Terms of sale

General Terms and Conditions of Sale to Consumers

Maison Alexandre Mareuil

Article 1 – Purpose and scope

These General Terms and Conditions of Sale (hereinafter the “GTCS”) govern all sales concluded between the company Alexandre Mareuil and any consumer acting for non-professional purposes.

They apply to sales made:

• on the Alexandre Mareuil website;
• by mail order;
• by telephone;
• in store;
• at events, trade fairs or commercial exhibitions organised by or attended by Alexandre Mareuil.

These GTCS apply to the exclusion of all other conditions, unless otherwise agreed in writing in advance by the company Alexandre Mareuil.

The Customer declares that they have read these GTCS before placing any order and have accepted them without reservation.

The applicable GTCS are those in force on the date of the order.

For orders involving personalisation or made-to-measure manufacturing services, these GTCS are supplemented by the Special Conditions for Made-to-Measure Manufacturing and Personalisation provided to the Customer before their order is validated.

In the event of any conflict between these GTCS and the Special Conditions for Made-to-Measure Manufacturing and Personalisation, the latter shall prevail.

Article 2 – Identity of the seller

The products offered for sale are sold by:

ALEXANDRE MAREUIL
Company with a share capital of 1,363,791 euros

Registered office:
1 avenue du Millac
33370 Artigues-près-Bordeaux
France

RCS Bordeaux: 472 203 777
Telephone: +33 (0)5 56 06 00 21
Email address: mail@alexandremareuil.com

Hereinafter referred to as “Alexandre Mareuil”, “the Maison” or “the Seller”.

Article 3 – Products and characteristics

The products offered for sale are those shown on the Alexandre Mareuil website on the day the Customer consults it.

Alexandre Mareuil endeavours to present and describe its products as accurately as possible.

The photographs, illustrations, visuals, videos, descriptions, dimensions or graphic representations appearing in communication materials, catalogues or on the website are provided for information purposes only and have no contractual value.

Given the artisanal nature of the manufacturing process and the use of natural materials, the products may display:

• variations in shade;
• differences in grain;
• nuances of colour;
• natural irregularities;
• natural scars or markings;
• variations in texture or suppleness.

These characteristics are inherent in the materials used and contribute to the authenticity of Alexandre Mareuil creations.

They do not constitute defects of conformity and cannot justify the cancellation of an order, an exchange or a refund.

As each piece is made by hand, slight variations may also exist between several items of the same model.

Article 4 – Availability of products

Product offers and prices are valid for as long as they are visible on the website and while stocks last.

Given the artisanal manufacture of certain products, certain items may be:

• made to order;
• made in limited editions;
• temporarily unavailable.

In the event of total or partial unavailability of a product after an order has been validated, Alexandre Mareuil will inform the Customer as soon as possible.

The Customer may then:

• accept a new lead time;
• accept a replacement product;
• request the cancellation of the order concerned and the refund of the sums paid for the unavailable products.

The refund will be made as soon as possible and at the latest within fourteen days of the decision to cancel.

Article 5 – Creation and management of the customer account

Placing an order on the website may require the creation of a customer account.

The Customer undertakes to provide accurate, complete and up-to-date information.

The Customer remains solely responsible for:

• the accuracy of the information provided;
• the confidentiality of their login details;
• the use of their account.

Any order placed from the Customer's account is deemed to have been placed by the Customer.

Alexandre Mareuil cannot be held liable for any fraudulent use of the Customer's account resulting from the Customer's negligence.

The Customer may at any time request the deletion of their account, provided that all orders in progress have been fully performed.

Article 6 – Orders and formation of the contract

6.1 Ordering process

Any order implies full and complete acceptance of these GTCS.

The Customer selects the products they wish to purchase and then validates their basket.

Before final validation of the order, the Customer has the opportunity to:

• check the details of their order;
• correct any errors;
• change the quantities selected;
• see the total amount of their order.

Final validation of the order constitutes a firm commitment by the Customer.

6.2 Order confirmation

After the order has been validated, Alexandre Mareuil sends the Customer an acknowledgement of receipt by email.

This acknowledgement of receipt does not constitute final acceptance of the order.

The contract of sale is only formed upon:

• the order confirmation sent by Alexandre Mareuil; or
• the commencement of performance of the order.

Alexandre Mareuil reserves the right to refuse or cancel any order, in particular in the event of:

• incomplete information;
• an obvious error in the displayed price;
• exceptional unavailability;
• suspected fraud;
• a previous dispute with the Customer;
• an order of an abnormal nature.

In this event, any sums paid will be refunded in full.

6.3 Proof of the transaction

The computerised records kept in Alexandre Mareuil's computer systems shall be deemed to constitute proof of the communications, orders and payments made between the parties.

Order confirmations, invoices and electronic exchanges may be produced as evidence in the event of a dispute.

