Last update date: 19.08.2022
Article 1 – LEGAL INFORMATION
This site, accessible at the URL https://www.marcels.fr (the “Site”), is published by :
SAS DUBREUIL company with a capital of 1000 euros, registered in the R.C.S. of Thonon Les
Bains under the number 915 202 725, whose head office is located at 13 Route des
Repingons 74140 MESSERY, represented by DUBREUIL Damien duly authorized,
The Site is hosted by the company OVH, located at 2 rue Kellermann
59100 Roubaix, (phone: 09 72 10 10 07).
The Director of the publication of the Site is DUBREUIL Damien
The Operator can be reached at the following telephone number 0679648953 and at the following e-mail address
next bonjourmarcels@gmail.com.
Article 2 – GENERAL PROVISIONS RELATING TO THIS AGREEMENT
GENERAL CONDITIONS
The general terms and conditions of sale (the “General Terms and Conditions of Sale”, or the “GTC”)
are applicable exclusively to the online sale of products offered by the Operator on
the Website.
The GTC are available to customers on the Site where they are directly
available for consultation and may also be communicated to him on simple request by any
means.
The GTC are opposable to the customer who recognizes, by checking a box or by clicking on the
button provided for this purpose, having been informed of them and having accepted them before
order. The validation of the order by its confirmation is worth adhesion by the purchaser
to the GTC in force on the day of the order, the conservation and reproduction of which are
provided by the Operator.
Article 3 – DESCRIPTION OF PRODUCTS
The Site is an online sales site for eco-responsible products and toys (hereinafter the
“Product(s)”) open to any natural or legal person using the Site (the “Customer”).
The Products presented on the Site are each the subject of a description (established by the supplier
or accessible on the manufacturer’s website through a link on the Site) mentioning their
essential characteristics. The photographs illustrating, if any, the products do not
do not constitute a contractual document. The instructions for use of the Product, if it is a
essential element, appears on the Site or is at the latest addressed to the delivery. The Products
comply with the requirements of French law in force.
The Customer remains responsible for the methods and consequences of his access to the Site
especially through the Internet. This access may involve payment of fees to providers
such as Internet service providers, who remain at the disposal of the customer.
his charge. In addition, the Customer shall provide and be fully responsible for
equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration he uses is secure
and in working order.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create his customer space
staff. Once created, to access it, the Customer must identify himself using his login
and its secret, personal and confidential password. It is up to the Customer not to
communicate its login and password in accordance with the provisions of Article
PERSONAL DATA of the present General Conditions. Each Customer agrees to
maintain strict confidentiality of data, in particular login and password
access to his customer area, the Customer acknowledges that he is the only one who can access
responsible for accessing the Service through his login and password, except
proven fraud. Each Customer also undertakes to inform the Operator without delay in
the event of loss, misappropriation or fraudulent use of its
login and/or password.
After the creation of his personal customer area, the Customer will receive an email confirming the
creation of its customer space.
The Customer agrees at the time of registration to :
> deliver real, accurate and up-to-date information at the time of its entry into the
registration form of the service, and in particular not to use false names or
addresses, or names or addresses without authorization.
> maintain up-to-date enrollment data to ensure that it is always up-to-date
real, accurate and up-to-date.
The Customer further agrees not to make available or distribute any illegal information
or objectionable (such as defamatory or impersonatory information) or harmful (such as viruses). Otherwise, the Operator will be
may suspend or terminate Customer’s access to the Site at its sole discretion.
Article 5 – ORDERS
The Operator endeavors to guarantee an optimal availability of its Products. The offers of
Products are valid while stocks last.
If, despite the best efforts of the Operator, a Product should prove to be unavailable
after the order of the Customer, the Operator will inform the Customer by email, in
as soon as possible and the Customer will have the choice between :
> delivery of a Product of equivalent quality and price to the one initially
ordered, or
> the refund of the price of the ordered Product at the latest in thirty (30)
days of payment of the amounts already paid.
It is agreed that apart from the refund of the price of the unavailable Product, if this
option is requested by the Customer, the Operator is not liable for any cancellation compensation,
unless the non-performance of the contract is personally attributable to him.
