Terms of Sales

 

These general conditions (hereinafter the “General Conditions”) apply between Marco Bonelli(hereinafter “us”) and any consumer (hereinafter “you”) placing an order on the www.marcobonelli.com  (hereinafter the “Site”). Sales on the Site are intended exclusively for consumers purchasing items for personal use, excluding any resale. The Terms and Conditions may be modified at any time. The version of the General Conditions applicable is that accessible on the Site at the time of your order.

 

ARTICLE 1. Acceptance of conditions

 

By checking the box “I accept the terms and conditions” before confirming your order, you acknowledge that you have fully understood the Terms and Conditions and accept them without reservation.

 

ARTICLE 2. Items for sale on the Site

 

The articles offered for sale are those appearing on the Site on the day of your order. Items are offered for sale while stocks last. We make our best efforts to present and describe the items put on sale in the most faithful way possible, respecting the colors, the dimensions and the proportions. However, photographs, texts and any other description of the articles may not fully reflect their true appearance. For this reason, in case of dissatisfaction upon receipt of your order, you benefit from the rights described in article 7.

 

ARTICLE 3. Price of articles

 

The prices of the articles offered for sale are expressed in Euros including all taxes, except delivery costs. We are likely to change the prices of items at any time. The prices applicable to your order are therefore those appearing on the Site at the time of the order. The amounts for the delivery costs of the items are given in the article 6. The detail of the total amount that you will be asked for will be mentioned on the page “Confirmation” summarizing your order.

 

ARTICLE 4. Ordering

 

To place an order, you must be a capable adult or an emancipated minor. In addition, there must not exist between us any dispute in progress relating to the payment of an earlier order, and your order must comply with the General Conditions. You must have a customer account, which you can create online on the Site. The creation of the customer account requires that you provide the following information: Name, first name, date of birth, e-mail address, password. The creation of the customer account is possible during ordering. To place your order on the Site, you must select the selected item, size and quantity, then click on the “Add to Cart” button. You can then either continue shopping by clicking on the “continue my purchases” button, or to finish your order by clicking on the “order” button. A summary of the selected articles, their summary descriptions and their individual and overall price will then appear on the screen. You must ensure the relevance of the information summarized before confirming your order. The continuation of the order requires that you take note and accept the General Conditions by checking the box “I accept the general conditions of sale”. You then click on the “I order” button. You then enter the process of finalizing the purchase of items in your basket. Confirmation: You check the information about your order, and correct it if necessary by clicking on the link “Go back to the previous step”. Then, you enter the codes for the selected payment method and confirm the order. Once your order is confirmed, you no longer have the option to modify it on the Site. Your order is recorded by us as soon as you verify your bank account and the debit authorization of your credit card received in accordance with the procedure described in article 5.1. Once your order is registered, we will send you an e-mail with your order. If, despite our vigilance, it turns out that items ordered were no longer in stock, we will inform you of their unavailability and we will proceed to the refund of the products of which we could not ensure the shipping. you no longer have the option to modify it on the Site. Your order is recorded by us as soon as you verify your bank account and the debit authorization of your credit card received in accordance with the procedure described in article 5.1. Once your order is registered, we will send you an e-mail with your order. If, despite our vigilance, it turns out that items ordered were no longer in stock, we will inform you of their unavailability and we will proceed to the refund of the products of which we could not ensure the shipping. you no longer have the option to modify it on the Site. Your order is recorded by us as soon as you verify your bank account and the debit authorization of your credit card received in accordance with the procedure described in article 5.1. Once your order is registered, we will send you an e-mail with your order. If, despite our vigilance, it turns out that items ordered were no longer in stock, we will inform you of their unavailability and we will proceed to the refund of the products of which we could not ensure the shipping. Your order is recorded by us as soon as you verify your bank account and the debit authorization of your credit card received in accordance with the procedure described in article 5.1. Once your order is registered, we will send you an e-mail with your order. If, despite our vigilance, it turns out that items ordered were no longer in stock, we will inform you of their unavailability and we will proceed to the refund of the products of which we could not ensure the shipping. Your order is recorded by us as soon as you verify your bank account and the debit authorization of your credit card received in accordance with the procedure described in article 5.1. Once your order is registered, we will send you an e-mail with your order. If, despite our vigilance, it turns out that items ordered were no longer in stock, we will inform you of their unavailability and we will proceed to the refund of the products of which we could not ensure the shipping.

 

ARTICLE 5. Payment

 

Payment is made by credit card, Visa, or Mastercard, by filling out the information requested on the relevant page of the Site. The debit of your credit card will only take place when your bank details have been verified and the debit authorization of your credit card has been received. We reserve the ownership of the items until the complete payment of the order, that is to say full payment of the price of the order by the Site. We reserve the right to ask you to justify personal data that you provide to us to verify that the person whose bank account is debited is the person who placed the order. This verification may take the form of a request for proof of identity and / or domicile and / or bank documents (RIB or canceled check). Failure to reply to such request within 7 days of our request, we will not deliver your order or debit your credit card. Delivery times will be suspended until all the information and supporting documents requested have been received. For any question concerning the payment, you can contact the customer service according to the modalities provided for in article 9.

