TERMS OF SALE

These General Terms and Conditions of Sale apply to the purchase in Europe of MARCH LA.B brand products on the European website www.march-lab.com. MARCH LA.B is a French SAS with a capital of 150,000 EUR, whose French head office is domiciled in Paris (75003), 50 rue Charlot registered with the RCS of Bayonne under number 509190443, whose intra-community VAT number is FR15509190443, Siret number 509 190 443 00028 and whose telephone number is +33 (0)1 75 57 93 90, represented by Mr MARHIC Alain.

Article 1: object
The purpose of this contract is to define the terms and conditions of sale of the products marketed on the site www.march-lab.com (hereinafter referred to as "the Site") between the company MARCH LA.B (hereinafter referred to as "the Seller" ) and any person over the age of 18 and/or having the capacity to contract (hereinafter referred to as "the Customer") and wishing to make a purchase for their strictly personal needs, excluding any professional or commercial purpose (here - after referred to as "the Parties"). It is expressly agreed between the Parties that the General Conditions of Sale in force on the day of purchase and accepted by the Customer exclusively govern their relations. If a provision were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in France. This contract is available in French and English. The Parties agree that in case of contradiction between the different language versions, the French version will prevail.

Article 2 – Presentation of products
2.1. Description of products
The products available for sale on the Site are represented by high quality photographs and accompanied by a description of their essential characteristics. The products are described and presented with the greatest possible accuracy. However, the items delivered may sometimes have minimal differences, in particular in color, compared to the photographs on the Site, given computer technology.

2.2. Price
Price
The prices are indicated in Euros (€), all taxes included. They take into account the Value Added Tax (VAT) in force on the day of the order in the territory of residence of the Customer and delivery of the order. The Seller is free to modify the selling price of its products at any time. However, the prices appearing during the purchase are those applicable to this purchase and cannot be modified once the Customer's order has been validated. The price of the products does not take into account the delivery costs of the order which remain the responsibility of the Customer and the amount of which will be specified during the consultation of the shopping cart as well as on the order form before validation of the latter. Any validation of an order implies acceptance by the Customer of payment of the total price which was previously indicated to him. In the event of an obvious error in the price of a product, the Seller reserves the right to cancel the purchase of this product, at no cost to the Customer.

Shipping fees
The exact amount of shipping costs depends on the country to which the order is being shipped. For more details on shipping costs by country, the Customer is invited to consult the “Delivery conditions” section of the Site. The total price indicated on the last screen of the payment process as well as in the confirmation of receipt of the order includes taxes and shipping costs.

Article 3 – Order
3.1 – Placing the order
The Customer must follow different steps in order to place an order on the Site:

1. Choice of products
2. Adding products to cart
3. Verification / Modification of the order
4. Choice of delivery and billing options
5. Acceptance of the General Conditions of Sale
6. Payment
7. Confirmation of the order
8. Receipt of order confirmation.

The Customer has the possibility of modifying his basket before the final validation. The Customer is bound by the order from the moment he ticks the required box and clicks on the "Complete order" button at the end of the order process. By these last two actions, he undertakes to approve the general conditions of sale of MARCH LA.B. Once the order has been registered, a confirmation message will automatically appear on the Site, indicating the order number and the details of the products purchased. After receipt by the Seller of the order, the Seller will send the Customer a detailed acknowledgment of receipt of his order by e-mail, specifying the products ordered and the amount invoiced (all taxes included and shipping costs included). This acknowledgment of receipt constitutes acceptance by the Seller of the order placed by the Customer. Any order implies acceptance by the Customer of the prices and descriptions of the products purchased as well as the General Conditions of Sale in force on the day of the order. For any exceptional order (in particular due to the quantities ordered or the place of delivery), the Customer must contact Customer Service.

3.2 – Prior acceptance of the General Conditions of Sale
Any order made on the Site requires the consultation and the explicit and prior acceptance of the General Conditions of Sale by the Customer via a checkbox on the acceptance window appearing during the process of placing the order before any payment. The Customer can save and print the General Conditions of Sale in force on the day of his order via the acceptance window or via the “General Conditions” section of the Site. These General Conditions of Sale may be modified at any time. However, the General Conditions of Sale applicable to an order are those in force on the day the order is placed.

