Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale (“GTCS”) determine the rights and obligations of the parties in the context of the online sale of products offered by the company Malemea.

1.2 Any order placed on the https://malemea.com/ website implies prior and unconditional acceptance of these General Terms and Conditions of Sale, which are governed by French law. These terms and conditions form an integral part of the contract between the customer and the company. They are fully enforceable against the customer, who declares that he has read them and accepted them, without restriction or reservation, before placing the order.

1.3 These General Terms and Conditions apply to all orders placed by a natural person of legal age acting as a consumer. The customer therefore certifies that he or she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity. He/she acknowledges that he/she has the full capacity to commit him/herself when placing an Order and undertakes to provide truthful information as to his/her identity.

1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who are acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional, are expressly excluded from the scope of these GCS.
Professionals wishing to place an order with the company are invited to contact us directly.

1.5 The GCS applicable to each order are those in force on the date of payment (or first payment in the case of multiple payments) of the order. The company reserves the right to modify them at any time, by publishing a new version on its website. These GCS can be consulted on the company’s website at the following address: https://www.marbilloa.com.

Article 2 – ONLINE CONTRACT CONCLUSION

2.1. Ordering process

To purchase one or more products on the site, the customer selects each product and adds it to their basket. Once they have made their selection, they must confirm their basket in order to place their order (1st click).
At this point, the customer is redirected to a “containing” page, where a summary of the selected products is displayed, together with the corresponding prices, terms and conditions and any delivery charges (it is then up to the customer to check and correct the contents of their basket if necessary).
We advise all customers to read the General Terms and Conditions of Sale carefully before validating the entire Order.

This validation of the Order after verification of the basket and reading of the GCS (2nd click) constitutes the conclusion of the contract, and the customer acknowledges that the second click entails an obligation to pay on his/her part.

The customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed with the payment of their Order.

Once the order has been validated and payment made, the customer receives a confirmation message from the Company to the e-mail address they provided to create their account.
This message contains :
– A summary of the order (product selected, price, delivery terms, costs and delivery times)
– Company name and address
– Order number
– Terms, conditions and withdrawal form
– The link to these terms and conditions

The customer then receives an electronic invoice for the purchase, which the customer expressly accepts.

The customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent in electronic format, as these documents can be used as proof of the contract.

2.2 Refusal of order validation by the Company

The company reserves the right to refuse an Order for any legitimate reason, including for example :
– Orders that do not comply with the GCS
– Quantities ordered not corresponding to normal use by a consumer customer
– Non-payment of a previous order or an ongoing dispute concerning a previous order
– Suspicion of order fraud (supported by a body of corroborating evidence).

Article 3 – PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product specifications

The products offered by Malemea comply with current French legislation and standards applicable in France. Should a product be withdrawn from sale by the supplier for any reason whatsoever, Malemea will withdraw the product from sale as soon as possible. This action shall in no way give rise to a right of action in favor of the customer.

The products are described and reproduced by Malemea with the greatest possible accuracy. The information presented by Malemea is that communicated by the suppliers.
However, Malemea draws the customer’s attention to the fact that photographs cannot ensure perfect similarity with the product offered for sale, particularly with regard to colors. Differences may result from the color quality of the photographs, from the difficulty of rendering the materials on the screen, or from technical adaptation. Such differences may not be interpreted as defects in conformity and may lead to the cancellation of the sale, without prejudice to the exercise of the right of withdrawal.

3.2 Product availability

Malemea undertakes to honour orders received within the limits of its available stocks in France.
Product offers and related prices are valid as long as they are visible on the website.
In the event of an order for a product that proves to be unavailable, Malemea reserves the right to cancel the order; it will inform the customer of this as soon as possible by e-mail and will proceed to reimburse the customer in full.
In the event of an order for several products, the remainder of the order will be processed and dispatched to the customer.

Article 4 – PRODUCT PRICES

4.1 Composition and validity

The prices of products sold on the site are indicated in Euros, inclusive of all taxes, excluding shipping, warranty and ancillary service charges, and are valid as long as they are shown on the product description sheet.
If the price of the same product is incorrect elsewhere on the site (e.g. on the home page or in the newsletter), the price indicated in the shopping basket shall prevail.
Malemea reserves the right to modify its prices at any time. The valid price is the one displayed at the time the order is validated.

