General terms and conditions of sale

Table of Contents

The present “General Terms and Conditions of Sale” apply to the Products sold on the https://le-martine.com website.

These General Terms and Conditions of Sale (GTS) apply, without restriction or reservation, to all sales concluded between the Seller and the Customer wishing to acquire the Products offered for sale by the Seller on the Web Site. In particular, they specify the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.

Access to this merchant site service by the Customer is reserved for strictly personal use and is subject to the opening of an account by the Customer on the Internet Site. The Customer must provide the data allowing his identification. When opening this account, he undertakes to provide only accurate information. The Seller reserves the right not to proceed with an order if the criteria referred to above are not met and if the information transmitted is not accurate.

To access this service, the Customer uses the login and password created when opening his account. He undertakes to keep them secret and not to disclose them to any third party. In the event of loss, misappropriation or fraudulent use of his or her username and/or password, the Customer undertakes to immediately notify the Seller’s customer service department.

The main characteristics of the Products and in particular the specifications, compositions, weight of the stones and indications of dimensions, as well as their price, are presented on the Website. The Customer is required to read them before placing an order. The choice and purchase of the Product is the sole responsibility of the Customer. Should the Customer have any questions about the Products offered, he may contact the Seller at the contact details indicated in the preamble hereto.

The photographs and graphics presented on the Internet Site are not contractual and shall not engage the responsibility of the Seller. The Customer must refer to the description of each Product in order to know the essential properties and particularities of each Product. The Product offers are subject to the availability of stocks, as specified when the order is placed.

These GCS apply to the exclusion of all other conditions.

These GTC are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document. They may be subject to modifications and updates. The GCS applicable to the order of a Product by the Customer shall be those in force on the day of the order.

The Customer declares that he has read and accepted these GCS by ticking the box provided for this purpose prior to the implementation of the online ordering procedure. Validation of the order by the Customer constitutes acceptance of these GCS without restriction or reservation.

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Website.

Prior to any order, the Customer must open a customer account as indicated herein.

It is up to the Customer to select on the Website the Products he wishes to order, according to the following terms and conditions:

He selects each Product he wishes to purchase and adds it to his basket. The Customer may modify his basket at any time by adding or deleting Products and changing the quantity. Once he has selected all the Products he wishes to purchase, he confirms the contents of his basket and places the order.

He is then directed to a page summarising the contractual information including details of the Products selected, their price and delivery options. He chooses the delivery option and the payment method that suits him best. He then clicks on the button entitled “validate my order” at the bottom of the page to confirm and place his order. He accepts the GTC beforehand by ticking the box provided for this purpose, which enables him to validate his order. Once the order has been validated, the Customer receives a confirmation message confirming that his order has been taken into account. The sale is final only after the confirmation of acceptance of the order by the Seller has been sent to the Customer by e-mail, and after payment of the full price as indicated in Article 4 below. The email address used by the Seller is the one provided by the Customer when creating his customer account. The Products are shipped to the Customer in accordance with the terms and conditions set forth in Article 5. The Customer receives an e-mail from the Seller informing him/her of the dispatch of the Products. On this occasion, the Seller provides the Customer with tracking information. The Customer will be able to follow the progress of his order on the Internet Site under the heading “Your account”.
The Customer agrees to obtain the invoices for his purchases electronically. The electronic invoices will be made available to him in .pdf format in his personal space located in the “My Account” section on the Internet Site.

Product offers are valid as long as they are visible on the website, within the limits of available stocks.

In the event of unavailability of a Product after validation of the order, the Customer will be quickly informed by e-mail and the missing Product(s) will be automatically cancelled and refunded.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

3.1. Prix des Produits

Les Produits sont fournis aux prix en vigueur figurant sur le Site Internet, lors de l’enregistrement de la commande par le Vendeur. Les prix sont exprimés en Euros, TTC, sur la fiche descriptive du Produit. Ils incluent les frais de traitement de la commande, les frais d’emballage, y compris les écrins dans lesquels sont livrés chaque Produit.

