TERMS OF SALES
Last revised: [10/26/2021]
These conditions
This website (www.marijediy.com) and any offer or sale of products (the "Products") through the Site, are owned and operated by the company Marijé (here also referred to as "us", " our ”or“ our ”). These Business Terms (the "Terms") set out the terms and conditions under which visitors or users (collectively, the "user" or "you") may visit or use the Site and the Services and purchase Products. By purchasing the Products, you acknowledge having read and consented to these Conditions, and you agree to be bound by them. Read these Terms carefully before accessing or using our Site or Services, or purchasing Products. In these Terms, you will find out who we are, how we sell our Products to you, how you can terminate the purchase contract and what you can do if something goes wrong.
By these General Conditions of Sale, the user renounces any purchase for resale, within the meaning of Article L 110-1 of the Commercial Code. The Products offered on the Site are for personal use only and clothes made with Marijé patterns are prohibited for sale.
You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.
This site is published by Sonia Sevillano Pedraca, marijecontact@gmail.com, commercial register number: 903301109. The director of the publication is Sonia, Sevillano Pedraca. You can contact us:
by e-mail: marijecontact@gmail.com
This site is hosted by Wix.com
These Conditions are provided in the French language. In the event of a discrepancy between the French version of this document and any of its translations, the French version will prevail.
To use our Site and/or benefit from the products, you must be at least 18 years of age, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if this is prohibited in your country, or by any law or regulation applicable to you. In addition, before placing and confirming an order, you must read and agree to these Terms.
Product Description
(1) You must read the description of the Products carefully before placing an order.
The description of the Products presents the essential characteristics of the Products, in accordance with Article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Products are provided for information only and are not binding on us. The photos on the page of each Product highlight the garment created from the pattern presented on the page. The garment created differs from the one you will create with the pattern shown due to the fabric chosen, your skill levels and your tastes. The Marijé company cannot be held responsible for a difference between the garment created and presented on the Product page and the garment you make.
The Marijé company offers dematerialized products: sewing patterns available for purchase and downloadable only in PDF version.
(2) We invite you to refer to the information and instructions for use which appear on the Product page and the accompanying documents. We cannot be held responsible for any damage resulting from failure to follow these instructions for using the Products provided on our website.
Price
(1) The prices we charge are indicated on the Site, they are indicated in euros (€) including tax.
(2) We reserve the right to change our prices or correct any pricing errors that may inadvertently occur at any time. These changes do not affect the price of Products that you have already purchased before. During payment, you will be presented with a summary of all the Products that you have placed in your basket. This summary includes the essential characteristics of each product as well as the total price of all the products, the value-added tax (VAT), as the case may be.
(3) The invoiced price is the price indicated on the summary email that you receive after placing an order. The price is also displayed on the invoice downloadable from the email received.
(4) The price indicated on the payment page is payable in one go upon validation of the order. The prices vary according to the type of Products ordered. The prices will be communicated to you before confirming your order. You must enter a valid email address to which you have access to receive your order. We are not responsible if you do not receive your order for this reason.
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Payments
(1) To complete the ordering process you must click on the "Payment" button. After clicking on "Payment" the purchase amount is immediately debited. Depending on your bank, you may need to confirm your payment. By clicking on the payment you authorize us to debit the corresponding amount on the card or PayPal account entered before the purchase.
(2) By confirming the order you guarantee that we are authorized to use the chosen payment method. The Marijé company cannot be held responsible for fraudulent use of the means of payment or for any payment and order errors.
(4) The payments accepted on the Site are:
- Credit card payments (Visa, MasterCard, Amex, ChinaUnionPay, Jcb, Diners, CartesBankaires, Discover, Electron, Maestro).
- PayPal payments.
Payments can be made from France and from abroad.
(5) Secure payment by credit card and Ideal is made by the Stripe payment service. PayPal secure payment is handled by the payment company Paypal. The payment data transmitted is encrypted and protected. In the event that your payment has already been finalized, the Marijé company undertakes to contact the Stripe and PayPal payment services to subtract the difference.
(6) The contact details entered to make a payment are secure and protected. They are sent directly to the Stripe and PayPal payment services. The Site has no access to the Buyer's bank data and does not keep any bank data. This is why you must re-enter a payment method with each new purchase. Upon receipt of payment, the purchase contract is executed. Communications received relating to this purchase are considered proof of payment and order.
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The order
(1) Any purchase of Products is subject to the Conditions applicable at the time of such purchase.
(2) When purchasing a Product: (i) it is your responsibility to read the complete list of items before committing to purchase them; and (ii) placing an order on the site (by completing the payment procedure by pressing the “Buy” or “Add to Cart” button) may lead to a legally binding contract for the purchase of the Product concerned unless otherwise specified in these Terms.
(3) You can choose from our selection of Products and place the products you intend to purchase in a shopping cart by clicking on the corresponding button. The payment page also gives you the possibility to check and, if necessary, to modify or withdraw Products, or to modify the quantities. If necessary, you can also identify and correct input errors using the edit function before making your order definitively binding. By pressing the "Payment" button, you place a firm order to purchase the Products advertised at the price and with the shipping costs indicated if applicable.
