TERMS AND CONDITIONS OF SALE AND USE WWW.MARINADEBOURBON.COM
www.marinadebourbon.com is a Site owned and operated by the company ZYLANGIA which is registered in France. ZYLANGIA’s registered office is at 25, avenue George V – 75008 PARIS. ZYLANGIA manufacture, sell and distribute luxury perfumes and fragrances under their brand « PRINCESSE MARINA DE BOURBON PARIS » hereinafter referred to as « MARINA DE BOURBON ».
This Website offers to its Users the opportunity to shop online a wide variety of MARINA DE BOURBON luxury perfumes and cosmetics Goods.
The Terms and Conditions laid down herein regulate the access to and use of the services on www.marinadebourbon.com Website.
The Users of www.marinadebourbon.com are therefore strongly advised to read carefully the aforementionned Terms and Conditions prior to using this Website.
All Orders imply full acceptance and without any reservation by the Users of these Terms and Conditions. If the Users do not agree with any of these, they should not use this Website.
Clause 1 : Definitions and Interpretations
Terms or expressions which begin with a capital letter are defined as follows, unless the context specifies otherwise:
« ZYLANGIA » : the company which controls and operates the Site whose activities have been defined in the introduction of these General conditions of Sale and Use.
« Website » : means the Website whose address is www.marinadebourbon.com which is operated by ZYLANGIA according to computer formats used on the Internet including different types of data, including text, audio, graphics and animation, videos, databases, to be viewed by the Users, for the promotion of its Goods and services
« Buyer » : meansthat a person of at least 18 years old and who is legally ableto enter into a contract and fullfilling all obligations, stipulated herein, triggered by placing an Order on this Website after identifying himself by submitting his personal information on the Website online form.
« User » : means any physical person who access the Site and go through all the services available on the Website, without placing an Order.
« Order » : means the next step taken by the Buyer after his access and navigation on the Website, by accepting the offer made on the Website.
« Terms and Conditions of Sale and Use » : means the Terms and Conditions hereinafter
« Shipping and delivery charges » : means the money paid for the expenses incurred by the Website for sending the Goods Ordered by the Buyer to him and which is not included in the Price.
The Shipping and Delivery charges are those which are determined by Colissimo only as per its General Conditions of Sale.
The terms and conditions set forth herein are laid down by MARINA DE BOURBON for operating this Website.
The aforesaid terms and conditions set out the rules and policies which regulate the access to and use of the services on www.marinadebourbon.com where MARINA DE BOURBON offers for sale its own brand labelled Good to the Users.
Clause 3 : Scope
These General Terms and Conditions of Sales shall apply to all Users and Buyers living in France and in its overseas districts and territories.
By accessing, browsing and using this Website the User acknowledge that to have read, understood and agreed to abide by and comply, without any restriction and reservation whatsoever with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Sale and Use.
MARINA DE BOURBON reserves the right to restrict access to its Website and terminate or suspend the account of any Buyer without any prior notice if he/she infringes any terms and conditions set out herein.
Only the version of the Terms and Conditions published on the Website at the date the Buyer places his/her Order shall be applicable.
The terms and conditions contained herein apply to any online Orders which are accepted by MARINA DE BOURBON whenever the Buyer receives an email either acknowledging receipt of his/her Order or a confirmation of same.
Goods purchasedon thisSiteare intendedfor personal and non-commercial use only. Therefore, resale of any Goods purchased on thisSiteare strictly prohibited.
Clause 4 : Amendments to the Terms and Conditions of Sale and Use
MARINA DE BOURBON reserves the right to amend these Terms and Conditions at any time without notice to the Users and without any liability to the Users.
The Terms and Conditions applicable to the Buyer are those in force at the time of his/her Order. If the User continues to use the Website after the effective date of each amendment, he/she will be conclusively deemed to have accepted such amended version of these Terms and Conditions.
The Buyer is responsible for regularly reviewing the Website to obtain timely notice of such amendments and being familiar with the amended terms and conditions that apply to any Order he/she has placed
Clause 5 : Website access – Use of the Site
Any Users/Buyer can access the Site if he/she managed to be connected to the Internet.
The User/Buyer shall, at his/her own expense, be solely responsible for obtaining and maintaining appropriate equipment and ancillary services needed to connect to, access, browse or use the Website.
MARINA DE BOURBON does not ensure the Website’s compatibility with a specific setting or equipment, which the User acknowledges and accepts.
MARINA DE BOURBON does not and cannot warrant that the User would access the Site and its Content, nor that the Site would be available at all times or at any given time nor that it is error-free. MARINA DE BOURBON is not responsible for any delays or interruptions to the Site.
MARINA DE BOURBON shall in no event be held liable for any damages, including damages to the terminal used, as a result of eventual dysfunction of the Site which prevent him/her from accessing, browsing or using the Site.
MARINA DE BOURBON reserves the right to suspend, limit or interrupt access to the Website or some of its pages to update or modify its content, or for any other action deemed necessary in order to ensure its proper functioning or for any reason whatsoever at any time, without prior notice or compensation. MARINA DE BOURBON shall not thereafter be held responsible for any loss, cost, damage or liability that may result from the discontinuance of its Site.
Article 6 : Personal and private information
The User is solely responsible for the data that he communicates in connection with the use of the Site and declares that the data provided in connection with his registration are perfectly accurate and accurate.
The Buyer is informed that, the personal and private information he communicates through the online form on the Site is necessary to respond to his request and are intended strictly for MARINA DE BOURBON, as data controller, for processing only the Order the Buyer has placed.
The User is informed that, in accordance with Section 34 of the Information Technology, Files and Freedoms Act 1978 (Act of Parliament n° 78-17 of January 6, 1978) as amended, has a right of access, query and rectification which allows him, if necessary, to correct, supplement, update, lock or delete his/her personal data which is incorrect, incomplete, misleading, outdated or whose collection, use, disclosure or storage is prohibited. The User also has a right to oppose the processing of his data for legitimate reasons and a right to object to his data being used any other purposes than for processing his purchase Order. The Buyer can exercice his rights by filling in the online form on the page « Contact Us » of the Website www.marinadebourbon.com.
The automated processing of personal data carried out from the Website www.marinadebourbon.com including the management of the Users’ email is compliant to the Information Technology, Files and Freedoms Act 1978 as amended. The Website has accordingly been registered with the French Data Protection Agency (CNIL – www.cnil.fr), under CNIL number 2015325.
Clause 7 : Availability
Whilst MARINA DE BOURBON try to keep the Site up to date, stock availability information is subject to change and this may impact upon the delivery of the Goods to the User. Therefore, Goods displayed online are available while stock last. In the event that the User places and Order on www.marinadebourbon.com for Goods that are temporarily out of stock, MARINA DE BOURBON will notify the User as soon as possible either following the placing of his Order, or before dispatch. The User shall be informed either by phone or by email.
In that respect, MARINA DE BOURBON will deduct the cost of the unavailable Good(s) off the total value of the User’s Basket.
If one or more Goods are unavailable after the Buyer has placed an Order, he/she is entitled to cancel his/her Order by requesting either the refund of any monies paid within thirty days (30) at the latest after his/her bank account has been debited. The Buyer can alternatively request an exchange of Goods. The User shall use the online form « Contact us » on the Website to cancel his/her Order.
Subject to availability, the Buyer may receive at most three samples when he/she places an Order. MARINA DE BOURBON is entitled to replace unavalailable samples by another ones without prior notice to the Buyer.
If the number of sample exceeds the authorised quantity due to any dysfunction of the Website, MARINA DE BOURBON reserves the right not to send them.
Subject to availability and depending on his/her Order, the Buyer may receive a gift, which he has priorly selected, when placing the Order. MARINA DE BOURBON reserves the right to replace unavalailable Gifts by another ones without prior notice to the Buyer.
If the number of gift and sample exceeds the authorised quantity due to any dysfunction of the Website, MARINA DE BOURBON can refuse sending them.
Clause 8 : Claims and Complaints
Buyers who have any complaints or claims about the Goods sold on www.marinadebourbon.com, can write to MARINA DE BOURBON by using the online contact form « Contact Us ».
Clause 9 : Intellectual Property Rights
Unless stated otherwise MARINA DE BOURBON is the sole and exclusive owner of all intellectual property rights, such as trademarks and copyrights, of all the content displayed and/or downloadable, on this Site, including photographic images, graphic images, text, captions, video, audio-visual files, digital files and software and all of the features of this Site and its supporting framework.
MARINA DE BOURBON is the sole and exclusive owner of all intellectual property rights, of all the content of this Website. MARINA DE BOURBON. Therefore, any content accessed or downloaded by the User (whether or not such access or download was authorised) transfers no right, title or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of MARINA DE BOURBON.
Reproduction in whole or in part of this Site is strictly prohibited and would amount to an infringement of the intellectual property rights of MARINA DE BOURBON.
The reproduction of the materials and contents of this Website is authorised for the exclusive purpose of information for strictly personal and private use. Any form of reproduction or use of copies made for other purposes are strictly prohibited.
MARINA DE BOURBON reserves the right to sue anyone who infringes its intellectual property rights.
Article 10 : LIMITATION OF LIABILITY
Website access and improper use of the Site
The User access to this Site or any Site element is at his/her own risk.
The User shall, at his/her own expense be solely responsible for obtaining and maintaining appropriate equipment and ancillary services needed to connect to, access, browse or use the Website.
MARINA DE BOURBON shall in no event be held liable for any damages, including damages to the terminal used, resulting from systems failures, the dysfunction (computer bugs) of the Site or its improper use by the User which prevent him/her from accessing, browsing or using the Site.
Online shopping failure – Inaccuracies and omission on the Site contents
MARINA DE BOURBON shall not be liable to the Buyer if it is prevented or delayed in the performing of any obligations to the Buyer due to stock shortage or unavailability of a Good or to to any cause beyond the reasonable control of MARINA DE BOURBON including: an act of God, disturbances or strikes, industrial action or stoppages of work in particular by postal and shipping and communication services.
MARINA DE BOURBON shall not be held liable for any indirect damages arising from the online shopping on the Site.
MARINA DE BOURBON shall not be held liable for any inaccuracies, errors or omissions in the information provided on this Site.
Clause 11 : Site’s restriction and cancellation of account
If the Buyer fails to comply with these terms and conditions, MARINA DE BOURBON reserves the right to restrict the Buyer’s access to the Site or suspend his/her account in Order to clear up the situation.
If the situation remains unsettled within seven (7) days of its notification by MARINA DE BOURBON even though the breach could have been cured, the latter will be entitled to terminate permanently the access of the Buyer to the Site.
The Buyer will be informed of the termination of his account and the restriction to the Site in an explanatory email.
Furthermore, MARINA DE BOURBON reserves the right to terminate, without prior notice and with immediate effect, the services provided if the Buyer’s behaviour seriously violates these terms and conditions, mainly but not only when he is suspected of making fraudulent transfer of funds or being involved in any criminal activities. Under these circumstances the termination of his/her account shall not entitle the Buyer to any indemnity of any kind whatsoever.
Clause 12 : Shopping Process
12.1. Placing an Order
To place an Order the Buyer needs first to select an item for sale displayed on the Website www.marinadebourbon.com and then he has to click the « Add to Basket » tab. The Buyer can add many items in his/her Basket. He/she can access the Goods’ description, which is in French, by clicking on each item.
All the prices of the Goods displayed on the Website are tax-inclusive.
When ordering Goods or services through the Website, please note that all prices include updated Value Added Tax and any change to its rate will be automatically reflected in the prices displayed. Full payment is required to finalise the Buyer’s Order.
Under no circumstances, the money paid would be considered as down payment or installments.
The Buyer completes his/her Order by clicking on the “Checkout” button at the end of the online shopping process, after having priorly followed a set of simple instructions on the Site. The Buyer may read the FAQs for more information on how to order online.
After completion of the payment details, the Buyer will receive an on-screen acknowledgement with the Buyer’s Order number and details (selected Good, number of Goods, total price, ...). This acknowledgment pop-up shall be considered as the confirmation of the Buyer's Order by MARINA DE BOURBON.
At any time, the Buyer may:
obtain a summary of the items he has added to his Basket or modify his Order, by clicking on the "Basket" tab, which is at the top right of each page ;
continue to add items to his Basket ;
finalise his Order by clicking on the "Checkout" tab.
The Buyer must then identify himself:
either by logging in through his e-mail address and password, if he is already registered,
or by completing accurately the online form, wherein he will include the details necessary for his identification, including his first and last name, e-mail, postal address.
MARINA DE BOURBON reserves the right to cancel any Order for any reasons she deems appropriate.
All payments, including shipping/delivery charges must be made via MARINA DE BOURBON’s secure online payment Website by Carte Bleue, Visa, Mastercard, Eurocard.
To prevent and minimize any risk of fraud and abuse, MARINA DE BOURBON uses encrypted networkcommunications for all 3D secure transmission.
MARINA DE BOURBON reserves the right to suspend or cancel any Order if the Buyer fails to make the required payment.
Without prejudice to any of its other rights MARINA DE BOURBON is entitled to suspend or cancel any prior Order if the Buyer fails to make payment on the due date.
Buyers are limited to 10 items of the same Good per Order. The Goods are offered within stocks availability. MARINA DE BOURBON cannot guarantee the availability of the Goods shown on the Site.
The Goods displayed on the Website are subject to availability. If the Goods ordered are out of stock MARINA DE BOURBON will inform the Buyer as soon as possible either following the placing of his Order or before dispatch. The Buyer shall be informed either by phone or by email.
12.3. Retention of title clause
All Goods Ordered will remain the property of MARINA DE BOURBON until the latter has been fully paid.
If the Buyer’s payment is not received while he/she has already received the Goods Ordered online, those Goods must be returned in the same condition that they have been delivered at your own expense.
The Goods are at Buyer’s risk (namely loss, theft, damage) from the time of delivery which becomes effective at the date MARINA DE BOURBON receives full payment.
12.4. Promotional offers
Promotional offers that might be displayed on the Site are subject to the time periodspecified thereof and stocks availability.
12.5. Goods Delivery – Shipping charges/delay
An Order confirmation email will be sent to the Buyer.
The Buyer needs to provide details which are essential for the completion of the transaction : his first and last name, and eventually first and last names of the recipient if he/she is not the Buyer, the detailed address for the delivery.
MARINA DE BOURBON will deliver the Goods, in accordance to the delivery time frame stated in Colissimo’s terms and conditions, after receiving the Buyer’s payment.
The Shipping and Delivery charges are those which are determined by Colissimo only as per its General Conditions of Sale.
Therefore, the charges incurred for sending the Goods sold on the Website, are subject to Colissimo General Conditions of Sale and Use only.
Delivery will be made to the address specified by the Buyer on the online order form.
If there is no one present at the specified address upon delivery, the Courier/delivery person will leave a delivery notice indicating the time and date Colissimo has attempted to deliver the Buyer’s post and the post office where the parcel can be picked up.
All parcels must be opened in the presence of the courier/delivery person immediately upon receipt of the same. The Buyer must check if the Goods received are undamaged and if they match the description of the Goods he/she ordered online. If there are any apparent flaws (missing Goods, damaged parcel) the Buyer can thereupon complain to the courier/delivery person.
The Buyer is advised to contact MARINA DE BOURBON online customer service within 14 days of the delivery. Any claims made after this period will not be considered unless exceptionnal circumstances made it impossible for the Buyer to claim on time. If the Buyer did neither receive the Goods ordered nor the missed delivery notification card, he can track his parcel on Colissimo’s Website. The Buyer can also contact MARINA BOURBON customer service by using the Website online form « Contact us ».
If the Goods received by the Buyer do not match the description made on the Website www.marinadebourbon.com, the Buyer must contact MARINA DE BOURBON within a maximum period of seven (7) days from the date of receipt of the Goods, by sending an explanatory e-mail, accompanied by pictures of the Goods received to support his/her assertions. MARINA DE BOURBON will thereafter determine whether or not the Goods delivered are different from those Ordered by the Buyer. The non-conforming Goods have to be returned in the manner set out in clause 13.3 below.
If the Goods dispatched do not conform with the specification of the Buyer’s Order, MARINA DE BOURBON can offer the Buyer to be refunded by charging back his payment card.
13.2. Right of cancellation and refund
Pursuant to the provision of article L 121-18 of the French Consumer code, the Buyer has the right to cancel his Order within 14 working days of delivery.
If the aforesaid 14 days cooling-off period expire either on a Saturday, a Sunday, or a holiday or non-working day, it is extended until the next working day. To exercise his/her right to cancel, the Buyer must notify MARINA DE BOURBON that he/she wishes to cancel his Order and obtain a refund by
sending an email whereby he express his to exercise his rights to cancel his Order
returning the Goods at the following address : ZYLANGIA, 25, avenue George V – 75008 Paris as per the manner set out at clause 13.3 below
Within 30 days after the Goods have been received by MARINA DE BOURBON, the latter will issue a full refund to the Buyer of the money he has paid (that is Sale’s Price, Shipping/Delivery charges ; the return of the Goods are free of charge) by recrediting his bank account accordingly.
However, the Goods must be returned to MARINA DE BOURBON via Colissimo and the sending date mentionned therewith. If MARINA DE BOURBON does not receive the cancelled Goods, it may collect or arrange for collection of the Goods at the Buyer’s expense.
MARINA DE BOURBON will not accept any cancelled Goods whose outer cellophane wrapping has been removed at the delivery.
13.3. Returns Policy
The return of cancelled Goods made according to the return’s policy set out in clause 13.1 and clause 13.2, must be made at the following address : ZYLANGIA, 25, avenue George V; 75008 Paris
All returned Goodswillbeaccepted on the following conditions
The Goods must be returned in a perfect state of resale, in their original condition (unopened and untouched packaging, accessories, notice ...), and accompanied by the signed "return voucher" and a copy of the " delivery slip". Returns made without the aforementioned aforementioned "return voucher" are not accepted.
Only Goods returned within 14 days of its receipt by the Buyer would be accepted by MARINA DE BOURBON.
Send the parcel via Colissimo at the following address : ZYLANGIA - SERVICE CLIENTS INTERNET - 25, avenue George V, 75008 Paris.
The returnof the Goodsis at the Buyer's risk and expense. Failure to comply with the return’s policy stated in these Terms and Conditions and the indicated time frame, the Buyer shall be denied any claims pertaining to non-conforming or apparent defective Goods. In that respect, they will be considered being in conformity with the Buyer’s Order and without any visible flaws whatsoever.
If any Goods are returned dueto an error from MARINA DE BOURBON, the Shipping charges will be fully reimbursed to the Buyer.
When the Order is dispatched the Buyer may return any Goods and receive a full refund if he/she considers that the Good delivered is not satisfactory. However, the Shipping charges will be at the Buyer’s expense.
Clause 14 : Miscellaneous provisions
Upon registration on this Website and acceptance of any Order by MARINA DE BOURBON, the Buyer is bound to the Terms and Conditions set forth herein on the Order date.
MARINA DE BOURBON reserves the right to amend these Terms and Conditions at any time without notice to you and without any liabilitytothe User.
The Terms and Conditions that apply to the User are those in force at the time of his/her Order. If the User continues to use the Website after the effective date of each amendment, he/she will be conclusively deemed to have accepted such amended version of these terms and conditions.
The Buyer is responsible for regularly reviewing the Website to obtain timely notice of such amendments and being familiar with the amended terms and conditions that apply to any Order he/she has placed.
14.2. Governing law and Court’s jurisdiction
The Terms and Conditions set forth herein shall be governed by and construed and enforced in accordance with French laws.
Any dispute arising from this General Conditions of Sale shall be dealt exclusively by the French courts within whose jurisdiction ZYLANGIA has its registered office.
14.3. Events beyond control
MARINA BOURBON or the Buyer shall not be held liable for failure or delay in the fulfilment of their obligations under the Terms and Conditions herein resulting from a case of an act of God or any fortuitous events due to the other party or a third party or external causes as defined by French courts.
14.4. Nullity of the Terms and Conditions of Sale and Use
The total or partial nullity of any of the clauses hereby shall not render the other provisions or these Terms and Conditions as a whole null and void. The other provisions will remain applicable.