GENERAL CONDITIONS OF SALE AND USE

PREAMBLE

The following provisions establish the general conditions of sale of the products offered for sale on the site https://www.maredilatte.com (hereinafter “the Site”) by:

The company MDL INVEST, a simplified joint-stock company, with capital of 2,606,325 euros, whose registered office is located at RTE DE CANAL DI MELO 20620 BIGUGLIA, registered in the BASTIA trade and companies register under number 831 152 384

VAT No.: FR9383 115 2384

Such. : 04.95.61.88.35 - Fax: 00.00.00.00.00

E-mail: commercial@maredilatte.com / compta@maredilatte.com

(Hereinafter referred to as “MARE DI LATTE”)

It is specified that the Products are reserved for individuals and intended for personal use by the Customer, unrelated to professional use by the latter.

The sale of Products is only available in French.

ARTICLE 1 - PURPOSE

The purpose of these general terms and conditions of sale is to define the terms of distance selling between MARE DI LATTE and any non-commercial natural person over the age of 18 (hereinafter "the Customer") making a purchase on the Site. MARE DI LATTE reserves the right to carry out (i) any checks concerning the age of Customers and (ii) to cancel any order that does not meet the conditions set out in these general terms and conditions of sale, without this incurring any liability.

Likewise, the creation of a customer account is reserved for any natural person aged at least 18 years.

These terms and conditions are written in French. They specify in particular the various steps required for the Customer to place an order, the payment and delivery terms, and specify the tracking of the Customer's order.

Any order for Product(s) offered on the Site implies the Customer's acceptance of these general terms and conditions of sale. These general terms and conditions of sale constitute all contractual provisions concluded between MARE DI LATTE and the Customer, to the exclusion of any other clause or document exchanged between the parties, unless expressly agreed otherwise.

ARTICLE 2 - PRODUCTS

2.1 PRESENTATION OF PRODUCTS

The products offered for sale by MARE DI LATTE (hereinafter “the Products”) are those appearing on the Site on the day of consultation by the Customer and within the limits of available stocks.

Product availability information will be provided at the time the order is placed.

The Products are presented by means of an information sheet (Product name, composition, photo and price) prepared with the maximum accuracy and precision in order to allow for the most faithful and complete description. However, given the digital presentation method of the Products on the Internet, it is possible that the Customer's perception of the photographic representation of the Products does not correspond exactly to the Product itself.

2.2 COMPOSITION AND ADVICE FOR USE OF THE PRODUCTS

Information relating to the composition and/or advice on use of the Products is available on the sheet for each Product.

MARE DI LATTE undertakes to deliver Products that meet the requirements in force relating to the safety and health of people in accordance with European provisions, and in particular the legislation on chemical substances with regulated content.

The Customer is solely responsible for the choice of Products, their storage and their use.

ARTICLE 3 - PRICE

The prices of the Products are those appearing on the Site on the day of consultation by the Customer and within the limits of available stocks.

Product prices are quoted in euros and include all taxes, excluding delivery charges, which remain the responsibility of the Customer unless otherwise stated or otherwise provided. The same applies to taxes and customs duties that may be applied to the order by the customs services of countries outside the European Union.

The amount of additional delivery costs is indicated to the Customer when paying the price.

The Products remain the property of MARE DI LATTE until full payment of the price.

ARTICLE 4 - ORDER

Any order constitutes acceptance of the prices and description of the Products available for sale.
MARE DI LATTE undertakes to honor orders received on the Site only within the limits of available stocks of the Products. In the event that one or more ordered products are unavailable, MARE DI LATTE undertakes to inform the Customer by email as soon as possible. The Customer's order for an unavailable product will then be automatically canceled.

MARE DI LATTE reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or who presents any form of risk.

Placing an order by the Customer implies their full and unreserved acceptance of these general terms and conditions of sale, to the exclusion of all other general terms and conditions of sale, in particular those in force in the stores where the Products are available.

