These Terms & Conditions of Sale are agreed between Etablissements Marius Fabre Jeune, SAS (Société par Actions Simplifiée, in English a simplified joint-stock company), registered capital €290,000; registered address 148, avenue Paul-Bourret – BP 12, 13651 Salon-de-Provence Cedex, FRANCE; Salon-de-Provence Trade Register number B 635 680 291; hereinafter "Marius Fabre", and people wishing to buy goods on-line at www.marius-fabre.com (alternative url www.marius-fabre.fr), hereinafter "the User".
The Terms & Conditions of Sale set out the conditions in which Marius Fabre supplies goods ordered via the website at www.marius-fabre.com (alternative url address www.marius-fabre.fr or any other link redirecting to the initial website) to the User. They also establish the terms and conditions of use of the website.
The User should keep a copy of and/or print the Terms & Conditions of Sale available upon placing his/her order.
The website is accessible free of charge to all users of the internet. Any person purchasing goods from the website, thenceforth referred to as "the User", enters into and agrees to abide by the present terms and conditions and all the legal notices pertaining to them.
Placement of an order via the website is subject to the present Terms & Conditions of Sale and forms a contract between the User and Marius Fabre. In the process of placing an order, the User is invited to read the Terms & Conditions of Sale. The User must tick the box confirming that he/she has read the Terms & Conditions after reading them and, if necessary, after asking Marius Fabre for further details before confirming the order. The box to tick appears against the following sentence: "I accept the Terms & Conditions of Sale and of Use of the Website."
Acceptance of the present Terms & Conditions implies that the User is not a minor and has the necessary legal capacity to enter into a contract.
The provisions under the section entitled Legal Notice complete the provisions set out in this clause.
All prices shown on the website are in Euros. They are inclusive of VAT. They do not include delivery charges. Marius Fabre reserves the right to modify prices at any time. The prices charged shall be those displayed upon the day of ordering. They may be subject to change for future orders.
Delivery charges are indicated before confirmation of the order by the User. Delivery charges are detailed in the clause entitled "Delivery or Withdrawal of Goods" further on in these Terms & Conditions.
Offers from Marius Fabre are only applicable while they appear on the website. We regularly update our offers.
The User chooses one or several products and adds them to his/her basket. It is possible to check the content of the basket at any time. To move from one stage to another, the User must click on a button.
In compliance with the law of 21st June 2004 on trust in the digital economy, the ordering process is explained below:
Stage 1: Check basket and select type of delivery
When consulting the basket display, the User can check the number and type of product(s) in the basket, the unit price(s) and the total cost of the order. The User may also add or remove one or more products to his/her basket.
The various options for delivery are displayed so that the User can choose the preferred option.
The User always has the possibility of moving on to the next stage or choosing to continue shopping. When the customer is satisfied with the content of the basket and has chosen the delivery option, the order must be confirmed by clicking the corresponding button.
Stage 2: My details
When the order has been confirmed, the User has to fill in a form, either by typing in existing account identification codes or by creating an account on the website, in which case he/she will have to fill in the form displayed providing all the requested details. After signing into the user account or after filling in all the required details, the User is invited to check or modify the delivery and billing addresses provided.
Stage 3: Confirmation of delivery mode
During this stage, the User confirms the selected type of delivery. It is possible, at this stage, to change the choice made during Stage 1.
Stage 4: Payment
The User is invited to choose the mode of payment: - credit card, Paypal or cheque. For credit card and Paypal payments, the User is redirected to a secure on-line payment interface.
For payment by cheque, the User is bound by the "Payment" clause in the present Terms & Conditions.
At the end of the ordering process, the website displays confirmation of the order.
Acknowledgement of placement of an order
Within 24 hours of receipt of payment, Marius Fabre sends email confirmation of receipt of the order to the email address supplied by the User during the ordering process.
Within the same interval, Marius Fabre sends an email order summary and confirmation that the order is being processed. All the ordering details are recalled: the products ordered, their delivery and information about how to use the right to retract.
5.1 Delivery address
The goods shall be delivered to the address provided by the User in the order.
Goods can only be delivered to Metropolitan France, Corsica or Monaco.
5.2 Delivery charges
Delivery is free of charge for orders amounting to €80 (incl.VAT) or more, except to Belgium and Luxembourg.