4.3 Taxes

The price of products offered for sale on the website is expressed in euros, inclusive of all taxes applicable in France and exclusive of delivery charges.
Taxes applicable to prices vary according to the sales territory, and more specifically for Reunion Island, prices include octroi de mer (provided for by law 2004-639 of July 2, 2004) and VAT at the locally applicable rate, in accordance with article 296 of the French General Tax Code.

Article 5 – PAYMENT

5.1 Payment security

To ensure transaction security, Malemea uses Stripe (an organization specializing in secure online transactions) for credit card payments.

Customers’ bank details are encrypted and then transmitted securely to Stripe.

5.2 Payment methods

To pay for an order, the customer can choose between different payment methods:
Payment by credit card :
The customer guarantees :
– That he/she is fully authorized to use said card
– That the card gives access to sufficient funds to cover all costs arising from the order.
In the event of payment by online card, the customer is required to provide the type and number of his/her payment card, the expiry date and the cryptogram.
The customer expressly acknowledges that the commitment to pay by card is irrevocable, and that communication of the credit card number constitutes authorization to debit the customer’s account up to the total amount corresponding to the products ordered. The amount will be debited when the order is validated.
Credit card payments are made via Stripe, a secure payment platform, and the credit card information communicated benefits from SSL encryption.

Payment by PAYPAL
To use this method of payment, the customer must have an account with PAYPAL. In the event of payment by PAYPAL, PAYPAL’s general conditions of use apply. PAYPAL payments are debited as soon as the purchase is validated.

Payment by voucher and/or promotional code
Vouchers and/or promotional codes issued by Malemea may be used to pay for all or part of the order. These vouchers and/or promotional codes are valid only once. In the event of attempted fraudulent use of vouchers and/or promotional codes, Malemea may cancel the order outright.

5.3 Verification/Cancellation
In general, in the event of refusal to authorize payment by officially accredited organizations or in the event of non-payment of the order, RMB ENTREPRISE LTD reserves the right to suspend and/or cancel said order.

RMB ENTREPRISE LTD reserves the right to suspend one or more of the payment methods offered at any time, particularly in the event that a payment service provider no longer offers the service used, or in the event of a dispute with a customer concerning a previous order.

RMB ENTREPRISE LTD reserves the right to implement an additional verification procedure for one or more orders to ensure that no one is using another person’s bank details without their knowledge.
As part of this verification, the customer may be asked to send RMB ENTREPRISE LTD , by email or post, a copy of an identity document, proof of address and a copy of the bank card used for payment. The customer will be given precise details of the exact content of the information requested (in order to protect the confidentiality of his or her data) in the event of verification. The order will only be validated after receipt and verification of the documents sent.

Article 6 – DELIVERY – RECEPTION

6.1 Delivery procedure

Products must be delivered to the address indicated by the customer when entering information during the order process. If the customer cannot be present at the address indicated on the day of delivery, the parcel will be left in the customer’s letterbox if this is possible, or failing this, a delivery notice will be left in the customer’s letterbox. It is then up to the customer to collect the order within 10 working days of the notice being left.

After this period of 10 working days, the product will be returned to Malemea. If the customer has entered an incorrect address when ordering, the carrier will be unable to deliver and the product will automatically be returned to Malemea. In both cases, if the customer decides to request a new delivery, this will be at the customer’s expense and must be paid for before the order is reshipped, by contacting customer service at Malemea.

In accordance with article L.216-4 of the French Consumer Code, any risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by him/her, and other than the carrier proposed by the professional, takes physical possession of the goods.

The delivery time for an order is made up of :
– Order preparation time
– The time taken to deliver the parcel.
Deliveries are made by Colissimo, or by any other private carrier chosen by Malemea to ensure secure delivery and guarantee compliance with the delivery times indicated.

In order to track the delivery of his order, the customer receives an email at the time of shipment of the product containing a tracking number for his package.

In application of articles L.216-1 and L.216-2 of the French Consumer Code, Malemea undertakes to deliver to the customer on the delivery date indicated in the order confirmation email, or failing this, within a maximum of 30 days following the order payment date.

6.2 Procedure for opening an inquiry with the carrier in the event of late delivery

In the event of non-receipt of a parcel within the indicative time limit, the customer may contact customer service at contact, who will determine the cause of the delay and communicate it to the customer.

If necessary, Malemea will investigate the delivery of the product with the carrier concerned. The carrier itself determines the duration of the loss investigation (generally 21 working days from the date of Malemea’s request to open the investigation).

The investigation is opened within 24 working hours of the customer sending Malemea information that his order has not been received, together with the documents required to open the investigation.

If the product is found during the investigation period, it will be delivered to the customer.

If the product is not found at the end of the investigation, and only on this condition, Malemea:
– Ships a replacement product at its own expense if the product is still available
– Refund the price of the order lost by the carrier or offer a credit on the next purchase if the product(s) ordered are no longer available.

6.3 Special cases

For product deliveries to departments of mainland France not linked to the mainland by a bridge (Corsica, Ile d’Yeu, Ile de Porquerolles, etc.), the estimated delivery time is systematically increased by 48 hours.
For deliveries to French overseas departments and territories, the estimated delivery time is systematically increased by 72 hours.
For deliveries outside mainland France and French overseas departments and territories, the estimated delivery time is systematically increased by 72 hours.
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6.4 Exclusion of liability
We decline all responsibility if the delivery time (indicative Colissimo time) is not respected by the Colissimo services.
We do not cover theft or poor delivery of mail by the Colissimo services.

7.2 Exclusions

In accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
– The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.
– Supply of goods made to the consumer’s specifications or clearly personalized.
– The supply of goods likely to deteriorate or expire rapidly.
– The supply of goods which have been unsealed by the consumer 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 items.
– The supply of alcoholic beverages whose delivery is deferred beyond 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 consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency.
– Supply of audio or video recordings or computer software when unsealed by the consumer after delivery.
– The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications; concluded at a public auction.

7.3 How to exercise the right of withdrawal

To exercise their right of withdrawal, customers must inform Malemea of their intention to withdraw either by completing the standard form, a model of which is shown below, or by sending an unambiguous statement expressing their intention to withdraw within the 14-day period mentioned above.

Model withdrawal form :
For the attention of RMB ENTREPRISE LTD at  High Street North, East Ham, London, United Kingdom, E6 2JA..
I, the undersigned _____________ hereby notify you of my withdrawal from the contract for the sale of the product below:

• Product name :
• Date of order and receipt :
• Order number :
• Withdrawal tracking number :
• Customer name :
• Customer address :
• Customer’s signature: (only in the case of notification of this form on paper)
• Date :

This form must be sent to the Company at one of the following addresses:
For hard copy, to
RMB ENTREPRISE LTD at  High Street North, East Ham, London, United Kingdom, E6 2JA..
For electronic mail, to the following address: contact@malemea.com

The customer has a period of 30 days from the date of notification of withdrawal to return the product to the company in its original packaging, the cost of return being borne exclusively by the customer.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the company to sell them again. In the event of receipt of products that have been opened, used, incomplete, damaged or soiled, the company will not issue any refund and may even, if it deems it necessary and appropriate, hold the customer liable for depreciation of the product.

In the event of return of the product under the conditions provided for by law and the present GCS, the company will reimburse all sums paid by the customer, including delivery costs, within 30 days of notification of withdrawal, unless the product is subsequently returned. In this case, the company will only proceed with reimbursement after receipt and verification of the condition of the returned product.

Article 8 – WARRANTIES

8.1 Legal warranties

The company remains liable for defects in conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the French Consumer Code, and for hidden defects in the goods sold in accordance with articles 1641 et seq. of the French Civil Code.

When acting under the legal warranty of conformity (as provided for in articles L.217-4 et seq. of the French Consumer Code), the consumer customer :
– Has a period of 2 years from the date of delivery to take action.
– May choose between repair or replacement of the product, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code.
– Is exempted from proving the existence of the lack of conformity during the 24 months following delivery of the good if the product is new, and during the 6 months following delivery if the product is sold second-hand.

The customer may also decide to take action under the legal warranty against hidden defects as defined in article 1641 of the French Civil Code, and may choose between rescission of the sale or a reduction in the price, in accordance with article 1644 of the French Civil Code.

These legal warranties apply independently of any contractual warranty.

Reproduction of applicable texts

L.217-4 Consumer Code
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or carried out under his responsibility. »

L.217-5 Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or in labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

L.217-9 Consumer Code
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice results in a cost that is clearly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »

L.217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

1641 of the Civil Code
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them. »

1648 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. […] »

8.2 Manufacturer’s warranty

Certain products on sale on the site benefit from a contractual guarantee granted by the supplier or manufacturer of the product, to which the company is not directly a party.
The existence of this type of guarantee is mentioned, where applicable, on the specific product page.
If the customer wishes to use this guarantee, he should notify the company by contacting customer service and that he himself consults the terms of application of the guarantee, which are generally inserted in the box regarding the product.

Please note that the benefit of the Manufacturer’s warranty does not preclude the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.

Article 9 – PROTECTION OF PERSONAL DATA

As part of the commercial relationship, the company, responsible for processing, collects a certain number of mandatory personal data (including, in particular, last name, first name, delivery address, etc. which are mentioned by an asterisk) which are absolutely necessary for the processing of ordering, managing the commercial relationship, producing statistics and complying with the company’s legal and regulatory obligations. They are kept for 5 years from the end of the contract.

Failure by the customer to communicate this information would make it impossible to process their order.

This data is intended for internal use by the company but may be transmitted to companies which contribute to the execution of the service, including in particular those which ensure the delivery of products or ensure the processing of payments.

Concerning this personal data, the customer has several rights:
– Right of access to personal data concerning him;
– Right of rectification and deletion if the personal data is inaccurate, incomplete, equivocal, out of date or if the collection, use, communication and retention of certain data is prohibited;
– Right to limit data processing, provided that this request is duly justified and does not prevent the company from complying with its regulatory and legal obligations;
– Right to object to data processing (particularly in the event of processing for commercial prospecting)
– Right to formulate post-mortem directives concerning the conservation, erasure and communication of your personal data
– Right to withdraw consent to carry out certain processing operations (processing carried out before withdrawal of consent remains lawful)
– Right to lodge a complaint with the CNIL.

To exercise his rights, the customer can send a request to the company, through:
a letter addressed to RMB ENTREPRISE LTD at  High Street North, East Ham, London, United Kingdom, E6 2JA.

The request must mention the customer’s email address, first and last names, postal address and must be accompanied by a copy of their double-sided identity document.

A response will be sent to him within one month of receipt of the request.

Article 10 – INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a product page, sales of products on the site do not result in any transfer of intellectual property on the products sold.

Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the company or their initial owner. No transfer of intellectual property rights is made through these General Terms and Conditions.

Article 11 – FORCE MAJEURE

The company cannot be held responsible for non-performance of its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The company will notify the customer of the occurrence of such an event as soon as possible.

Article 12 – EXCLUSION OF LIABILITY

Notwithstanding anything to the contrary stated herein, the company cannot under any circumstances be held responsible in the event of loss or damage due to inappropriate use of the product(s) by the customer, including in particular a modification or alteration of the product(s). product(s) not authorized by the company.

Article 13 – SUSPENSION – TERMINATION OF ACCOUNT

The company reserves the right to suspend or terminate the account of a customer who contravenes the provisions of the General Terms and Conditions, or generally the applicable legal provisions, without prejudice to any damages that the company may seek.

Any person whose account has been suspended or closed will not be able to order subsequently or create a new account on the site, without the prior authorization of the company.

Article 14 – ARCHIVING – PROOF

Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.

For each order, the order summary is sent by email to the customer and archived on the company’s website.

The archiving of communications between the company and the client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered proof of communications, orders, payments and transactions between the customer and the company. They can be produced as proof of the contract.

The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract.

The customer will have access to the archived elements upon simple request to the address contact@malemea.com.

Article 15 – NULLITY AND MODIFICATION OF THE CGV

If any of the stipulations of these General Terms and Conditions are void, it will be deemed unwritten, but will not result in the nullity of all of the contractual provisions.

Any tolerance on the part of the company, in the application of all or part of the commitments made within the framework of these T&Cs, whatever the frequency and duration, cannot constitute a modification of the T&Cs, nor generate a any right for the customer.

Article 16 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These General Terms and Conditions are subject to French law.

In the event of any difficulty, customer service is at your disposal to find an amicable solution.

In the absence of a solution found directly with customer service, the European Commission has set up a dispute resolution platform intended to collect possible complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/