6.4 Archiving

Orders and invoices are archived on a reliable and durable medium in accordance with the applicable legal provisions.

The Customer may request access to these documents under the conditions laid down by the regulations in force.

Article 7 – Prices

The prices displayed on the Alexandre Mareuil website are expressed in euros (€).

For sales made within the European Union, prices are shown inclusive of all taxes (TTC).

For sales made outside the European Union, prices may be displayed exclusive of taxes where the applicable regulations permit.

Delivery charges are shown separately before final validation of the order.

The applicable prices are those in force on the date the order is validated.

Alexandre Mareuil reserves the right to change its prices at any time. However, products are invoiced on the basis of the prices in force at the time the order is validated.

In the event of an obvious pricing error resulting, in particular, from a technical malfunction or a clerical or computer error, Alexandre Mareuil reserves the right to cancel the order after informing the Customer and to refund any sums received.

Article 8 – Payment terms

Orders are paid exclusively by bank card on the website, via the secure payment systems offered by Alexandre Mareuil.

The bank cards accepted include, in particular:

• CB;
• Visa;
• Mastercard;

or any other means of payment offered at the time of ordering.

The Customer warrants that they are fully authorised to use the means of payment used.

The bank card is debited when the order is validated or in accordance with the technical procedures of the payment service provider.

Alexandre Mareuil does not store any of the Customer's bank details.

If payment authorisation is refused by the banks concerned, the order will be automatically cancelled.

Article 9 – Made-to-measure orders and deposits

Orders involving made-to-measure manufacturing, significant personalisation or a specific creation may give rise to a deposit.

Unless otherwise specifically agreed:

• 50% of the order amount is payable on validation of the order;
• the balance is payable before shipment.

Manufacturing will only begin once the deposit has actually been received.

Deposits paid in connection with a made-to-measure order are retained by Alexandre Mareuil as soon as manufacturing has begun, subject to the applicable mandatory legal provisions.

The specific terms for made-to-measure orders are set out in the Special Conditions for Made-to-Measure Manufacturing and Personalisation.

Article 10 – Manufacturing and preparation times

As Alexandre Mareuil products are made using artisanal processes, manufacturing times are given for information purposes only.

For information purposes:

• catalogue products are generally manufactured and shipped within 4 to 8 weeks;
• made-to-measure creations are generally produced within 4 to 12 weeks.

These times may vary depending, in particular, on:

• the complexity of the project;
• the availability of raw materials;
• the workshop's production workload;
• holiday periods;
• transport constraints;
• any event beyond the control of Alexandre Mareuil.

The times indicated do not constitute a firm contractual commitment.

A reasonable delay shall not give rise to cancellation of the order, a price reduction or a claim for damages, unless otherwise provided by mandatory legal provisions.

Article 11 – Delivery

Products are delivered to the address given by the Customer when ordering.

No delivery can be made to a PO box.

Deliveries are made mainly by DPD or by any other carrier selected by Alexandre Mareuil.

The delivery times communicated by the carrier are given for information purposes only.

Alexandre Mareuil cannot be held liable for:

• delays attributable to the carrier;
• difficulties of access to the place of delivery;
• address errors communicated by the Customer;
• the absence of the recipient at the time of delivery.

If the parcel is returned as a result of an error by the Customer or of an impossibility of delivery beyond the control of Alexandre Mareuil, the re-shipping costs may be invoiced to the Customer.

Article 12 – International deliveries, customs and taxes

Alexandre Mareuil offers delivery of its products to many countries.

The Customer is solely responsible for complying with the regulations applicable in their country of destination.

The prices displayed on the website do not necessarily include:

• customs duties;
• import taxes;
• local import VAT;
• customs clearance fees;
• the carrier's administrative fees;
• any tax or charge required by the local authorities.

These amounts shall be borne exclusively by the Customer.

The Customer is solely responsible for paying these sums to the competent authorities or to the appointed carrier.

Alexandre Mareuil cannot be held liable for:

• delays related to customs formalities;
• the holding of a parcel by the local authorities;
• the refusal to import a product into the country of destination;
• costs resulting from local regulations.

If the parcel is refused by the Customer or if the duties, taxes or customs clearance fees are not paid, the costs incurred by Alexandre Mareuil, in particular:

• return costs;
• storage costs;
• destruction costs;
• administrative costs;

may be deducted from any refund that may be due to the Customer.

No refund may be claimed for the transport costs incurred where the return of the parcel results from the Customer's refusal to pay the applicable import duties, taxes or fees.

Article 13 – Receipt of products

The Customer must check the apparent condition of the parcel and the products upon receipt.

In the event of apparent damage, deterioration or missing items, the Customer must:

• record precise and detailed reservations with the carrier;
• keep all relevant evidence;
• inform Alexandre Mareuil as soon as possible.

