Terms of sale

1. Preamble  

These general terms and conditions of sale (hereinafter "GTC") and the relevant "Legal notices" are applicable to the marylisemirabelli.com website (hereinafter the "Site") which offers for sale beauty, perfumery and cosmetics (the "Products") to consumers browsing the Site (hereinafter the "Customer"), as well as to the products available on the Instagram shopping window of MARYLISE MIRABELLI (hereinafter "Instagram Shopping").   

  

The Site specializing in the business of distance selling of Products is published by Marylise Mirabelli (hereinafter referred to as "MARYLISE MIRABELLI"), a limited liability company registered with the Marseille Trade and Companies Register under number 904 411 592. 

  

These general conditions of sale (hereinafter referred to as "the GCS") apply to any Order placed on the Site relating to the purchase of Products presented on the Site by MARYLISE MIRABELLI. 

   

MARYLISE MIRABELLI reserves the right to adapt or modify these T&Cs at any time. It is agreed that in the event of modification, the version of the GCS applicable to any Order is that appearing online on the Site on the Day of placing the Order.  

  

Any Order for a Product appearing in the Site's online store requires prior consultation of these general conditions and their unreserved and irrevocable acceptance. Consequently, the Customer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten signature of this document, insofar as the Customer wishes to order online the Products presented within the framework of the Site store. 

2. Définitions  

" Delivery address "  Geographical location indicated by the Customer where the products will be delivered. 

" Customer "  Means the co-contractor of MARYLISE MIRABELLI who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that the Customer acts in a non-professional or commercial capacity. 

" Ordered "  Customer purchase order for one or more Products accepted by MARYLISE MIRABELLI in application of these General Terms and Conditions of Sale.

" Terms of Sales " Refers to these general conditions of sale as well as all its annexes.

“Instagram Shopping” Refers to the shop window available on the Instagram account of MARYLISE MIRABELLI referring to the MARYLISE MIRABELLI website.

" Day " Refers to calendar days.

" Delivery " Refers to the provision of the Products to the Customer at the place and on the date agreed upon when placing the Order.

" Product " Refers to the products offered for sale on the MARYLISE MIRABELLI Site described and presented with the greatest possible precision.

" Intellectual property " Refers to (a) all kinds of inventions, whether patentable or not, and whether or not they have an identified industrial application, and all improvements relating thereto, as well as all patents and all other applications, whether initial or divisional, (b) all trademarks and other distinctive signs, whether filed or not, registered or not, and the logos and slogans relating thereto, including company names, (c) all texts and other copyrightable works or works, (d) any semiconductor topographies, (e) any trade secrets, business methods, laboratory processes and other know-how that it whether in nature or subject, (f) all plant variety certificates, (g) all designs and models or other industrial designs, whether registered or not, (h) all rights relating to software, whether registered or not, whether these are industrial property rights, rights derived from the d copyright or ownership of know-how, (i) all rights to databases, (j) all rights to domain names regardless of the suffix, as well as to websites, whether it concerns their structure, their appearance or their content, (k) more generally all rights on intangible assets likely to correspond to the protection of an idea, and (l) all reproductions, whatever either in the form, corporeal or incorporeal, of the objects of intellectual rights listed above.

" Site " Refers to the merchant site MARYLISEMIRABELLI.com.

 

3. Products 

3.1. Website 

In accordance with Article L. 111-1 of the Consumer Code, MARYLISE MIRABELLI presents on the Site the Products for sale and their characteristics. The Customer has the possibility of knowing, before taking the final Order, the essential characteristics of the Products he wishes to buy. The Products offered for sale on the Site are described and presented with the greatest possible precision. 

The offers in stock presented by MARYLISE MIRABELLI are only valid within the limits of available stocks. In case of unavailability of a product ordered, the Customer will be informed by e-mail. The cancellation of the order for this product and its refund will then be made, the rest of the order (if other available products have been ordered at the same time) remaining firm and definitive. 

  

The photos representing the Products have only an indicative value. These photos, like the texts illustrating the Products, do not enter into the contractual field. 

3.2. Instagram Shopping 

When displaying products on the Instagram Shopping page of the MARYLISE MIRABELLI account, the purchase link refers to the Site. 

  

The products present on the Instagram Shopping window of the MARYLISE MIRABELLI store comply with the same provisions as the products present on the Site as listed further on. 