3.2. Livraisons en France et à l’étranger

Les frais de livraison sont calculés en suppléments du prix du produit. Ils sont calculés sur le Site Internet préalablement à la passation de la commande. Si le lieu de livraison souhaité n’est pas inclus dans les options proposées, le Client devra contacter le Vendeur via la page de contact.

3.3. Modification des prix

Le Vendeur se réserve le droit de modifier les prix à tout moment sans préavis. Les Produits d’ores et déjà commandés resteront facturés sur la base des tarifs en vigueur au moment de l’enregistrement de la commande.

3.4. Éventuelles erreurs sur le prix

Le paiement demandé au Client correspond au montant total de l’achat, y compris les éventuels frais de livraison s’appliquant le cas échéant.

Malgré tous les efforts du Vendeur, il se peut que certains Produits proposés sur le Site Internet comportent une erreur de prix. Le Vendeur n’honorera pas les commandes comportant des erreurs de prix. Le cas échéant, le Vendeur contactera le Client pour annuler la commande ou lui donner les instructions au paiement de la différence de prix.

3.5. Émission de factures

Une facture électronique est établie par le Vendeur et adressée au Client par courrier électronique lors de la confirmation de l’expédition des Produits commandés.

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms and conditions:

By Visa, MasterCard or American Express credit cards. The date of registration of the order is the date of online payment.
By Paypal. The date of registration of the order is the date of online payment.

Payments made by the Customer shall only be considered final after effective collection of the sums due to the Seller.

The Seller reserves the right, in the event of non-compliance with the terms of payment, to suspend or cancel the delivery of orders in progress made by the Customer.

The Seller shall make every effort to ensure that the Products are delivered as quickly as possible.

Orders registered on the Website on Friday from 5 p.m., Saturday or Sunday will be processed the following Monday. Orders recorded on the Internet Site on a public holiday will be processed on the following working day.

No delivery can be made to a P.O. Box address.

Deliveries will be made within a maximum of three (3) weeks from receipt of the order. However, in the event that manufacturing lead times are necessary, the Seller shall inform the Customer, prior to placing the order, of the estimated delivery time taking into account this manufacturing lead time.

Deliveries are made by La Poste or by an independent carrier, depending on the shipping address, to the address mentioned by the Customer when placing the order and which can be easily accessed.

Delivery may be delayed for reasons beyond the Seller’s control. In this case, the Seller undertakes to keep the Customer informed of the situation. The Seller declines all responsibility in the event of delivery delays, disruptions or errors attributable to suppliers/carriers.

If the package appears to be damaged, the Customer shall notify the carrier of its refusal to take it and the reason for its refusal. The Customer must also notify the Seller of his refusal without delay.

If the contents of the package do not conform to the order, the Customer must contact the Seller’s Customer Service Department within seven (7) days following receipt of the products in order to initiate the procedure for returning the Products.

The transfer of ownership of the Seller’s Products to the Customer shall take place upon confirmation of acceptance of the order by the Seller, evidencing the parties’ agreement on the goods and the price, regardless of the date of payment and delivery.

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk.

Customers wishing to exchange or be reimbursed for all or part of their Products go to the contact page and fill in the withdrawal form.

The Seller informs the Customer of the return address of the Product(s).

The Products must be returned in perfect condition in their original case and packaging, accompanied by the return form, so that they can be put back on the market in new condition. The Products must not have been worn, damaged, soiled or damaged. No mark or scratch must be visible on the returned Products. The frame and stones of the Products must not have been touched or modified in any way whatsoever. They must be returned in appropriate packaging.

Products that are damaged or soiled will not be taken back.

Once the Products have been returned to the Seller and checked by the latter, it shall reimburse the Customer by transfer to its bank account within fourteen (14) days from the date of validation of the condition of the Products.

