general terms of sale online
These general terms of sale (the “T&Cs”) are proposed by SAS MARBERA, SIMPLIFIED JOINT-STOCKS COMPANY; SIRET no. 90940943500015; registered address: 22 bis rue de Laugier, 75017 Paris, France (the “Company”).
The Company publishes the https://www.marbera-studio.com web site (the “Web Site”).
clients can use the Web Site to order various Products by mail-order sale whose characteristics are set out in product data sheets online (the “Products”).
- Application and enforceability OF THE T&Cs
These T&Cs lay down all of the terms and conditions under which the Company shall sell the Products that are offered for sale to clients on the Web Site. They therefore apply to any order for Products placed by a client on the Web Site.
The clients hereby declare that they have read and accepted these T&Cs prior to placing their order.
A client’s confirmation of their order shall therefore be tantamount to acceptance of these T&Cs. These T&Cs are updated regularly; The T&Cs that are applicable shall be those that are in force on the Web Site on the date on which the order is placed.
- ORDERING PRODUCTS ON THE WEB SITE
Before being able to place an order, clients shall be given the opportunity to create a personal account in order not to have to input their data anew each time they wish to place an order. It is up to clients to preserve the confidentiality and the security of their connection identifiers. clients must immediately inform the Company about any unauthorised use of their identifiers. The Company shall not be liable for any loss or damage resulting from a client’s inability to protect their identifiers.
To place an order, clients should select the Products that they wish to buy; they may access their shopping basket, containing the summary of their order, at any point in time, before confirming it. For any new order, clients should input their delivery information and their delivery mode.
After having keyed in their delivery information and chosen their preferred delivery mode, clients must then proceed to pay for the Products in their shopping basket using one of the methods of payment proposed on the Web Site. A clear and legible payment statement shall be displayed in the order confirmation screen in order to ensure that clients can clearly see the payment required for their order.
The Company shall send an order confirmation e-mail to the client, setting out the data of the summary of their order. The sending of this confirmation e-mail shall result in the formation of the contract of sale between the Company and the client.
- PRICES AND TERMS of payment of the order
The prices shall be displayed on the Web Site as part of the descriptions of the Products, in euros, excluding tax.
The sum total due shall be mentioned in the order summary, before the client is asked to accept these T&Cs, confirm their order, input and confirm their delivery address and their billing address if different, and proceed to making payment.
Orders placed by clients for Products on the Web Site shall be payable in euros. The entire payment must be made on the date of the order by bank card unless the Company expressly accepts special terms of payment.
The Web Site uses a security system provided by a service provider specialising in secure online payments. This system guarantees the total confidentiality of the client’s banking information. The payment transaction between the client and the secure payment system, using Carte Bleue, is entirely encrypted and protected.
The client hereby guarantees to the Company that they have the requisite authorisation to use the chosen payment method to place their order.
The Company shall be entitled to suspend or to cancel the fulfilment and/or delivery of an order, whatever its nature and its stage of fulfilment, in case of a failure to pay or in case of partial non-payment of any sum of money that the client owes to the Company, in case of a payment default, or in case of fraud or attempted fraud in the use of the Web Site and the payment of an order.
- Availability of the Products
The availability of the Products is displayed at the time of placing an order.
Each Product is however manufactured by the Company’s suppliers on request, so errors or changes may exceptionally arise, such as in case of stock outages of raw materials at a supplier of the Company or due to a large number of orders being placed for the same Product.
Should a Product be unavailable after the placing of an order, the Company shall inform the client as soon as possible and shall offer to either replace the Product ordered by a different Product or to cancel the order and issue a refund.
- Delivery of the Products
The countries to which Products can be delivered shall be listed on the Web Site upon the order being placed. Outside these delivery destinations, the Company shall be entitled to reject an order or to only accept it after estimating the carriage costs that will be incurred by this delivery.
The delivery costs and restrictions shall be stated during the ordering process. Deliveries shall be made by the carrier depositing the Products on a transport pallet in front of the block of flats or the house indicated by the client upon placing their order. All deliveries to the interior of the building or domicile of the client shall be subject to personalised quotes which must be accepted by the client in order to confirm their order.
In case of late delivery due to unforeseeable circumstances, the client should contact the Company to find out the additional timescale needed for delivery. Should delivery not have taken place upon expiry of the additional timescale disclosed to the client, the client may cancel their order by contacting the Company in writing. The client shall then be refunded within fourteen days following the Company’s receipt of the request for cancellation.
clients must however ensure that the delivery information they provide to the Company is and remains correct until the Products ordered have been received in full. The clients therefore undertake to inform the Company about any change in their delivery address and contact details that occurs between the placing of the order and the delivery by immediately sending an e-mail to the e-mail address of the Company’s customer service unit. Failing this, the Company shall not be liable for delivery delays or errors.
Should it not be possible to deliver the Products due to the client’s failure to comply with the delivery restrictions mentioned above when placing their order, the client may pick up their order in person from the warehouse of the closest carrier or may have to pay additional delivery costs.
The Company hereby disclaims liability should the failure to receive the Products or their late delivery be due to circumstances of force majeure as defined by the applicable law and court precedents.
- Acceptance of the Products
clients should check the content of the delivery upon receipt of their order. It is up to the client to check, prior to signing the delivery note, that the Products are all delivered and are in good condition and that they have not suffered any damage during transportation. The checking of the state of the Products shall be deemed to have been performed and approved by the client once the delivery note shall have been signed.
In case of a non-compliant delivery, clients should contact the Company as soon as possible, and in any event no later than 3 days following the delivery, to agree on a refund or a replacement.
Should the wrong Product or a damaged or defective Product be delivered, the client must raise clear and precise reservations on the delivery note. In case of delivery of a Product that is damaged during transportation and not flagged up on the delivery note, the Company shall be entitled to refuse any claim or request for reimbursement within the limits permitted by the applicable law.
- the client’s obligations
The client undertakes to comply with the terms of these T&Cs.
The client undertakes to use the Web Site in a way that complies with the instructions of the Company.
clients hereby acknowledge and agree that they must only use the Web Site for personal purposes, in keeping with these T&Cs. In this respect, the clients undertake to refrain from:
- using the Web Site in an illegal way, for any illegal purpose or in any way that is incompatible with these T&Cs;
- selling, copying, reproducing, renting, lending, distributing, transferring or granting a sublicense over all or part of the content of the Web Site or from decompiling, extracting, disassembling, modifying, displaying in a legible form, attempting to uncover any source code or using any software application that activates or incorporates all or part of the Web Site;
- attempting to obtain unauthorised access to the computer systems of the Web Site or engaging in any activity that disrupts, reduces the quality, interferes with the performances or damages the functionalities of the Web Site;
- using the Web Site for wrongful purposes by deliberately introducing viruses or other malicious programs into it and trying to access the Web Site in an unauthorised manner;
- infringing the intellectual property rights of the Company and/or reselling or trying to resell the Products to third parties;
- denigrating the Web Site and/or the Products and the Company on the social networks and any other means of communication.
- WITHDRAWAL RIGHT
clients shall have 14 calendar days following receipt of the last Product they shall have ordered on the Web Site to exercise their right to withdraw from the order, without having to provide a valid reason nor pay any penalty.
In order to exercise their right to withdraw, clients must notify their decision to withdraw from the sale by way of an unambiguous declaration, without the need to provide any justification. clients may disclose their decision to withdraw from the sale to the Company by any means, such as by notifying it by post to the Company at the following address: Marbera-Studio 22 bis rue de Laugier, 75017 Paris, France. clients may also use the withdrawal form shown at the end of these T&Cs to exercise their right to withdraw.
clients must return the Product(s) at their sole expense and in the same state as that in which they received them, with all the elements of packaging, as soon as possible and in any event within 14 days at most following the notification of their decision to withdraw, to the address that the Company shall disclose to the client upon receipt of the withdrawal request.
Should a client withdraw from the sale, the Company shall refund them for those Products over which the client shall have exercised their right to withdraw using the same method of payment as that which was used for the initial transaction, unless the client expressly requests a different method of payment. The client shall not incur any costs in connection with this refund. The refund shall be sent as soon as possible, and in any event within 14 days following receipt of the Products by the supplier or as of receipt of the evidence of the sending of the Products by the client to the Company.
Clients are hereby informed that their payment may only be partly refunded, or not refunded at all, in case of damage to the Product(s) that are sent back pursuant to the client’s exercising of their right to withdraw as a result of handling by the client over and above what is necessary to determine the nature, the characteristics and the proper operation of the Products.
Clients are also hereby informed that the right to withdraw shall not apply to any bespoke Products that are produced on the basis of the client’s specifications.
The Company implements all the measures needed to ensure that the client receives quality Products under optimal conditions. It hereby disclaims liability for any damage that might be due either to the fault of the client, or to force majeure, or to unforeseeable acts committed by parties that are external to the contract and that are impossible to overcome.
Although the Company does not provide any commercial warranty over its Products, the client is advised to read and comply with the usage and maintenance instructions of the Products that are available on the Company’s Web Site, or elsewhere. The Company hereby disclaims liability and shall not be bound by any obligation under any applicable statutory warranty if the defect or damage affecting the client’s Product is linked to faulty maintenance of the Product by the client.
The Web Site may contain links to other Web Sites that are not published or controlled by the Company, which hereby disclaims liability for the operation, the content or any element present on or obtained through these Web Sites.
Prior to any use of the Web Site, clients must ensure that they have appropriate computer and telecommunications resources to enable them to use the Web Site and order the Products of the Web Site, and that their browser enables them to gain secure access to the Web Site. clients must also ensure that the configuration of their computer hardware is up-to-date and does not contain any viruses.
- PERSONAL DATA
The use of the Web Site and the ordering of Products shall give rise to the gathering and the processing of the personal data of the users of the Web Site and the clients by the Company.
- intellectual property
All the elements of this Web Site and the Web Site itself are protected by copyright, trademark law, the rules of law applicable to drawings and models and/or all other applicable intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the world as a whole.
The name and the trademark of the Company, the logos, drawings and models, stylised letters, figurative trademarks, and all the signs represented on this Web Site are and shall remain the exclusive property of the Company.
No title nor any right over any element or software shall be obtained by downloading or copying elements of this Web Site. It is strictly prohibited for clients to reproduce (save for their strictly personal and non-commercial use), publish, disseminate, transmit, distribute, show, remove, delete, add to this Web Site and to the software elements and applications that it contains, modify them or perform any work using them as a basis, or sell or take part in the sale of any elements of this Web Site or any software application linked to same.
The client shall be barred from using the company names, trademarks and distinctive signs belonging to the Company, save with the prior, express agreement of the Company.
- applicable law and settlement of disputes
These T&Cs shall be governed and interpreted in accordance with French law. Clients are however hereby informed that this shall not prevent them from benefiting from the protection provided to them by the imperative statutory provisions of their country of residence.
Should a dispute arise over the interpretation and/or the performance of these T&Cs or in connection with these T&Cs themselves, the client may opt to submit this dispute jointly with the Company to contractual mediation or to any other alternative mode of settlement of disputes.
Clients may for instance visit the European online consumer dispute resolution platform implemented by the European Commission at the following address which lists all of the dispute settlement bodies that are approved in France: https://webgate.ec.europa.eu/odr/.
For the attention of Marbera-Studio, 22 bis rue de Laugier, 75017 Paris, France
I hereby notify you of my decision to withdraw from the contract relating to the sale of the Product or the
Invoice number: [_________________________________]
Ordered on [____________]*/received on [________________]*
Method of payment used: __________________________
client’s name and name of the beneficiary of the order, where applicable:
Delivery address: _________________________________________________________________________________
Signature of the client (save in case of transmission by e-mail)
Marbera-Studio (“Marbera-Studio”, “our”, “we” and “us”) and our partners are committed to respecting your privacy.
All the personal data gathered on this Web Site is processed under the responsibility of Mrs. Laura Torregrossa, trading in a self-employed capacity; SIRET no: 89778875800018; registered address: 22 bis rue de Laugier, 75017 Paris, France, acting in the capacity of data controller.