Except as otherwise provided in these Terms and Conditions and without limiting the generality of the foregoing, the
prejudice to the right of withdrawal provided for by the applicable law, the Customer’s orders are
firm and definitive.
At the time of placing an order, the Customer must select the Products chosen, the
add to his basket by indicating the selected Products and the desired quantities. The
Customer has the possibility to check the details of his order and its total price, and to return to the
previous pages to correct the contents of his basket, before sending it to the
validate.
The Customer undertakes to read the General Terms and Conditions of Sale then in force before
accept and confirm the terms and conditions and any delivery and withdrawal fees
prior to the payment of his order. The confirmation of the order involves
acceptance of the GTC and form the contract.
A copy of these Terms and Conditions as accepted by the Customer will be sent to
to the Customer by e-mail at the time of the confirmation of his Order so that the latter
can refer to it.
The contractual information relating to the order (including the number of the
order) will be confirmed by e-mail in due course and at the latest by the
at the time of delivery. The Operator strongly advises the Customer to print and/or
to archive on a reliable and durable support this confirmation of order as a
evidence. A digital invoice is made available to the Customer in the “my
account”. The Operator also advises the Customer to print and/or archive on a
and durable medium this invoice as proof.
Any email that will be sent to the Customer in the context of an order will be sent to the address
email that the Customer uses to identify himself in his customer area.
The Operator reserves the right not to validate the Customer’s order for any reason
legitimate, particularly in the event that :
> The Customer would not respect the General Conditions in force at the time of its
order ;
> The Customer’s order history shows that there are outstanding amounts due under
from previous orders;
> One of the Customer’s previous orders is the subject of a dispute in progress
treatment;
> The Customer has not responded to a request for confirmation of his order that
the Operator has sent to him.
The Operator shall archive the contracts for the sale of Products in accordance with the legislation
applicable. By sending a request to bonjourmarcel@gmail.com,
the Operator shall provide the Customer with a copy of the contract for which the request is made.
Any modification of the order by the Customer after confirmation of his order is
subject to the agreement of the Operator.
The information provided by the Customer when placing the order
(in particular name and delivery address) are binding on him. Thus, the responsibility of
the Operator shall not be held liable in the event that an error is made by the Operator in any way.
at the time of placing the order would prevent or delay the delivery.
The Customer declares that he/she has full legal capacity to enter into commitments under the
these General Conditions.
Registration is open to adults and minors, provided that they
are under the supervision of the parent or guardian with parental authority. In
In no case shall registration be authorized on behalf of third parties unless validly
authorized to represent it (e.g. a legal entity). Registration is strictly
personal to each Client.
In the event of a breach by the Customer of any of the provisions hereof, the Operator shall
reserves the right to terminate without notice the account of such Customer.
Article 6 – METHODS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is a
order with payment obligation, which requires the payment of a price against the
supply of the ordered Product.
In any case, the Operator reserves the right to check the validity of the payment,
before the shipment of the order, by all necessary means.
The Operator uses the online payment solution Axepta from BNP PARIBAS.
Orders can be paid using one of the following payment methods
following :
> Payment by credit card. The payment is made directly on the servers
bank details of the Operator’s bank, the Customer’s bank account details are
do not transit on the Site. The bank details provided at the time of the
payment are protected by an SSL (Secure Socket Layer) encryption process. From
In this way, these details are not accessible to third parties.
The Customer’s order is recorded and validated upon acceptance of payment by the
bank.
The Customer’s account will be debited with the corresponding amount only when
(i) the data of the credit card used will have been verified and (ii) the flow will have been
accepted by the bank that issued the credit card.
The impossibility of debiting the amounts due will result in the immediate nullity of the
sale.
In particular, the bank card may be refused if it has expired, if it
has reached the maximum expenditure amount to which the Client is entitled or if the data
entered are incorrect.
Where applicable, the order validated by the Customer will only be considered effective if
when the secure bank payment center will have given its agreement on the transaction.
Within the framework of control procedures, the Operator may have to ask the Customer
all the necessary documents to finalize his order. These parts will not be
used for any other purpose than these.
Article 7 – PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros all taxes included
including VAT, but excluding delivery and transport costs. In case of promotion, the Operator
agrees to apply the promotional price to all orders placed during the period of the
publicity made for the promotion.