 

5.2. Secure payment

 

Payment is made via a secure platform. We do not keep bank details communicated. The information related to your order is subject to automated data processing by PAYPAL. The purpose of this automated data processing is to define a level of analysis of a transaction and to combat credit card fraud.
Your invoice will be available, downloadable and printable in the “my account / my orders” section, as soon as your order is shipped. If your order is shipped several times, you will have at your disposal as many invoices as

 

ARTICLE 6. Delivery

 

We deliver in Metropolitan France, Monaco, Corsica. For metropolitan France, Monaco, Corsica we guarantee a delivery under (7) seven working days from the day following the day of the registration of your order. Nevertheless, we will do our best to ensure that your order is delivered within an average of (2) two to five (5) days from the day following the date of its registration. It is specified that orders placed on the Site on Friday, Saturday or Sunday will not be processed until the following Monday. Orders placed on the Site on a holiday will also be processed on the next business day. Delivery charges will be displayed on the Site on the “Delivery Mode” page during ordering and on the “Confirmation” page summarizing your order .For information,For delivery, the delivery costs are the following: For the withdrawal in the stores of network, the cost of delivery is free. For delivery via the service Colissimo, the costs are the following: France, Monaco, Corsica = 4.90 €
You will be able to follow the evolution of the delivery of your order, by clicking on the link Colissimo that you will receive by email, or by contacting the Customer Service by mail according to the modalities referred to in article 9.

 

ARTICLE 7. Right of withdrawal – Possibility of exchange

 

7.1. Right to retract

 

In accordance with Article L121-20 of the Consumer Code, you have fourteen (14) clear days (one month for all orders placed between December 1 and December 23) from the date of receipt of your order to return to our charge the item (s) purchased, without having to justify for any reason. You will then be reimbursed the full amount paid for items returned and accepted by Customer Service as soon as possible and no later than fourteen (14) days from receipt by us of returned items. In order to facilitate the management of your returns, we advise you to carry out on the Site a request for return of items under the right of withdrawal. The return is at the customer’s expense.

 

In order to be reimbursed, you must imperatively return the items: in their original packaging, without having worn them, in a state allowing them to be re-commercialized in new condition, accompanied by the delivery note that you received with your order. If these conditions are not fulfilled, we will return the items to you at our expense, without you being able to claim any compensation or refund. You can also exchange items received within 15 days of receipt (1 month for all orders placed between December 1 and December 23), subject to availability of items with which you wish to exchange them. For the exchange to be accepted, you must imperatively return the items: in their original packaging, without having worn them,
To make this exchange by the Site, you will have to make on the Site a request of return of the articles under the right of exchange. The return is at the customer’s expense.

 

You will then be reimbursed the full amount paid for items returned and accepted by Customer Service as soon as possible and no later than fourteen (14) days from receipt by us of returned items. To get the new items you want, you must place a new order on the site. If the amount of the selected item (s) exceeds that of the item (s), we will ask you to pay the additional item. Conversely, we will refund the difference

 

ARTICLE 8. Legal guarantees

 

You also benefit from legal guarantees and in particular from the guarantee of conformity in accordance with the conditions stipulated in articles L211-4 to L211-14 of the Code of the consumption and the guarantee of the defects of the thing sold under the conditions stipulated in articles 1641 to 1648 of the Civil Code.

 

Article L211-4 of the Consumer Code

 

“The seller is obliged to deliver goods in conformity with the contract and is liable for defects of conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the installation instructions or the installation when this was charged to it by the contract or was carried out under its responsibility. ”

 

Article L211-5 of the Consumer Code

 

“In order to comply with the contract, the property must:

1. Be fit for the usual expected use of a similar good and, where applicable:

– correspond to the description given by the seller and possess the qualities which the latter has

presented to the purchaser in the form of a sample or model;

– present the qualities that a buyer can legitimately expect in view of the declarations

by the seller, the producer or his representative, in particular

advertising or labeling;

2. Or have the characteristics defined by mutual agreement by the parties or be

to any special purpose sought by the buyer, brought to the knowledge of the seller and that this

 

Article L211-12 of the Consumer Code

 

“Action resulting from lack of conformity shall lapse two years from the date of

the deliverance of the property. ”

 

Article 1641 of the Civil Code

 

“The seller shall be liable for the hidden defects of the thing sold which

make it unsuitable for the use for which it is intended, or which diminishes such use

the buyer would not have acquired it, or would have given a lesser price if he had

 

Article 1648 paragraph 1 of the Civil Code

 

“The action resulting from the redhibitory defects must be instituted by the purchaser within a

two years from the discovery of the defect. ”

