Terms and Conditions of Sale
The present General Terms & Conditions of Sale (hereafter the "T&Cs"), detailed here in English, apply to sales concluded between the company, Les 2 Marmottes SAS with a capital of 306 000 euros whose head office is in Z.I. des Bracots - 185 rue des Tanières - CS 10018 - 74890 Bons-en-Chablais, France, registered in the French Companies Register of Thonon-les-Bains under the number B 418 004 586 (hereinafter "Les 2 Marmottes") and any adult or capable individual (hereinafter the "Buyer") making a purchase through the online sales website www.les2marmottes.com (hereinafter the "Website")
Article 1. Object
The present T&Cs aim to define contractual relations between Les 2 Marmottes and the Buyer and the conditions applicable to all orders made on the website www.les2marmottes.com
Any order placed on the website implies the Buyer's acceptance of the T&Cs without reservation.
Les 2 Marmottes reserves the right to modify theses T&Cs at any time. If this happens, the applicable conditions will be those in force when the order was placed.
In the event that one of the clauses of these T&Cs is declared null and void, the other clauses will nevertheless remain in full force and effect.
To contact Les 2 Marmottes:
LES 2 MARMOTTES SAS
Zone Industrielle des Bracots
CS 10018 - 185 rue des Tanières
74890 Bons-en-Chablais (France)
Tel: +33 4 50 17 08 08
or via the dedicated contact forms, here.
ARTICLE 2. Characteristics of the goods and services offered
The products available appear in the catalogue published on the Les 2 Marmottes website. The Buyer is invited to check product availability on the product information page.
Each product is accompanied by a description written by the supplier. The photographs in the catalogue are as accurate as possible but may not be exactly the same as the product delivered, especially with regard to colours.
ARTICLE 3. Rates and payment terms
The prices that appear in the catalogue include all taxes in euros taking into account the VAT applicable on the day of the order, according to the delivery location but excluding any tax reductions for export. Any change in the rate may be reflected in the price of the products.
Les 2 Marmottes reserves the right to alter its prices at any time, however the price applied will be the one displayed on the website when the Buyer confirms the purchase.
The prices indicated include any processing, costs. Delivery fees will then be added, in line with the geographical areas listed in Article 4 of these T&Cs.
Terms of payment:
- By card: the payment is made via the Secure Socket Layer (SSL) protocol which ensures the Buyer's payment is totally secure with encrypted data. The Buyer's bank account will only be debited after the products have been shipped. Payment is made directly to the bank. Les 2 Marmottes has no access to your payment details and does not store them on its servers.
- By cheque: your order will be shipped as soon as Les 2 Marmottes receives your cheque.
- By Apple Pay : only Apple users may access this payment through the browser Safari, and only if they already have registred their payment details on the wallet app of their device. Payment is secured by Secure Socket Layer (SSL) protocol. Customer must use their Apple ID for 3D Secure validation : TouchID, FaceID or password. The Buyer's bank account will only be debited after the products have been shipped. Payment is made directly to the bank. Les 2 Marmottes has no access to your payment details and does not store them on its servers.
The Buyer guarantees that s/he is fully entitled to use the bank card or cheque to pay for the order and that they have sufficient funds to cover the costs of the order placed on the website.
Failure to pay:
Les 2 Marmottes reserves the right to refuse to a delivery or honour an order from a Purchaser with whom there is a current payment dispute.
ARTICLE 4. Geographical area
The online sale of products and services presented on the Site is reserved for Buyers who reside in the following areas:
ZONE 1: France, Germany, Belgium, Netherlands, Luxembourg
ZONE 2: United Kingdom, Ireland, Italy, Spain, Portugal, Switzerland, Austria
ZONE 3: Denmark, Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania
ZONE 4: Greece, Iceland, Finland, Norway, Sweden, Turkey, Morocco, Tunisia, Algeria, specific territories of Spain and Portugal (Canary Islands, Balearic Islands, Ceuta, Melilla, Azores, Madeira), other Eastern European countries
ZONE 5: United States, Canada, Australia, China, Japan, Hong Kong, Singapore, South Korea, Thailand, Taiwan, Vietnam, India, Russia, Israel
ZONE 6: Africa (excluding Morocco, Tunisia, Algeria), Middle East, Americas (excluding USA and Canada), other Asian countries and Oceania (excluding Australia).
ARTICLE 5. Orders
The Buyer wishing to place an order must do so via the following procedure:
1. Choose product: The Buyer selects the product(s) they wish to order;
2. Confirm selection: The Buyer checks the contents of their basket, at this point items can still be removed;
3. Identification: The Buyer fills in the identification form provided with the requested information (mandatory information: surname, first name, e-mail, address, telephone, password, etc.).
