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, simplified joint stock company, with capital of 2,606,325 euros whose head 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 number: 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 the personal use of the Customer, unrelated to their professional use. 

The sale of Products is accessible only in French.

ARTICLE 1: OBJECT

The purpose of these general 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 delete any order which does not meet the conditions set out in these general conditions of sale, without this being incur responsibility. 

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

These documents are written in French. They specify in particular the different steps necessary for the Customer to place the order, the payment and delivery terms, and specify the follow-up of the Customer's order.

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

ARTICLE 2 - PRODUCTS

2.1 PRODUCT PRESENTATION

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

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

The Products are presented by means of an information sheet (Product wording, composition, photo and price) developed with the maximum accuracy and precision in order to allow 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 PRODUCTS

Information relating to the composition and/or instructions for use of the Products is available on the information 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 conservation 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.

The prices of the Products are indicated in euros and are inclusive of VAT, excluding delivery costs which remain the responsibility of the Customer unless otherwise stated or special conditions. The same goes for taxes and customs duties which could 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 absence of availability of one or more product(s) ordered, MARE DI LATTE undertakes to inform the Customer by e-mail 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 full and unreserved acceptance of these general conditions of sale, to the exclusion of all other general conditions of sale and in particular those in force in the stores where the Products are available.

4.1 PLACING AN ORDER

The Customer materializes his order by completing the following steps:

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

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

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

4.2 ORDER CONFIRMATION

Within an hour of placing their order, the Customer will receive an e-mail confirming:
- recording your order,

- details of the Products ordered,

- their personal data including the delivery address,

- that their card will be debited at the time of ordering.

4.3 ARCHIVING THE ORDER

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

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

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

4.4 MODIFICATION OR CANCELLATION OF ORDER

As long as the order is not finalized by validation of payment by the Customer, the latter can make changes and upgrade their basket. He can thus modify a quantity; delete an item or simply continue shopping. To do this, simply click on the “Basket” 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 order is placed by the Customer. The following cards are accepted: Carte Bleue, Visa, Mastercard, Carte Bleue, Visa, Mastercard, issued in member countries of the European Union, necessarily integrating the 3D Secure verification system. (In the event of problems encountered with 3D Secure, the Customer must contact their bank);

- by Paypal, the general conditions of use of Paypal 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 an order which, during verification of bank details by the payment provider, presents a risk of fraudulent use of a bank card, or in the event of refusal of authorization. payment from banking organizations. In addition, MARE DI LATTE reserves the right to refuse to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

All costs linked 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 SECURITY OF PAYMENTS

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

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

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

ARTICLE 6 - DELIVERY CONDITION

6.1 DELIVERY ZONES

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

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

For delivery, MARE DI LATTE offers you:

• COLISSIMO SIGNATURE

Delivery to your home - your package is given to you against signature. In case of absence, it can be made available to you in the post office to which you are attached. You therefore have 10 working days from the arrival of your package at the post office to collect it. After this period, it will be returned to MARE DI LATTE.

In all cases, you are informed, by e-mail, 24 hours before the delivery of your package.

• CHRONOPOST

Express delivery and parcels to relay point.

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 (except public holidays), within an average time of 48 to 72 hours. At certain periods (notably during sales and other commercial operations), the processing time may be longer due to the greater number of orders to be processed. 
• Transport times used by the Post Office (Chronopost or Colissimo). 

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

The Customer automatically receives an e-mail informing them of the shipment and tracking of their order.

To track your order:

• Sign into 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 Post Office information email

If the Customer has not created an account when ordering, he or she will be able to track the shipment by clicking on the connection link contained in the Post Office email.

In the event of exceeding the delivery deadline due to MARE DI LATTE, and not justified by a case of force majeure (see article 11 of these general conditions of sale), the Customer may, according to article L.216-2 of the Consumer Code proceed to the resolution of the sale by registered letter with request for acknowledgment of receipt or by writing on another durable medium, if, after having ordered MARE DI LATTE, according to the same terms, to carry out the delivery within a reasonable additional period, it was not executed within this period. The amounts paid by the Customer will then be fully refunded.

