Refund policy

Refund policy of the website www.marcantoinebarrois.com

applicable from 04/03/2024

 

ARTICLE 1. PARTIES

This refund policy is applicable between Marc-Antoine Barrois, SARL, share capital: A renseigner [capital] €, registered with the RCS of A renseigner [registrationState] in France on A renseigner [registrationDate], under the number A renseigner [companyRegistrationID], registered office: FR, telephone: A renseigner [phone], email: julien@moon-moon.fr, TVA non applicable, article 293B du CGI, hereinafter "the Publisher" and any individual or legal entity, private or public, registered on the Site to purchase a Product, hereinafter "the Customer".

ARTICLE 2. DEFINITIONS

"Customer": any individual or legal entity, private or public, registered on the Site.

"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

"Publisher": Marc-Antoine Barrois, SARL in its capacity as publisher of the Website.

"Internet User": any individual or legal entity, private or public, connecting to the Site.

"Product": goods of any kind sold on the Site by the Publisher to Customers.

"Site": website accessible at the URL marc-antoine-barrois.myshopify.com, as well as sub-sites, mirror sites, portals and URL variations relating thereto.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these terms and conditions. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, implies full acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

By doing so, the Internet user acknowledges that he/she is fully aware of these terms and conditions and accepts them without restriction.

Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the value of the Publisher's automatic recording systems as proof and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.

The present general terms and conditions are applicable to relations between the parties to the exclusion of all other conditions, in particular those of the Internet user.

Acceptance of these terms and conditions implies that Internet users have the necessary legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapacitated, or of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The purpose of the Site is to sell Products to Customers.

ARTICLE 5. ORDERING PROCESS

5.1. Order

To place an order, Internet users may select one or more Products and add them to their basket. Product availability is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the appropriate button.

5.2. Validation of the order by the Internet user

By consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen, and will be able to check their unit price, as well as their total price. They will be able to remove one or more Products from their basket.

If they are satisfied with their order, they can validate it. They will then be taken to a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form with their personal details.

5.3. Payment by the Customer

Once they have logged in or completed the registration form, Customers will be invited to check or modify their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface marked "order with payment obligation" or similar.

5.4. Order confirmation by the Publisher

Once payment has been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period of 24 hours. Within the same timeframe, the Publisher undertakes to send the Customer an e-mail summarizing the order and confirming that it has been processed, including all related information.

ARTICLE 6. PRICE - PAYMENT

6.1. Prices

The applicable prices are those displayed on the Site on the day the order is placed. These prices may be modified at any time by the Publisher. The prices displayed are valid only on the day the order is placed and have no effect for the future.

Prices shown on the Site are in euros, inclusive of all taxes, and exclusive of delivery charges.

6.2. Payment methods

The customer may pay by [paymentGateways].

In the case of payment by credit card, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank.

In the case of payment by money order, cheque or bank transfer, delivery times do not begin to run until the date of receipt of payment by the Publisher.

6.3. Invoicing

The Publisher will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Default of payment

Agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.

Any sum not paid on the due date will give rise, ipso jure and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the payability of the sums due in principal.

In addition, any delay in payment will result in the invoicing to the defaulting Customer of collection costs amounting to 40 euros, the immediate payment of all sums remaining due whatever the agreed deadlines, increased by an indemnity of 20% of the amount by way of penalty clause, as well as the possibility of unilaterally terminating the contract to the detriment of the Customer. This clause falls within the scope of the provisions of article 1152 of the French Civil Code, which allows the judge to reduce the indemnity if the judge deems it to be excessive.

6.5. Retention of title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with the present retention of title clause.

ARTICLE 7. COMPLAINTS - WITHDRAWAL - WARRANTY

7.1. Customer service

The Site's customer service is accessible from the site's contact page: A renseigner [afterSaleWebPage] or by email to A renseigner [afterSaleEmail] or by post to the address indicated in article 1 of these terms and conditions.

7.2. Right of withdrawal - Distance selling

The present article 7.2 applies to Customers who are consumers within the meaning of the preliminary article of the French Consumer Code.

7.2.1. Conditions for exercising the right of withdrawal

In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days in which to exercise his right of withdrawal without having to justify his decision or pay any penalties, with the exception, where applicable, of the cost of returning the goods.

The period referred to in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the supply of digital content not provided on a physical medium, or from receipt of the goods by the Customer or a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.

In the case of an order for several goods to be delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

If the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

The decision to withdraw from the contract must be notified to the Publisher at the address given in article 1 of these general terms and conditions, by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general terms and conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of the said withdrawal by e-mail as soon as possible.

7.2.2. Effects of the right of withdrawal

The Customer shall return or restitute the products to the Professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw.

When the right of withdrawal is exercised, the Professional is obliged to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. Where applicable, the Professional may defer reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, whichever is the sooner. Thereafter, the sum due shall automatically bear interest at the legal rate in force, as specified in article L. 242-4 of the French Consumer Code.

Where applicable, the Professional will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment, and insofar as the refund does not incur any costs for the Customer. However, the Professional is not obliged to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard one offered.

The direct costs of returning the Product are borne by the Customer. These costs are estimated at a maximum of A renseigner [maximumDirectCostsForReturns] euros if, due to its nature, the Product cannot normally be returned by post.

The Customer shall only be liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these terms and conditions.

