ARTICLE 1 - DEFINITIONS
The general terms and conditions of sale (hereinafter the ‘T&Cs’) below apply to all purchases made from the Hotel Marielle online store (shop.hotelmarielle.com), whether for a physical or virtual product. When a purchase is made, these T&Cs are deemed to have been accepted and approved. These T&Cs are valid for products sold through the Hotel Marielle store. These T&Cs are subject to change. Any amendments are published in this document and we encourage you to view it regularly. When a modification has been made, the applicable T&Cs will be those shown at the time of ordering. The Hotel Marielle online store may close permanently or temporarily at any time.
ARTICLE 2 – MANDATORY INFORMATION
Hotel Marielle and its online store are managed by:
Company: Cham Exploitation
Address: 1 Boulevard Amiral Courbet – 30000 Nîmes
Legal form: SAS – Simplified joint-stock company
RCS Nîmes 849 775 150
Share capital: 1 €
ARTICLE 3 – KEY CHARACTERISTICS OF PRODUCTS AND SERVICES SOLD
The Hotel Marielle online store sells the following products:
- Decorative items
- Fixed value gift vouchers: These are considered as currency and can be used to book services at the hotel.
- Gift boxes: Each gift box entitles the holder to a service. That service is clearly stated on the box.
Physical products are only sold in the regions listed by the La Poste delivery service. The countries where delivery is possible are displayed when you enter your delivery address for your order. When you are ordering, if your country is not listed, this means that the carriers cannot deliver the product to that destination. Virtual products may be purchased from any region, as long as there is an internet service connection available. Vouchers and gift boxes: These products are reserved for people aged over 18 years.
ARTICLE 4 – PRICE
All prices for products in the store are given in euros, inclusive of tax. They are subject to VAT, which is set as the current rate at the time the order is placed through the online store. Product prices do not include shipping and delivery costs. The total delivery cost is given when you select the carrier. For deliveries to regions subject to customs duties and other taxes, you are solely liable for filing the required declarations and paying any fees that may be due (customs duties, tax, etc.). The item price may be changed at any time. Hotel Marielle will only invoice the amount shown when you confirm your order. Some items may be subject to temporary or permanent discounts. In this case, the discounted price will be shown on the products in the online store and applied when you confirm your order.
ARTICLE 5 – PRODUCT AVAILABILITY TIME FRAME
Products shown as ‘available’ are considered to be available at the time of ordering. You cannot order products that are out of stock. They will be labelled as ‘unavailable’. In some situations and during certain periods, a product shown as ‘available’ at the time of ordering may actually be out of stock. If this happens, we will notify you of the situation within 48 hours. Your order will be cancelled and, if the payment has already been debited, we will refund it to you as soon as possible.
ARTICLE 6 – ORDER
To place an order through our online store, you must add one or more items to your basket and confirm your basket in order to continue to the next steps (delivery and payment). Your order may be placed with or without a customer account (by using a guest account):
- Without customer account (using a guest account): In this case, you do not need to register or log in to complete your order. However, you must still enter your full name and email address in order to receive emails about your order (delivery, tracking, etc.). In order to facilitate delivery, you may be required to enter a telephone number or postal address (for sending the gift pack).
- With a customer account: In this case, simply log in with your login details or, if you do not yet have an account, register by providing the requested information (full name, address, etc.). You can track your order using this account.
If you select a gift box and/or voucher, some information required for delivery must be entered during the personalisation step (email, address and telephone). This information is only stored until the gift box and/or voucher has been sent, unless you have ticked the box to sign up for our newsletter. In that case, this information will be stored in our database. Once you have completed the customer account step, you can select the method of delivery you want. You can choose between several delivery methods, which vary according to the purchased product and country of delivery. You must choose one of the offered delivery methods in order to continue to the payment step. Once you arrive at the payment step, select your choice of payment methods from the list. Then submit your payment. Once payment has been confirmed, you will receive an order confirmation email at the email address you entered when creating your account or while ordering if you checked out as a guest (see paragraph about guest accounts). Check your order details to ensure they are correct. If there is an error, please contact us as soon as possible by emailing firstname.lastname@example.org so we can correct it.
ARTICLE 7 – PAYMENT TERMS
All orders must be confirmed with payment. Payment may be made using a bank/credit card. Card payments are secure and processed by Hotel Marielle’s PayZen platform. For an order to be considered as confirmed, all payments by bank/credit card must be approved by a bank authorisation and the full sum due must be able to be debited. If your card payment is rejected or the full sum due cannot be debited, the order will not be considered as confirmed and will therefore be cancelled. All orders placed through the Hotel Marielle online store must be paid in euros. No other currency will be accepted for any purchases.
ARTICLE 8 – DELIVERY
- Physical products: Orders are delivered to the address you enter at the time of ordering.
For physical products, we provide delivery:
- In mainland France (including Corsica) and Monaco: Delivery is provided by the La Poste So Colissimo service. Orders are processed and shipped by our teams within 48 to 96 hours (excluding Saturdays, Sundays and bank holidays). Once shipped, the standard La Poste So Colissimo delivery time is 48 to 96 hours.
