Article 1: Preamble
These general terms and conditions govern all relationships between the company MARINETTE SARL, with a capital of €10,000 – RCS Nancy 838 713 980, and its customers.
These general terms and conditions aim to define the sales terms between MARINETTE and the customer. They regulate all steps inherent to the order process between the contracting parties, within the framework of a distance selling system via the internet, for products marketed on the online store www.marinette.eu.
MARINETTE reserves the right to modify these general terms and conditions.
Article 2: Application Conditions
These general terms and conditions are made available to the customer to allow them to proceed with the order. By validating the order, the customer acknowledges having the full legal capacity to commit to these terms, which are the only ones applicable to the contractual relations between MARINETTE and the buyer.
Article 3: Products
The products offered are listed on the website www.marinette.eu and are available subject to stock availability. In case a product is unavailable after placing an order, MARINETTE will inform the buyer by email. The order will be automatically canceled, and no payment will be processed. Products made specifically for holidays or other special occasions cannot be remade.
Each product has a description and a photograph established by MARINETTE. The descriptions are intended to provide the customer with the essential characteristics of the products before the final order is placed and cannot, under any circumstances, engage MARINETTE’s liability. The visuals of the products are provided for informational purposes and are not contractual. Minor variations in weight, dimensions, and color may exist between the provided information and the delivered product. This does not affect its quality and confirms its artisanal nature.
MARINETTE disclaims all responsibility for errors, even spelling mistakes, entered by the customer on the biscuit. It is the buyer’s responsibility to check the text when placing the order.
Article 4: Order
To place an order on www.marinette.eu, the customer agrees to complete all steps of the online ordering process: choosing the products, the desired quantities, providing billing and delivery addresses, selecting the delivery date, choosing the payment method, verifying the order, and confirming the order, followed by payment as per the stipulated terms. The order will only be processed once full payment is received.
The confirmation of the order constitutes the acceptance of these sales conditions, acknowledgment of having read them thoroughly, and a waiver of applying their own purchase conditions or other terms. All provided data, along with the recorded confirmation, will serve as proof of the transaction.
Furthermore, MARINETTE is authorized to modify the shipping delay of an order if the production schedule requires it.
Article 5: Prices
The prices displayed on the order form are in Euros and include all taxes. The VAT expressed is the French VAT applicable at the time of the order.
If the VAT rate changes, these changes may be reflected in the product prices without notice. MARINETTE reserves the right to adjust its prices at any time based on the cost of raw materials and the general market conditions. However, prices cannot be changed once the order has been validated.
The prices are net and do not include shipping and delivery fees, which vary depending on the weight of the products to be shipped and/or the destination country. These fees are detailed in the “delivery” section during the order process. The price indicated in the order confirmation is the final price including VAT.
Local taxes and customs duties may be required by the carrier for deliveries outside mainland France. These customs charges are the responsibility of the buyer and will be borne entirely by them.
Article 6: Payment Terms and Methods
Payment for the products purchased on the website must be made in full at the time of the order. At no time will the sums collected be considered as deposits. Payments can be made by credit card (EuroCard Master Card, Visa) and are processed via a secure system to ensure that no third party can access the transmitted data.
The credit card will be charged at the time of order confirmation.
The customer guarantees that they are the holder of the credit card being charged, that the name on the card is theirs, that the card is valid, and that it is not the result of a fraudulent transaction.
MARINETTE reserves the right to suspend any order in case of payment authorization refusal by financial institutions.
Article 7: Delivery
Upon confirmation of the order, the products will be shipped within 72 working hours and may be delayed to a later date if the customer expressly requests it during the order.
Delivery of products presented on www.marinette.eu is strictly limited to the following geographical areas: Metropolitan France, the United Kingdom, Switzerland, and European Union countries. The recipient’s details must be precise, accurate, and complete to allow delivery in the best conditions. Any delivery errors due to incorrect addresses are solely the buyer’s responsibility.
Products are shipped via La Poste Colissimo with delivery fees announced during the order process and subject to the destination’s geographical delays. They are dropped into the recipient’s mailbox without a signature, while products from special orders require a signature upon delivery.
MARINETTE guarantees the perfect condition of the products upon handing them over to the carrier. Once the order leaves MARINETTE’s premises, all risks are the buyer’s responsibility. Before signing the carrier’s delivery note, the recipient must verify the condition of the goods and make any necessary reservations or refuse the package if there are signs of damage. Any claim related to damage during transport must be submitted to the carrier within three days from the delivery date. A copy of this claim should be sent to MARINETTE. If the procedure is followed and it is proven that the package and products are significantly damaged, MARINETTE will arrange for a new delivery of the products.
Delivery delays cannot give rise to compensation.
In case of non-delivery by the carrier, significant delivery delays, or non-compliance with the order, a claim should be sent by email to: contact@marinette.eu. MARINETTE will make every effort to satisfy its customers in case of delivery issues. However, MARINETTE disclaims any responsibility in case of non-performance or delay due to force majeure.
Article 8: Right of Withdrawal
As MARINETTE’s products are perishable and made-to-order, the seven-day withdrawal right does not apply to MARINETTE goods. No modification or cancellation will be accepted, and the payment made will not be refunded. However, if production has not started and with MARINETTE’s consent, the order may be modified or canceled. No refund will be possible, but a credit note will be issued to the buyer.
Article 9: Product Warranty
MARINETTE guarantees that the products sold are manufactured and packaged according to strict quality and hygiene standards in compliance with French regulations. However, MARINETTE cannot extend its warranty if the customer has not followed the proper storage conditions or if the products have been consumed beyond the optimal consumption date indicated on the packaging.
Article 10: Intellectual Property and Trademark Rights
The “Marinette” and “Les Biscuits Bavards” trademarks, the logo, and the domain name of our website are protected designations owned by MARINETTE, and you may not use them without MARINETTE’s express prior permission. You agree not to redistribute or reproduce the data published on our site or provided within the scope of our services except for your strictly personal use. Creating a hyperlink to the site is subject to MARINETTE’s express prior authorization, and provided that no confusion exists in the minds of internet users about the identity of the site or the source of the information.
Article 11: Applicable Law and Disputes
The contract formed by accepting these terms and conditions is governed by French law. The language of this contract is French. In case of a dispute, French courts will have exclusive jurisdiction.
Article 12: Data Security
To ensure optimal security for transactions, the website www.marinette.eu uses the secure payment service STRIPE. Only STRIPE holds confidential information, which is inaccessible to third parties. MARINETTE does not store payment method information. Therefore, the customer’s bank details will be required again for each order. The encrypted confidential data is transmitted directly to STRIPE’s server without passing through MARINETTE’s physical server.