- How Marbera-Studio uses your personal data
- How Marbera-Studio shares your personal data
- How Marbera-Studio protects your personal data
- Where Marbera-Studio hosts your personal data
- How you can exercise your rights over your personal data
- What cookies are used by Marbera-Studio
- The rules applicable to updates of this policy
- How to contact us
- How Marbera-Studio uses your personal data
Marbera-Studio may use your personal data for the following purposes:
- To create your client account on the Web Site
- To manage your orders for products on the Web Site
- To send you e-mails containing information about products similar to those you already bought
- To send you our newsletter
- To reply to your contact requests made using the contact form of the Web Site
Most of the processing activities listed above are necessary for the performance of the contract that you execute with Marbera-Studio when you use our Web Site to order the products that are offered for sale there.
The processing of your personal data in order to send you information e-mails is based on our legitimate interest in building customer loyalty among our existing and prospective clients. You can put an end to these e-mails and other unsolicited correspondence at any point in time via the functionality provided to that end or immediately on request by sending us an e-mail.
The processing of your e-mail address in order to send you our newsletter is moreover based on your consent to register for our newsletter. You can unsubscribe from our newsletter at any point in time via the functionality provided to that end or immediately on request by sending us an e-mail.
- How Marbera-Studio shares your personal data
Within Marbera-Studio, and in light of each purpose for which we process your personal data, your personal data is gathered, processed and stored by the authorised personnel of Marbera-Studio solely within the scope of their respective prerogatives, and in particular by the Customer Service unit, the Marketing Department and the IT department.
We do not share your personal data with other enterprises, organisations and persons, except in the following circumstances:
(1) Sharing with our service providers: Marbera-Studio may disclose your personal data to enterprises that provide services to us or in our name. These service providers comprise contractors that offer services needed for the operation of the WebSite such as our hosting company and our webmaster.
(2) To comply with the applicable laws and regulations: Marbera-Studio may share your data where this is required by the applicable laws and regulations, or in order to resolve legal disputes, or where this is required by the courts or the authorities by law.
III. How Marbera-Studio protects your personal data
Marbera-Studio is highly committed to securing your personal data and has adopted industry common practices to protect your personal data and avoid any unauthorised access, disclosure, use, alteration, modification or loss of that data.
We moreover take all useful precautions to ensure that our hosting company preserves the confidentiality of this data, to prevent it from being altered, compromised or disclosed to unauthorised persons.
Marbera-Studio has also adopted the following organisational measures:
(1) We take reasonable and achievable measures to ensure that we only gather the minimum amount of personal data that is necessary and relevant given the purposes for which it is processed.
(2) We only keep your personal data for such time as is strictly necessary in light of the purposes for which it is processed, unless the retention of your data is required or permitted by law. For instance, we retain the data linked to the performance of your orders for the duration of retention of accounting information required by law, namely up to 10 years following the trading year in which the transactions occurred.
(3) We deploy access control mechanisms to ensure that only authorised personnel may access your personal data.
In the event of a data protection breach, Marbera-Studio shall comply with the statutes and regulations that are applicable to the notification of the data protection breach to the competent authorities and/or to the data subjects involved.
- Where Marbera-Studio hosts your personal data
Your personal data shall be hosted on the infrastructure of our hosting company IONOS, located in France.
We do not transfer personal data to third parties located in countries outside the European Union which do not provide an adequate level of protection in light of the legal requirements in terms of data protection.
- How you can exercise your rights over your personal data
You have a right to access, to rectify, to erase, to limit the processing, to oppose the processing of your personal data, the right to issue directives regarding the fate of your personal data after your death and a right to request the portability of your personal data.
You may contact us at any point in time at the addresses mentioned in the section entitled “How to contact us” below to exercise your rights over your personal data under the terms laid down by the applicable regulations. You must state what right you intend to exercise as well as all of the details needed to enable us to respond to your request.
These rights must be exercised in keeping with the terms laid down by the applicable regulations.
- The right of access means that you can ask us at any point in time to tell you whether we process your personal data and to let you know what personal data we hold about you, if any, and the characteristics of the processing performed.
- The right to rectify your data means that you can ask us to correct your personal data when it is inaccurate. If your personal data is incomplete, you can also request that we complete it inasmuch as this is relevant in light of the purpose for which the data is processed.