(4) Once the payment has been correctly made we will then send you a download link by e-mail, in which you can download your order by clicking on the button. Please note that this is an automatic message in which the "Download" button appears. By clicking on this button, your order will appear directly. Please note that this download link is valid for 30 days, it is your duty to ensure the handling of your order once received. Your order is also available in your customer area only if you created one before purchasing the order. (5) The legally binding contract for the purchase of the Products is concluded when we email you your Product for download. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately after submitting your order (e.g. instant bank transfer via PayPal , or another similar payment method). In this case, the legally binding agreement is concluded when you complete the ordering process, as described above, by pressing the corresponding button.
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Product delivery
Your products are only sent to you electronically. Your products can be downloaded via the link received by email and in the "My orders" section of your customer area. The download link in the email is valid for 30 days. It is your duty to download it before this date. If you have created a customer area before the date of purchase, you can access your order at any time from this area, and this after the 30-day period. The email is sent to the email address provided when ordering. The Product is sent to you directly after validation of the order and acceptance of payment. Please check your spam emails if you don't see your order in your inbox. The customer ensures upon receipt of the order that it corresponds to the Product ordered and undertakes to contact the seller if the said order differs. Coupons, gift cards and other offers We may from time to time offer coupons, gift cards or discounts and other offers (“Offers”) relating to our Products. These Offers are only valid for the period that may be indicated therein. Offers may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.
Politique de rétraction, remboursement et de retour
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The Products offered on the Site are intangible Products and cannot be subject to a right of withdrawal in accordance with Article L. 221-28 of the Consumer Code. The Products cannot therefore be returned or exchanged and therefore cannot be reimbursed.
Member area
(1) To access and use the features of our Site (ie viewing your past orders), you must first register and create an account (“Member Area”). You must provide precise and complete information when creating your Member Account.
(2) If someone other than yourself accesses your Member Account and / or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on behalf of you, and you will be solely responsible for all activities that take place on your Member Account, whether or not you have specifically authorized them, and for all damages. , expenses or losses that may result from these activities. You are responsible for activities performed on your Member Account in the manner described if you have allowed the use of your Member Account negligently, not taking reasonable care to protect your login credentials.
(3) You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook (the "Social Network Account"). If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.
(4) We may terminate or suspend temporarily or permanently your access to your Member Account without incurring our liability, in order to protect ourselves, our Site and our Services or to protect other users, including if you violate a provision of these Terms or any applicable law or regulation relating to your use of the site or your Member Account. We may do so without notice to you if the circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months' notice by email, if we terminate our Member Accounts program or for any other reason. You can stop using your Member Account and request its deletion at any time by contacting us.
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Intellectual property
(1) Our Products and related content (and any derivative work or improvement thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, as well as all intellectual property rights therein, are our property or licensed to you (collectively, "Our Intellectual Property"), and nothing herein grants you any right in connection with Our intellectual property. Except as expressly provided herein or if required under mandatory provisions of applicable law for the use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these conditions are expressly reserved.
(2) The Products include digital content (patterns in PDF format). These patterns are protected by copyright. Therefore any partial or total reproduction, resale, commercial use, exchange, sending of patterns, the explanatory booklet and clothing from these patterns are prohibited. Exclusion of warranty for the use of the Site and the Products.
The Products, Our intellectual property and all documents, information and content provided concerning them which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranty regarding the safety, reliability, timeliness, accuracy or performance of our services, except in the event of malicious non-disclosure of defaults. We do not guarantee that our Free Products will be provided without interruption or error, or that they will meet your needs. Access to the Products and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty of the Products you have purchased from us, as mentioned in the “Product Warranty” section above, will not be affected. The trademark "Marijé" has been registered with the INPI (trademark number: 4796934). Any unauthorized reproduction of this mark constitutes an act of infringement liable to criminal and civil proceedings.
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Data protection
We receive, collect and store all the data you enter on our site. Namely the data you provide us when you create your customer area or when you place an order: Personally Identifiable Information:
- Username.
- Your email address, Facebook username.
- Your first and last name.
- The language in which you have chosen to communicate with us or to keep you informed.
- The communications. Your information if you have already validated a paid order:
- Your orders.
- Your purchase history.
Your preferences in terms of cookie policy: Only with your consent we use cookies to understand how you interact with our site and thus offer you products that meet your shopping habits.
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In addition, we collect the Internet Protocol (IP) address used to connect your computer or other device to the Internet (computer and connection information). We only use the personal information that you send to us such as that mentioned above. This information is collected to improve our service. Some fields are mandatory to access certain features (for example, the email address must be entered to complete your order because you will receive the PDF template by email). We are the only ones to collect your personal information that you send to us.
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We collect your information for the following purposes:
- Provide and operate the services we offer:
Finalize a purchase contract:
Your data collected allows us to keep you informed of the status of your order and to send you your order once finalized.
- Provide you with assistance and permanent technical support.
- Your personal data allow us to interact with you in order to offer you a quality service.
- To create aggregated non-personal statistical data that we can use to improve our services, for example to promote navigation and the ergonomics of our website.