Delivery charges are calculated as follows:
SO COLISSIMO – no signature required upon delivery
- 0 to 4.99 kg: €6.90 (incl. VAT)
- 5 to 9.99 kg: €7.90 (incl. VAT)
- In excess of 10 kg: €10.90 (incl. VAT)
COLISSIMO Expert – signature upon delivery
- 0 to 5kg: €7.90 (incl. VAT)
- 5 to 10kg: €8.90 (incl. VAT)
- In excess of 10kg: €12.90 (incl. VAT)
The User is always informed of the various options for delivery charges before being asked to pay for the order.
5.3 Delivery time
Delivery time runs from the moment when the goods have been paid for. It includes preparation time, estimated to take between two (2) and four (4) working days, unless otherwise indicated upon placement of the order, and transit time for postal packages (between 2 and 3 working days - not guaranteed by the French Post Office).
5.4 Late deliveries
If delivery takes longer than the above delivery time, the User should contact our Customer Service.
In the event of late delivery, when the delay is not due to force majeure or to a mistake or failure by the User or by a third party involved in the process, the User is entitled to cancel the order by registered letter with acknowledgement of receipt within sixty (60) working days of the specified delivery date.
If the order is dispatched by Marius Fabre when the User has already posted the cancellation letter but before it has been delivered to Marius Fabre, Marius Fabre will not take the cancellation request into account since the User as a consumer has a right to retract.
When an order is cancelled, the User is refunded the total amount paid for the order.
The methods of payment available on the website are:
- Credit card (CB, Visa, Mastercard)
Credit card payments use the Société Générale secure payment transactions system.
Marius Fabre has no access to any banking information whatsoever concerning credit card payments made by the User. Payment takes place directly through the bank.
Payment by cheque can only be accepted if the cheque is from a bank registered in Metropolitan France (including Corsica) or Monaco. The User must send the cheque within seven (7) calendar days of ordering. Cheques are cashed upon receipt.
All goods ordered are the property of Marius Fabre until full payment has been received.
The description of each article states whether or not it is available.
The non-availability of one or more products, even if prolonged or for an unlimited duration, shall not be deemed to cause loss or prejudice to the User. Marius Fabre accepts no liability whatsoever in such cases.
However, if any product is out of stock after ordering, the User will receive notice that the order can only be partially delivered or that the order has had to be cancelled at the email address provided in the form.
Pursuant to article L.121-20-3 of the French Consumer Code, the User will receive a refund for the products that are unavailable within thirty days of payment.
Our website Customer Service is available Monday to Friday, from 9 am to 12.30pm and from 13.30 to 5 pm:
- either by telephone (normal call charges): +33 (0)490 533 435
- or by email at the following address: firstname.lastname@example.org
- or by post at the following address:
Savonnerie Marius Fabre
148, avenue Paul-Bourret - BP12
13651 Salon-de-Provence cedex
We will answer your email messages and postal correspondence within two (2) working days (not including postal transit time)
The law entitles consumers to request an exchange or a refund within seven (7) days of receipt of the goods. At Marius Fabre, we allow our customers a fortnight after receipt of their goods to ask for a refund or to have their goods exchanged.
Please proceed as follows: - The User must return the product, at his/her own expense, unopened and in its original, sealed packaging if any:
To return goods, the User must inform the Customer Service at Marius Fabre as follows:
1. Send your request
- by email to the following address: email@example.com, mentioning the order tracking number.
- or by postal correspondence (stating the order tracking number) to the following address: Savonnerie Marius Fabre – Service client – 148, avenue Paul-Bourret – BP12 – 13651 Salon-de-Provence Cedex - France
Our Customer Service will contact you.
Marius Fabre accepts no returned goods if the above procedure has not been followed.
To exchange goods, the User should explain in a letter sent with the parcel or when contacting our Customer Service (see "Customer Service" clause).
Pursuant to articles L.121-20 and those that follow in the French Consumer Code, the right to retract does not apply to goods specifically made for the consumer or clearly personalised goods, nor does it apply to goods which cannot be re-dispatched or that are likely to deteriorate or expire quickly.
10.1 Legal warranty – latent defects
If the User finds any defects or non-conformity in products sold on the website, the User should contact our Customer Service (see "Customer Service" clause) to agree on how to proceed.
