Applicable from 01/12/2023
These general terms and conditions of sale are applicable to all transactions conducted through the website marcosgarra.com. The customer (referred to as the “buyer“) confirms having read and acknowledged the general terms and conditions of sale and legal notice and privacy policy before placing the order. The order’s validation denotes acceptance of these general terms and conditions of sale and the legal notice and privacy policy.
The website marcosgarra.com (https://www.marcosgarra.com/) is a service provided by Marco Sgarra’s brand (referred to as the “seller“). Registered under number 978019891 in the RCS of Paris, the headquarters are situated at 9 rue des Colonnes, 75002 Paris. You can contact the customer service via telephone on +33 7 44 40 10 33 or email at support@marcosgarra.com. The intracommunity VAT number is FR96978019891.
ARTICLE 1 – INTRODUCTION
These terms and conditions constitute the complete set of obligations for both parties. As such, the buyer is regarded to have accepted them unreservedly. They apply exclusively to sales and exclude any other conditions, even those that may be relevant to sales in physical stores, online marketplaces, or other distribution channels. These terms are accessible on the marcosgarra.com website and will take precedence over all other versions or contradictory documents, if necessary. The seller and buyer acknowledge that these general terms and conditions are the sole governing factors for their relationship. The seller shall retain the right to modify these terms and conditions periodically, and the changes shall be effective as soon as they are made available online. In the event of any missing sales condition, the standard market practices of the distant selling sector shall apply. This sector comprises organizations based in France.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION
Before placing an order and entering a contract, the buyer acknowledges that they have been presented with a legible and comprehensive explanation of these general terms and conditions of sale, as well as all the data specified in Article L. 221-5 of the French Consumer Code. The seller communicates clearly to the buyer: essential characteristics of the goods, the price of the goods and/or the method of price calculation, any additional charges or time for transportation, delivery, postage, and any other potential expenses.
ARTICLE 3 – CREATING A CUSTOMER ACCOUNT
The buyer who wishes to use the service expressly agrees not to use false information or third-party information. Any person can create an account for free by clicking on the “account” icon on the homepage. In this case, the buyer must provide their first and last name, phone number, birth date, email address, mailing address and selected password. Next, they must click “create” and then the account will be validated. The buyer can provide one or more billing and shipping addresses. The login credentials and passwords are strictly personal and confidential. Marcosgarra.com takes all necessary precautions to protect this information and advises the buyer to keep their password secret and not share it with any third party. When making subsequent visits or orders on the website, the buyer can access their account by entering their email address and password as recorded during their registration. If a customer forgets their password, they can click on “forgotten password?”. After providing their email address, the buyer will receive a direct link via email to reset their password.
Once registered, the buyer can access the functions offered by their costumer account at any time to check:
- Their personal information;
- Order in Progress: After the validation of the order, the buyer can view their purchase list and track their order till the time of delivery;
- Their invoices and order history.
The buyer is hereby informed that marcosgarra.com can automatically and immediately suspend the validity of their login credentials and access to their customer account if they fail to comply with the present General Terms and Conditions of Sale.
ARTICLE 4 – PRODUCT INFORMATION
The products governed by these terms and conditions are those listed on the seller‘s website and identified as sold and shipped by the seller. They are offered subject to availability. The products are described and presented with the utmost accuracy possible. However, if any errors or omissions may have occurred in this presentation, the seller cannot be held responsible. Product photographs are not contractual.
ARTICLE 5 – MADE-TO-MEASURE ITEMS
Marcosgarra.com offers the opportunity to create unique garments or accessories. To begin, it’s important to schedule a meeting with the designer to conceive the item and receive a quotation. The seller offers fittings before the delivery to ensure satisfaction. A 50% deposit is required upon signing the quotation, with the remaining balance due before the delivery. These bespoke products and personalized items cannot be exchanged or refunded as they have been approved at the time of quotation.
ARTICLE 6 – THE CART
Once the product is selected, the buyer clicks on “add to cart” and can either continue shopping by clicking on “continue shopping” or proceed to checkout by clicking on “proceed to checkout”. If the buyer wishes to continue, they must accept the present general terms of sale by clicking on “I acknowledge that I have read and accepted the general terms, the privacy policy and the legal notice”. Before finalizing the order, the buyer adds, removes or modifies the quantities of products in their cart and fills in the delivery address. This allows the buyer to know the amount of potential taxes as well as the total cost of the order. Subsequently, the buyer confirms the order by clicking on “confirm order” after checking their cart.
ARTICLE 7 – PRICE
The seller reserves the right to modify their prices at any time but commits to apply the current rates indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not include delivery charges, invoiced separately, and indicated before the order finalization. Prices include the applicable VAT on the day of the order, and any changes in the VAT rate will be automatically reflected in the prices of the products in the online store. If one or more taxes or contributions are created or modified, whether up or down, this change may be reflected in the selling price of the products.
ARTICLE 8 – ORDER
The buyer has the option to place an order online, using the online catalogue and the form provided, for any product within the limits of available stock. The buyer will be notified of any unavailability of the ordered product or item. The sale will be considered final after the seller sends the buyer an email confirming acceptance of the order and after the seller has received full payment. Placing an order signifies acceptance of the prices and product descriptions available for sale. In certain circumstances, such as payment default, incorrect address or other issues on the buyer‘s account, the seller reserves the right to block the buyer‘s order until the issue is resolved.
The online provision of the buyer‘s credit card number and the final validation of the order will constitute evidence of the buyer‘s agreement, including the obligation to pay the amounts due under the purchase order and express acceptance of all transactions carried out. In case of fraudulent use of the credit card, the buyer is encouraged to immediately contact the seller at the following email: support@marcosgarra.com.