3.3 – Refusal or blocking of the order by the Seller
In the event of difficulty or litigation occurring during a previous order, the Seller reserves the right to block the Customer's order until the problem is resolved.

The Seller may also refuse or cancel an order in the following situations:

• the Customer's bank details are unusable (incorrect or unverifiable),
• the payment has been refused by the Client's Bank or has not been made on time,
• the delivery address provided by the Customer is incorrect or does not exist,
• the Customer is presumed not to have the capacity to contract or not to order for his strictly personal needs,
• the price indicated contained an obvious error,
• the order is identified by the security systems as being unusual or susceptible to fraud,
• the Customer has breached these General Terms and Conditions of Sale,
• or for any other legitimate reason.

The Seller may then carry out additional checks and ask the Customer for the documents or information necessary for the proper execution of his order. The Seller cannot be held responsible for any damage or costs incurred following this refusal or blocking of the order.

3.4 – Availability of products
Orders are honored only within the limits of available stocks. Product offers and prices are valid as long as they are visible on the Site when the Customer places an order, within the limits of available stocks. If a product is not available after the Customer has placed an order, the Seller will inform the Customer by e-mail as soon as possible. The amount of the order will be recalculated and the Customer will be refunded the value of the unavailable products, or the full amount of the order if it is completely unavailable, at the latest within 30 days of payment of the sums paid. by the customer. The cancellation of the order by the Seller in the event of unavailability of the products will not entitle the Customer to any compensation. In the event of the unavailability of a product, the Seller may provide goods of equivalent quality and price if the Customer agrees. The return costs resulting from the exercise of the right of withdrawal relating to the substituted product are, in this case, the responsibility of the Seller.

Article 4 – Payment
4.1 - Currencies
For the territories of the European Union to which the Seller agrees to deliver the products, orders are payable in Euros (€). If the Customer's local currency differs from the currency in which the prices appear on the Site, the Customer's bank will apply the exchange rate in force on the date of the order (except for a different exchange rate applied at the discretion of the Customer's bank) . Therefore, changing the country of delivery may change the price of the products given the change in currency.

4.2 - Terms of payment
The Customer can pay for his order on the secure payment server by Visa and Mastercard credit card, indicating the number of his credit card, the expiry date and the last three digits appearing on the back of the credit card. The Customer's account is debited as soon as the order is placed.

4.3 – Securing payments
The Seller has set up a transaction security process to ensure the security, integrity and confidentiality of payments made via its Site. Credit card numbers are not stored in the Seller's system. During the purchase, the bank details and payment details of the Customers are encrypted using the SSL (Secure Socket Layer) protocol as soon as they are entered by the Customer and until the end of the transaction. No banking information concerning the Customer passes through the Site and is recorded on a public server or on the Seller's servers. The Customer's bank details will therefore be requested for each new order on the Site. However, the Seller cannot be held liable for damages resulting from facts beyond its control related to the use of electronic means of communication (failure or delay in the transmission of electronic communications/data, interception or manipulation of electronic communications by third parties and /or computer viruses).

4.4 - Retention of title
The Seller retains ownership of the products until full payment for the products has been received.

4.5 - Promotional codes
Discount offers (promotional codes, coupons, etc.) entitle the Customer to an exceptional discount for the purchase of a single product or the order of several products during the period of validity. These offers are only valid during the period of validity and within the limits of the products and available stocks indicated on the offer concerned. Discount offers are personal, non-transferable to a third party in any capacity whatsoever and can only be used for online purchases on the Site. Discount offers cannot be combined with each other or with any other special offer or promotion, unless otherwise specified in the offer. Discount offers are not redeemable for cash under any circumstances. Discount offers are deducted from the amount including all taxes of the product concerned or the order, excluding delivery costs which remain the responsibility of the Customer.

Article 5 – Delivery
5.1 – Place of delivery
Orders can be delivered to the territories listed below. If the Customer wishes delivery to a territory other than those listed below, he can contact Customer Service. However, the Seller will only be able to satisfy this request insofar as this is technically possible and that the Customer agrees to bear all the costs arising therefrom and which will have been previously indicated to him by the Seller.

We offer standard and express deliveries to the following countries:

AREA 1:	France
AREA 2:	Europe
AREA 3:	World

(For orders with delivery outside Europe, it should be noted that additional costs, independently of March LA.B, may be applied during customs clearance at the entrance to your country. To directly display the prices excluding tax on the site, you must that you are connected to your customer area and have as an address an address located outside the European Union.)

5.2 – Delivery times

From Monday to Friday, orders validated before 1 p.m. (CET) are processed during the day. Orders validated after the times mentioned above are processed from the 1st working day following the day of the order. Orders validated on Saturdays, Sundays or public holidays in France are processed from Monday or the first following working day. The delivery deadlines are expressed in working days and vary according to the destination (the working days are the days actually worked in the company, which excludes Saturdays, Sundays and public holidays). Delivery times are to be considered once the package has left our warehouse. In the event of non-compliance with the delivery time indicated by the Seller when placing the order, the Customer may cancel his order. When the order is cancelled, the Seller shall immediately reimburse the Customer, and in any event no later than 7 days following the termination of the contract, any sum paid under the contract. Free deliveries are for standard deliveries only unless otherwise stated on march-lab.com.

		EXPRESS (24/72h)*
AREA 1 :		9€
AREA 2 :		19€
AREA 3 :		59€

5.3 – Terms of delivery
The transport of the products ordered is entrusted by the Seller to various carriers. The Customer must sign the delivery note given to him by the carrier upon delivery. In case of impossibility to deliver the order to the Customer (absence of the Customer, incorrect or untraceable address, non communication by the Customer of the necessary access codes, impossible access to the place of delivery, etc.) the carrier sends the Customer a notice of passage indicating that he tried to deliver the parcel as well as the procedure to follow to recover the parcel. Most often, the carriers try again 2 to 3 times to deliver the package to the delivery address indicated and/or indicate the drop-off point closest to the delivery address where the package can be collected. If the order still cannot be delivered, the parcel is returned to the Seller who will keep it for 30 days at the disposal of the Customer. Orders may be delivered in parts if, for example (but not exhaustively), certain products are unavailable. In this case, the Seller will inform the Customer by e-mail to the address provided to him when placing the order. A new delivery time for unavailable products will be offered by the Seller to the Customer who will be free to accept it or not. The Seller will bear the additional shipping costs which will not be invoiced to the Customer. In the event of refusal of the new deadline by the Customer, the Seller will reimburse the Customer for the undelivered products at the latest within 7 days of receipt of the Customer's written refusal.

5.4 - Inspection on delivery
Upon delivery, the Customer must check the products and their packaging to verify whether the products are damaged or not. If the products are damaged, the Customer must refuse delivery and the Seller will reimburse the full price of the damaged products and the delivery costs within 7 days of receipt and registration of the return of the damaged products by the Seller.

5.5 - Transfer of risk
The risk of loss or damage to the products ordered is transferred to the Customer when the latter, or a third party designated by him, materially takes possession of the products ordered. However, the risks are transferred to the Customer at the time of delivery (on the agreed date) if the Customer, or a third party designated by him, manifestly does not take the reasonable measures necessary to take physical possession of the products ordered.

5.6 – Order tracking
When ordering, an order tracking number is communicated to the Customer. This number allows him to have access to information relating to the progress of the delivery of his order via the website of the carrier designated by the Seller, in the space reserved for tracking packages. The address of the carrier's website is indicated to the Customer in the order confirmation email. The Customer can also contact Customer Service for any question relating to the follow-up of his order.