- The right to be forgotten means that you may ask us to erase your personal data, particularly when: (i) its retention is no longer necessary for the purposes for which it was gathered, (ii) your personal data is being processed based on your consent, you wish to withdraw this consent, and there is no other legal basis that might justify this processing, (iii) you have opposed the processing of your personal data and you now therefore want it to be erased, (iv) your personal data was processed illicitly, (v) your personal data must be erased to comply with a legal obligation under either European Union law or French law.
- The right to limit the processing of your personal data means that you can ask us to limit processing of your personal data (i) should you contest the accuracy of your personal data, over a period of time designed to enable us to check your data’s accuracy, (ii) if, pursuant to any processing of your data that is found to be non-compliant, you prefer to limit our processing of your data to a complete erasure of your personal data, (iii) where we no longer need your personal data for the purposes of the processing but our continued possession thereof is still necessary for you to acknowledge, exercise or defend your rights in court, (iv) should you have opposed the processing of your personal data and you wish to limit the processing over a period of time to enable us to check whether the legitimate cause that you invoke is justified. The limitation of the processing of your data means that the processing of your personal data shall be limited to storage of your personal data alone. We shall then no longer perform any other operation on the personal data involved.
- The right of opposition means that you may oppose the processing of your personal data, where this processing is based on the legitimate interests of Marbera-Studio. The right of opposition may only be exercised on legitimate grounds linked to your personal circumstances. We shall then stop the processing involved unless there are legitimate and overriding grounds justifying its continuation in keeping with the applicable regulations.
- The right to issue directives concerning the fate of your data after your death means that you may issue instructions regarding the preservation, erasure and disclosure of your personal data after your death.
- The right to portability means that you may ask us, under the terms laid down by the applicable regulations, to provide you with the personal data we hold on you in a common, structured and machine-readable format, and to send it to you or directly to a third party designated by you where this is legally and technically feasible.
Finally, if we process your personal data based on your consent, you have the right to withdraw your consent at any point in time by writing to the addresses mentioned in the section entitled “How to contact us” or by clicking on the unsubscribe link present in each of our marketing communications, where applicable.
However, the withdrawal of your consent shall not affect the validity of the data processing performed prior to this withdrawal.
VII. How to contact us
Should you have any questions, comments or suggestions, please contact us by sending a letter by post with suitable evidence of your identity to Marbera-Studio – 22 bis rue de Laugier, 75017 Paris, France, or via e-mail to email@example.com
Should you not be satisfied with Marbera-Studio’s response to a request for the exercising of your rights in accordance with article V above or should you wish to report an infringement of the applicable data protection regulations, you have the right to file a complaint with France’s CNIL [data protection watchdog] by post (CNIL, 3 Place de Fontenoy, TSA 80715, 75334 Paris CEDEX 07, France) or on its web site (www.cnil.fr), or with the data protection authority of the country in which you usually reside or work.
IDENTIFICATION OF THE PUBLISHER
The https://www.marbera-studio.com web site (the “Web Site”) is published by:
SAS MARBERA, trading Joint Stock Compagny SIRET no.: 90940943500015; registered address: 22 bis rue de Laugier, 75017 Paris, France.
Publication manager: Cyril Zbirou
Telephone: +33 658024880
The Web Site is hosted by 1&1 Internet SARL; share capital: € 100,000; registered in Sarreguemines, France under no. 431 303 775; registered address: 7, place de la Gare, BP 70109 57201 Sarreguemines Cedex, France.
Telephone: +33 6 58 02 48 80
INTELLECTUAL PROPERTY STATEMENT
All the trademarks, photographs, texts, comments, illustrations, animated or still images, video sequences, sounds, and all the software applications that might be used to operate the Web Site, and in general all the elements reproduced or used on the Web Site are protected by the prevailing intellectual property laws.
They fully belong to the Publisher or her partners, unless it is provided otherwise. Any reproduction, showing, use or adaptation, whatever the form thereof, of all or part of these elements, including the software applications, without the prior written consent of the Publisher, shall be strictly prohibited.
None of this content may be copied without the prior authorisation of the Publisher or the holder of the rights to the content involved.