4. Check the order: The Buyer checks the content of their order, the total price, delivery and billing address;
5. Shipping: The Buyer specifies the shipping method to the address provided or heir chosen pick up point.
6. Payment method: The Buyer selects the payment method in line with the specifications in Article 3.
7. Order confirmation: The Buyer confirms the order after checking it, by clicking on the "confirm my order" button, and in doing so expressly recognising their payment obligation. Confirming your order implies your acceptance and understanding of these T&Cs and renouncing any other conditions of purchase inlcuding your own. The data supplied and registered confirmation of the order stand as proof of the tranaction. Confirming the order is considered as your signature and acceptance.
Redirection to the secure payment site (SSL): The Buyer enters the details required for the payment, in line with the elected payment method. A request to debit the Buyer's bank account will be sent directly to the bank within twenty-four hours.
The order will be considered effective upon confirmation of the banks agreement to debit the Buyer's account.
8. Acknowledgement of receipt of the order: The Buyer will receive an e-mail with the details of their order. The Buyer must keep this email as proof of purchase.
The Buyer has all the information detailed in the Consumer Code available in their account on a durable medium. This information is contained in the following two documents:
- the e-mail detailing the content of the order;
- these T&Cs which will be attached to the aforementioned order email and can also be viewed on the webite, www.les2marmottes.com
9. Processing the order: The order is then registered by Les 2 Marmottes, and we are committed to honouring it. In the absence of immediate availability, Les 2 Marmottes will inform the Buyer as soon as possible by e-mail or by phone. If the order is cancelled the Buyer will be reimbursed within a maximum of fourteen (14) days, starting from the day the refund is requested.
10. Shipping confirmation: Les 2 Marmottes will update your order status via email.
ARTICLE 6. Right of withdrawal
In accordance with the article L.121-21 and following of the Consumer Code, the Buyer may retract their order within fourteen (14) clear days from the date it is received and return the products without having to give a reason.
If this happens, the Buyer must pay any costs of returning the products.
The Buyer must also declare they wish to exercise this right via email or post without any ambiguity.
The Buyer may prefer to fill in the returns form on the website. Les 2 Marmottes will acknowledge receipt of this return via a durable medium.
Subject to the respect of the following conditions, Les 2 Marmottes will refund the Buyer the total amount of the returned products including the shipping costs paid at the time of the order, within fourteen (14) days from the date when Les 2 Marmottes is informed of the Buyer's request for a refund.
Les 2 Marmottes will carry out this refund using the same means of payment the Buyer used for the initial transaction, unless the Buyer expressly agrees to use another means of payment and insofar as the refund does not cause any expenses for the Buyer.
This right of withdrawal can only be exercised for complete products, returned in their original condition (including original packaging) with a copy of the purchase invoice (received by email when confirming the order and available from the customer account on the website) including the return number assigned by email by our Customer Services team and the delivery note (attached to the package on delivery).
The Buyer will have to return the products to Les 2 Marmottes at the latest within fourteen (14) days from communicating their decision to withdraw.
ARTICLE 7. Deliveries
Deliveries are made to the address indicated by the Buyer in the order form.
The delivery times correspond to the processing, preparation and routing of the order.
For all products, your order is prepared for shipping from Les 2 Marmottes' warehouses within a maximum of seventy-two (72) working hours (subject to availability of stocks) from email confirmation of the order. Delivery is then made by carrier within a maximum of four (4) working days for zones 1, 2, and 3. For zones 4, 5, and 6, delivery is made by carrier within 5 to 7 working days.
Beyond this maximum period, the Buyer has the right to cancel their order without charge.
Les 2 Marmottes will then proceed to refund the Buyer, using any payment method, within fourteen (14) days, following the Buyer's written request to cancel the order, along with their proof of purchase.
In case of an incomplete address, a wrong address, the parcel being refused by the addressee or a lack of information making an on-time delivery impossible, Les 2 Marmottes cannot be held liable for the contractual delivery date being missed.
If a recipient is away, Les 2 Marmottes cannot be held responsible for the final quality of the delivery.
Receipt of order:
Upon receipt of the order, the Buyer must check the products to ensure they conform with the order. Any anomaly concerning the delivery (i.e.: missing or damaged products, damaged packages) must be communicated by the Buyer to Les 2 Marmottes' customer services team detailed in Article 1 of the T&Cs within a maximum of three (3) days following the receipt of products,
ARTICLE 8. Guarantees
In accordance with legal provisions, Les 2 Marmottes guarantees the conformity of the products sold on the Website. The Buyer has a period of two (2) years from product delivery to act. The Buyer may request, the replacement or the refund of the product, subject to the cost not being disproportionate compared to an alternative solution.