In the event that the Customer wishes to exchange the Products (subject to availability), this will be done by the Seller under the conditions set out in these Terms and Conditions of Sale.

The return is no longer possible if it is the second consecutive return relating to the same order.

Products that have been modified at the Customer’s request (personalised engraving, re-cutting, modification of the size or colour of the stones, etc.) can no longer be refunded or exchanged.

The Products sold on the Website comply with the regulations in force in France. They automatically benefit from the guarantee of conformity referred to in articles L 217-4 et seq. of the French Consumer Code and the guarantee of hidden defects under the conditions provided for in articles 1641 et seq. of the French Civil Code.

Within the framework of the legal guarantee of conformity, the Customer :

– has a period of two years from the delivery of the goods to take action against the Seller;

– may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code ;

– is exempt from having to provide proof of the existence of the Product’s lack of conformity for a period of 24 months from 18 March 2016, following delivery of the Product.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product.

The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code. In this case, he can choose between cancellation of the sale or a reduction of the sale price (article 1644 of the Civil Code).

This action must be brought by the Customer within two years of the discovery of the defect.

10.1. Responsibility

The Seller’s liability towards the Customer may only be engaged for facts that are directly attributable to him and which cause him prejudice directly related to these facts. It cannot be held liable for indirect damage. Nor can it be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

The Products comply with French legislation in force at the time of the commercial proposal. The Seller may not be held liable in the event of non-compliance with the regulations of the country in which the Products are delivered.

The Seller undertakes to do its utmost to implement the service offered to the Customer.

Furthermore, the Seller may not be held liable for the content made available on the Web Site, particularly with regard to the description of the Products. The descriptions of the Products on sale on the Internet Site are given for information purposes only. Similarly, the photographs may differ slightly from reality and have no contractual value. The Seller shall not be held liable for them.

Finally, the Seller does not guarantee that the functions contained on the Website, nor that the content and all the elements contained therein, will be available at all times, uninterrupted or error-free, that errors or defects contained therein will be immediately corrected, or that the Website or its server will at all times be free of viruses or other components likely to cause damage.

10.2. Force majeure

The Seller cannot be held liable if the non-execution or delay in the execution of its obligations, as described herein, results from a case of force majeure, as defined in article 1218 of the Civil Code.

The Seller must inform its Customer of its inability to perform its performance due to an event constituting force majeure within five (5) working days following its occurrence. The suspension of its obligations may under no circumstances be a cause for liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.

The Seller shall make its best efforts to inform its Customer as soon as possible of the methods of processing its order during the period of the major force event.

The content of the Website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.

In addition, the Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., appearing on the Internet Site, made with a view to providing the Services to the Customer. The Customer is therefore prohibited from reproducing or exploiting these studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of the Seller, which may make it conditional on financial compensation.

Should any provision of these GTC be invalid or unenforceable, the remainder of the GTC shall remain in force, unless the invalidated obligation is an essential obligation, the deletion or annulment of which would prevent the continuation of the GTC.

The Seller reserves the right to change, modify, add or delete any part of these Terms and Conditions at any time. Any changes to the GTC will be published on the Website. The GTC applicable to an order are those in force at the date of payment of the order.

These GTC and the operations arising from them are governed and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

All litigations to which the purchase and sale operations concluded in application of these GCS may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, and which could not be resolved between the Seller and the Customer shall be submitted to the competent courts under the conditions of common law.

The Customer is informed that it may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation in application of article L 612-1 of the French Consumer Code, or with the existing sector-based mediation bodies, whose references can be found at the following address: https://www.economie.gouv.fr/mediation-conso, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.

The Customer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or a body mentioned in IV of article 43 ter of the 1978 Data Protection Act, in order to obtain, against the data controller or the sub-contractor, compensation before a civil or administrative court or before the National Commission for Data Processing and Liberties.

The fact that a natural person (or legal entity) places an order on the Internet Site implies full and complete adherence and acceptance of these GCS and the obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.