  

In the event of a malfunction of the Instagram platform of any kind whatsoever, relating to MARYLISE MIRABELLI products, MARYLISE MIRABELLI cannot be held responsible for any damage whatsoever. 

4. Price 

The selling prices are indicated, for each of the products appearing in the electronic catalog, in euros (€) and do not include the delivery and transport costs mentioned before validation of the order and invoiced in addition. Shipping costs and applicable VAT are calculated during payment by the Customer. 

  

The prices of the Products sold are those in force on the Day the Order is taken by the Customer. 

  

They do not include transport, any customs fees and insurance which remain the responsibility of the Customer. 

  

The prices mentioned on the Site or on Instagram Shopping are indicative prices. 

MARYLISE MIRABELLI grants herself the right to modify her prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the Order is registered. 

5. Payments 

The price is payable in cash, in full on the Day the Order is placed by the Customer, by secure payment, according to the terms provided on the “Shopify” hosting site hosting the MARYLISE MIRABELLI merchant site. 

  

The amount due is the amount indicated on the Order confirmation page displayed to the Customer at the time of payment. 

A payment authorization must be confirmed, unless the server is unavailable, immediately by Internet - by credit card (credit card, Visa, MasterCard or American Express) - by PayPal account (the Customer will be automatically redirected to his PayPal account). 

For the comfort and security of its Customers, MARYLISE MIRABELLI also offers payment via Shop Pay. Shop Pay is an expedited checkout system that allows Customers to save their email address, credit card number, and shipping and billing information. This can save them time when checking out, especially if they've already enabled Shop Pay in a Shopify store. 

  

The debit of the Customer will take place at the end of the preparation of his Order prior to its dispatch. 

To this end, the Customer confirms and guarantees to MARYLISE MIRABELLI during an Order via the Internet, that he is the holder of the bank card and that the name appearing on this bank card to be debited is indeed his then communicates in an environment secure via the Internet, the number and expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or front) of his bank card. MARYLISE MIRABELLI cannot be held responsible for the inaccuracy of the information communicated by the Customer. 

  

In the event that, for any reason whatsoever (objection, refusal of the issuing center, etc.), the debit of the sums owed by the Customer proves impossible, the sale made over the Internet via the Site or via Instagram Shopping will be immediately resolved and the Internet purchase process cancelled. The responsibility of MARYLISE MIRABELLI can then in no case be engaged in this respect. 

  

MARYLISE MIRABELLI will then send the customer their invoice from the dispatch of their Order. 

The transfer of ownership of the Products of MARYLISE MIRABELLI, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, and this regardless of the date of Delivery of the said Products. 

6. Product Orders 

To place an Order on the Site or on Instagram Shopping, the Customer must be of legal age, have legal capacity and hold a bank card (Visa - MasterCard - Carte Bleue - American Express), a Shop Pay account or a PayPal account, excluding any other means of payment. 

  

The sale of Products on the Site or on Instagram Shopping is exclusively reserved for sale to individuals acting for their personal needs. Under no circumstances may the Site or Instagram Shopping be used by Professional Seller Clients, alone or in groups. 

  

MARYLISE MIRABELLI will be entitled to refuse any Order placed by a Customer with whom there is a dispute relating to the payment of a previous Order. If MARYLISE MIRABELLI finds that the Order does not meet these general conditions of sale, she will inform the Customer within a maximum period of six (6) Days by e-mail. If the Customer fails to proceed with MARYLISE MIRABELLI to correct erroneous or contrary elements to these general conditions of sale, MARYLISE MIRABELLI reserves the right to purely and simply cancel the Order. 

  

The Customer is invited to select the chosen Products and to put them in the shopping cart by clicking on the "Add to cart" button. 

  

The Customer is invited to consult the summary of his order at any time by clicking on the "View my Basket" button or on the icon representing a basket available at the top right of all the pages of the Site. At this stage, the Customer can check the details of his order, identify any errors made in data entry and correct them or delete one or more Product(s). 

  

After validation of the basket by clicking on the "Proceed to payment" button, the Customer is required to choose between three (3) options: 

- identify himself with his username and password to order using his Customer account, 

- order without creating a customer account, 

- order by creating a customer account. 