The price is payable in Euros (€) only. The price is due in full after
confirmation of the order. The prices quoted include discounts and rebates that
the Operator would have to grant.
If shipping or delivery charges apply, they will be added to the price of the Products and
indicated in a distinct way before the validation of the order by the Customer. The amount
The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends the
confirmation of his order.
The attention of the Customer is particularly drawn to the method of acceptance of the order
passed on the Site. When the Customer places his order he must confirm it by
double-click” technique, i.e. after selecting Products added to the
basket, the Customer must check and possibly correct the contents of his basket
(identification, quantity of products selected, price, delivery terms and costs) before
to validate it by clicking on “I validate my delivery”, then he acknowledges accepting the present
before clicking on the button “I pay”, finally he validates his order after having
filled in his bank details. The “double click” is an electronic signature and is equivalent to
to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the
order by the Customer.
The archiving of communications, purchase orders and invoices is ensured by
the Operator on a reliable and durable medium so as to constitute a faithful and accurate copy of the
sustainable. These communications, purchase orders and invoices may be produced as
of proof of the contract. Unless proven otherwise, the data recorded by the Operator on
Internet or by telephone constitute the proof of all the transactions made
between the Operator and its Customers.
The order can be cancelled by the Customer by registered letter with request for notice
of receipt or in writing on another durable medium in case :
delivery of a Product that does not conform to the declared characteristics of the Product;
delivery beyond the deadline set out in the purchase order or, failing that
of such date, within thirty (30) days of the conclusion of the contract, after
the Operator has been ordered, in the same manner and without result, to carry out the
delivery within a reasonable additional time ;
price increase that is not justified by a technical change in the product
imposed by the public authorities.
In all these cases, the Customer can demand the reimbursement of the deposit paid plus the
interest calculated at the legal rate from the date of receipt of the deposit.
The order may be terminated by the Operator in the event of:
refusal of the buyer to take delivery ;
non-payment of the price (or the balance of the price) at the time of delivery.
Article 9 – RESERVATION OF OWNERSHIP
The Operator remains the exclusive owner of the Products ordered on the Site until
collection of the full price, including any shipping costs.
Article 10 – SHIPMENT AND DELIVERY
The online sales offers presented on the site are reserved for consumers
residing in France or, if applicable, in a member state of the European Union, and for
deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the
Product.
The Operator offers you different delivery methods depending on the nature of the product
of the product : The ordered products are delivered according to the modalities and the indicative times below
above. Except in cases of force majeure or during periods when the store is closed in
which will be clearly announced on the homepage of the site, the delivery times
will be, within the limits of available stocks, those indicated below. Delivery times
are given as an indication. These time limits run from the date of acceptance by
the carrier. Or 1 to 2 working days (preparation time of the parcel by MARCELS) to
From the date of registration of the order indicated on the confirmation email
of the order.
The products are delivered to the address indicated by the buyer on the order form,
the purchaser shall ensure its accuracy. Any package returned to the seller because of a
Incorrect or incomplete delivery address will be reshipped at the buyer’s expense.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice in the
letter box which will allow to withdraw the parcel at the place and time indicated. The buyer shall
bring an ID to pick up your package. If the buyer does not get back
If the customer does not return the package within the time limit, it will be returned to the seller. In this case, the cost of
reshipment are at the expense of the buyer.
Home delivery Colissimo :
Delivery time : 48 hours.
Destination: all of metropolitan France, including Corsica and Monaco.
Operation: in case of absence during the passage of the factor, the parcel is preserved during
15 days at the post office. From July 15 to August 19, this period increases to 30 days.
Express home delivery Chronopost :
Delivery times: the package is delivered the next day before 6pm from Monday to Friday, except on
holidays. For some coastal islands, the deadline may be extended by one day. For Corsica and the
day after the public holidays, the delivery can intervene in the day without commitment of
delay.
Destination: all of metropolitan France, including Corsica and Monaco.
Operation: in case of absence during the passage of the factor, the parcel is preserved during
14 days at the post office and in Chronopost agencies, 8 days in Pickup relays and 3 days in
Pickup station.
Delivery in a Mondial Relay point:
Delivery time: average time of 3-6 working days.
