Terms and Conditions of Sale

I. Introductory statement

THE OZ's main activity is the creation and commercial exploitation of commercial websites, including the management of all stages of online sales and the promotion of articles on the Internet.

THE OZ has been entrusted by MARIE SIXTINE with the services necessary for the sale of Marie SIXTINE brand items on the Internet, and in particular the creation and management of the website https://marie-sixtine.com/fr_fr/ (hereinafter referred to as the "Site").

II. Scope of application

The present general terms and conditions of sale (hereinafter referred to as the "GTC") apply by right to the sale of any Marie SIXTINE brand article via the Site.

For the purposes of these GSC, the term "User" refers to any person browsing the Site and the term "Customer" refers to any person wishing to place or having placed an order on the Site.

The sale is deemed concluded on the date of acceptance of the order by THE OZ.

Prior to this date, and in accordance with the provisions of Articles L. 112-1, L. 112-2 and L. 141-1 of the Consumer Code, these GTC are made available to any Customer for information purposes.

The validation by the Customer of any order implies full and complete acceptance of these GTC.

III. information about the articles

The items offered for sale by THE OZ are those listed on the Site on the day of its consultation by the Customer.

Each item will be the subject of a description sheet which, in addition to the photograph, will contain: the price, the available sizes and colors, the composition as well as the particular characteristics.

Minor differences between an item and its photograph may exist, depending in particular on the resolution and color definition of the User's screen.

THE OZ undertakes to deliver articles that meet the current regulations relating to the safety and health of people in accordance with European provisions and in particular the legislation on regulated chemical substances.

IV. Prices

Unless expressly stipulated otherwise, the prices of the items are those shown on the Site on the day of the order.

They are indicated including all taxes, excluding delivery charges. The delivery costs are communicated to the Customer on the summary of the order before the validation of the latter and are expressed all taxes included. These costs are charged to the Customer and are invoiced in addition to the selling price of the items. These prices are, at this date, firm and definitive.

In case of display of an erroneous price, obviously derisory (low price), whatever the reason (computer bug, manual error, technical error), the order -even validated by THE OZ- will be cancelled, and the Customer will be informed as soon as possible. In this case, the Customer may, if he wishes, subject to the availability of the articles, place his order again at the corrected and exact price.

V. Orders

5.1 Placing an order

The Customer materializes his order by completing the following 5 steps:

-Step 1: The Customer selects the chosen items and adds them to his basket after having selected the desired size and color.

The shopping cart located on the top right of the screen informs the Customer that the selections have been taken into account by indicating the number of items it contains.

Step 2: the Customer checks the contents of his basket by clicking on "order" to have access to the summary of his order. The Customer can then modify his order (article, size, quantity).

The total amount of the order, including VAT, distinguishing on the one hand the price due for the items and on the other hand the delivery costs, is then indicated in the summary.

Step 3: once the order has been checked and modified if necessary, the Customer validates his basket in order to finalize his order by clicking again on "order".

Step 4: the Customer enters his billing and delivery information.

Except for the date of birth, the additional address and delivery information, all fields are required to finalize the order, it being specified that unless otherwise indicated by the Customer, the billing address will automatically be the same as the delivery address.

If the Customer has already placed an order on the Site, he/she has a Customer account. In this case, the Customer will identify himself only with his e-mail address and password.

The Customer then verifies all the information and clicks on "validate" to continue his order.

Step 5: the Customer enters his bank details.

The Customer then accesses the secure payment screen as specified in article 4.3 below.

Payment is made online by credit card only.

The Customer must enter his bank card number, its validity date and the 3 numbers of the visual cryptogram on the back of his card, it being specified that in case of payment by American Express card, the Customer must communicate 4 digits.

If the payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.

If the payment fails, the Customer will have up to 3 attempts to re-enter his bank details. After the 3rd refusal, the Customer will be redirected to a screen on the Site indicating that payment has been refused.

The Customer will then be invited to contact THE OZ's customer service to find out the reasons for this, and together find a solution to finalize the order.

5.2 Order Confirmation

As soon as the Customer's payment has been accepted, the Customer will receive an email confirming the order, summarizing all the items ordered, the billing and delivery address as well as the delivery date.

The validation of the order by the Customer and the order confirmation sent to the Customer by email by THE OZ following the acceptance of the payment constitute the conclusion of a sales contract between the parties and acceptance of these GTC.

The Customer who has placed an order will be able to print his or her invoice by logging onto the Site in the "order tracking" area provided for this purpose.

THE OZ reserves the right not to validate the order in case of :

  • previous abusive complaints,
  • abnormal orders with regard to the quantities ordered,
  • abusive previous exchanges and returns,
  • existing dispute(s) with the Customer.