- International: The international delivery service is provided by Colissimo Europe, Colissimo Expert International and Colissimo Expert Outre-Mer, two La Poste services. The delivery times vary depending on the destination. All orders are processed and shipped by our teams within 48 to 96 hours (excluding Saturdays, Sundays and bank holidays). For more information about delivery times, please contact our customer service team by emailing them at email@example.com or you can visit the La Poste website: https://www.laposte.fr/particulier/outils/calculateur-de-delais. The delivery cost varies depending on the selected delivery method. Delivery times are given as an indication only as they may vary due to a range of factors (bad weather, logistics issues, etc.). In accordance with current French law, the maximum delivery time is 30 days* after the order has been shipped. If the item has not arrived within 30 days, you will be notified and you may request a refund. We will refund the order in full to the card used for payment (order total + delivery costs), including any return postage costs if the parcel arrived after the refund request was submitted.
*Articles L138-1 to L138-3 of the French Consumer Code.
- For virtual products, delivery is by email. They are sent to the email address entered during the personalisation* step (customer or recipient). Only the billing information is sent to the email address entered during the order confirmation step (after confirming the basket). *The personalisation step is the step that occurs before adding the gift box and/or voucher to the basket.
ARTICLE 9 – RIGHT OF WITHDRAWAL
Once you receive your order, in accordance with current French law you have a 14-day* right of withdrawal. This right of withdrawal can be exercised without justification or payment penalty. The full order total will be refunded to the card used for payment, including delivery costs. However, you pay the return postage cost.
This right of withdrawal applies to most physical products available through the Hotel Marielle online store.
Exceptions: Some products are not subject to the right of withdrawal and cannot therefore be refunded:
- Perishable food items (e.g. chocolate blocks)
- Some types of clothing due to hygiene reasons (e.g. underwear and swimwear)
- Gift boxes and/or vouchers
*Article L. 121-20 of the French Consumer Code, ‘Right of withdrawal applicable to contracts agreed remotely or off-premises’, and Article 9 of the law no. 2014-344 dated 17 March 2014 on consumption.
ARTICLE 10 – RETURNS
If you are not happy with your products, you may return them*.
Products must be returned in their original condition and packaging, accompanied by a copy of the invoice and an explanation of the reason for the return. The packaging may be opened and the item(s) tried, as long as they remain in resaleable condition.
Returns can be sent to:
Service Client Boutique en Ligne
327, rue du soleil
73440 Val Thorens
In accordance with your right of withdrawal (see Article 9), you can return the package and request a refund of your order (return postage costs are not refunded).
If you do not want to pay the return postage costs, you can personally return the purchased product to Hotel Marielle. Products must be returned in their original condition and packaging. The 14-day return timeframe from the date that you receive the item also applies to this return method. After 14 days have elapsed, we unfortunately cannot refund your purchase.
*When returning a product you are not happy with, these terms only apply to physical products classified as clothing, accessory or decorative objects. They cannot apply to physical products classified as food products, or to some clothing for hygiene reasons. Furthermore, they do not apply to gift vouchers and/or gift boxes.
ARTICLE 11 – RETURNING FAULTY ITEMS
In accordance with current French legislation*, we must deliver a product to you that matches the contract (the order you place is a contract). This warranty applies to all physical products that are found to be faulty (fault, wear and tear, malfunction, etc.).
If you receive a faulty or incorrect order, you may request:
- A new delivery that matches the order
- The repair of the faulty product at no cost
- Exchange of the product for another of the same value
- Cancellation of the order and a full refund
This compliance warranty enables you to choose between exchanging or repairing a new product that is faulty or not working, and is valid for 2 years from the date you receive the product.
*Articles L221-4 to L211-14 of the French Consumer Code.
ARTICLE 12 – REFUND TERMS AND TIME FRAME
When a refund is processed after you exercise your right of withdrawal, it is for the full order amount including delivery costs. The refund goes directly to the bank/credit card used for payment. It will be processed as soon as possible, within 14 days from the date you exercise your right of withdrawal (see Article 9) or we receive the returned item (see Article 10). The return postage costs are not refunded.
ARTICLE 13 – CUSTOMER COMPLAINTS
If you have any complaints, please send a letter by post to:
Service Client Boutique en Ligne
327, rue du soleil
73440 Val Thorens
You can also submit your complaint by emailing firstname.lastname@example.org.
ARTICLE 14 – INTELLECTUAL PROPERTY
All content on the Hotel Marielle online store (comments, photos, descriptions, etc.) is the exclusive property of Hotel Marielle. According to intellectual property and copyright law, all use of content from the online store is prohibited, except for personal use. Any full or partial copying of our online store is strictly prohibited.
ARTICLE 15 – LIABILITY
In accordance with Article 1231-1 of the French Civil Code, if we fail to perform or are late in performing the agreed contract, you may claim damages. However, you must prove the loss you have suffered and provide evidence. In that situation, Hotel Marielle accepts liability and will take the necessary measures to compensate you for any damages that have been caused by the delay or failure to perform the contract. However, in the event of a force majeure* (unforeseeable, unavoidable and external event), Hotel Marielle cannot be held liable.
*Force majeure events are exceptional events that cannot be prevented. Examples include flooding that blocks roads and prevents the delivery of parcels.
ARTICLE 16 – PERSONAL DATA
ARTICLE 17 – JURISDICTION AND APPLICABLE LAW
These T&Cs are governed by French law. In the event of a dispute about these T&Cs, we will endeavour to reach an amicable solution before entering into any legal proceedings. If no amicable solution can be found, the French courts hold sole jurisdiction over the dispute.