Destination: all of metropolitan France, including Corsica and Monaco, Belgium and
Luxembourg.
How it works: The merchant holds the parcel at the disposal of the buyer during a
minimum of 7 calendar days, which can be extended to 14 calendar days, depending on the
constraints of the activity. After this period, the package will be returned to the seller. In which case, the
The buyer is responsible for the return shipping costs. The purchaser must bring with him a document
identity in order to be able to recover his parcel.
The shipping costs are those specified during the finalization of the order and are accepted
by the validation of the order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site to
each of the Products, to deliver the Products within a maximum of thirty (30) days after
order receipt.
The delivery times are announced in working days on the Site at the time of the order. These
The time limits include the preparation and shipment of the order as well as the time limit set by the
carrier.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each
product sheet and in the shopping cart, provided that the payment of the order has not been
previously refused.
However, if one or more Products could not be delivered within the time frame initially
announced, the Operator will send an email indicating to the Customer the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. He
It is therefore up to you to check that this address does not contain any errors. The responsibility of
the Operator cannot be engaged if the address communicated by the Customer is erroneous,
preventing or delaying delivery.
Upon delivery, you may be asked to sign a receipt.
No delivery will be made to a P.O. Box.
Upon delivery, it is the Customer’s responsibility to verify that the Products delivered are in conformity with his
order and that the package is sealed and undamaged. If this is not the case, the Customer must
It is imperative to indicate this on the delivery note. No claims on quantity
or the condition of the Product will not be accepted if the claim was not made on the
delivery.
Article 11 – RIGHT OF WITHDRAWAL
If a delivered Product does not give complete satisfaction to the Customer, the latter may return it
to the Operator. The Customer will have fourteen (14) days to do so from the date of
receipt of the order.
In accordance with article L.221-21 of the Consumer Code and in order to implement
this right of withdrawal under the conditions of articles L. 221-18 and following of the French
the Customer is invited to fill in the standard withdrawal form by clicking
on the following link [Lien vers le formulaire de rétractation]. (PUT THE RAJUVEN LINK)
The Operator will send an acknowledgement of receipt of the Customer’s withdrawal request by e-mail to the Customer’s address.
mail.
If necessary, the Customer may exercise his right of withdrawal by notifying the information
to the Operator:
> name, geographic address, telephone number and e-mail address;
> decision to withdraw by means of an unambiguous statement (by
for example, letter sent by post, fax or e-mail as long as
these details are available and therefore appear on the standard
retraction). The Customer may use the model withdrawal form but this
is not mandatory.
The return costs are at the expense of the Customer, except if the good cannot be normally
returned by mail, in which case the Operator shall recover the Product at its expense.
The exceptions of the article L.221-28 of the Code of the Consumption apply and make
the exercise of the right of withdrawal, in particular if the order consists of a
contract :
> the provision of fully executed services before the end of the withdrawal period and
the performance of which has begun after the consumer’s express prior consent and
express waiver of the right of withdrawal;
> supply of goods or services whose price depends on fluctuations in the market price of the
financial market beyond the control of the professional and likely to be
To be produced during the withdrawal period;
> supply of goods made to the consumer’s specifications or
clearly personalized ;
> supply of goods that are likely to deteriorate or expire rapidly;
> supply of goods that have been unsealed by the consumer after delivery and
that cannot be returned for reasons of hygiene or protection of the
health;
> supply of goods which, after delivery and by their nature, are mixed with other goods
inseparably with other articles;
> supply of alcoholic beverages for which delivery is delayed beyond thirty
(30) days and whose value agreed upon at the conclusion of the contract depends on
fluctuations in the market beyond the control of the professional;
> maintenance or repair work to be done urgently at the home of the
and expressly requested by the consumer, within the limit of the parts of the
replacement and work strictly necessary to meet the emergency ;
> supply of audio or video recordings or computer software
when they have been unsealed by the consumer after delivery;
> supply of a newspaper, periodical or magazine, except for contracts
subscription to these publications;
> concluded at a public auction;
> providing accommodation services, other than residential accommodation, for
transportation of goods, car rentals, restaurants or activities
recreation that must be provided on a specific date or at a specific time;
> supply of digital content not provided on a physical medium of which
performance has begun after the consumer’s express prior consent and
express waiver of his right of withdrawal.