ARTICLE 9 – PAYMENT METHOD
To settle their order, the buyer has the option to select any of the payment methods provided by the seller and listed on the seller‘s website. The buyer guarantees the seller of having the necessary authorizations to use the chosen mode of payment upon validating the order form. The seller reserves the right to withhold any further order management and delivery in case of a declined payment authorization by officially accredited financial institutions or if payment is not received. The seller reserves the right to refuse to deliver or honour an order from any buyer who has not fully or partially paid a previous order or with whom a payment dispute is being processed.
ARTICLE 10 – PROOF OF TRANSACTION
The electronically stored records, maintained in the seller‘s computer systems under reasonable security conditions, shall be considered as proof of communications, orders, and payments that have occurred between the parties. The archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
ARTICLE 11 – DELIVERY TERMS
Delivery refers to the transfer of physical possession or control of the goods to the buyer. The products ordered will be delivered according to the specified terms and timeframe. The products will be delivered to the address provided by the buyer in the order form, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be refund. If the original packaging is damaged, torn, or opened during delivery, the buyer must inspect the contents. If damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused due to being open or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature any anomalies concerning the delivery. If products require returning to the seller, they must be requested within 14 days of delivery. Claims made after this time will not be accepted. Returned products will only be accepted in their original condition, including packaging, accessories, and instructions.
ARTICLE 12 – LEGAL WARRANTY
Marcosgarra.com is responsible for any non-conformity defects in products sold under contract. All products benefit from the legal warranty provided by articles 1641 and following of the French Civil Code (hidden defects warranty) and articles L. 217-1 to L. 217-14 and L. 411-1 to L. 411-2 of the Consumer Code (warranty of conformity). When the buyer invokes legal warranty for conformity has a two-year period from the date of delivery to take action. The seller can opt for repair or replacement of the product, subject to certain cost conditions outlined in Article L.217-9 of the Consumer Code. During the 24 months following delivery, the buyer is exempt from having to prove the existence of a conformity defect. If a product sold is non-conforming or has a hidden defect, it may be returned for a refund in accordance with the prevailing regulations. Products modified, integrated, or added by the buyer are not covered by the warranty. The warranty does not apply to visible defects. Damaged products due to transportation or improper use are also not covered by the warranty.
ARTICLE 13 – REFUND
Buyer has a period of 14 days from receiving the package to notify marcosgarra.com of their intention to return the package or certain products. To do so, an email must be sent to support@marcosgarra.com explicitly indicating the desire to return the package or certain products, along with the order number. Once contacted, the customer service will provide a return receipt to be printed and stamped on the package. In case of non-observance of the deadlines, marcosgarra.com will not be able to refund the buyer. The delivered products must be returned with the delivery document, in its original condition and complete original packaging, in perfect resalable condition and with its sealed label. Damaged products, dirty or incomplete clothing, and/or unpleasant odours, cannot be returned. Products should not have been worn. All returns will be subjected to quality control to ensure the returned products meet the quality requirements. If any of these characteristics are present, a refund will not be issued, and the seller will not return defective products to the buyer. After receiving the returned products and if them are intact, the customer service will refund the purchase and delivery prices, provided that the obligations mentioned above are respected. The refund will be processed using the same payment method that was used by the buyer for the initial transaction. The refund will be processed promptly and no later than 14 working days from the day the buyer‘s return is received. If the buyer has paid the shipping costs, they will not be refunded together with the refund.
This article is not applicable for made-to-measure products, which cannot be refunded or exchanged, or for personalized products. Please refer to the article 5 for additional details.
ARTICLE 14 – FORCE MAJEURE
All circumstances beyond the control of the parties that prevent the normal execution of their obligations are considered as causes for exemption of obligations and result in their suspension. The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as their disappearance. Events or circumstances that are irresistible, outside the control of the parties involved, unpredictable, unavoidable, and independent of their will, shall be regarded as cases of force majeure or fortuitous events, which cannot be prevented by these parties, despite all reasonable efforts. Expressly included as cases of force majeure or fortuitous events, in addition to those usually recognized by the French courts and tribunals, are the following: the parties will convene to discuss the impact of any events, including but not limited to, transportation or supply disruptions, earthquakes, fires, storms, floods, lightning, and telecommunication network outages or difficulties that are external to clients. They will agree on the terms and conditions for continuing the contract’s execution. If the event of force majeure persists for more than three months, the aggrieved party will have the right to terminate these general terms and conditions.
ARTICLE 15 – INTELLECTUAL PROPERTY
The content of the website remains the property of the seller, the sole proprietor of intellectual property rights over this content. Buyer must not use this content in any way: any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
ARTICLE 16 – PARTIAL NON-VALIDATION
If one or more provisions of these general conditions are deemed invalid or declared as such under a law, regulation or definitive decision of a competent jurisdiction, the other provisions shall retain their full force and effect.
Failure by any party to enforce any breach by the other party of the obligations outlined in these general terms and conditions shall not be interpreted as a waiver of the obligation in question in the future.
ARTICLE 17 – LANGUAGE OF CONTRACT AND APPLICABLE LAW
These general terms and conditions of sale are drafted in the French language. In the event of a translation into any foreign language, the French text alone shall be binding in case of dispute.
These terms and conditions are governed by French law. The appropriate court for legal proceedings is the county court. This applies to both substantive and procedural rules. In case of dispute or claim, the buyer should first contact the seller to seek an amicable resolution.
In the event of any difficulty in interpretation between any of the titles appearing at the top of the clauses and any of the clauses, the titles shall be deemed to be non-existent.