4.1 PLACING AN ORDER

The Customer completes his order by completing the following steps:

The Customer selects the Products, determines the size and color and then adds them to their basket. Access to the basket is possible at any time to modify or validate it;
the Customer logs into his Customer account or creates it or uses the ordering method without creating an account, it being specified that the Customer may create an account after placing the order if he wishes;
the Customer checks the details of their basket, they can, if they have one, apply a gift code, then validate their basket after having chosen their delivery method;
the Customer enters his full contact details;
when validating the order summary, the Customer expressly accepts the general conditions of sale in force on the Site;
The Customer chooses their shipping method and payment method and is then redirected to the secure payment site where they enter their bank details.

The Client's final acceptance is therefore materialized by the validation of their bank details (bank card number, expiry date and cryptogram).

This banking information is known only to the payment service provider selected by MARE DI LATTE.

4.2 ORDER CONFIRMATION

Within one hour of placing their order, the Customer will receive an email confirming:
- registration of his order,

- details of the Products ordered,

- his personal data including the delivery address,

- that his card will be debited at the time of the order.

4.3 ARCHIVING THE ORDER

The Customer's shopping cart is archived and kept for future orders for a period of 2 days, even in the event of an internet connection interruption. However, in order to access their archived shopping cart, the Customer must reconnect to the Site using the same computer with the same IP address used to connect to the service.

Order details are archived in accordance with Article L 213-1 of the French Consumer Code, for a period of ten years on a secure server. However, no credit card number is stored.

The Customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.

4.4 MODIFICATION OR CANCELLATION OF ORDER

Until the order is finalized by the Customer's payment confirmation, the Customer can make changes and update their shopping cart. They can change the quantity, delete an item, or simply continue shopping. To do this, simply click on the "Shopping Cart" section and make the desired changes.

However, once the payment has been validated, the transaction is recorded and no recourse or modification online on the Site is possible. The Customer must comply with Article 7 below.

ARTICLE 5 - PAYMENT CONDITIONS

5.1 PAYMENT BY BANK CARD OR PAYPAL ACCOUNT

Payment is made online, at the Customer's choice:

- by credit card at the time the Customer places the order. The following cards are accepted: Carte Bleue, Visa, Mastercard, Carte Bleue, Visa, Mastercard, issued in member countries of the European Union, which must include the 3D Secure verification system. (In the event of problems encountered with 3D Secure, the Customer must contact their bank);

- by Paypal, Paypal's general terms of use apply. This solution protects the information that customers communicate to MARE DI LATTE and guarantees the compliance and security of each transaction.

The bank account corresponding to the bank card used for payment will be debited no later than 5 days after placing the order, in the local currency.

MARE DI LATTE reserves the right to cancel any order that presents, during verification of bank details by the payment service provider, a risk of fraudulent use of a bank card, or in the event of refusal of payment authorization by banking institutions. In addition, MARE DI LATTE reserves the right to refuse to honor an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.

All costs related to the aforementioned payment methods are the final responsibility of the Customer, it being specified that MARE DI LATTE is not responsible for any cost of any nature whatsoever, generated by the payment method selected by the Customer.

5.2 PAYMENT SECURITY

All purchases made on the Site are protected and secure 24 hours a day, 7 days a week.

By clicking on the bank card of their choice, the Customer is directed to the secure PAYPLUG payment site, which integrates the PCI DSS security standard. When paying, the Customer enters their card number, its expiration date, and the cryptogram on the back of their bank card. The Customer's bank verifies their identity using the 3D Secure system.

This data is automatically transmitted in encrypted mode (PCI DSS protocol) to be verified to prevent abuse and fraud.

ARTICLE 6 - DELIVERY CONDITIONS

6.1 DELIVERY AREAS

MARE DI LATTE delivers all orders to destinations worldwide. MARE DI LATTE relies on Chronopost and Colissimo to ensure your orders are delivered on time. The customer is informed of the delivery date and time via the service provider's platform. MARE DI LATTE cannot be held responsible for the quality of the delivery.

The Customer, upon receipt of his order, must check the external appearance of the package and, if necessary, make any reservations to the carrier.

For delivery, MARE DI LATTE offers you:

COLISSIMO SIGNATURE

Home delivery - your package will be delivered to you upon signature. If you are absent, it can be collected from your local post office. You have 10 business days from the date your package arrives at the post office to collect it. After this period, it will be returned to MARE DI LATTE.

In all cases, you will be informed by email 24 hours before delivery of your package.

CHRONOPOST

Express delivery and parcels to relay points.

FOR ANY OTHER CARRIER REQUEST, YOU CAN CONTACT US DIRECTLY.

6.2 DELIVERY TIMES

The average delivery time includes:

Orders are processed Monday to Friday (excluding public holidays), with an average time of 48 to 72 hours. During certain periods (particularly during sales and other commercial operations), the processing time may be longer due to the larger number of orders to be processed.
Transport times charged by La Poste (Chronopost or Colissimo).

Consequently, the delivery time, including transport, is 7 to 9 working days.

The Customer automatically receives an email informing them of the shipment and tracking of their order.

To track your order:

Log in to your account,
Go to the “My Orders” section,
Check the status of your order
Once the order has been shipped, you can easily track it by following the connection link contained in the information email from the Post Office

If the Customer did not create an account when ordering, they can track the shipment by clicking on the connection link contained in the email from La Poste.

In the event that the delivery deadline is exceeded due to MARE DI LATTE, and not justified by a case of force majeure (see article 11 of these general terms and conditions of sale), the Customer may, in accordance with article L.216-2 of the Consumer Code, terminate the sale by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having ordered MARE DI LATTE, according to the same terms, to make the delivery within a reasonable additional period, it has not been carried out within this period. The sums paid by the Customer will then be fully refunded.

6.3 FLAT RATE DELIVERY CHARGES

Delivery costs are charged in addition to the price of the Products.

The amount of these delivery costs depends on the location and delivery method chosen (Chronopost – colissimo) (link to the price list)

In any event, the Customer will be informed of the amount of the delivery costs before validation and payment of his order.

ARTICLE 7 - CASE OF RETURN OF ORDERED PRODUCTS

7.1 THE RIGHT OF WITHDRAWAL

1/ Deadline:

In accordance with Article L 221-18 of the Consumer Code, the Customer has the right to withdraw from this contract without giving any reason within fourteen days, it being specified that the return costs are the responsibility of the Customer:

- In the event of a single delivery, the withdrawal period expires fourteen days after the day on which the Customer or a third party other than the carrier and designated by the Customer, takes physical possession of the goods;
- In the event of multiple deliveries for the same order, the withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last good.

After these deadlines, the delivered items will be deemed accepted by the Customer.

2/ How to exercise your right:

To exercise his right of withdrawal, the Customer must notify MARE DI LATTE of his decision to withdraw from the Order by means of an unambiguous declaration (for example, a letter sent by post or email).

The Customer may use the model withdrawal form available below or any other unambiguous statement.

In accordance with legal provisions (articles L.221-21 et seq. of the Consumer Code), if you wish to exercise your right of withdrawal, you can use this form, under the following conditions:

Complete and sign this withdrawal form,
Send it by post or email, within 14 days according to the starting points mentioned above.

In order to facilitate the processing of your withdrawal, we strongly recommend that all Customers indicate their order number, as well as their email address (for those making their return using a paper form).

Form Template:

To the attention of MARE DI LATTE - ZA TRAGONE - Chemin du canal de melo - local 12, 20620 BIGUGLIA

Email: client@maredilatte.com

I hereby notify my withdrawal from the contract for the sale of the goods below:

[indicate the product(s) for which you are exercising your right of withdrawal]

Ordered on [_____] (*) / received on [______] (*)

[complete with the corresponding dates, and (*) delete the unnecessary mention]

Consumer Name:

Consumer address:

Consumer signature (only if this form is notified on paper):

Date :

3/ Reimbursement

If the Customer has already received his/her order, MARE DI LATTE will reimburse the Customer for all payments received for the Order, including delivery costs, without undue delay, and in any event, no later than 14 (fourteen) days from the day on which MARE DI LATTE is informed of the Customer's decision to withdraw from his/her order.

Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

MARE DI LATTE, however, reserves the right to defer reimbursement until it has received the returned products or when the Customer has provided proof that the Product has been reshipped, the date retained being that of the first of these events.

If the order has not yet been shipped, MARE DI LATTE will reimburse the Customer for all payments received for his Order without undue delay and in any event, no later than 14 (fourteen) days from the day on which MARE DI LATTE is informed of its decision by the Customer.

In the event of a partial return of the Products ordered or an error in the delivery address by the Customer, the initial delivery costs will not be refunded.

The refund will be made by credit to the Customer's bank account corresponding to the bank card used to pay for the order or by the PAYPAL account if the order was paid via PAYPAL.

In any event, this reimbursement will not incur any costs for the Customer.

4/ How to return your Product:

The Customer may return his/her package no later than 14 (fourteen) days after having notified MARE DI LATTE of his/her decision to withdraw from the Order. This deadline is deemed to have been respected if the Customer returns the Product before the expiry of the 14-day period by post, to the following address:

SEA OF MEAT

Tragone Industrial Zone, Local 12,

Canale di Melo Road

20620 BIGUGLIA

It is the Customer's responsibility to provide proof of this return.

7.2 THE EXCHANGE

All exchanges must be the subject of an Exchange Request sent to the address client@maredilatte.com . The Customer may make only one exchange request per order. If the order includes several items, the Customer must specify all the items they wish to exchange in this exchange request.

The exchange can only be for a product of the same price or a lower price.

The exchange request must include the following elements:

the order number;
the name and address of the Customer;
the reason for the exchange;
the name of the product being exchanged;
the name of the product desired in exchange and its size.

After making the exchange request, the Customer uses the return slip included in the initial package to return the product.

Upon receipt of the initial product, MARE DI LATTE undertakes to send you the exchanged product, as well as a free return voucher.

7.3 CONDITION OF RETURNED OR EXCHANGED PRODUCTS

Returned Product(s) (including for exchange) must be new, unused and, where applicable, in their original box (shoes or specific accessories). Any item returned soiled and/or damaged cannot be returned.

Upon receipt of the package, MARE DI LATTE will assess the perfect condition of the returned Product(s). No returns will be accepted if the returned Products have been visibly used or damaged by the Customer, such use or damage rendering the Products unfit for sale.

If the return is refused by MARE DI LATTE, the Products will then be returned to the Customer, where applicable, at the latter's expense without the latter being able to demand any compensation or right to reimbursement, with the exception of the subsequent exercise of its warranty rights on the Products sold.

7.4 LEGAL GUARANTEE OF PRODUCT CONFORMITY AND GUARANTEE OF HIDDEN DEFECTS

All Products benefit from the legal guarantee of conformity (articles L.217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code), allowing the Customer in particular to return to MARE DI LATTE any Products delivered defective or non-compliant.

- Article L.217-4 of the Consumer Code:

The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

- Article L.217-5 of the Consumer Code: “The good conforms to the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L.217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”

Article 1648 paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”

It is recalled that within the framework of the legal guarantee of conformity, the Customer:

- has a period of two years from delivery of the goods to take action against the seller;

- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to 24 months from March 18, 2016, except for used goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover your property.

It is recalled that the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
In the event of delivery to the Customer of a Product that does not comply with the order or reveals a hidden defect, the Customer must return the Product to MARE DI LATTE, in accordance with the terms set out in article 7.1, 4°.