  

All the steps necessary for the sale will be specified on the Site or on Instagram Shopping, the Customer will have the possibility, before definitively validating his Order, to check the details of his Order and its total price and to correct any errors, before to confirm it to express its acceptance. This validation implies acceptance of all of these General Terms and Conditions of Sale and constitute proof of the sales contract. It is therefore the Customer's responsibility to verify the accuracy of the Order and to immediately report any errors. 

  

From the moment the Customer has validated his Order by clicking on "make payment", MARYLISE MIRABELLI will acknowledge receipt thereof without delay and electronically. 

  

The sale will only be considered final after MARYLISE MIRABELLI has sent the Customer confirmation of acceptance of the Order by e-mail and after receipt by the latter of the full price. 

  

Orders will be accepted within the limits of available stocks. To this end, the Customer is informed at the time of taking the Order on the information page of the Site or on Instagram Shopping describing each of the Products of the availability of the said Product. 

  

If it turns out, despite the vigilance of MARYLISE MIRABELLI, that the Products ordered are no longer available, MARYLISE MIRABELLI will inform the Customer by e-mail as soon as possible. No debit corresponding to the unavailable Product(s) will be made to the Customer's bank account in the event of the unavailability of one or more Products. 

  

The Customer will be asked to provide information allowing him to be identified by completing the form available on the Site. The sign (*) indicates the mandatory fields that must be completed for the Customer's order to be processed by MARYLISE MIRABELLI. The Customer can check the status of his order on the Site. Tracking of Deliveries may, where appropriate, be carried out using the online tracking tools of certain carriers. 

  

The information that the Customer provides to MARYLISE MIRABELLI when placing an order must be complete, accurate and up-to-date. MARYLISE MIRABELLI reserves the right to ask the Client to confirm, by any appropriate means, his identity, his eligibility and the information communicated. 

  

The creation of a customer account entails the choice by the Customer of a confidential password, allowing him to access his customer account and to place orders on the Site. 

This password is personal, confidential and can be changed online from your customer account. Any access to the Customer's customer account, by means of his password, is deemed to have been made by the Customer. MARYLISE MIRABELLI can not, in any event, be held responsible for fraudulent or abnormal use of the password and/or the Customer's customer account, MARYLISE MIRABELLI reserving the right to temporarily suspend access to the customer account in in the event that such uses are observed. 

  

The consumer is informed and accepts that entering these two identifiers (e-mail address and password) proves his identity and expresses his consent. 

  

MARYLISE MIRABELLI reserves the right to refuse to honor the order in cases where it is abnormal, abusive or contrary to the provisions of the GCS. Similarly, MARYLISE MIRABELLI would not be held responsible if the smooth administrative and/or technical progress of an order on the Site is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the control of MARYLISE MIRABELLI or if there appears to be a strong presumption of fraud, or that fraud has occurred in any form whatsoever, in particular by computer, MARYLISE MIRABELLI reserves the right in this case to interrupt or cancel the order in progress. In these cases, the Customer will be informed by e-mail of the cancellation of his order and will be reimbursed for the sums he will have, if any, paid prior to the cancellation of his order by MARYLISE MIRABELLI. 
 

7. Delivery 

7.1. Delivery method 

When the Customer is eligible for Delivery, the products ordered are delivered to the Delivery Address. Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer or of any other natural person of his choice, excluding post office boxes, if this is clearly specified when of the order. 

  

The information concerning the terms of Delivery is accessible from the validation page of the basket, as well as on the summary page of the Order, before the payment of the latter. 

  

No Delivery will be made by MARYLISE MIRABELLI if collection of the price proves impossible. 

When registering the Customer's personal details, the latter must ensure the accuracy and completeness of the mandatory data that he provides. In the event of an error in the wording of the recipient's contact details, MARYLISE MIRABELLI cannot be held responsible for the impossibility of delivering the Product. 

  

Failing this, the Customer will bear the consequences (delay in Delivery, impossibility of Delivery, return of the Products to MARYLISE MIRABELLI, additional transport costs, etc.) resulting, where applicable, from the erroneous and/or incomplete nature of the information provided by him. with a view to Delivery and/or an absence of the Customer at the time of Delivery. 