The returned Product must be in its original packaging, in perfect condition, suitable for its
resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying
the exact and complete contact information (name, first name, address) of the Customer as well as the
and the original purchase invoice.
The Operator will reimburse the Customer the amount of the Product within fourteen (14)
days from the receipt of the Product and all the elements allowing to
implement the refund of the Customer. This refund can be made by
the same means of payment as the one used for the Customer. In this respect, the Client having
paid his order in the form of credit notes / gift vouchers can be reimbursed by credit notes
/ gift vouchers according to the will of the Operator.
By accepting the present General Terms and Conditions of Sale, the Customer expressly acknowledges
to have been informed of the modalities of retraction.
Article 12 – CUSTOMER SERVICE
The Customer can contact the Operator:
> at the following number 06.79.64.89.53 during the following days and hours Monday to
Friday from 08h00 to 20h00.
> by email to bonjourmarcel@gmail.com indicating his name,
telephone number, the purpose of the request and the order number
concerned.
Article 13 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is the sole owner of all the elements present on the Site, notably and
without limitation, all texts, files, images animated or not, photographs, videos,
logos, designs, models, software, trademarks, visual identity, database,
structure of the Site and all other elements of intellectual property and other
data or information (hereinafter, the “Elements”) that are protected by the laws and
French and international regulations relating in particular to property
intellectual.
Consequently, none of the Elements of the Site may be, in whole or in part, used for
modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated,
distributed, broadcast, represented, stored, used, leased or otherwise exploited in any way
by a Customer or by a third party, whether free of charge or against payment, regardless of the
means and/or media used, whether known or unknown at this time, without
the prior express written authorization of the Operator on a case-by-case basis, and the Customer is
solely responsible for any unauthorized use and/or exploitation.
Furthermore, it is specified that the Operator is not the owner of the content put in
by the Clients, for which the latter remain fully responsible
and guarantee the Company against any recourse in this respect. The Clients grant to
the Operator a non-exclusive, transferable, sub-licensable license, free of charge and
for the use of the intellectual property content they publish on
the Site, for the entire duration of the protection of these contents.
The Operator reserves the right to take legal action against any person who
who have not complied with the prohibitions contained in this article.
ARTICLE 14 – LIABILITY AND WARRANTY
The Operator shall not be held responsible for the non-performance of the contract due to
of the Customer or due to an event qualified as force majeure by the courts
or the unforeseeable and insurmountable fact of any third party to the
present.
The Customer acknowledges that the characteristics and constraints of the Internet do not
do not guarantee the security, availability and integrity of transmissions
of data on the Internet. Thus, the Operator does not guarantee that the Site and its services
will operate without interruption or error. In particular, their
operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or presentation.
The Operator cannot be held responsible for the use that would be made of the Site
and its services by Customers in violation of these General Conditions and
direct or indirect damages that this use could cause to a Customer or to a third party.
to a third party. In particular, the Operator cannot be held responsible for false
statements made by a Customer and his behaviour towards third parties. In the
in the event that the Operator’s liability is sought for such
behaviour of one of its Customers, the latter undertakes to guarantee the Operator against
any judgment against it and to reimburse the Operator for any loss or damage suffered by it.
all costs, including attorneys’ fees, incurred in its defense.
Regardless of any additional contractual warranty (warranty
commercial) which could be granted, the Products benefit from the guarantee
of the French Code of Commerce (Code de la Concurrence).
(notably L. 217-4 to L. 217-14 of the Consumer Code), and
the guarantee for hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity:
> you have a period of two (2) years from the delivery of the goods
to act:
> you can choose between repair or replacement of the good, under the following conditions
subject to the cost conditions set forth in Article L. 217-9 of the French Code de la
consumption ;
> you are exempt from proving the existence of the defect of
conformity of the goods during the twenty-four (24) months following the delivery of the
goods (except used goods).
You can decide to implement the warranty against hidden defects of the
thing sold within the meaning of Article 1641 of the Civil Code. In this case, you
can choose between the resolution of the sale or a reduction of the sale price
in accordance with Article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Code of
1641, 1644 and the first paragraph of article 1648 of the French Code of Civil Procedure.