In this case, the Customer may, at his choice, ask MARE DI LATTE:

either to be delivered a Product identical to that ordered, within the limits of available stocks;
either to be delivered a Product of equivalent quality and price, within the limits of available stocks;
or to be reimbursed for the price of the Product ordered and any initial and return delivery costs. This reimbursement will be made within fifteen (15) days of receipt by MARE DI LATTE of the returned Product, by credit to the Customer's bank account used to pay for the order or by PayPal account if the order was paid via PayPal. MARE DI LATTE will reimburse the returned Product at the invoiced price, the delivery costs, in the case of a return of the entire order, and the return costs. In the event of a partial return of the Products, the initial delivery costs will not be reimbursed.

In any event, these provisions do not deprive the Customer of the possibility of exercising his right of withdrawal, as indicated in article 7.1 above.

ARTICLE 8 - COMPLAINTS - INFORMATION

For any information, questions or advice, MARE DI LATTE Customer Service is available to the Customer by email at the following address: client@maredilatte.com , Monday to Friday from 9:30 a.m. to 1 p.m. and from 2 p.m. to 5 p.m. and at 04 95 61 88 35.

Generally speaking, it is expressly agreed that electronic mail will be authentic between the parties, as will the automatic recording systems used on the Site, in particular with regard to the nature and date of the order.

ARTICLE 9 - DATA PROTECTION AND FREEDOM

MARE DI LATTE complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (the “GDPR”).

Furthermore, in accordance with Article L223-2 of the Consumer Code, MARE DI LATTE informs you of your right to register on a list to oppose telephone canvassing www.bloctel.gouv.fr

ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS

All elements of the Site, whether visual or audio, including the underlying technology, are the exclusive property of MARE DI LATTE and benefit from both copyright protection and the protection conferred by the provisions relating to trademark law.

The total or partial reproduction of any of these elements, on any medium whatsoever and for any reason whatsoever, without the prior and express consent of MARE DI LATTE is strictly prohibited.

ARTICLE 11 - FORCE MAJEURE

In the event of force majeure, as defined by the case law of the French Courts and Tribunals, the performance of MARE DI LATTE's services will be suspended in whole or in part.

Force majeure means any external, unforeseeable and insurmountable event preventing MARE DI LATTE from fulfilling its contractual obligations. In the event of the occurrence of an event qualified as force majeure according to the preceding paragraph, MARE DI LATTE undertakes to notify the Customer as soon as possible.

ARTICLE 12 - LIMITATION OF LIABILITY

Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or transfers of information, risks of disconnection, risks of contamination by viruses circulating on the network and, in general, all risks linked to the use of the Internet network.

MARE DI LATTE cannot therefore be held liable under any circumstances for any direct or indirect damage resulting from misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of the servers, the telephone line or any other technical connection, the Customer's connection to the Site being under his/her sole responsibility.

ARTICLE 13 - MODIFICATION AND VALIDITY OF THE GENERAL CONDITIONS OF SALE

These general conditions of sale are applicable as long as they appear on the Site.
MARE DI LATTE reserves the right to modify these terms and conditions at any time. In such cases, the new general terms and conditions of sale will only apply to orders placed after this modification.

The fact that MARE DI LATTE refrains, at a given time, from demanding the execution of any of the provisions of these general conditions of sale, cannot be interpreted as a waiver of the right to subsequently invoke said total or partial non-execution.

If any of the provisions of these general conditions of sale is declared null and void in whole or in part, the other provisions and the other rights and obligations arising from these general conditions of sale will remain unchanged and will remain applicable.

ARTICLE 14 - DISPUTE AND APPLICABLE LAW

These general conditions of sale are subject to French law.

Any dispute which may arise between the Parties due to the formation, interpretation, execution and/or termination of these terms and conditions and, more generally, any dispute resulting from these terms and conditions shall, in the absence of an amicable settlement, fall under the jurisdiction of Bastia.

The Customer is informed that in the event of failure to reach an amicable settlement with the MARE DI LATTE consumer service, he may, in accordance with Articles L612-1 et seq. and R612-1 et seq. of the Consumer Code, submit his dispute free of charge, electronically or by post, to a mediator who will attempt, in complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution.

In accordance with Article 14 of Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes, the Customer is informed that the European Commission has set up the online dispute resolution platform for consumer disputes accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR