TERMS AND CONDITIONS
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Clients" or "the Client") wishing to purchase the products offered for sale ("the Products") by the Seller on the website www.marenostrum-swimwear.com.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website www.marenostrum-swimwear.com, of which the Client is required to take note before ordering.
The choice and purchase of a Product are the sole responsibility of the Client.
Product offers are subject to stock availability, as specified when placing the order.
These GTC are accessible at any time on the website www.marenostrum-swimwear.com and shall prevail over any other document.
The Client declares having read these GTC and accepted them by checking the box provided for this purpose before initiating the online ordering procedure on the website www.marenostrum-swimwear.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller's contact details are as follows:
Lisa Dubois
Individual entrepreneur — Micro-enterprise
Mare Nostrum Swimwear
SIRET: 891 341 752 00055
25 allée Léonie Bras, 34070 Montpellier
Email: hello@marenostrum-swimwear.com
VAT not applicable — article 293 B of the CGI
The Products presented on the MARE NOSTRUM SWIMWEAR website are offered for sale worldwide.
In case of an order to a country other than metropolitan France, the Client is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French Overseas Departments and Territories, the price will automatically be calculated excluding taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne by and are the sole responsibility of the Client.
ARTICLE 2 - PRICE
The Products are supplied at the current prices displayed on the MARE NOSTRUM SWIMWEAR website when the order is registered by the Seller.
Prices are expressed in all currencies, excluding VAT and including VAT depending on the customer's country.
The prices take into account any reductions that may be granted by the Seller on the MARE NOSTRUM SWIMWEAR website.
These prices are firm and non-revisable during their validity period, but the Seller reserves the right, outside of this validity period, to modify prices at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.
ARTICLE 3 - ORDERS
It is the Client's responsibility to select the Products they wish to order on the MARE NOSTRUM SWIMWEAR website, according to the following terms:
The client chooses a Product and adds it to their cart, a Product which they can delete or modify before validating their order and accepting these general terms and conditions of sale. They will then enter their contact details or log in to their account and choose the delivery method. After validating the information, the order will be considered final and will require payment from the Client according to the terms provided.
Product offers are valid as long as they are visible on the website, within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the MARE NOSTRUM SWIMWEAR website constitutes the formation of a distance contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
The Client can track the progress of their order on the MARE NOSTRUM SWIMWEAR website, or on the website of the carrier chosen by the Client using the shipping number, where the Client can track the journey of their package.
ARTICLE 4 - PAYMENT TERMS
Payment is made via a secure payment method, according to the following terms:
- payment by credit card (CB, Visa, American Express, MasterCard, Apple Pay, Shop Pay)
- payment by Paypal
The price is payable in cash by the Client, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions made on the MARE NOSTRUM SWIMWEAR website.
Payments made by the Client will only be considered final after effective receipt of the due sums by the Seller.
The Seller will not be obliged to deliver the Products ordered by the Client if the Client does not pay the price in full under the conditions indicated above.
ARTICLE 5 - DELIVERIES
The Products ordered by the Client will be delivered in metropolitan France or in the following zone(s):
French Overseas Departments and Territories, Europe, International.
The processing time for your packages is 1 to 2 working days in addition to the following shipping times:
Delivery time France
Mondial Relay pick-up point: 3 to 5 working days
Colissimo home delivery: 48 to 72 hours
Mondial Relay Europe delivery time (Portugal, Spain, Belgium, Luxembourg, Netherlands)
Pick-up point: 4 to 6 working days
Europe and International delivery time
Colissimo home delivery: 4 to 6 working days
Overseas delivery time zone 1 and 2
Colissimo home delivery: 5 to 12 working days
Delivery consists of the transfer of physical possession or control of the Product to the Client. Except in specific cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the deadlines specified above.
In case of delivery delay of more than 14 working days in addition to the maximum delivery time mentioned above, the client may contact MARE NOSTRUM SWIMWEAR, by e-mail to request the cancellation of their Order within 60 working days.
Should the Order be definitively cancelled, the Client will receive a refund of the price paid for their Order within 15 days following the cancellation confirmed by e-mail.
In the event of a specific request from the Client regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional invoice, based on a quote previously accepted in writing by the Client.
The Client is obliged to check the condition of the delivered products. They have a period of 7 days after receiving their order to make claims. The Client may contact MARE NOSTRUM SWIMWEAR, by e-mail to request the cancellation of their Order, accompanied by all relevant supporting documents (photos in particular). After this period and in the absence of compliance with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim can be validly accepted by the Seller.
The Client may return the said Item to MARE NOSTRUM SWIMWEAR. The return costs will be borne by the client. The Seller will reimburse or replace as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these GTC.
RETURN:
In case of delivery of an Item not corresponding to the Client's Order, or a defect linked to transport, or not satisfying their requirement, the Client may return the said Item to MARE NOSTRUM SWIMWEAR. The return costs will be borne by the client.
The Client must return the non-compliant Item to obtain a refund of the price of their Order.
To be eligible for a refund:
Go to your customer account and make a return request.
The Client must contact MARE NOSTRUM SWIMWEAR, no later than 14 days following the day of delivery of the Order.
Any claim made after this period will not be accepted, and MARE NOSTRUM SWIMWEAR will be released from any responsibility. Furthermore, to be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in its original packaging with tags and hygienic protection.
Gift cards, dirty, stained, odorous and/or hairy items, items purchased during sales or with a discount, shipping costs, are not refundable or exchangeable.
To complete your return, we require a receipt or proof of purchase.
The Client may then proceed with the return, within 14 days after receipt of the package, of their non-compliant Item(s), in the original packaging of the Items, by tracked mail.
Any item returned more than 15 days after delivery and/or any non-compliant return will be rejected and MARE NOSTRUM SWIMWEAR will be released from any responsibility.
Upon receipt and verification of your return, an email will be sent to confirm receipt of your returned item. We will also notify you of the acceptance or rejection of your refund request.
If approved, your request will be processed and you will receive a refund within a maximum of 15 days.
The costs related to the return of the Items will be reimbursed by MARE NOSTRUM SWIMWEAR only in cases where the delivered Item is different from the one ordered.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Client will only be realized after full payment of the price by the latter, regardless of the delivery date of the said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to the terms of Article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good."
The right of withdrawal can be exercised online, using the withdrawal form, sent by e-mail, or any other unequivocal declaration expressing the will to withdraw, and notably by postal mail addressed to the Seller at the postal or e-mail addresses indicated in ARTICLE 1 of the GTC.
If the Client wishes to exercise their right of withdrawal, they must make a return request via the following email: sav@marenostrum-swimwear.com.
All returns must be shipped to the following address. PLEASE NOTE, without a specific request via email, packages will not be processed:
MARE NOSTRUM SWIMWEAR, 25 Allée Léonie Bras, 34070 Montpellier
Returns must be in their original and complete condition (packaging, accessories, instructions, etc.) allowing their re-marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.
Return shipping costs remain the responsibility of the Client.
The exchange (subject to availability) or refund will be made within 15 days from the receipt by the Seller of the Products returned by the Client under the conditions provided for in this article.
ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for defective, damaged or broken Products or those not corresponding to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing flaw affecting the delivered products and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging, assembly instructions or installation when the latter was carried out by them under the contract or under their responsibility."
Article L217-5 of the Consumer Code
"The goods are in conformity with the contract:
1/ If they are suitable for the use ordinarily expected of similar goods and, where applicable:
- - if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- - if they exhibit the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labeling;
2/ Or if they present the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by them."
Article L217-12 of the Consumer Code
"The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods."
Article 1641 of the Civil Code.
"The seller is bound by the warranty against hidden defects in the sold item that render it unfit for its intended use, or that diminish this use so much that the buyer would not have acquired it, or would have paid a lesser price for it, had they known of 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."
Article L217-16 of the Consumer Code.
"When the buyer requests from the seller, during the course of the commercial guarantee granted to them at the time of the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee. This period runs from the buyer's request for intervention or the making available of the good in question for repair, if this making available is subsequent to the request for intervention."
ARTICLE 9 - PERSONAL DATA
The Client is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of Product delivery. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of personal data
The personal data collected on the website marenostrum-swimwear.com are as follows:
Product Order:
When the Client orders Products:
Last names, first names, postal address, telephone number, and e-mail address.
Payment:
As part of the payment for Products offered on the MARE NOSTRUM SWIMWEAR website, financial data relating to the Client's / user's bank account or credit card is recorded.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data Controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, from May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the Client expressly agrees, their personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will retain the data collected for a period of 5 years, covering the statute of limitations for contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Exercise of Clients' and users' rights
In accordance with the regulations applicable to personal data, Clients and users of the website www.marenostrum-swimwear.com have the following rights:
- They can update or delete their data as follows:
You can exercise this right by contacting us at the following address:
MARE NOSTRUM SWIMWEAR, 25 allée Léonie Bras, 34070 Montpellier
Or by email, at the address: hello@marenostrum-swinwear.com
- They can delete their account by writing to the email address indicated in article 9.3 "Data Controller"
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data Controller"
- If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 "Data Controller"
- They can request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in article 9.3 "Data Controller"
- They can also request the portability of data held by the Seller to another service provider
- Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.
Any request must be accompanied by a photocopy of a valid, signed identity document and must state the address at which the editor can contact the applicant.
The data controller must provide a response within a maximum of one month.
This one-month period may be extended by two months if the complexity of the request and/or the number of requests so requires.
In case of refusal to grant the Client's request, the reasons for this refusal must be provided.
The Client is informed that in case of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Client may be asked to check a box indicating their agreement to receive informative and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the website www.marenostrum-swimwear.com 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 prohibited and may constitute an act of infringement.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These GTC and the transactions arising from them are governed by 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.
ARTICLE 12 - DISPUTES
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GTC.
The Client is informed that they can in any case resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.
In this case, the designated mediators are the French courts of the Client's domicile, in the absence of an amicable agreement between the Client and MARE NOSTRUM SWIMWEAR.
The Client is also informed that they may also use the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale operations concluded in application of these GTC and which have not been resolved amicably between the seller or through mediation, will be submitted to the competent courts under ordinary law conditions.