7.2. Delivery delay 

MARYLISE MIRABELLI will do its utmost to ship the Products to the Customer as soon as possible once the Order has been placed, in accordance with the delivery method chosen by the Customer when placing the order. Notwithstanding the foregoing, in all cases, delivery will be made within a maximum period of thirty (30) working days from receipt of the order confirmation email, subject to the availability of the Products, as indicated to the Customer at the time of the Order. 

  

MARYLISE MIRABELLI however informs the Customer, who expressly accepts it when placing an Order, that certain exceptional closures of the Delivery service, in addition to closures for public holidays, remain possible and may impact its ability to meet the Delivery times indicated herein. Terms of Sales. Exceptional closing dates are not known in advance. 

To this, MARYLISE MIRABELLI cannot be held responsible for the consequences due to a delay in delivery not being its fault or being due to an act of force majeure. 

 

7.3. Receipt of the product 

Delivery is deemed to have been made as soon as the Product is handed over to the Customer by the carrier, materialized by the control system used by the latter. Thus, the risks on the products are transferred to the Customer when the Customer, or any third party designated by the latter) takes physical possession of the Products concerned. 

On Delivery of the Order, the Customer is required to check the condition of the packaging, the goods and the conformity of the latter, in the presence of the carrier. In the event of an irregularity, the Customer must make all necessary reservations concerning apparent defects (missing products, damaged package, etc.). 

If necessary, the Customer (or any designated third party) is also invited, in addition, to refuse receipt of the package or the Products concerned. To this, the Customer must report the damage to the carrier on the Delivery slip, as well as to MARYLISE MIRABELLI, within three (3) Days by sending an email directly to the following email address: contact@marylisemirabelli.com 

In the event of missing Products, refusal or return of a Product by the Customer in the circumstances referred to above, MARYLISE MIRABELLI will either refund the Product(s) concerned within 14 Days , or the return of the damaged/missing Product(s). 

It is specified that the above provisions do not deprive the Customer of the benefit of the right of withdrawal as provided for in Article 8 below or of the benefit of the guarantees available to him as provided for in Article 9. 
 

8. Right of withdrawal and return policy 

8.1 Right of withdrawal


MARYLISE MIRABELLI intends that Customers who are not satisfied with the Products ordered can exercise the right of withdrawal provided for in Article L221-18 of the Consumer Code under the best conditions. 

Thus, the Customer may exercise his right of withdrawal, without having to justify his decision, up to fourteen (14) Calendar Days from receipt of the Products by the Customer or a third party, other than the carrier designated by the customer. 

The Customer exercises his right of withdrawal by informing MARYLISE MIRABELLI of his decision to withdraw by sending, before the expiry of the period of fourteen (14) Days, referred to in the preceding paragraph, the withdrawal form provided by MARYLISE MIRABELLI in Appendix 1 or any other unambiguous statement expressing its desire to withdraw to the following address: contact@marylisemirabelli.com 

SARL MARYLISE MIRABELLI 
MURAT HAUT 87130 SUSSAC 

 

8.2. Method of return in the event of exercise of the right of withdrawal 

Each Product must be returned new, unopened with all its labels and in its original packaging. 

MARYLISE MIRABELLI will not make a refund if the Products returned by the Customer do not correspond to the Product(s) ordered or if they do not come from the MARYLISE MIRABELLI Online Boutique. 

For health and hygiene issues, certain Cosmetic Products cannot be returned to MARYLISE MIRABELLI. Sealed Cosmetic Products are not subject to the right of withdrawal if they have been unsealed by the Customer. 

  

The returned Product must be effectively accompanied by the return form, duly completed and signed. 

If the package is lost or damaged when returning the product, the cost of the damage is the responsibility of the Customer. 

   

The Product which would not be returned within the deadlines and conditions referred to above will not be refunded or exchanged by MARYLISE MIRABELLI. 

  

In any case, no exchange of Products ordered on the Site can be made by MARYLISE MIRABELLI. Gift cards are neither exchanged nor reimbursed, as for Discovery Kits, except in the case of defective products. 

  

Reimbursement of all sums paid for the returned Product(s), including Delivery costs to the Customer, will be made according to the method of payment for the Products used during the validation of the Order within fourteen (14) Days following the date of receipt of the Buyer's withdrawal request or, if this date is later, (i) the Day of receipt by MARYLISE MIRABELLI of the Products returned by the Customer or (ii) the date on which the Customer provides proof of the shipment of these goods (the date chosen being that of the first of these two events). In the event that the Customer returns only some of the Products ordered and not all of them, the Delivery costs will not be refunded. 

