Terms of sale
PREAMBLE:
The website is the property of "marcel-travelposters.com" in its entirety, as well as all associated rights. Any reproduction, in whole or in part, is strictly subject to the authorization of the owners. However, hyperlinks to the site are allowed without specific requests. Our product and price offers are valid until 31/12/2023.
1. Acceptance of Terms
The customer acknowledges having read, at the time of placing the order, the specific terms and conditions of sale stated on this screen and expressly declares their acceptance without reservation. These general terms and conditions of sale govern the contractual relationship between "marcel-travelposters.com" and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other terms mentioned in any other document unless previously agreed upon in writing.
2. Products
The photographs illustrating the products do not form part of the contractual scope. If any errors occur, "marcel-travelposters.com" will not be held liable.
3. Order
Automatic registration systems are considered as proof of the nature, content, and date of the order. "marcel-travelposters.com" confirms the acceptance of the order to the customer at the email address provided. The sale is only concluded upon confirmation of the order. "marcel-travelposters.com" reserves the right to cancel any order from a customer with whom there is a dispute concerning payment for a previous order. The information provided by the buyer during the order process is binding. In case of error in the recipient’s details, the seller cannot be held responsible for the inability to deliver the product.
4. Delivery
After order confirmation, "marcel-travelposters.com" commits to delivering all the items ordered by the buyer to its carrier. The carrier, under contract with "marcel-travelposters.com", is responsible for delivering the order to the buyer's address provided by "marcel-travelposters.com". In the case of cash on delivery, the customer commits to paying the carrier or its representative the full amount stated during order confirmation.
Additionally, for deliveries outside mainland France, the customer agrees to pay all taxes due on the import of products, including customs duties, value-added tax (VAT), and any other taxes required by the laws of the destination country. All orders placed on "marcel-travelposters.com" are for the personal use of the customers. Customers or recipients of the products are prohibited from reselling all or part of the products. "marcel-travelposters.com" is exempt from any legal responsibility if taxes are not paid by the customer. Any delivery delays do not entitle the buyer to claim damages. In case of apparent defects, the buyer has the right to return the product under the conditions specified in this document. Events considered as force majeure that release the seller from the obligation to deliver include war, riots, fire, strikes, accidents, pandemics, health disasters, and the inability to procure goods. Goods travel at the recipient's risk. Always check your parcel upon arrival. You have 48 hours to file any complaints with the carrier in case of shortages or damage. Due to availability, an order may be delivered in multiple shipments to the customer. The customer will only pay for one delivery. If the customer wishes to have two delivery locations, they must place two separate orders, with associated shipping fees.
For delivery issues, please refer to the "Delivery" section.
5. Right of Withdrawal
In accordance with Article L.121-16 and following of the Consumer Code, the consumer has a period of 14 days from the date of delivery of their order to return any item that is not suitable and request an exchange or refund without penalty, except for return shipping costs.
Any return must be sent in its original packaging (e.g., tissue paper, bubble wrap, cardboard tube) to protect the product. Marcel Travel Posters reserves the right to refuse a return if it was not made under proper conditions, and if the product arrives damaged. In such a case, an email with a photo will be sent to the customer. The customer may choose to return the product at their own expense.
In the case of exercising the right of withdrawal, "marcel-travelposters.com" is required to refund the amounts paid by the customer without any fees, except for return shipping costs. The refund is due within a maximum period of 30 days, as provided in Article L. 121-20-1 of the Consumer Code.
6. Price
The price is expressed in euros. The price indicated on the product sheets does not include shipping. The price indicated in the order confirmation is the final price, including all taxes, and includes VAT for France and other EU countries. This price includes the cost of the products, handling fees, packaging, storage, and transportation costs.
7. Payment
The price billed to the customer is the price indicated in the order confirmation sent by "marcel-travelposters.com". The price of the products is payable in full on the day of the actual order. Payment is made by credit card bearing the CB logo. The transaction is secured through the PAYPAL platform, which uses the 128-bit SSL encryption protocol. This is the current standard. At no point is "marcel-travelposters.com" in possession of your banking information, as payment is made directly on the secure bank platform (at the end of the checkout process in "my cart"), and "marcel-travelposters.com" does not have access to your banking details.
8. Disputes
This contract is governed by French law. "marcel-travelposters.com" cannot be held responsible for damages of any kind, whether material, immaterial, or bodily, arising from the improper functioning or misuse of the products sold. This also applies to any modifications made to the products by the manufacturers. "marcel-travelposters.com"'s liability will, in any case, be limited to the amount of the order and cannot be invoked for simple errors or omissions that may have occurred despite all precautions taken in the presentation of the products. In case of difficulties in applying this contract, the buyer has the option, before taking legal action, to seek an amicable solution, notably with the help of a professional association in the industry, a consumer association, or any other advisor of their choice. It is reminded that seeking an amicable solution does not interrupt the "short period" of the legal warranty or the duration of the contractual warranty. It is also reminded that, in general, and subject to the courts' assessment, respecting the provisions of this contract relating to the contractual warranty requires the buyer to meet their financial obligations to the seller.
Claims or disputes will always be received with attentive goodwill, with good faith always presumed by those who take the time to explain their situations. In case of a dispute, the customer should first contact the company to find an amicable solution.
Failing that, the Commercial Court of Bayonne shall have exclusive jurisdiction, regardless of the place of delivery and the accepted payment method.
9. Warranty
In all cases, "marcel-travelposters.com" cannot be held responsible for failing to comply with the regulatory and legislative provisions in force in the country of reception. The liability of "marcel-travelposters.com" is always limited to the value of the product in question, as of the date of sale, and there are no recourse possibilities against the brand or the producing company. In any event, the customer benefits from the legal warranty of eviction and hidden defects (Articles 1625 and following of the Civil Code). Provided that the buyer proves the hidden defect, the seller is legally obligated to repair all consequences (Articles 1641 and following of the Civil Code); if the buyer turns to the courts, they must do so within a "short period" from discovering the hidden defect (Article 1648 of the Civil Code).
10. Legal Information
Providing personal information collected for the purpose of distance selling is mandatory, as this information is essential for processing and shipping orders, issuing invoices, and warranty contracts. Failure to provide this information will result in the non-validation of the order. In accordance with the "Data Protection and Freedom" law, the processing of personal data related to customers has been declared to the National Commission on Informatics and Liberty (CNIL). The customer has the right, under Article 34 of the law of January 6, 1978, to access, modify, correct, and delete their data, which they can exercise with "marcel-travelposters.com". Additionally, "marcel-travelposters.com" commits to not sharing its customers' contact details with any third party, whether for free or for consideration.