THE OZ's customer service is available to the Customer for any questions related to his order.

Customer service is available via the contact form available on the website at https://www.marie-sixtine.com/fr_fr/contacts/.

5.3 Payment

The price of the purchased items is payable in full on the day the order is placed by the Customer. Payment is made online by credit card (Carte Bleue, Visa, Eurocard/Mastercard/American Express) at the time of validation of the order by the Customer.

The request for authorization to debit the card is made at the time of validation of the order on the Site, except in the case of unavailability of servers. THE OZ reserves the right to proceed with a new request for authorization to debit in the event that the first request could not be completed due to the unavailability of the servers.

In the event of non-payment, an erroneous address or any other problem on the Customer's account, THE OZ reserves the right to block the Customer's order until the problem is resolved.

In case of fraudulent use of his credit card on the Site, the Customer is invited to contact THE OZ using the contact form available at the following address https://marie-sixtine.com/pages/contactez-nous

THE OZ uses all necessary means to ensure the confidentiality and security of the banking data transmitted on the Site. The Site is equipped with an online payment security system that encrypts the Customer's data. The payment information is transmitted according to the highest security standards. The transmission of the banking data is guaranteed by THE OZ's partner: Adyen (Adyen being a technical service provider, it does not take charge of the disputes related to the orders, which are directly processed by THE OZ as specified above or if necessary by the Customer's bank).

All information exchanged to process the payment is encrypted thanks to the SSL (Secure Socket Layer) protocol: this data cannot be detected, intercepted or used by third parties. At no time do the Client's financial data transit on THE OZ's computer system. Adyen verifies that the connection with the Customer's browser is secure before sending the payment form to the banking institution that performs the financial transaction.

In accordance with the provisions of Article L.221-11 of the Consumer Code, the Customer will receive, at the latest at the time of delivery, for each of the items, the written confirmation of the price paid detailing the price of the items and the delivery costs, if any, charged to him.

5.4 Recording of the order

The order confirmation is recorded on THE OZ's records, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relationship between the Parties.

VI. Deliveries

THE OZ will deliver the order(s) accompanied by a delivery note within a maximum of ten (10) working days for a delivery to Metropolitan France, and thirty (30) working days for a delivery to any other country, starting from the day following the payment of the order.

As of the delivery, the risks are transferred to the Customer.

Any order placed on the Site from Monday to Friday before 2 p.m. will be processed the same day; after 2 p.m., it will be processed the following day. Any order placed on Friday after 2 p.m., on Saturday and Sunday will be processed the following Monday. Orders placed on a holiday will be processed the next business day.

In the event that the delivery time is exceeded and is not justified by a case of force majeure, the Customer may request - if he/she so wishes - the cancellation of the sale and obtain a refund of the sums paid for the sale within a maximum period of thirty (30) days.

For orders outside of France, when the parcel intended for export reaches its destination, it will be the responsibility of the recipient to pay the taxes or customs duties that apply to the country of destination.

The local authorities can usefully inform the Customer.

VII. Warranty of conformity - Warranty of hidden defects

The Customer is required to check the conformity of the items received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as damaged package, missing item(s), deteriorated item(s), item(s) not conforming to the order (non-limitative list) must be notified within the legal time limits following receipt of the order.

This notification will be sent to THE OZ's customer service, by registered letter with acknowledgement of receipt, to the following address

HCG - MARIE SIXTINE
22 rue des Marronniers
94240 L'HAY LES ROSES

Or by using the contact form at the following address: https://marie-sixtine.com/pages/contactez-nous

When the Customer acts in legal guarantee of conformity, he :

- has a period of two (2) years from the delivery of the item concerned to act; and

- may choose between repairing or replacing the item concerned, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code.

After these legal deadlines, except for hidden defects, no claim will be accepted by THE OZ, the articles being then considered as conforming.

For any return of a non-conforming item, the Customer must respect the following procedure:

  • The Customer must attach to his package the return form previously completed and printed using the return form accessible from the Customer Area - "My Orders" section. No return will be accepted without the aforementioned return form duly completed.
  • Items must be returned either in their original packaging or in packaging that protects them against any deterioration with their label and any accessories that allow them to be sold again at the address mentioned below.

Returns or exchanges are accepted in store.

Return shipping is free for all orders over 100€.

When the non-conformity has been established, THE OZ will offer the Customer a refund of the price of the order (price of the item(s) and delivery costs) as well as the costs of returning the non-conforming item(s), at the latest within thirty (30) days from the date of sending the notification of the confirmation of the non-conformity by the customer service.