 

ARTICLE 9. Customer Service

 

For any question or information concerning the use of the Site, the provisions of the General Conditions, or the articles appearing on the Site, you can contact us by: contact form accessible in the “Contact” tab

 

ARTICLE 10. Data processing and freedoms

 

Your personal data is required in order to open your account, manage your order and its follow-up, and if necessary, send you commercial offers by electronic means after prior express agreement from you. We inform you that we also use cookies and web beacons as part of the provision of services offered by the Site. Cookies are files sent to the browser and saved on the computer’s hard disk that record information about the computer’s navigation on the Site (pages consulted, date and time of the consultation, etc.) that we read on subsequent visits. These cookies facilitate the navigation on the Site in that they make it possible to display the information entered by the holder of a customer account on its last connection The use of the cookies is very frequent on the Internet network. However, it is possible to oppose their insertion by configuring the preferences of the browser of your computer so as to no longer accept the cookies. As each browser is different, please check with your browser’s publisher to learn how to change your cookie preferences. However, if you disable cookies, you may no longer be able to access cookies. certain parts of our website or to use certain of our services and in particular the purchase of articles online. In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose personal data concerning you. To exercise these rights, you may either (i) directly modify the information by logging into the Account you have created (ii) request it, justifying your identity, by writing to us as described in

ARTICLE 11. Intellectual Property

The Site, any software used on the Site, and the data constituting the Site and its contents, whatever their nature (text, photography, images, sounds, graphic elements …) (hereinafter the “Properties”) be protected under intellectual property. We grant you the exclusive right to use the Properties within the limits necessary for the visit of the Site and the use of the services offered therein, for a strictly personal and private use. You may not copy, modify, integrate the Properties on any media, reverse engineer or use any other method to attempt to access source codes and / or protocols of Properties. You are also prohibited from selling, assigning, licensing, sublicense, transfer, pledge, transfer in any manner whatsoever the Properties. It is recalled that the entirety of the distinctive signs, and in particular of the marks and logos, is and remains our property or that of the holders of the intellectual property rights concerned. Recognizing these exclusive rights to these signs, you are prohibited from making any use of them other than that relating to the consultation of the Site and to bring to our intellectual property rights or those of the rights holders concerned. Any use of the Properties other than the one related to the consultation of the Site is forbidden without the express prior written consent of the owners of the rights concerned. It is recalled that the entirety of the distinctive signs, and in particular of the marks and logos, is and remains our property or that of the holders of the intellectual property rights concerned. Recognizing these exclusive rights to these signs, you are prohibited from making any use of them other than that relating to the consultation of the Site and to bring to our intellectual property rights or those of the rights holders concerned. Any use of the Properties other than the one related to the consultation of the Site is forbidden without the express prior written consent of the owners of the rights concerned. It is recalled that the entirety of the distinctive signs, and in particular of the marks and logos, is and remains our property or that of the holders of the intellectual property rights concerned. Recognizing these exclusive rights to these signs, you are prohibited from making any use of them other than that relating to the consultation of the Site and to bring to our intellectual property rights or those of the rights holders concerned. Any use of the Properties other than the one related to the consultation of the Site is forbidden without the express prior written consent of the owners of the rights concerned. you prohibit us from making use of it other than that relating to the consultation of the Site and to bring to our intellectual property rights or those of the rights holders concerned. Any use of the Properties other than the one related to the consultation of the Site is forbidden without the express prior written consent of the owners of the rights concerned. you prohibit us from making use of it other than that relating to the consultation of the Site and to bring to our intellectual property rights or those of the rights holders concerned. Any use of the Properties other than the one related to the consultation of the Site is forbidden without the express prior written consent of the owners of the rights concerned.

 

ARTICLE 12. Liability

 

Due to the technical and telecommunication constraints of the use of the Site, we can not be held liable for any damage caused by a malfunction, which would not be attributable to us, from one or more of the access steps to the Site, the process of ordering, payment, delivery tracking, due in particular to the disadvantages inherent in the use of the Internet network, such as breach of service, external intrusion, presence of computer viruses. Moreover, our liability can not be assumed in the event that the non-performance or the poor performance of our obligations is attributable either to your own behavior, or to the fact, unpredictable and insurmountable, of a third party to the contract, or to a force majeure.

 

ARTICLE 13. Completeness and validity of the General Conditions

 

The General Conditions and the confirmation of your order constitute a contractual set-up constituting the entirety of the agreements between the parties. Should one or some of the provisions of the General Conditions be declared invalid in whole or in part, the other provisions would nevertheless remain applicable in their entirety. If necessary, the reversed provision would be the subject of good faith renegotiation.

 

ARTICLE 14. Applicable Law and Dispute Resolution

 

The General Terms and Conditions are governed by French law. For the settlement of disputes which may arise in connection with the application of the General Conditions, only the French Courts shall have jurisdiction.