6.3 FLAT-MAT ​​DELIVERY COSTS

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 case, the Customer will be informed of the amount of delivery costs before validation and payment of their 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 a 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 items delivered 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 the Order by means of an unambiguous declaration (for example a letter sent by post, or e-mail).

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

In accordance with legal provisions (articles L.221-21 et seq. of the Consumer Code), if you wish to use 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 depending on the departure points 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 by paper form).

Form model:

To the attention of MARE DI LATTE – 2 rue Joseph PIETRI – 20137 PORTO VECCHIO

Email: client@maredilatte.com

I hereby notify my withdrawal from the contract relating to the sale of the property 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]

Consumer name:

Consumer address:

Signature of the consumer (only if this form is notified on paper):

Date :

3/ Reimbursement

If the Customer has already received his 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 from the day MARE DI LATTE is informed of the Customer's decision to withdraw from their 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 to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known 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 chosen then being that of the first of these facts.

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

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

Reimbursement 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 case, this reimbursement will not incur any costs for the Customer.

4/ How to return your Product:

The Customer may return his package no later than 14 (fourteen) days after he has communicated to MARE DI LATTE his decision to withdraw the Order. This deadline is deemed to be respected if the Customer returns the Product before the expiration of the 14-day period by post, to the following address

MARE DI LATTE

ZI of Tragone, Local 12,

Canale di Melo road

20620 BIGUGLIA

It is up to the Customer to provide proof of this return. 

7.2 THE EXCHANGE

Any exchange 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, he must specify during this exchange request all the items he wishes to exchange. 

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 returns slip present 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 slip.

7.3 CONDITION OF RETURNED OR EXCHANGED PRODUCTS

The Product(s) returned (including as part of an 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 judge 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, this 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 AGAINST 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 in particular the Customer to return to MARE DI LATTE Products delivered defective or non-compliant.

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

The seller delivers goods in conformity with 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 his responsibility by the contract or has been carried out under his responsibility.

- Article L.217-5 of the Consumer Code: “The good complies with 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 possesses the qualities that the latter presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations 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 two years from the delivery of the good.”

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 to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them.

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

Please note that as part of the legal guarantee of conformity, the Customer:

- benefits from a period of two years from delivery of the goods to act vis-à-vis its seller;

- can choose between repairing or replacing the item, 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 second-hand goods.

The legal guarantee of conformity applies independently of the commercial guarantee which may potentially cover your property.

It is recalled that the Customer can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code and that in this case, he can choose between cancellation 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 conform to the order or reveals a hidden defect, the Customer must return the Product to MARE DI LATTE, according to the terms provided for 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 from 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 the PayPal account if the order was paid via PayPal. MARE DI LATTE reimburses the returned Product at the invoice price, the delivery costs, in the case of a return of the entire order, and the return costs. In the event of partial return of Products, the initial delivery costs will not be refunded.

In any case, 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.

In general, there is an express agreement that emails will be authentic between the parties as will the automatic recording systems used on the Site, particularly as to the nature and date of the order.

ARTICLE 9 - COMPUTING AND FREEDOM

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

In addition, in accordance with article L223-2 of the Consumer Code, MARE DI LATTE informs you of your right to register on a list opposing 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 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 French courts and tribunals, the execution 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 performing 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 the 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 outages, 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 under any circumstances be held responsible for any direct or indirect damage resulting from misuse or incidents linked to the use of the computer, access to the Internet, maintenance or malfunction of the servers, the telephone line or any other technical connection, the Customer's connection to the Site being made under his entire 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 them at any time. Where applicable, the new general conditions of sale will only be applicable to orders placed after this modification.

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

If any of the provisions of these general conditions of sale is declared 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 presents and, more generally, any dispute resulting from these presents will, in the absence of amicable settlement, be the responsibility of 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 can, in accordance with articles L612-1 et seq. and R612-1 et seq. of the Consumer Code, submit free of charge by electronic or postal, his dispute to a mediator who will attempt, with 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 relating to the online settlement of consumer disputes, the Customer is informed that the European Commission has set up the platform for the online settlement of consumer disputes accessible by the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR