GENERAL CONDITIONS OF SALE

1.PURPOSE

These general conditions of sale are intended to inform any potential buyer of the terms, rights and obligations of the parties, relating to the sale and delivery of the products offered on the Mariage Frères site. Any validated order made on this site implies the customer's total and unreserved acceptance of the general conditions of sale. These general conditions of sale may be modified at any time and without any notice by Mariage Frères.

EDITOR

The site www.mariagefreres.com is the property of MARIAGE FRÈRES, a public limited company with capital of €2,000,000, registered with the Registre du Commerce et des Sociétés de Paris under RCS 672 000 049. Its head office is located at 30 rue du Bourg- Tibourg Paris 75004 France. Its SIRET number is 672 000 049 000 29.

Tel: +33(0)142726580
Email: [email protected]
MARIAGE FRÈRES is the owner of the website https://www.mariagefreres.com and holds all the rights relating thereto. Except with prior and express authorization of MARIAGE FRÈRES, it is forbidden to copy or download all or part of the site or its content.

AUTHOR OF THE COMMERCIAL OFFER

The author of the offer which is the subject of a sales or service contract is MARIAGE FRÈRES VENTE À DISTANCE, SAS with a capital of €200,000, registered in the Registre du Commerce et des Sociétés de Paris under RCS 837 597 277. Its registered office is 10 rue du Parc Royal Paris 75003 France. Its SIRET number is 837 597 277 000 16. VAT number: FR53 837 597 277 - APE code: 4791B

MAIL ORDERS PRODUCTS & CONTACTS

Information on products sold by the Mail Order Department and through the website www.mariagefreres.com is available in our stores and on the website. In accordance with the terms of article L.111-1 of the Consumer Code, the customer has access, before the conclusion of the contract, to the essential characteristics of the goods and services sold - namely their nature, quantity and substantial qualities.

These are displayed by MARIAGE FRÈRES in French (English and Italian on the website).

In addition, our Department is at your disposal for any additional request, Monday to Friday from 9:30 a.m. to 5:00 p.m.:

Tel: +33(0)1 43 47 18 54
Fax: +33 (0) 1 48 40 40 42
Email: [email protected]
35, rue du Bourg-Tibourg Paris 75004

2. OBLIGATIONS AND RESPONSIBILITY

All the products for sale on the Mariage Frères site comply with the French legislation in force. Mariage Frères has an obligation to honour any confirmed order by automatic return email. In certain cases due to force majeure, Mariage Frères cannot be held responsible for non-execution of this contract (the following list, though not exhaustive, shows a few examples):

A) Out of stock or unavailability of a product, in particular because of agricultural problems such as bad weather, frost, etc.

B) Strikes or disruptions of postal services, means of transport, communications, etc.

C) Error entering delivery details when registering them on the site. Entering contact details is the sole responsibility of the customer. All the information disseminated on the merchant’s site, on paper documents, or in telephone or email exchanges are given free of charge, and can in no way engage the responsibility of Mariage Frères if you do not obtain the expected results.

3. PRODUCTS

In accordance with article L 111-1 of the Consumer Code, the buyer can access the essential characteristics of the products before ordering. The photographs, details and descriptions associated with the products are only indicative and do not contractually bind Mariage Frères at any time.

4. PRICES

All prices are expressed in euros including VAT, at the rate applicable on the day of the order. Any change in the VAT rate will be reflected in the selling price of the products. Product prices do not include delivery costs: only the final price, at the time the order is validated, includes packaging and delivery costs.

All orders are billed according to the conditions mentioned in the current catalogue at the date of registering the order. Prices may later be modified without prior notice. Products remain the property of MARIAGE FRÈRES until full payment has been completed.

DISCOUNTS

500 grams or 1 kilogram of the same tea in one bag allows a discount of:

5% is provided when ordering 500 grams to 1 kilogram of the same tea in one bag.
10% is provided when ordering 1 kilogram or more of the same tea in one bag.

SHIPPING COSTS

Add €8 to all orders of €60 and below delivered to the same address in France.
Free postage offered for all orders above €60 to the same address in France sent by Colissimo
Delivery costs are calculated according to a parcel's weight and place of destination.
Any customs duties are at the client's expense.
Free shipping to the same address outside metropolitan France for purchases over €100 shipped by UPS or Colissimo depending on the country.

5. PAYMENT

You can pay online when ordering with by Carte Bleue, Visa, Eurocard, Mastercard, American Express or with bank transfer. The order must be paid in full for it to be registered. Unpaid orders are not delivered. All unpaid orders or payment problems (false bank details, refused cheques, etc.,) will be billed €15. A detailed receipt will be sent with the parcel or by separate letter – if the delivery address is different from the billing address.

6. SECURITY

MARIAGE FRÈRES operates a secure payment system (SSL or Experian Pay Line) that guarantees total confidentiality of personal information transmitted over the Internet. MARIAGE FRÈRES pledges to only transmit its clients' personal information to its own bank for payment of orders. All other information left at the website (name, e-mail, etc.,) will not be put to use in any other way (e.g. onsold to mailing lists) than that strictly related to MARIAGE FRÈRES activities. (Computing and Liberties law 78-17 of 6 January 1978.)

7. PURCHASE ORDER ACCEPTANCE POLICY

All our offers are valid as advertised on mariagefreres.com subject to stock availability. For products not stocked in our warehouses, our offers are valid subject to availability from our suppliers. In accordance with the terms of article L.111-1 of the Consumer Code, prior to the conclusion of the contract, the client may enquire as to the essential characteristics of the goods or services, their nature, quantity and substantial qualities. All information is in French.

Before the conclusion of an online purchase contract, the client will see on his/her screen an order form presenting in detail his/her entire order, along with prices including tax, that he/she may modify or cancel. The validation of this order form implies the conclusion of the online contract.

By filling in an order form appearing on the site http://www.mariagefreres.com and validating the order (by clicking on Validate my order), the client acknowledges having acquainted him/herself, at the time the order is made, with the specific present conditions of sale, which alone will be applicable by contract thus concluded and the acceptance of payment by the debiting of the price indicated from the client's credit card. The sale becomes definitive after acceptance of the transaction by the secure online payment services.

Data recorded by mariagefreres.com constitutes proof of all transactions between mariagefreres.com and its customers.

Data recorded by the payment system constitutes proof of financial transactions. MARIAGE FRÈRES reserves the possibility to not register an order for whatever reason, particularly when related to a product supply problem, a problem concerning the received order, or a foreseeable problem to do with delivery.

8. WITHDRAWAL

Pursuant to the provisions of Article L121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for transactions relating to goods likely to deteriorate or expire quickly, or for those that cannot be reshipped. Likewise, it does not apply for clearly personalized goods. For other products and services, and in accordance with the terms of the article L.121-16 of the Consumer Code, the client has, from the date of delivery, a period of 14 working days to return the order for an exchange or reimbursement.

The consumer must cover the costs of returning the merchandise. The product must imperatively be returned in its original wrapping, intact and accompanied by all accessories, instruction leaflets and documents.

The practice of right of withdrawal obliges the dealer to reimburse the sums paid by the buyer within 14 days from the date on which the trader was notified of the consumer's decision to withdraw.

You do not have to justify your decision. To use this right concerning your orders, simply send us back the duly completed withdrawal form or clearly express your request in a letter or email to our Mail Order Department specifying:

Your surname, first name, customer reference if possible,
Your address,
Order references.
Items you wish to exchange or refund.

9. LINKS

The Service may provide, or third parties may include, links to other websites or other internet sources. Given that MARIAGE FRÈRES cannot control these external sites or sources, each user recognises that MARIAGE FRÈRES cannot be held liable for putting information at the disposal of these external sites and sources, and cannot be held responsible as to the contents, advertisements, products, services or any other material available on or from these external sites or sources. Moreover, each user recognises that MARIAGE FRÈRES cannot be held responsible for all damages or losses established or claimed consecutive or related to the use or having confidence in the contents, goods or services available on these external sites and sources.

10. DELIVERY

Orders are processed and shipped the day after their registration. Orders placed on Friday, Saturday or Sunday are processed and sent the following Monday. Orders placed on a public holiday are processed and shipped the next business day. Generally, the dispatch of the order is processed within the working day following its registration.

11. COMPLAINTS

MARIAGE FRÈRES agrees to exchange or refund any product bearing a hidden or prohibitory defect, in accordance with article 1641 of the Civil Code and L211-1 and following of the Consumer Code, or that does not meet the current standards of quality our customers are entitled to expect from our company, so long as this claim is made in good faith. In accordance with the law, if an exchange clearly entails too high a cost for MARIAGE FRÈRES, the company will refund the item.

Refunding products is made only on condition that no anomaly is found on the products. The return of a visibly used or manipulated item nullifies this right. If this happens to be the case, MARIAGE FRÈRES reserves the right to refuse reimbursement to the customer.

The refund of the total amount of the order will be made within 14 days of the return, by the same means used by the customer at time of purchase. The customer will receive a printable email or letter confirming the refund information and date.

The exchange of the articles concerned will be made within 14 days of the return. In the event these articles are unavailable, they will be replaced in the same quantities by articles of equivalent or superior quality and value. You will receive either by mail or email a shipping slip for the new items as well as a pre-filled return slip paying the shipping costs of the package (according to the carrier you have chosen).

12. RESPONSABILITY

The products offered are conform to current French legislation. MARIAGE FRÈRES cannot be held responsible for any failure to meet the requirements of the legislation of any other country where products are delivered. It is the client's responsibility to verify with local authorities the possibility to import or use the products or services he/she envisages ordering. The client is solely responsible for the choice of products, their preservation from the date of delivery, and their use. Under no account can MARIAGE FRÈRES by held responsible for any damage arising from this. MARIAGE FRÈRES guarantees that the products are in perfect condition when given to the transporter. This is the only guarantee agreed to by MARIAGE FRÈRES. No other guarantee, express or tacit, is accorded. In particular, MARIAGE FRÈRES cannot guarantee that the products respond to the specific expectations of the client. MARIAGE FRÈRES cannot be held responsible for the nonfulfillment of the contract concluded in the event of a stock shortage or product unavailability, force majeure, political upheaval or total or partial strike action affecting in particular postal, transportation and/or communications services, floods or fire.

The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, MARIAGE FRÈRES cannot be held responsible should there be an error in one of these photographs or texts. MARIAGE FRÈRES will not incur any liability for any consequential damages because of these presents (operating loss, profit loss, chance loss, damages or costs). On no account will MARIAGE FRÈRES be held responsible for any damages of whatever nature resulting from any impossibility of use, access, of all loss or profit loss following directly from the information available on this server, and this whatever the origin of the loss.

MARIAGE FRÈRES also declines all responsibility for any damages of whatever kind resulting from the fraudulent intrusion of a third party causing the modification of information available on its site. It also cannot not be held responsible for any damages, of whatever kind, resulting from the interpretation or use of the information available on its server. In any event, no matter the possible motive for complaint against MARIAGE FRÈRES, its responsibility is limited to the lowest of the following amounts: (i) amount of direct loss sustained by the the client or (ii) price of the order.

13. INTELLECTUAL PROPERTY

MARIAGE FRERES is the owner of the website http://www.mariagefreres.com and holds the group of rights relating to it. All the texts, commentaries, works, illustrations and images reproduced at http://www.mariagefreres.com are reserved by copyright, as well as intellectual property rights, worldwide.

Private, individual, personal and non-transmissible use of the site or of one of its elements, the right of reproduction for the purposes of representation on a single-user screen and reproduction, in a copy, backup copy or hard copy, only is permitted. MARIAGE FRÈRES cannot be considered to accord any other right than the consultation of its site.

Except with the prior and express permission of MARIAGE FRÈRES, it is forbidden to copy and/or download all or part of the website and its contents. All reproduction, be it total or in part, of the MARIAGE FRÈRES catalogue is strictly prohibited.

Our photos are subject to the 1 July 1992 Law on Intellectual Property Code and all other laws concerning literary or artistic property and the rights of the person and his/her image. All use, reproduction, interpretation of our photographs without prior written agreement from us is an infringement in the sense of the law.

Except with the prior and express permission of MARIAGE FRÈRES, it is prohibited to use all representation or reproduction, even in part, of this site's contents or of one of its elements, especially for commercial purposes, just as any use is prohibited of one of the site's elements within a computer network environment or via a link mechanism. The display of a page from this site in a window not belonging to MARIAGE FRÈRES (by the technique known as "framing") and the insertion of an image or graphic belonging to MARIAGE FRÈRES in a page not belonging to MARIAGE FRÈRES (by the technique known as "in-line linking") is prohibited.

The repeated and systematic extraction of any of the website's unprotected elements detrimental in whatsoever way to MARIAGE FRÈRES, particularly with regard to Law 98-53 of 1 July 1998 transposing Directive 96/9/EC of the European Parliament, dated 11 March 1996, into national intellectual law governing the legal protection of databases, is prohibited and could become the object of legal proceedings.

14. PRIVACY LINKS

The Mail Order Department may provide, or third parties may include, links to other websites or Internet addresses. Insofar as MARIAGE FRÈRES cannot control these external sites and addresses, each user of the MARIAGE FRÈRES website acknowledges that MARIAGE FRÈRES cannot be held responsible for the provision of these external sites and addresses, nor the content, advertisements, products, services or any other material available on or from these sites or external addresses. In addition, each user acknowledges that MARIAGE FRÈRES cannot be held liable for any proven or alleged damage or loss resulting from or in connection with the use or the fact of having trusted the content, goods or services available on these external sites or addresses.

PROCESSING OF PERSONAL DATA

In compliance with the law "Informatique et libertés" n°78-17 of 6 January 1978, amended by law n°2004-801 of 6 August 2004 and by order n°200-111012 of 24 August 2011 enforcing European directive 2009/136/EC and other legal provisions, the company MARIAGE FRÈRES informs its customers and users of its site that it creates an electronic file from customer accounts containing the personal information freely and expressly provided when ordering from the Mail Order Department, on the mariagefreres.com site or when subscribing to the Newsletter. This file contains the name, first name, postal and email addresses of the customer, their telephone number, their personal identifiers relating to the customer account, their navigation language and the history of their orders. The bank details transmitted for the purpose of payment are not kept by MARIAGE FRÈRES and are directly processed by its banks during transactions. The information collected by MARIAGE FRÈRES is kept by the company for 3 years. At the end of this period, an email will be sent asking you to renew your consent: if you accept, we will maintain the file but if you refuse your personal information will be erased. Failure to respond will result in the destruction of personal account data. This file is declared to the CNIL according to the French regulations in force.

The information collected allows the company to best meet the expectations of its customers. This information is only used internally by MARIAGE FRÈRES for its commercial activities, particularly to ensure the processing of orders, to reinforce and personalise the communication of commercial offers reserved for MARIAGE FRÈRES customers and to maintain the website. In the event that the customer voluntarily continues to add to their file, they have the right, in accordance with the law “Informatique et Libertés”, to access, correct and contest the information concerning them.

The customer can simply express such a request by email or post, indicating their surname, first name, address and, if possible, customer reference to the address of the Mail Orders Department or to our IT Department at [email protected] .

MARIAGE FRÈRES does not disclose this information to any third party, in particular advertising agencies, and does not use any information directly or indirectly comunicated on its website for any purpose other than the strict economic activity of the company. This information is confidential. The financial information will be transmitted to its banks for the settlement of orders, payment verification and security procedures.

MARIAGE FRÈRES reserves the right to share this information with the competent authorities under any conditions required by law. In the event activity is transferred to a third party, this data will be transmitted to the latter in accordance with the legal provisions in force.

♦ Definition and consent

Cookies are files installed by a website on a user's computer or any device connected to the internet when browsing the website, which allow the connected device to be recognized for future visits and to perform various other features. Browsing on the mariagefreres.com site requires the use of cookies: you must consent to this in order to be able to place an order and keep your selection in the shopping cart. Below are different types of cookies generally used by today’s websites:

Cookies necessary for operation: these cookies are necessary for the proper functioning of the site and allow the recording of your order, the operation of the shopping cart and the identification of customers by their personal account. You must accept these cookies in order to make a purchase on our site or consult your customer account. The MARIAGE FRÈRES site requires your consent to the use of cookies in order to be able to manage your shopping cart and identify you throughout your visit.
Statistical cookies: these allow for the collection of anonymous statistical data relating to the frequentation of the site. User consent is assumed by law. This service is provided for us by Google Analytics. If you wish to refuse the collection of this data, which is anonymous, please refer to Google's terms of use in order to send your request to them.
Performance cookies: they allow for the improvement of navigation, services such as language preferences, the display and the fluidity of web pages…MARIAGE FRÈRES does not use this type of cookie.
Social network cookies: when an Internet user accesses the mariagefreres.com site through a social network user account (such as Facebook), the social network transmits public data relating to the user's profile to MARIAGE FRÈRES thanks to its cookies. MARIAGE FRÈRES does not use this information in any way.
Refusal cookie: if the user has consented to this type of cookie, their IP address is recognized solely for the purpose of refusing the installation of other cookies during future visits.

♦ Data collection and expiration time

MARIAGE FRÈRES only uses server cookies necessary for the operation of its website. With the exception of the cookie managing the shopping basket, which is stored for 7 days if you connect through your customer account, these cookies have a lifespan of 48 hours. MARIAGE FRÈRES collects the history of the articles you have consulted, your purchases, the history of your connections when you identify yourself and your consent to the use of cookies.

♦ Procedures for setting up browsers In order to authorize the use of cookies you must make changes in your browser:

Internet Explorer: In the "Tools" menu choose "Internet Options" then in the "Privacy" tab put the setting on "High".
FireFox: In the "Tools" menu, choose "Options" then in the "Privacy" tab, you must access the "delete specific cookies" window using a button. Then choose the cookies hosted by the MARIAGE FRÈRES site from the list and delete them.
Google Chrome: In the “Settings” menu, access the content settings by clicking on the button in the “Privacy” paragraph. Then choose a general setting or specifically delete cookies by clicking on the cross on the right in the “Cookies and site data” window.

For all other browsers, please consult their settings by referring to the help section if necessary.

15. APPLICABLE LAW

Only the present conditions in French are deemed authentic. The rights and obligations of parties are regulated by French law, most especially by the regulation of distance-selling (articles L. 121-16 to L. 121-20 of the Consumer Code integrating directive 97/7 CE of 20 May 1997 relative to consumer protection with regard to online contracts).

The acceptance, drafts, mandates, conditions of carriage do not bring about novation or exemption from this clause.

16. UNIQUE ADDRESS FOR MAIL ORDERS

MARIAGE FRÈRES VENTE À DISTANCE

35, Rue du Bourg-Tibourg 75004 Paris - France
Tél : 01 43 47 18 54 / de l'étranger : +33 1 43 47 18 54
Fax : 01 48 40 40 42 / de l'étranger : +33 1 48 40 40 42
E-mail: [email protected]

© Mariage Frères 2022 All rights of reproduction and representation reserved. The texts presented on this website are covered by intellectual property rights. MARIAGE FRERES is the owner of the website http://www.mariagefreres.com and holds the group of rights relating to it. All the texts, commentaries, works, illustrations and images reproduced at http://www.mariagefreres.com are reserved by copyright, as well as intellectual property rights, worldwide. Private, individual, personal and non-transmissible use of the site or of one of its elements, the right of reproduction for the purposes of representation on a single-user screen and reproduction, in a copy, backup copy or hard copy, only is permitted. MARIAGE FRÈRES cannot be considered to accord any other right than the consultation of its site. Except with the prior and express permission of MARIAGE FRÈRES, it is forbidden to copy and/or download all or part of the website and its contents. All reproduction, be it total or in part, of the MARIAGE FRÈRES catalogue is strictly prohibited. Our photos are subject to the 1 July 1992 Law on Intellectual Property Code and all other laws concerning literary or artistic property and the rights of the person and his/her image. All use, reproduction, interpretation of our photographs without prior written agreement from us is an infringement in the sense of the law.