Civil Code, as in force on the date of these General Terms and Conditions of Sale:
Art. L.217-4 of the Consumer Code:
“The seller delivers goods in conformity with the contract and is responsible for defects in conformity
existing at the time of delivery. He is also responsible for defects in conformity resulting from
of the packaging, the assembly instructions or the installation if it has been
(b) the contract has been entered into by or under the responsibility of the owner of the property.
Art. L.217-5 of the Consumer Code:
“The property conforms to the contract:
(1) whether it is fit for the purpose ordinarily expected of similar property and, if so
appropriate :
- if it corresponds to the description given by the seller and has the qualities that
presented to the buyer in the form of a sample or model; - if it has the qualities that a purchaser may legitimately expect in view of the
public statements made by the seller, the producer or his
representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties; or
is fit for any special purpose sought by the buyer, brought to the attention of the
seller and that the seller has accepted.”
Art. L.217-7 of the Consumer Code:
“Defects of conformity that appear within twenty-four months of the date of
from the time of delivery of the goods are presumed to exist at the time of delivery, unless
evidence to the contrary.
For goods sold second-hand, this period is set at six months.
The seller may rebut this presumption if it is inconsistent with the
nature of the good or the claimed lack of conformity.”
Art. L.217-9 of the Consumer Code:
“In case of lack of conformity, the buyer chooses between repair and
replacement of the property. However, the seller may not proceed according to the choice of
the buyer if this choice entails a cost that is clearly disproportionate to the
the other modality, taking into account the value of the property or the importance of the defect. It is
then required to proceed, unless impossible, according to the method not chosen by the buyer
“.
Art. L.217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years as from the date of
deliverance of good.”
Art. 1641 of the Civil Code:
“The seller is bound by the warranty for hidden defects of the thing sold
which render it unsuitable for its intended use, or which so diminish that use
use, that the buyer would not have acquired it, or would have given only a lesser
prices, if he had known them.”
Art. 1644 of the Civil Code:
“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and
to have the price returned, or to keep the thing and have part of the price returned to him.
price.”
Art. 1648 paragraph 1 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within a
two years from the discovery of the defect.
It is recalled that the search for amicable solutions prior to a possible
legal action does not interrupt the time limits of the legal guarantees nor the duration of the
of any possible contractual guarantee.
The Operator shall not be held responsible for the non-performance of the contract due to
of the Customer or due to an event qualified as force majeure by the courts
or the unforeseeable and insurmountable fact of any third party to the
present.
The Operator cannot be held responsible for the imported information,
stored and/or published on the Site by the Clients. The Operator cannot be held responsible for
responsible for any information published by a Customer on the Site and for any
direct or indirect damage that this use could cause to a third party, the
The client who published the site is solely responsible for the content of the site.
The Customer acknowledges that the characteristics and constraints of the Internet do not
do not guarantee the security, availability and integrity of transmissions
of data on the Internet. Thus, the Operator does not guarantee that the Site and its services
will operate without interruption or error. In particular, their
operation may be temporarily interrupted for maintenance purposes,
updates or technical improvements, or to make the content evolve
and/or their presentation.
The Operator cannot be held responsible for the use that would be made of the Site
and its services by Customers in violation of these General Conditions and
direct or indirect damages that this use could cause to a Customer or to a third party.
to a third party. In particular, the Operator cannot be held responsible for false
statements made by a Customer and his behaviour towards third parties. In the
in the event that the Operator’s liability is sought for such
behaviour of one of its Customers, the latter undertakes to guarantee the Operator against
any judgment against it and to reimburse the Operator for any loss or damage suffered by it.
all costs, including attorneys’ fees, incurred in its defense.
The Customer is solely responsible for the entirety of the content that he/she puts online on the
Site, of which he expressly declares to have all the rights, and guarantees to this
The Operator is responsible for ensuring that it does not post any content that violates the rights of third parties,
including intellectual property, or constituting an offence to persons
(in particular defamation, insults, insults, etc.), respect for privacy, a
infringement of public order and morality (in particular, apology for crimes
against humanity, incitement to racial hatred, child pornography, etc.). In case of
infringement of applicable laws, public morality or these Terms and Conditions
the Operator may exclude by operation of law Customers who have surrendered
offences and delete information and references to such offences
contentious content. The Operator is qualified as a host with regard to the content placed on the
online by third parties. In this respect, it is recalled that the Operator has no obligation
general monitoring of content transmitted or stored via the Site. In the event that the
responsibility of the Operator would be sought because of a content put on line
by the Customer, the latter undertakes to indemnify the Operator against any conviction
to reimburse the Operator for all costs,
including attorneys’ fees, incurred in its defense.
Regardless of any additional contractual warranty (warranty
commercial) which could be granted, the Products benefit from the guarantee
of the French Code of Commerce (Code de la Concurrence).
(notably L. 217-4 to L. 217-14 of the Consumer Code), and
the guarantee for hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity:
you have a period of two (2) years from the delivery of the goods
to act:
you can choose between repair or replacement of the good, under the following conditions
subject to the cost conditions set forth in Article L. 217-9 of the French Code de la
consumption ;
> you are exempt from proving the existence of the defect of
conformity of the goods during the twenty-four (24) months following the delivery of the
goods (except used goods).
You can decide to implement the warranty against hidden defects of the
thing sold within the meaning of Article 1641 of the Civil Code. In this case, you
can choose between the resolution of the sale or a reduction of the sale price
in accordance with Article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Code
of the Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the
Civil Code, as in force at the date of these General Conditions:
Art. L.217-4 of the Consumer Code:
“The seller delivers goods in conformity with the contract and is responsible for defects in conformity
existing at the time of delivery. He is also responsible for defects in conformity resulting from
of the packaging, the assembly instructions or the installation if it has been
(b) the contract has been entered into by or under the responsibility of the owner of the property.
Art. L.217-5 of the Consumer Code:
“The property conforms to the contract:
(1) whether it is fit for the purpose ordinarily expected of similar property and, if so
appropriate :
- if it corresponds to the description given by the seller and has the qualities that
presented to the buyer in the form of a sample or model; - if it has the qualities that a purchaser may legitimately expect in view of the
public statements made by the seller, the producer or his
representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties; or
is fit for any special purpose sought by the buyer, brought to the attention of the
seller and that the seller has accepted.”
Art. L.217-7 of the Consumer Code:
“Defects of conformity that appear within twenty-four months of the date of
from the time of delivery of the goods are presumed to exist at the time of delivery, unless
evidence to the contrary.
For goods sold second-hand, this period is set at six months.
The seller may rebut this presumption if it is inconsistent with the
nature of the good or the claimed lack of conformity.”
Art. L.217-9 of the Consumer Code:
“In case of lack of conformity, the buyer chooses between repair and
replacement of the property. However, the seller may not proceed according to the choice of
the buyer if this choice entails a cost that is clearly disproportionate to the
the other modality, taking into account the value of the property or the importance of the defect. It is
then required to proceed, unless impossible, according to the method not chosen by the buyer
“.
Art. L.217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years as from the date of
deliverance of good.”
Art. 1641 of the Civil Code:
“The seller is bound by the warranty for hidden defects of the thing sold
which render it unsuitable for its intended use, or which so diminish that use
use, that the buyer would not have acquired it, or would have given only a lesser
prices, if he had known them.”
Art. 1644 of the Civil Code:
“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and
to have the price returned, or to keep the thing and have part of the price returned to him.
price.”
Art. 1648 paragraph 1 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within a
two years from the discovery of the defect.
It is recalled that the search for amicable solutions prior to a possible
legal action does not interrupt the time limits of the legal guarantees nor the duration of the
of any possible contractual guarantee.
ARTICLE 15 – COMMERCIAL GUARANTEE
The commercial guarantee (contractual commitment of the Operator, in addition to its
legal obligations relating to the guarantee of conformity of the Products) is subject to a
written contract in accordance with the provisions of Articles L. 217-15 et seq. of the
of which a copy is given to the Customer.
ARTICLE 16 – AFTER-SALES SERVICE
After-sales services performed by the Operator that are not covered by
of the commercial guarantee are the subject of a contract of which a copy is given to the
Customer.
Warranty claims should be addressed to the Service Department.
sale at the following coordinates:
> e-mail address: bonjourmarcels@gmail.com
> postal address: SAS DUBREUIL 13 Route des Repingons 74140 MESSERY
> phone number : 06.79.64.89.53
Products covered by the warranties must be returned in new condition, complete and
in their original condition and packaging after receipt and confirmation of the
complaint by the after-sales service.
The Customer will be reimbursed for the return postage costs within thirty (30)
days following receipt of the product by the Operator.
ARTICLE 17 – PERSONAL DATA
For more information on the use of personal data
by the Operator, please carefully read the Privacy Policy (the “
Charter”). You can consult this Charter on the Site at any time.
Article 18 – HYPERTEXT LINKS
The hypertext links available on the Site may lead to third-party sites not published by
by the Operator. They are provided solely for the convenience of the Customer, to facilitate
the use of resources available on the Internet. If the Customer uses these links, he will leave the
Site and will then agree to use the third party sites at its own risk or if necessary
in accordance with the terms and conditions governing them.
The Customer acknowledges that the Operator does not control or contribute in any way to
the development of the terms of use and/or the content applying to or appearing on these
third-party sites.
Consequently, the Operator shall not be held responsible in any way whatsoever
due to these hyperlinks.
In addition, the Customer acknowledges that the Operator shall not endorse, guarantee or take over from
The user is responsible for all or part of the terms of use and/or content of these third-party sites.
The Site may also contain promotional hyperlinks and/or banners
advertising referring to third party sites not published by the Operator.
The Operator invites the Customer to inform it of any hypertext link present on the Site which
would allow access to a third-party site with content that is contrary to the law and/or
good morals.
The Customer may not use and/or insert a hyperlink to the site without
the prior written consent of the Operator on a case-by-case basis.
ARTICLE 19 – REFERENCES
The Client authorizes the Operator to mention the name of the Client, its logo as a reference
in its communication supports (brochure, website, commercial proposal),
press relations, press release, press kit, internal communication,
etc.).
ARTICLE 20 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
The present General Conditions constitute a contract governing the relationship between the
Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and
of the Operator relating to their purpose. If one or more of the provisions of these Terms
declared null and void in application of a law, a regulation or as a result of a decision of the
of a final decision of a competent court, the other stipulations shall remain unaffected by the
their full force and scope. In addition, the fact that any of the parties hereto
Terms and Conditions not to rely on a breach by the other party of any of its obligations under the
any of the provisions of these Terms and Conditions shall not be construed as a substitute for
as a waiver of its right to rely on such a breach in the future.
CHANGES IN CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site
or services available therein, and/or to temporarily or permanently discontinue
to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the
location of the Site on the Internet, as well as the present General Conditions. The Client is
therefore required to refer to these Terms and Conditions before making any decision.
use of the Site.
The Customer acknowledges that the Operator shall not be held responsible in any way for
either to him or to any third party as a result of such modifications, suspensions or terminations.
The Operator advises the Customer to save and/or print the present Conditions
for a safe and durable storage, and thus be able to invoke them at any time.
at any time during the execution of the contract if necessary.
CLAIM – MEDIATION
In the event of a dispute, you must first contact the company’s customer service department at
contact details: bonjourmarcels@gmail.com
In case of failure to file a claim with the customer service or in the absence of
response from this department within ten (10) days, the Customer may submit the dispute to
relating to the purchase order or to these GTC opposing the Operator to the mediator
next: [identité et coordonnées du médiateur].
The mediator will attempt, independently and impartially, to bring the parties together by
to reach an amicable solution. The parties remain free to accept or reject the
mediation and, if mediation is used, to accept or refuse to accept the mediation
the solution proposed by the mediator.
APPLICABLE LAW
These Terms and Conditions are governed, interpreted and applied in accordance with the laws of
French.
ACCEPTANCE OF THE TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read the present General Conditions.
By registering on the Site, the Customer confirms that he/she has read the Terms and Conditions
and accept them, making him contractually bound by the terms of these
General Conditions.
The General Conditions applicable to the Customer are those available at the date of the
order, a copy of which dated to date can be given to the Customer at his request, it is
therefore specified that any modification of the General Conditions which would be made by
the Operator shall not apply to any previous order, except for the following
express agreement of the Customer at the origin of a given order.