Any claim relating to transport damage must be accompanied by photographs making it possible to assess the nature of the damage.

Failure to record reservations upon receipt may limit the Customer's remedies against the carrier.

The provisions of this article do not preclude the application of the legal guarantees provided for in these GTCS.

Article 14 – Right of withdrawal

In accordance with the provisions of Articles L221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the product to exercise their right of withdrawal without having to give any reason.

To exercise this right, the Customer may notify their decision:

• by email;
• by post;
• using the withdrawal form made available;
• via the electronic withdrawal facility accessible on the Site, where offered.

Article 15 – Exclusions from the right of withdrawal

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal may not be exercised, in particular, for:

• products made to the Customer's specifications;
• clearly personalised products;
• made-to-measure creations;
• products made from materials or hides supplied by the Customer;
• special series produced at the Customer's request.

Orders falling under the Special Conditions for Made-to-Measure Manufacturing and Personalisation therefore do not benefit from any right of withdrawal.

Article 16 – Return of products

The Customer has a period of fourteen (14) days following notification of their withdrawal to return the products concerned.

Products must be returned:

• in their original condition;
• complete;
• together with any accessories;
• in their original packaging, where available;
• together with the invoice or any proof of purchase.

Return costs shall be borne by the Customer.

The Customer is liable for any diminished value of the product resulting from handling other than that necessary to establish the nature, characteristics or proper functioning of the product.

It is the Customer's responsibility to keep any proof of dispatch of the return.

Article 17 – Refunds

Where the conditions for withdrawal are met, Alexandre Mareuil refunds the sums due within a maximum period of fourteen (14) days from receipt of the returned product.

Refunds are made through the payment service provider used for the order.

Alexandre Mareuil reserves the right to defer the refund until the product concerned has actually been recovered.

The initial delivery charges are refunded in accordance with the applicable legal provisions.

Return costs remain payable by the Customer.

Article 18 – Gift orders

Where the product has been ordered as a gift by a third party, the right of withdrawal belongs exclusively to the purchaser who concluded the contract with Alexandre Mareuil.

The recipient of the gift may not request a refund directly.

Any exchanges remain subject to the prior agreement of Alexandre Mareuil.

Article 19 – Conformity of products

The Customer must check, upon receipt, that the products delivered correspond to their order.

In the event of a preparation error or apparent non-conformity, the Customer must contact Alexandre Mareuil as soon as possible so that their request can be examined.

After verifying that the claim is well founded, Alexandre Mareuil may, in particular:

• repair the product;
• replace the product;
• refund the product concerned.

The choice of the solution implemented is made in accordance with the applicable legal provisions.

Article 20 – Legal guarantees

The products sold by Alexandre Mareuil benefit from the legal guarantees provided for by French law.

In particular, the consumer benefits from:

• the legal guarantee of conformity;
• the guarantee against hidden defects.

Alexandre Mareuil is liable for defects of conformity existing at the time of delivery of the goods under the conditions laid down by the French Consumer Code.

The Customer may also invoke the guarantee against hidden defects under the conditions laid down in Articles 1641 et seq. of the French Civil Code.

Unless otherwise stipulated in a specific contract, the company Alexandre Mareuil guarantees the products it manufactures against any functional defect arising from a fault in design, materials or manufacture for a period of one year.

The terms of application of these guarantees are those provided for by the texts in force at the time of the claim.

Article 21 – Exclusions from the guarantee

The following, in particular, are not covered by the guarantees:

• normal wear and tear of the product;
• the natural ageing of the leather;
• the patina acquired over time;
• modifications or repairs carried out by an unapproved third party;
• damage resulting from a lack of maintenance;
• accidental damage;
• damage caused by abnormal use or use not in accordance with the product's intended purpose;
• defects arising from materials or hides supplied by the Customer.

The natural characteristics of leathers and hides referred to in Article 3 do not constitute defects covered by the guarantees.

Article 22 – After-sales service

Alexandre Mareuil attaches particular importance to the durability of its creations.

Any request for service must be sent by email to mail@alexandremareuil.com or by post to:

Alexandre Mareuil
Service Après-Vente
1 avenue du Millac
33370 Artigues-près-Bordeaux
France

The request should, as far as possible, be accompanied by:

• photographs;
• the invoice or proof of purchase;
• a description of the problem encountered.

Alexandre Mareuil reserves the right to request a physical examination of the product before making any decision.

Article 23 – Repairs

As part of its commitment to the durability and transmission of its creations, Alexandre Mareuil gives priority, where technically possible, to:

1. repair;
2. restoration;
3. partial replacement;

before any complete replacement of the product.

Repairs not covered by the guarantee may be offered on the basis of a quotation.