Marius Fabre agrees, stocks permitting, to refund or exchange any product revealing latent defects in accordance with the provisions of the French Consumer Code and Civil Code quoted below.
If a refund is required, the User will be refunded by cheque or by bank transfer within no more than thirty days.
10.2 Legislation applicable
Article L211-4 of the Consumer Code: "The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility. "
Article L211-5 of the Consumer Code: "To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. "
Article L211-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the product. "
Article 1641 of the Civil Code: "A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them. "
Article 1648 of the Civil Code (first provision): "The action resulting from redhibitory vices must be brought by the buyer "within a period of two years following the discovery of the vice"
11.1 "My Account"
No orders can be placed on the website without a creating a customer account. To create an account, the User is asked to provide personal details. The User agrees to supply only true, accurate details, failing which the website publisher is fully entitled to terminate and cancel the contract and to delete the corresponding customer account. Some of the information is essential to enter into the sales agreement. If such information cannot be recorded, it is impossible to create the customer account pages and to confirm the placement of orders at the end of the ordering process. Any such compulsory information is duly indicated. Should the User refuse to supply those details, his/her account will not be created and it will be impossible to confirm the order.
From the My Account pages, the User is able to consult full details of all his/her on-line orders and to track the delivery of the goods corresponding to any ongoing orders.
Marius Fabre agrees to protect and keep secure all contractual data logged in order to comply with currently applicable legislation.
The account holder may print the My Account pages but they cannot be considered as legal evidence. Their only value is as information to the User to facilitate pre- and post-delivery order tracking.
When creating a personal account, the User is asked to choose a password. The password guarantees the confidentiality of the information in the My Account area. The User agrees not to disclose his/her password to third parties. Marius Fabre accepts no liability for unauthorised access to the User's account.
Marius Fabre reserves the right to delete the account of any User who breaches the present Terms & Conditions of Sale (in particular, but not limited to the case arising if a User has deliberately supplied false information when creating the personal account). Similarly, accounts with no activity for the last twelve months, may also be deleted. Deletion of an account shall not be deemed as a loss or prejudice to the User concerned and no claims shall be made, no compensation whatsoever being due.
Notwithstanding what precedes, Marius Fabre may, if justified, engage in proceedings or litigation against the User.
11.3 The Marius Fabre newsletter
By ticking the appropriate box or otherwise issuing acceptance, the User agrees to receive the Marius Fabre newsletter, containing information about Marius Fabre activities, in the form and at intervals decided by Marius Fabre.
By ticking the appropriate box, the User accepts to receive sales offers from the Marius Fabre website for similar products and services to those ordered.
To stop receiving the newsletter, the User can unsubscribe at any time by clicking a special link, present in every newsletter.
Temporary or permanent impossibility to connect to the website for any technical or other reason whatsoever shall in no event give rise to claims brought against Marius Fabre by the User for loss or damages.
All the visuals and illustrations of products published on the website have no contractual value. To obtain reliable details on each product, the User shall consult the page(s) containing the product description.
Certain links on the website lead to other websites. Marius Fabre accepts no liability whatsoever regarding the legitimacy of other websites and/or their content. Similarly, Marius Fabre accepts no liability whatsoever if, when visiting any of these other websites, the User suffers any kind of loss or damage.
The present Terms & Conditions can be modified at any time by Marius Fabre or their legal representative. The User is bound by the Terms & Conditions in effect upon the date of ordering or connecting to the Marius Fabre website. The publisher expressly agrees to keep previous versions of the Terms & Conditions on record and to supply them to any User who requests the possibility of consulting them.
In the event that one of the clauses of the present Terms & Conditions of Sale becomes null and void by decision of the law, all of the other clauses shall remain valid and in effect.
Should Marius Fabre decide to waive one or more of the clauses in the present Terms & Conditions of Sale, either temporarily or permanently, such waiver shall not constitute a waiver of any of the other clauses.
The original version of these Terms & Conditions of Sale is written in French. The French version shall therefore prevail in the event of differences of interpretation.
The present Terms & Conditions of Sale are subject to French law.
Unless otherwise provided for by law, any claims arising from the execution of the present Terms & Conditions of Sale shall be submitted to Marius Fabre in view of amicable settlement. It is expressly stipulated that requests for amicable settlement have no effect on the timeframe in which legal proceedings can be engaged.