or model;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the seller."
The Client can take action within two years from the delivery of the Product (Article L 217-12 of the Consumer Code).
If the delivered Products do not conform to the Products ordered by the Buyer, the latter has the choice between returning the item and being reimbursed or keeping the item and receiving a partial refund (Article 1644 of the Civil Code).
I.7.2 Warranty Against Hidden Defects
In accordance with Article 1641 of the Civil Code, "The seller is liable for hidden defects in the item sold which make it unfit for the purpose for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have paid a lower price if they had known about them.".
The Client can take action within two years from the discovery of the defect (Article 1648 of the Civil Code).
If the delivered Products have hidden defects, the buyer chooses between repairing and replacing the item. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is clearly disproportionate in relation to the other option, considering the value of the item or the importance of the defect. In this case, the seller is required, unless impossible, to proceed according to the option not chosen by the buyer (Article L217-9 of the Consumer Code).
Article I.8 – Miscellaneous Provisions
The clauses of the Contract prevail over all other documents unless the Contract is subsequently modified, which can only be done in writing validated by both Parties.
If one or more clauses of the T&C are deemed invalid or declared as such under a law, regulation, or as a result of a final decision by a competent court, they will be deemed unwritten, and the other clauses will remain in effect.
The headings of the clauses in these T&C are for information purposes only. In case of contradiction between the headings and their content, the content prevails.
The provisions of this article apply to section II of these T&C as well.
Article I.9 – Applicable Law, Dispute
I.9.1 Applicable Law and Competent Jurisdiction
The Contract is governed by French law.
In case of a dispute, the competent court will be that of the defendant's place of residence.
In the event of difficulties in applying these terms, the Parties will attempt, before any legal action, to reach an amicable agreement and will share all necessary information for this purpose.
In accordance with the provisions of the Consumer Code regarding the amicable resolution of disputes, the Seller adheres to the Service of the:
CNPM CONSUMER MEDIATION
27 Avenue de la Libération - 42400 Saint-Chamond
Phone: +33 (0)9 88 30 27 72
Following the Client's prior written approach to the Seller, the Mediator's Service may be contacted for any consumer dispute whose amicable resolution has not been successful.
I.9.3 Online Dispute Resolution Platform
In accordance with Regulation No. 524/2013 of March 21, 2013 on online dispute resolution for consumer disputes, you have the option to use the platform https://ec.europa.eu/consumers/odr to resolve your disputes online.
In case an amicable solution cannot be found, the Parties may refer the matter to any territorially and materially competent court.
The provisions of this article are applicable to section II of these T&C as well.