  

MARYLISE MIRABELLI undertakes to reimburse the sums collected under the Order within fourteen (14) Days. This period runs from the first of the following two dates: (i) receipt by MARYLISE MIRABELLI of the returned Product or (ii) receipt by MARYLISE MIRABELLI of proof of shipment of the Product by the Customer. 

It will be up to the Customer to keep any proof of return, which assumes that the Products are returned by registered mail or by any other means giving a certain date to this shipment. The return costs remain in all cases the responsibility of the Customer. 

9. Legal Guarantee 

9.1 Compliance and hidden defects 

The Products supplied by MARYLISE MIRABELLI benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions: 

1) The legal guarantee of conformity, for Products that appear to be defective, damaged or damaged or that do not correspond to the Order when the Products are delivered. 

2) Of the legal guarantee against latent defects arising from the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would not have given it than a lesser price, if he had known them. 

Under the conditions and according to the methods, it is recalled that within the framework of the legal guarantee of conformity, the Customer  

- has a period of two (2) years from the delivery of the goods to act against MARYLISE MIRABELLI. 

- can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code 

- is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods. 

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

The Customer may also decide to implement the guarantee against hidden defects of the Products in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.


The Customer is required to check that the Products received correspond to the order and, in the event of a lack of conformity or a hidden defect within the meaning of the corresponding legal guarantees, he must contact MARYLISE MIRABELLI by email at the following address : contact@marylisemirabelli.com who will provide him with the necessary information relating to the return of the Products and their replacement or refund. 

MARYLISE MIRABELLI will exchange or repair the returned Product after receipt and examination of the Product concerned. 

  

The Customer is invited to read Appendix 1 for more information on the "provisions relating to guarantees against legal defects". 

9.2. Exclusion of warranty 

It is specified for all practical purposes that the legal warranties do not cover damage or defects resulting from an external cause (accident, shock, etc.) or from a fault on the part of the Customer resulting from improper use or use. and/or unsuitable for the characteristics of the Product. 

In the same way, this article does not apply if the Products were not purchased on the website, insofar as the legal guarantees are due by the seller from whom the Products were purchased. 

10. Limitation of liability 

MARYLISE MIRABELLI cannot be held responsible for the violation of one of its obligations if the poor performance of the contract results from a case of force majeure, from the fact or omission of the Customer, from the unforeseeable and insurmountable fact of a third party to the contract as this concept is defined by article 1218 of the Civil Code and by case law, or an obstacle beyond the control of MARYLISE MIRABELLI, which MARYLISE MIRABELLI could not reasonably foresee at the time of signing the contract with the Customer, and the consequences of which cannot reasonably be avoided or overcome by MARYLISE MIRABELLI. 

  

In particular, the Company cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service or failure of the Customer's connection to the Site. 

 
11. Applicable Law 

These General Conditions of Sale and all resulting sales contracts concluded between MARYLISE MIRABELLI and the Customer are subject to French law. The Customer residing outside of French territory is informed that he may, if necessary, avail himself of the mandatory legal provisions of the country in which he has his habitual residence. 

  

By express agreement between the parties, this agreement is written in French. In the event that it is translated into one or more foreign languages, only the French version shall prevail. 

  

Any difference, whatever it may be, between the parties, within the framework or because of these general conditions of sale (or any of the contracts taken in application hereof), relating in particular to its formation, its interpretation, its execution and/or its termination, and which could not be resolved between MARYLISE MIRABELLI and the Customer will be submitted to the competent courts under the conditions of common law. 

12. Mediation

The Customer is informed that he may in any case resort to conventional mediation or any other alternative method of dispute resolution, as soon as a dispute could not be settled within the framework of a prior complaint. introduced directly to MARYLISE MIRABELLI. To this end, the Customer may in particular contact the Consumer Mediation Commission (Consumer Code, art. L 612-1) or the existing sectoral mediation bodies. It is possible to enter either a consumer mediator from the list on the consumer mediation website (cliquez ici), or fill out the automated complaint form allowing you to contact a dispute resolution body. disputes (cliquez ici). 

 

For example, the Customer may enter the FEVAD e-commerce mediation (Fevad): 

  

The request cannot be accepted by the consumer mediator if: 

1° The Customer does not justify having tried, beforehand, to resolve his dispute directly with MARYLISE MIRABELLI by a written complaint according to the procedures provided; 

2° The request is manifestly unfounded or abusive; 

3° The dispute has been previously examined or is being examined by another mediator or by a court; 

4° The consumer has submitted his request to the mediator within a period of more than one year from his written complaint to MARYLISE MIRABELLI; 

5° The dispute does not fall within its field of competence. 

The consumer is informed by the mediator, within three weeks of receipt of his file, of the rejection of his request for mediation. 

In the absence of recourse to mediation, the courts within the jurisdiction of the registered office of MARYLISE MIRABELLI will be competent. 

13. Computers and freedoms 

In the event that the dispute results from a national or cross-border online purchase, the Customer may also have access to the dispute resolution platform set up by the European Commission for consumer disputes arising from an online purchase. :https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage  

In order to provide the Services offered on the Site, MARYLISE MIRABELLI may be required to process personal data concerning you, in particular those which will have been collected during your registration on the Site, or when placing your Order. 

MARYLISE MIRABELLI invites the Customer to consult the "Policy relating to the protection of online data" by clicking on the following link to obtain more information relating to the way in which MARYLISE MIRABELLI processes personal data and the Customer's rights thereto. Relating. 

14. Intellectual Property Law 

MARYLISE MIRABELLI is the holder of the domain name MARYLISEMIRABELLI.com. The Site is an intellectual work protected by Intellectual Property laws. The Site as a whole and each of the elements that make it up (such as script sources, basic data, films, photographs, brand logos, designs or models, texts, trees, software, animations, illustrations) are the exclusive property of the company MARYLISE MIRABELLI. Sales made under these general conditions of sale do not entail any transfer of Intellectual Property rights to the benefit of the Customer. 

  

Consequently, any reproduction, representation or modification, partial or total, of the Site or its content on any medium whatsoever is prohibited, except with the prior written authorization of MARYLISE MIRABELLI, who may condition it on financial compensation. 

Failure to comply with this prohibition constitutes an infringement that may engage the civil and/or criminal liability of the infringer against whom MARYLISE MIRABELLI reserves the right to claim compensation for its entire prejudice. It is also prohibited to transmit to third parties information allowing the total or partial reproduction of the Site or its content. 

 

APPENDIX 1 – PROVISIONS RELATING TO GUARANTEES AGAINST LEGAL DEFECTS 

The customer is required to check that the Products received correspond to the Order and, in the event of a lack of conformity or a hidden defect within the meaning of the corresponding legal guarantees, he must contact MARYLISE MIRABELLI who will provide him with the necessary information relating to the return of the Products and their replacement or reimbursement. 

MARYLISE MIRABELLI will exchange or repair the returned Product after receipt and examination of the Product concerned. 

Article L217-4 of the Consumer Code 

The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. 

  

Article L217-5 of the Consumer Code 

The property is in accordance with the contract: 

1° If it is specific to the use usually expected of a similar item and, where applicable: 

- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model 

- if it has the qualities that a buyer can legitimately expect given the public declarations. 

2° Or if it has the characteristics defined by the seller, the producer or his representative, in particular in advertising or labeling; by mutual agreement by the parties or is suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted. 

Article L217-12 of the Consumer Code 

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. 

Article L217-16 of the Consumer Code 

When the Customer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven Days are added to the duration of the guarantee which remained to run. This period runs from the Customer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. 

Article 1641 of the Civil Code 

The seller is bound by the warranty for hidden defects in the thing sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or does not would have given a lesser price, if he had known them. 

Article 1648 paragraph 1 of the Civil Code 

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. 

 

WITHDRAWAL FORM – In accordance with article R221-1 of the Consumer Code 

(Please complete and return this form only if you wish to withdraw from the contract) 

"For the attention of the company MARYLISE MIRABELLI - MURAT HAUT 87130 SUSSAC - France - contact@marylisemirabelli.com: 

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the goods (*)/goods (*) below: 

Ordered on (*)/received on (*): 

Name of consumer(s): 

Address of consumer(s): 

Signature of the consumer(s) (only in case of notification of this form on paper): 

Date : 

(*) Strike out the useless mention. 


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