7.2.3. Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts :

• the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the Customer and express renunciation of his right of withdrawal;
• the supply of goods made to the customer's specifications or clearly personalized;
• the supply of goods liable to deteriorate or expire rapidly;
• the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
• the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
• the supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
• maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by the Customer, within the limit of spare parts and work strictly necessary to respond to the emergency;
• the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
• supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
• concluded at a public auction ;
• the provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;
• the supply of digital content not provided on a physical medium, the execution of which has begun after the Customer's express prior agreement and express waiver of his right of withdrawal.

Similarly, the right of withdrawal does not apply to contracts that have been fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.

When validating the order for digital content independent of any material support before the expiration of the withdrawal period, the Customer's waiver of the right of withdrawal will be manifested by checking the box corresponding to the following sentence: "I expressly waive my 14-day right of withdrawal for Products delivered". The Customer will then receive confirmation by e-mail of his or her waiver of the right of withdrawal.

When validating the order for a service, the Customer's waiver of the right of withdrawal will be indicated by ticking the box corresponding to the following sentence: "I expressly waive my 14-day right of withdrawal for the services I will receive before the end of this period". The Customer will then receive confirmation by e-mail of his or her waiver of the right of withdrawal.

The Customer who has exercised his right of withdrawal from a contract for the provision of services, the performance of which has begun, at his express request, before the end of the withdrawal period, shall pay the Professional an amount corresponding to the service provided until communication of his decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.

7.3. Cancellation of the contract at the Customer's initiative

The consumer customer may cancel the contract by registered letter with acknowledgement of receipt if the delivery date exceeds seven days. In this case, the customer will be reimbursed for any sums paid at the time of ordering.

The present clause is not intended to apply if the delay in delivery is due to force majeure. In such a case, the Customer undertakes not to take any legal action against the Publisher and waives the right to invoke the cancellation of the sale provided for in the present article.

7.4. Warranties

7.4.1. Warranty for defects and apparent faults

It is the Customer's responsibility to check that the Products are in good condition at the time of delivery. This verification must include the quality, quantities and references of the Products, as well as their conformity to the order. No complaint will be taken into account after a period of three days from delivery. In any event, any complaint concerning the delivered packages will only be taken into account if the Customer, in his capacity as a trader, has expressed reservations to the carrier in accordance with articles L. 133-3 et seq. of the French Commercial Code.

7.4.2. Warranty for defects and hidden faults

7.4.2.1. Legal warranties

Customers are covered by a legal warranty of delivery in conformity (article 1604 of the French Civil Code), a legal warranty against hidden defects (articles 1641 et seq. of the French Civil Code) and a safety warranty (articles 1245 et seq. of the French Civil Code).

Customers who are consumers also benefit from a legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code).

7.4.2.2. Conventional warranty

In addition to the legal warranty, Products are covered by a conventional warranty of conformity on French territory, for a period of 1 year from delivery of the Product.

7.4.2.3. Return

In order to invoke the warranty, it is the Customer's responsibility to return the Product to the address of the Publisher's head office, accompanied by an explanatory letter requesting either repair, exchange or reimbursement.

In any event, the Customer is requested to follow the Publisher's instructions concerning the return of Products.

The cost of returning the Product remains at the Customer's expense, except in the case of consumer Customers making use of the guarantee of conformity under articles L. 217-4 et seq. of the French Consumer Code.

The consumer customer has a period of 2 years from delivery of the goods to take action against the seller. In this respect, they may choose between repairing or replacing the Product, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code. Lastly, the Customer is exempt from having to prove the existence of the Product's lack of conformity during the 24 months following delivery of said Product, except in the case of second-hand goods.

Where applicable, the legal warranty of conformity applies independently of the commercial warranty.


When the consumer customer decides to invoke the warranty for latent defects, he may choose between rescission of the sale or a reduction in the sale price.

ARTICLE 8. FINAL STIPULATIONS

8.1. Applicable law

These general terms and conditions are subject to French law.

8.2. Modifications to these terms and conditions

The present terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of the Customer's order or connection to the present Site, and any new connection to the personal area implies acceptance of the new general terms and conditions, if applicable.

8.3. Disputes

Pursuant to Ordinance no. 2015-1033 of August 20, 2015, all disputes with a Consumer Customer that may arise in connection with the performance of these general terms and conditions and for which no amicable solution has previously been found between the parties must be submitted.

In addition, the Consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Since January 1, 2016, mediation has been mandatory for all. Thus, any professional selling to individuals, is required to communicate the contact details of a competent Mediator in the event of a dispute, and this regardless of whether they sell remotely or in a physical store (Source: FEVAD).

to our mediation service / to our mediation service

8.4. Entire

The nullity of one of the clauses of the present contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the nullified stipulation by a valid stipulation corresponding to the spirit and purpose of the present contract.

8.5. Non-waiver

The Publisher's failure to exercise any of its rights hereunder shall in no event be construed as a waiver of such rights.

8.6. Telephone canvassing

The Customer is hereby informed that he/she may register on the "opposition to telephone canvassing" list at http://www.bloctel.gouv.fr/.

8.7. Languages of these general terms and conditions

These general terms and conditions are available in French.

8.8. Abusive clauses

The stipulations of the present terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.

ARTICLE 9. LEGAL NOTICE

In accordance with the provisions of the AGEC law (Anti-Waste for a Circular Economy), our unique identifier number is FR397207_01IHPM.