Terms and Conditions Of Sale
Effective date: January 2022
Article 1 - Identification of the seller
Article 2 - Scope of application and general provisions
2.1. These General Terms and Conditions of Sale (known as “GTC“) apply to all sales of MARMAX products (“Product” or “Products“) made through the website www.marmaxshop.com (hereinafter the “Website“).
2.2. The products offered for sale by the Seller are intended for final consumers (“Customer” or “Customers“) who are natural persons. The Customer declares that they are acting as a final consumer and not with the purpose of reselling the Products for commercial purposes.
2.3. The Customer must be aware of these GTC and declare that they have accepted them without restriction or reservation by checking the box provided for this purpose before validating the online order on the Website.
2.4. The Seller reserves the right to update these GTC at any time by publishing a new version on the Website. The applicable GTC will be those in place at the date of the order.
2.5. These GTC are available for consultation at any time on the Website and prevail over any other document.
Article 3 - Product information and availability
3.1. The Website provides information on the Products and the applicable prices, and the Customer is obliged to be aware of this information before placing an order. If a Product is unavailable after an order has been placed, the Customer will be informed as soon as possible by email or telephone and may order another Product as a replacement or cancel the order.
3.2. The choice and purchase of Products are the exclusive responsibility of the Customer.
3.3. In the specific case of a pre-order, the Customer may reserve a Product mentioned on the Website before its release date. The availability date of the pre-ordered Product will be indicated on the product page of the Website. If the date is modified, the Customer will be expressly informed by email or on his Customer account.
3.4. The offers of the Products are valid within the limits of available stocks. Errors may exceptionally occur, especially when several customers order the same Product simultaneously. MARMAX is not responsible for the unavailability of the Product to the Customer before the conclusion of the contract.
3.5. In particular, in accordance with the Article L121-11 of the Consumer Code, the Seller reserves the right to limit the quantity of products that can be purchased by the Customer.
3.6. The illustrations and photographs of the Products may not correspond to their actual appearance. The Customer must only rely on the information and characteristics of the Product mentioned on the Website.
3.7. The color of the products may differ from its natural color depending on the resolution of your screen.
3.8. The Products (colors, styles, models) may be modified by the Seller at any time and without notice on the Website.
Article 4 - Prices and payment methods
4.1. The price of the Products is indicated in Euros, all taxes included. The Products are invoiced at the prices mentioned on the Website at the time of placement of the order, subject to the availability of the Products ordered. The prices consider any reductions that may have been intended by the Seller.
4.2. The payment of the orders and pre-orders is adjustable in Euros and must be made at the time of the placing of the order.
4.3. An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products by email or by post. The invoice is generated in accordance with the information provided by the Customer at the time the order is placed. No changes can be made after the invoice has been issued.
4.4. The Seller reserves the right to modify at any time and without notice the prices of the Products visible on the Website.
4.5. Except in the case of reimbursement in the context of the application of the right of withdrawal or of lack of conformity and hidden defects, the Seller will not reimburse the VAT applied to orders placed on the Website.
4.6. Payment for orders must be made by the Customer by credit card or through a PayPal account. The credit cards accepted by the Seller are the following: Visa, MasterCard, American Express. Payments by credit card are secured via the 3D Secure system. The Customer is invited to contact his bank for any question related to his 3D Secure code.
4.7. Transactions will be charged by the Seller only after the credit card data has been verified and upon receipt of the credit card’s charge authorization.
4.8. The payment data are encrypted through the protocol defined by the approved payment provider intervening in the banking transactions made on the Website.
4.9. Payment must be made within a maximum of 7 (seven) working days after validation of the order. If it is impossible to obtain or debit the amount due by the Customer within the specified time, the contract will not be executed, and the order will be cancelled.
Article 5 - Execution of the contract
5.1. To purchase Products on the Website, the customer must:
- Select the Products to put them in the shopping cart,
- Finalize the order after selecting the Product(s) to start the ordering process,
- Log in with their customer account or create an account at the payment stage to be able to validate the order,
- Validate the order by choosing the delivery method and the payment method,
- Accept the GTC,
- Validate the payment.
5.2. The contract between the Seller and the Customer is concluded upon reception of the order confirmation by the Customer. The order confirmation should be sent by email to the email address provided by the Customer during the purchase process.
5.3. Subject to the right of withdrawal provided for in Article 7, all orders placed on the Website definitively form a distance contract between the Customer and the Seller. This entails the obligation for the Customer to pay the price of the Product(s) ordered.
5.4. In the specific case of a pre-order, or other Product that requires an extended shipping time, the Customer authorizes the Seller to save his bank details until the Product is shipped and this for a maximum period of 3 (three) months.
5.5. The Seller will keep the Customer’s data related to the order for the period of time permitted by the applicable laws as mentioned in the Privacy Policy.
5.6. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors as soon as possible to info@marmax-shop.com or by telephone at +351 933 710 740.
Article 6 - Deliveries
6.1. The Products ordered by the Customer are delivered in the following areas: member countries of the European Economic Community including Switzerland, Europe outside the Economic Community, and in the regions of Africa, North and South America, Asia, and Australia.
6.2. The Products are delivered on working days. Their delivery is handled by a service chosen by the Seller (“Delivery Service“). The Product(s) will be delivered to the address provided by the Customer during the ordering process. For security reasons, the Seller does not deliver any order for which a post office box address is provided.
6.3. Except for a case of force majeure, the paid orders will be delivered within 30 (thirty) days maximum to the Customer, as of the date indicated on the order confirmation. In the event of non-delivery, the Customer may cancel the contract, under the conditions provided for in Articles L216-2, L216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will be refunded to him at the latest within 14 (fourteen) days following the date of cancellation of the contract.
6.4. The delivery costs are offered to the customers of the Website for the whole world.
6.5. It is possible to pick up Products purchased on the Website in store. This service is only offered in certain stores. During the ordering process, the Customer can check if his delivery zone is eligible for the in-store pick-up service.
6.6. Upon reception of the Products delivered by the Delivery Service, the Customer shall: (i) verify that the number of Products delivered corresponds to the number indicated on the delivery note, (ii) that the packaging or seals are intact, (iii) sign the delivery receipt. If a defect concerning the external characteristics is detected, it must immediately be indicated in writing on the receipt. After that, the Customer will not be able to raise any further objections.
6.7. The Customer is required to check the good condition of the Products upon its reception. In case of non-conformity or non-satisfaction, the Customer may return, exchange, or replace the Products under the conditions stipulated in Articles 7 and 8.
Article 7 - Transfer of ownership
Article 8 - Right of withdrawal
8.1. The Customer may exercise their right of withdrawal in accordance with the articles L221-18 and L221-20 of the Consumer Code within 14 (fourteen) days from the date on which the Customer takes physical possession of the Products, and without giving any reason.
8.2. In order to exercise their right of withdrawal, the Customer may send an email to info@marmax-shop.com with the attached withdrawal form, completed and signed. Or the Customer may send a letter stating their intention to exercise their right of withdrawal, mentioning (i) the Product(s) concerned, (ii) the order number of the order to the following address:
MARMAX Customer Return Service
MUTTABLESPRING
Rua da Cruz de Pedra, 21/96 / Loja 30
4700-427 Braga
Portugal
8.3. Within 14 (fourteen) days after the communication of the withdrawal, the Products must be returned in their original condition and packaging accompanied by the invoice or a copy thereof.
8.4. The return of a Product for an exchange or a refund request is free of charge for the whole world. To do so, the Customer can send an email to info@marmax-shop.com with “Refund request” or “Exchange request” in the subject line to receive a prepaid return label.
8.5. The Seller undertakes to refund the payments received from the Customer within 14 (fourteen) days after receipt of the returned Products. The refund will be made by the same method of payment used by the Customer, unless the Customer authorizes another method of payment.
Article 9 - Terms of exchange and refund
9.1. In the event of an exchange request (subject to availability), once the Products have been received by the Customer, the latter must contact the Seller without delay by email at info@marmax-shop.com for an “Exchange Request” indicating the model and color of the new Products with which they wish to exchange.
9.2. If the value of the Product(s) requested as a replacement is higher than the Products to be exchanged, the Customer shall pay the price difference. And inversely, if the price is lower, the Seller shall refund the difference to the Customer.
9.3. Within a maximum of 14 (fourteen) days, the Product to be replaced must be sent to the Seller in its original condition: not altered, not damaged, not used and in its original packaging and with its purchase invoice. The Product must be able to be remarketed in new condition, therefore, dirty, incomplete, or damaged Products will not be accepted.
9.4. In the event of a refund request, the refund will be made within 3 (three) working days following receipt of the returned Product. A confirmation email will be sent to the Customer. Please be aware that the processing time of a refund may vary from one bank to another, the Seller cannot be responsible for a process depending on the card issuer.
Article 10 - Legal and authenticity guarantees
10.1. MARMAX Products are covered by the legal warranty of conformity, for damaged Products or Products that do not correspond to the order. The Products are also covered by the legal warranty against hidden defects, resulting from a manufacturing or material defect that would make the Product unfit for use. These warranties can be claimed on the condition that the Customer requests them within 2 (two) years following receipt of the goods or discovery of the defect.
10.2. In the case of a lack of conformity, the Customer may return the Product and be reimbursed or keep the Product and be compensated for part of the price paid. In case of return, the Customer must return the Product to the address indicated in article 8.2.
In all cases, it is up to the Customer to prove that they meet the conditions of the warranty.
10.3. The Seller guarantees the authenticity of the Products purchased on the Website. MARMAX Products are made of very high-quality materials of non-animal origin. The leather goods are rigorously manufactured in Portugal in a workshop specialized in high-end products. The accessories, packaging and dressing products are all made in France and in the European Union.
Article 11 - Intellectual property rights
11.1. The “MARMAX” trademark, all the brands, accessories, packaging, products, but also the images, texts, videos, domain names or in general all information and products that are subject to intellectual property rights are and remain the intellectual property of the owner of the brand who has authorized MUTTABLESPRING LDA for exclusive use and distribution.
11.2. Any partial or total reproduction, modification or use of these goods is strictly prohibited and may constitute a counterfeiting offence under French and international laws relating to intellectual property. No transfer of intellectual property rights is made through these GTC.
Article 12 - Limitation of liability
12.1. The Seller cannot be held liable for any damage that does not result from any of its obligations.
Article 13 - Applicable law and competent jurisdiction
13.1. These GTC, as well as the contracts concluded with the Customers and the operations resulting from them, are subject to and governed in accordance with French law.
13.2. These GTC were originally written in the French language. If they are translated into a foreign language, only the original French version will prevail in the event of a dispute.
13.3. Disputes concerning these GTC are submitted to the jurisdiction of the competent courts of the Seller’s domicile.
13.4. For any claim or dispute concerning the application or interpretation of these GTC, the Customer may contact the Seller by email or post at the addresses indicated in Article 1. The Customer may also have recourse to a conventional mediation procedure or any other extrajudicial dispute resolution procedure. The Customer may access the mediation system of the Paris Mediation and Arbitration Centre (CMAP): https://www.cmap.fr/?lang=en.