Article 6 – Right of withdrawal
The Customer has a period of 30 days from the day he materially takes possession of the products ordered on March-lab.com to return the products. It must be possible to prove that the products have been sent before the deadline (for example by means of a post office receipt). If the last day of this period is a public holiday, a Saturday or a Sunday, the period will end on the next working day. The Customer may return the products ordered without giving reasons, provided that the products are intact, complete, unstained, unsoiled, unwashed, unworn and in their original undamaged packaging. Rejected returns will be sent back to the Customer. In the event of split delivery (several products ordered at once by the Customer and delivered separately), the withdrawal period runs from the delivery of the last product ordered. When the product is made up of batches or several pieces, the withdrawal period runs from the delivery of the last batch or the last piece. The right of withdrawal does not apply to sensitive products from a hygiene point of view, such as underwear, swimsuits, earrings, piercings, etc., once the Customer has unsealed them. of their protection or has opened the packaging. The Customer informs the Seller of his decision to withdraw before the expiry of the withdrawal period by returning the products to the Seller accompanied by the delivery note. The sending of the products before the expiry of the withdrawal period must be able to be proven (for example in the form of a postal receipt). Regarding products on sale or on promotion, the Customer has a period of 5 days to return the products from the day he informed the Seller. The Seller will reimburse the Customer for the full price of the returned products, including delivery costs (in standard mode), through the means of payment used by the Customer when placing the order, as soon as possible and at the latest within 30 days following the date on which the Seller received the Customer's withdrawal request and the products. The deadlines begin to run when the Seller receives the declaration of withdrawal or the products. In general, for the calculation of deadlines, the day of receipt of the declaration or the products is not taken into account. If the last day of the deadline falls on a public holiday, a Saturday or a Sunday, the deadline ends on the next working day. However, the refund will only be made when the returned products have been received by the Seller.

Model of withdrawal of a remote purchase / https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397

 

Article 7 – Guarantees of conformity and hidden defects
The products are subject to the legal guarantee of conformity and the guarantee against hidden defects which allow the Customer to return the products delivered which are defective or which do not comply with the order. The Customer has a period of 2 years from the actual delivery of the product to assert his rights under the legal guarantee of conformity. For this, the Customer informs the Seller of the lack of conformity within 2 months from the date on which he noticed it. Unless proven otherwise, any lack of conformity which appears within 6 months of actual delivery to the Customer is presumed to exist at the time of delivery; after this period, the Customer must provide proof that the lack of conformity existed on the day of delivery of the product concerned. In the event of non-compliance of a product with the contract, the Customer may request the repair or replacement of the product, or, if this proves impossible or disproportionate for the Seller (for example, if the costs are excessive in comparison with 'a reduction in price or termination of the contract), an adequate reduction in price with retention of the product concerned or full reimbursement with return of the product concerned to the Seller (cancellation of the order is not possible in the event of minor lack of conformity). The Customer also has an action resulting from hidden defects (articles 1641 to 1649 of the French civil code) allowing him either to return the defective product and to be reimbursed the price, or to keep it and to be reimbursed part of the price. This action must be brought by the Customer within 2 years from the discovery of the defect. The Customer may make complaints by contacting Customer Service and/or by returning the products to the Seller along with the form attached to the delivery note. In any case, if the Customer's claim is justified and feasible, the Seller, where applicable, will repair or replace the product concerned free of charge, offer an adequate price reduction or reimburse the Customer for the full purchase price of the product. concerned as well as the delivery and return costs. Refunds are made by the means of payment used by the Customer when ordering, as soon as possible and at the latest within 30 days of the date on which the Seller received the Customer's complaint and the product. However, the refund will only be made when the returned product has been received by the Seller. If the Customer's complaint is not justified, the Seller will inform the Customer of the reasons for his refusal and the product will be, at the Customer's choice, made available to him in the Seller's warehouses or sent to the address communicated by the Customer. , at the Customer's expense, within 30 days of receipt by the Seller of the product returned by the Customer.

Article 8- Commercial guarantees
When a product benefits from a commercial guarantee, the conditions of this special guarantee are set out directly in the description of the product concerned. The commercial guarantees do not deprive the Customer of his rights resulting from the legal guarantees of conformity and the aforementioned redhibitory defects or from any other action of a contractual or extra-contractual nature which is recognized by law.

Article L211-4 of the French consumer code
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L211-5 of the French consumer code
To be in conformity with the contract, the good must:
1 º Be suitable for the use usually expected of a similar item and, where applicable:

• correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
• present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.

2 º Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L211-12 of the French consumer code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the French civil code
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.

Article 1648 al 1 of the French civil code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Article 9 - Customer Service
For any questions relating to orders placed on the Site, the Customer may contact the Customer Service team.

• by telephone from Monday to Thursday from 9.30 a.m. to 6 p.m. and Friday from 9.30 a.m. to 5 p.m. (CET) at:
  
  France: +33 (0) 1 57 75 93 90
  
• by e-mail to: (response within 2 working days)
  • 
    info@march-lab.com

 

by mail - response within 4 working days (+ delivery time by post) - to:

Attention Customer Service
MARCH LA.B
50 rue Charlotte
75003 PARIS
France

 

Article 10 – Personal data
Customer data is collected and processed by MARCH LA.B. through its server located in the United States. The Customer can consult the "Confidential Notifications" section of the Site www.march-lab.com in order to obtain details of the personal data policy and to be informed of the use of their personal data and the way in which they are collected. and secure. Customer data is communicated to the Seller only for the purpose of fulfilling their orders in Europe. This information is strictly confidential and is only intended for the Seller and the companies designated by him to carry out the sales contract. They are processed in strict compliance with the provisions of Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms as amended. In accordance with this law, the Customer has the right to access, modify, rectify and delete information concerning him. The Customer may exercise his right at any time with Customer Service by indicating his surname, first name, address and e-mail address or by writing directly to:

Attention Customer Service
MARCH LA.B
50 rue Charlotte
75003 PARIS

The Customer is informed that this automated processing of information has been declared to the CNIL under number 1628368 v 0 dated 06-11-2012. The Seller reserves the right to contact the Customer in order to confirm his personal data. However, in order to preserve the confidentiality and security of the Customer's personal data, the Seller will never directly request confirmation of the complete bank details. The Seller may, in the event of suspicion of credit card fraud, ask the Customer for a photo copy or a scan of a color identity document (passport, identity card) as well as a photocopy of the front of his card. credit card in color by masking the first 12 digits of the card number. If the Customer does not wish to communicate these supporting documents, he may cancel his order free of charge.

Article 11 – Proof and archiving of transactions
The Customer and the Seller agree that any digital element exchanged between them (data, information, files, dates and times of connection to the Site, etc.) constitutes admissible, valid, opposable proof and has probative force. The Seller ensures the conservation of electronic documents relating to orders for a period of 10 years from the placing of the order. Archiving is carried out on a reliable and durable medium in accordance with the law in force. The Customer may request access and/or a copy of the archived documents at any time by contacting Customer Service.

Article 12 - Liability
The Seller is liable for damages caused to the Customer following the violation by the Seller of its legal or contractual obligations. On the other hand, the Seller's liability cannot be engaged in the event of non-performance of its legal or contractual obligations attributable either to the unforeseeable and insurmountable event of a third party to the contract, or to a case of force majeure as defined by case law. French, either due to or at the fault of the Client. Similarly, the Seller cannot be held liable for any inconvenience or damage related to the use of the Internet network, in particular an interruption in the availability of the Site, a break in service, an external intrusion or the presence of computer viruses, loss or alteration of data or files, or for consequential damages, whatever the causes and consequences. The Site may contain links to third-party sites not edited or not controlled by the Seller, who therefore declines all responsibility for their content and for the relations that the Customer may have with these third-party sites.

Article 13 – Completeness and topicality of the General Conditions of Sale
In the event that one of the clauses of this contract is null and void by a change in regulations or by a court decision, this cannot in any way affect the validity and respect of the other provisions of these General Conditions of sale. The applicable General Terms and Conditions of Sale are those in force on the day of the sale.

Article 14 – Applicable law and jurisdiction
Subject to the more favorable public order provisions of the law of the country in which the Customer has his habitual residence, these General Conditions of Sale as well as the relations and/or disputes resulting from sales on the Site are governed by French law. . After a prior written approach by consumers, a Mediator can be seized by them, simply and free of charge, for any consumer dispute whose settlement has not been successful.

Indeed and in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, MARCH LAB adheres to the MEDICYS Trade Mediator Service whose contact details are as follows: Concord - 73, Boulevard de Clichy - 75009 Paris. And whose website is as follows: https://app.medicys-consommation.fr/?proId=1051c09d-80b3-4059-bde5-4beab71d5b15 . In addition, in the event of a dispute that has not been able to find an amicable solution, the Customer's action may be brought, at its option, before the courts of the State in the territory of which the Seller is domiciled or before the courts of the State in the territory of which he himself is domiciled

At European level, the European Commission provides the Customer with an online dispute resolution platform at the following address: https://ec.europa.eu/consumers/odr/ . The European Commission will transfer the Customer's complaint to the competent national mediators.