The Buyer does not need to prove lack of conformity during the six (6) months following delivery. Beyond that, the Buyer will have to prove that the goods are not fit for purpose or that they do not have the characteristics defined by the parties mutual agreement.
The Buyer may also decide to implement the warranty against hidden defects (Article 1641 of the Civil Code) arising from a product design or manufacturing defect that makes the product unfit for purpose excluding any negligence or fault by the Buyer. The Buyer can then either request for the sale to be cancelled or a reduction applied.
This warranty does not cover damage resulting from misuse of the product. You must keep your invoice and delivery notice to benefit from the product warranty.
All product returns must be requested by the Buyer via the following address Les 2 Marmottes SAS - ZI des Bracots - 185 Rue des Tanières - CS 10018 - 74890 Bons-en-Chablais, France, within thirty (30) days of delivery.
Les 2 Marmottes remains bound by the legal guarantee of conformity mentioned in articles L. 211-4 and L. 211-13 of the Consumer Code as well as the guarantee pertaining to defects in times sold, under the conditions laid out in articles 1641 to 1648 and 2232 of the Civil code, independently of any commercial guarantee granted on its products.
ARTICLE 9. Liabilities
Les 2 Marmottes cannot be held liable for any events, inconveniences or damages caused by using the Internet, in particular a breakdown in service, external intrusion, loss of data or the presence of a computer viruses.
Moreover, Les 2 Marmottes cannot be held liable for the non-execution of the contract concluded in the event of an adventitious situation or force majeure. This particularly applies to events occurring within Les 2 Marmottes, such as a lock out, strike, epidemic, embargo, accident, transport interruption or inability to obtain supply, defective raw materials, or any other event beyond Les 2 Marmottes leading to partial or total unemployment.
ARTICLE 10. Title retention clause
The products remain the property of Les 2 Marmottes until payment of the total cost has been banked by Les 2 Marmottes. However, from the moment of delivery, all risks connected with the delivered goods are the responsibility of the Buyer.
ARTICLE 11. Intellectual Property
All documents, information, text, graphics, images, photographs or any other content published on the Website www.les2marmottes.fr, are and remain the exclusive property of Les 2 Marmottes and can only be used by Les 2 Marmottes. Consequently, they may not be reproduced, exploited or used in any way whatsoever, even partially. Any simple link or hypertext link is strictly forbidden without an express written agreement from Les 2 Marmottes SAS.
ARTICLE 12. Personal data
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, any personal data supplied by the Buyer may be automatically processed.
Les 2 Marmottes reserves the right to collect Buyer data, inlcuding via using cookies.
Users have the right to access and rectify their personal data accordance with the law of 6 January 1978.
The automated processing of information, including the management of e-mail addresses for Website Users was declared to the CNIL (French Digital Security Agency) on 11/02/2009, registered under number 1345948.
ARTICLE 13. Archiving and proof
Les 2 Marmottes will store order forms and invoices on a reliable, durable device, constituting a faithful copy in accordance with the provisions of the article 1348 of the Civil code.
Les 2 Marmottes digital records will be considered by the parties as proof of communications, orders, payments and transactions that occurred between the parties.
ARTICLE 14. Dispute Resolution
Any complaint must be addressed to Les 2 Marmottes customer services at the following address: email@example.com
If articles L. 152-1 and R. 152-1 of the Consumer Code have been applied and a written complaint has been sent to customer services at the following address: Les 2 Marmottes SAS - Z.I. des Bracots - 185 rue des Tanières - CS 10018 - 74890 Bons-en-Chablais, France, to no avail, the Buyer may request a free mediation process. The contact details for the Consumer Ombudsman are as follows: firstname.lastname@example.org.
The parties to the contract remain free to accept or refuse mediation and, if mediation takes place may accept or refuse the mediator's proposed solution.
The Buyer may use alternative methods of dispute resolution.
Les 2 Marmottes is a company under French law.
French law is applicable without precluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign court in the consumer's respective country.
Thank you for choosing Les 2 Marmottes, we hope you will be satisfied with the care taken to prepare your order. Our customer services team is available to help you or answer your questions, by e-mail at the following address: email@example.com or by phone on + 33 4 50 17 08 08 or via our dedicated contact forms.
You can obtain a refund for any item purchased on the website www.les2marmottes.com within fourteen (14) days of receipt of the goods by yourself, or a third party designated by yourself, other than the carrier.
The products must be returned in perfect condition, in their original undamaged packaging, with their delivery note and this returns form, to the following address, Les 2 Marmottes SAS - Z.I. des Bracots - 185 rue des Tanières - CS 10018 - 74890 Bons-en-Chablais, France.
Return shipping costs and any risks are your responsibility, you must keep your proof of return. Products returned incomplete, altered, damaged and/or soiled will not be refunded.
Please complete this document and enclose it with your package along with a copy of the delivery note. For more information, take a look at the T&Cs on our website www.les2marmottes.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the product(s) listed below:
Date of return: . . . . . . . / . . . . . . . . . / . . . . . . . .
Order number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Surame: . . . . . . . . . . . . . . . . . . . . . . First name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Post Code: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City: . . . . . . . . . . . . . . . . . . . . . .
Email address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone: . . . . . . . . . . . . . . . . .
Customer signature(s) (only if sending a paper copy): .... Date:
APPENDIX: Reminder of the documents governing the guarantee
Article L. 211-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made their responsibility by the contract or was performed under their responsibility.
Article L. 211-5 of the Consumer Code:
To comply with the contract, the goods must:
(1) Be fit for the purpose ordinarily expected of a similar product and, where applicable:
- correspond to the description given by the seller and have the qualities that the seller has presented to the Buyer in the form of a sample or model;
- have the qualities that the Buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in terms of advertising or labelling;
2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Buyer, brought to the attention of the seller and accepted by the latter.
Article L. 211-6 of the Consumer Code: The seller is not bound by the manufacturer's public statements or any made by their representative if it is established that the seller has not heard them, or it is established they were not able to be aware of them.
Article L. 211-7 of the French Consumer Code: Conformity defetcs that appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller may refute this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 211-8 of the Consumer Code: The buyer is entitled to demand the conformity of the goods to the contract. However, they may not contest compliance by invoking a defect of which he was aware or could not have been unaware of when the contract was made. The same applies if the defect originates in materials supplied by the customer.
Article L. 211-9 of the Consumer Code: In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L. 211-10 of the French Consumer Code: If repair and replacement of the goods is impossible, the buyer may return the goods and get a refund or keep the goods and have a partial refund. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 211-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the Buyer, given the nature of the goods and the use sought. However, the sale cannot be cancelled if the lack of conformity is minor.
Article L. 211-11 of the French Consumer Code: The application of the provisions of articles L. 211-9 and L. 211-10 shall take place at no cost to the buyer. These same provisions do not prevent the awarding of damages.
Article L211-12 of the Consumer Code: Action resulting from defects in conformity lapses from two years after the delivery of the goods.
Article L. 211-13 of the Consumer Code: The provisions of this section do not deprive the buyer of the right to institute proceedings arising from redhibitory defects, such as those resulting from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognised by law.
Article L211-14 of the Consumer Code: The recourse action can be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the Civil Code.
Article 1386-1 of the Civil Code: The producer is liable for damage caused by a defect in his product, whether they are bound by a contract with the victim or not.
Article 1386-4 of the Civil Code: A product is defective within the meaning of this title when it does not offer the safety that can legitimately be expected. In assessing the safety that may legitimately be expected, account must be taken of all the circumstances, and in particular of the presentation of the product, the use that may reasonably be expected of it and the time at which it was put into circulation. A product cannot be considered defective simply because another, more sophisticated product was subsequently put into circulation.
Article 1386-17 of the Civil Code: An action for damages based on the provisions of this Title shall be barred within three years from the date on which the plaintiff knew or should have known of the damage, the defect and the identity of the producer.
Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the sold item which make it unfit for purpose for which, or which so diminish use that the buyer would not have acquired it, or would only have given a lesser price, if they had been aware.
Article 1642 of the Civil Code: The seller is not liable for any apparent defects which the buyer could ascertain for themself.
Article 1643 of the Civil Code: The seller is liable for any latent defects, even if they were unaware of them, unless it is stipulated that they cannot be held to any warranty if this is the case.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the item and get a refund or keep the item and get a partial refund.
Article 1645 of the Civil Code: If the seller was aware of the defect, they are bound to pay any damages and interest to the buyer along with refunding the price paid.
Article 1646 of the Civil Code: If the seller was unaware of the product's defects they will only be liable for refunding the Buyer for price paid and any expenses incurred by the sale.
Article 1647 of the Civil Code: If defective item has perished due to bad quality, the seller will have to refund the buyer the full price plus any damages as detailed in the previous two articles. But if the loss is due to an adventitious situation, the buyer must bear the cost.
Article 1648, paragraph 1 of the Civil Code: Action resulting from defects in conformity must be brought by the buyer within two years of discovering the defect.