The feasibility of any work depends on:

• the condition of the product;
• the availability of components;
• the technical constraints inherent in artisanal manufacturing.

Repair times are given for information purposes only.

No obligation of result can be guaranteed where the work concerns an old or heavily worn product, or one made from materials supplied by the Customer.

Article 24 – Limitation of liability

Alexandre Mareuil is bound by an obligation of means (best endeavours) in the performance of its obligations.

Alexandre Mareuil cannot be held liable in the event of:

• improper use of the product;
• negligence on the part of the Customer;
• lack of maintenance;
• unsuitable storage;
• modification or repair carried out by a third party;
• damage resulting from an event external to the product.

Subject to the mandatory legal provisions applicable to consumers, Alexandre Mareuil cannot be held liable for indirect damage suffered by the Customer, in particular:

• operating losses;
• loss of income;
• loss of opportunity;
• commercial loss;
• non-material damage.

As Alexandre Mareuil products are designed for a specific use, any misuse or use not in accordance with their intended purpose is the sole responsibility of the Customer.

Article 25 – Intellectual property

All the elements making up the products, catalogues, commercial documents and the Alexandre Mareuil website remain the exclusive property of Alexandre Mareuil.

The following are protected in particular:

• trade marks;
• logos;
• designs;
• models;
• photographs;
• videos;
• texts;
• creations;
• templates;
• sketches;
• prototypes;
• manufacturing methods.

No reproduction, representation, adaptation, modification or exploitation, in whole or in part, may take place without the prior written authorisation of Alexandre Mareuil.

Any unauthorised use may constitute an infringement giving rise to the civil and criminal liability of its author.

Article 26 – Personal data

In the course of its business, Alexandre Mareuil collects and processes personal data concerning its customers.

This processing is carried out in accordance with:

• the General Data Protection Regulation (GDPR);
• the French Data Protection Act (loi Informatique et Libertés);
• any applicable regulations.

The data collected is used, in particular, for:

• order management;
• invoicing;
• delivery;
• after-sales service;
• customer relationship management;
• compliance with legal obligations.

The Customer has at any time:

• a right of access;
• a right of rectification;
• a right of erasure;
• a right to object;
• a right to restriction of processing;
• a right to the portability of their data.

Any request may be sent to mail@alexandremareuil.com or to:

Alexandre Mareuil
1 avenue du Millac
33370 Artigues-près-Bordeaux
France

The detailed terms of processing of personal data, the retention periods and the rights of data subjects are set out in the Privacy Policy available on the Site.

Article 27 – Marketing communications

Subject to the Customer's consent where required, Alexandre Mareuil may send information relating to:

• its collections;
• its new products;
• its events;
• its commercial offers.

The Customer may unsubscribe at any time:

• via the link provided for this purpose in emails;
• by contacting Alexandre Mareuil directly.

Article 28 – Force majeure

Neither party may be held liable for any delay or failure to perform resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code and French case law.

The following, in particular, constitute cases of force majeure:

• natural disasters;
• fires;
• floods;
• pandemics;
• armed conflicts;
• acts of terrorism;
• strikes affecting transport or suppliers;
• major supply disruptions;
• administrative decisions preventing the performance of obligations.

Performance of the obligations concerned is suspended for the duration of the event.

If the situation continues for more than three months, either party may terminate the order concerned without compensation.

The sums paid for services not performed will then be refunded.

Article 29 – Consumer mediation

In accordance with the provisions of the French Consumer Code, the Customer has the right to use a consumer mediator free of charge with a view to the amicable resolution of a dispute.

The contact details of the competent mediator will be provided on the Alexandre Mareuil website or on request.

Recourse to mediation remains optional for the parties.

The Customer may also use the European online dispute resolution platform where applicable.

Article 30 – Governing law and dispute resolution

These General Terms and Conditions of Sale are governed by French law.

In the event of any difficulty relating to the interpretation, performance or validity of these GTCS, the parties shall endeavour to find an amicable solution.

Failing amicable agreement, the competent courts shall be determined in accordance with the ordinary rules of law applicable to consumers.

These GTCS are drawn up in French.

In the event of translation into one or more foreign languages, only the French version shall be authoritative in the event of any difficulty of interpretation.

Article 31 – Partial invalidity

If any provision of these GTCS is declared null, unlawful or unenforceable by a final decision of a competent court, the other provisions shall remain fully applicable.

The invalidated provision shall be replaced by a provision that comes as close as possible to the original intention of the parties and complies with the applicable legal provisions.

Article 32 – No waiver

The fact that Alexandre Mareuil does not at any given time invoke any of the provisions of these GTCS shall not be interpreted as a waiver of its right to invoke them at a later date.

Article 33 – Version in force

These General Terms and Conditions of Sale come into force on the date of their publication on the Alexandre Mareuil website.

They cancel and replace any previous version.