- Make it easier for you to register on our website so that you can have access to additional services such as viewing your orders directly from your account. You can delete your account at any time.
- Comply with applicable laws and regulations.
- For marketing purposes if you give us your consent, namely: marketing emails offering you products that may be of interest to you, upcoming events. You can unsubscribe from these emails at any time.
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Your personal information is not sold, exchanged, transferred or given to another company for any reason, without your consent, other than what is necessary to fulfill a request and / or a transaction, such as for example to send an order and send you the invoice. Payment gateways are offered by stripe and PayPal. We require third parties to undertake to respect and preserve the security and confidentiality of your personal data according to applicable law. Your payment data is not kept by our site but is collected by our secure payment partners (Stripe and PayPal) until the payment is certified. These platforms respect and are committed to the security of online payments. When processing payments, certain data including information required to complete the payment, such as the total amount or billing information, will be transmitted to these platforms. Your bank details are encrypted (SSL technology).
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Your personal data may also be transmitted to other third-party companies such as Google Analytics as soon as you give your consent to the use of cookies. This tool is the most widespread and reliable solution on the web. "Web analytics" data is collected anonymously by Google Analytics, and allows us to measure the audience of our website, visits and any errors in order to constantly improve the user experience.
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Your consent must be given explicitly before receiving marketing emails by clicking on a button authorizing us to send you this type of communication. If you have a customer area you can unsubscribe directly from your account or by contacting us at marijecontact@gmail.com.
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In accordance with article 16 of the RGDPR, the data subject has:
- The right to access their data.
- The right to rectify your data.
- The right to erasure (right to be forgotten)
- The right to limit data.
- The right to data portability.
For any questions regarding the protection of your personal data, please contact us at marijecontact@gmail.com.
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Visit cnil.fr for more information on your rights. If you feel, after contacting us, that your “Data Protection” rights have not been respected, you can file a complaint with the CNIL. This Privacy Policy can be viewed at any time. The site editor reserves the right to modify it to ensure that it complies with the law in force. The user is invited to consult this Privacy Policy in order to stay informed of the latest changes that will be made to it.
Compensation
You agree to defend and hold us harmless against all actual or alleged (including, but not limited to, reasonable attorneys' fees) and claims, damages, costs, liability and expense. ) arising out of, or related to, your use of the Site and the Products in violation of these Terms, including in particular any use that would violate the limitations and requirements set out in these Terms, unless such circumstances are not caused by your fault .
Limitation of Liability
(1) To the fullest extent permitted by applicable law, we accept no liability for any amount or type of loss or damage that may result to you or any third party (including any direct or indirect loss and loss of income, profits, customers, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunities, loss of anticipated savings, waste of management time or office, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use or the results of the use of this site, (iii ) any website linked to this Site or the documents on such linked websites.
(2) We cannot be held responsible for any delay or failure to fulfill our obligations under these Conditions if this delay or failure results from a cause beyond our control and / or a case of force major within the meaning of article 1216 of the Civil Code.
(3) Modification of the Conditions or the Services; interruption
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(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion. You should therefore consult them regularly. Your continued use of the Site or our Products after such a change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or the Service.
(1) We may change the Products, stop supplying the Products or any feature of the Products that we offer, or create limits for the Products. We may terminate or suspend access to the Products and the Site permanently or temporarily for any reason, without any liability. We will notify you sufficiently in advance if this is possible in the given circumstances and we will reasonably take your legitimate interests into account in any such action.
Links to third-party websites
The Products may include links that take you away from the Site. Unless otherwise stated, linked sites are not under our control and we are not responsible for their content, any links they contain, or their changes or updates. We are not responsible for any transmissions received from linked sites. Links to third-party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content..
Applicable right
(1) These Conditions are governed by and interpreted in accordance with the laws of France, with the exception of conflict of law rules.
(2) If you wish to draw our attention to a subject, a complaint or a question concerning our site, contact us: marijecontact@gmail.com
If, after contacting us, you feel that the problem has not been resolved, you will have the right to have recourse to the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. Of the French Code of the consumption. To submit your request to the Consumer Ombudsman, complete the online dispute resolution form available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Various
(1) No waiver of a breach or default hereunder may be considered as a waiver of a previous or subsequent breach or default.
(2) The article titles used in these Terms are for convenience only and have no legal substance.
(3) Unless otherwise specified, if any part of these Terms is found to be illegal or unenforceable for any reason, it is agreed that that part of these Terms will be deleted, the other terms of these Terms will not be affected, and that 'they will remain in force.
(4) By accepting the Conditions, you agree not to contest the probative value of the documents exchanged via the Site, on the basis of their electronic nature. The computerized registers are considered as proof of communications, orders and payments made between us.
(5) Your acceptance of the Conditions constitutes a proof agreement, within the meaning of article 1368 of the Civil Code.
(4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all previous written or oral agreements between you and us relating to the Services and the sale of the Products.
(6) The provisions of these Terms, which by their nature must survive any action on our part, will survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, to the limitations of liability and to this “Miscellaneous” article.
Contact us
To contact us, send an e-mail to:
Sonia Sevillano
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