With regard to the reimbursement of the return costs, THE OZ refers to the price list posted by the Post Office on March 1st of the current year (Colissimo delivery without registered mail). The Customer must send proof of the return costs incurred to Customer Service, by email or by post (address above).

In case of abnormal or abusive complaints, THE OZ may refuse to serve a subsequent order.

This guarantee does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the articles.

In any event, the foregoing provisions are not exclusive of the application of the legal guarantee of hidden defects of articles 1641 and following of the Civil Code, in accordance with the provisions of article L. 217-4 of the Consumer Code. In this case, he may choose between the cancellation of the sale and a reduction of the sale price in accordance with Article 1644 of the Civil Code.

The Customer may exercise these guarantees by sending a request to the Customer Service Department at the following address

HCG - MARIE SIXTINE
22 rue des Marronniers
94240 L'HAY LES ROSES

Or by using the contact form at the following address: https://marie-sixtine.com/pages/contactez-nous

VIII. Right of withdrawal - Returns

In accordance with the legislation in force, and in particular articles L.221-18 to L. 221-28 of the Consumer Code, the Customer has a period of fourteen (14) days following receipt of the article to exercise his right of withdrawal, without having to justify his decision or incur any penalties.

In the case of an order for multiple items delivered separately or in the case of an order consisting of multiple lots or parts whose delivery is staggered over a period of time, the period runs from receipt of the last item in the lot or the last part.

For contracts providing for regular delivery of items over a defined period of time, the period shall begin upon receipt of the first item.

The Customer then has, in accordance with Article L.221-23 of the Consumer Code, a period of fourteen (14) days following notification of his decision to withdraw to return the item(s).

For any return under the right of withdrawal, the procedure below must be fully and scrupulously respected:

- The Customer must attach to his package the return form previously completed and printed using the return form accessible from the Customer area - "My Orders" section.

No return will be accepted without the aforementioned return form duly completed.

- Items must be returned in their original packaging, with their label and any accessories, in a condition that allows them to be sold immediately to the following address

HCG - MARIE SIXTINE
22 rue des Marronniers
94240 L'HAY LES ROSES

The risks and costs of return are the exclusive responsibility of the Customer, except for any order over 100€.

Subject to the above conditions, THE OZ will reimburse the amount of the returned items (price of the item(s)) excluding return shipping costs.

In the event that shipping costs were included in the amount of the order, these will be refunded at the minimum amount, i.e. 4.50€.

The Customer's bank account will be credited with the said amount, within eight (8) days following the request for return. This period may be extended until THE OZ has received the item(s) or proof of shipment.

IX. Intellectual property rights

The User acknowledges and agrees that all copyrights, trademarks and other intellectual property rights pertaining to all information or content appearing on the Site shall at all times be the property of THE OZ or of those who have granted it a license.

In this regard, the User of the Site is prohibited from extracting, representing, reproducing or, more generally, undermining all or part of the Site.

X. Protection of personal data - cookies

In the course of browsing or using the Site by the User, The OZ may process and collect personal data.

The privacy policy is an integral part of the T&Cs; it informs about the way THE OZ collects and processes personal data.

The Privacy Policy and the Cookie Policy can be found at: https://www.marie-sixtine.com/fr_fr//legal

In order to exercise the rights provided for by the regulations relating to personal data as explained in the said policy, each User may contact THE OZ :

XI. Amicable settlement of disputes

Under Article L. 612-1 of the Consumer Code "Any consumer has the right to have recourse free of charge to a consumer mediator for the amicable settlement of a dispute between him and a professional".

The disputes falling within the scope of article L. 612-1 of the Consumer Code are the disputes defined in article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional.

The text covers both national and cross-border disputes.

In application of the aforementioned articles and in accordance with the regulations in force, for any difficulty, THE OZ invites the Customer to contact it beforehand at the following address

HCG - MARIE SIXTINE
22 rue des Marronniers
94240 L'HAY LES ROSES

Or by using the contact form at the following address: https://marie-sixtine.com/pages/contactez-nous

In the year following the Customer's request to THE OZ services, in application of article R. 616-1 of the Consumer Code, the Customer may have his request examined by a mediator whose contact details are indicated below, knowing that a dispute may only be examined by one mediator, except in exceptional cases:

Center for Mediation and Arbitration - CMAP

http://www.cmap.fr

For any cross-border dispute:

European Consumer Centre France: europe-consommateurs.eu

The Customer may, at his own expense, be assisted by a counsel.

XII. Applicable law

The present GTC are governed by French law.

Any dispute arising from the formation, interpretation or execution of these GTCs shall fall under the exclusive jurisdiction of the courts of the jurisdiction of the Court of Appeal of Paris, notwithstanding multiple defendants or warranty claims.