Terms of sale

ARTICLE 1: CONDITIONS FOR THE APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale described below set out the rights and obligations of the company EML France and of its customer within the framework of the sale of the following goods: Alpine skis and other sporting goods. The present general terms and conditions of sale, drafted on October 2, 2020, apply only to purchases made via the online shop: www.marcel-livet.fr

The website www.marcel-livet.fr is a service provided by:

The company MARCEL LIVET SAS

Located at: 3 bis boulevard du Lycée, 74000 Annecy

Website URL: https://www.marcel-livet.fr/

Email: bonjour@marcel-livet.fr

Telephone number: 04 58 10 15 27

The customer declares that they have read and accepted the general terms and conditions of sale prior to placing the order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

ARTICLE 2: THE PRODUCT

MARCEL LIVET SAS undertakes to provide visuals associated with the products that are as close as possible to reality. Wood is a natural, living, and complex material that does not meet standard homogeneous characteristics. For this reason, each pair of skis is unique.

ARTICLE 3: THE ORDER

The buyer may place an order on the online shop www.marcel-livet.fr for any products, subject to available stock. The buyer will be informed of any product unavailability directly on the product page before ordering. MARCEL LIVET SAS does not guarantee product availability in the online shop, with the exception of orders that have already been accepted.

To place an order, the buyer must provide:

  • Their name, address, phone number, email address, and payment details.

If you wish to order bindings, so that we can adjust your pair of skis to your size, you will also need to provide the following additional information:

  • Height (in cm), Weight (in kilograms), Age, Sex, Skiing level, Sole length of the ski boots used.

For any order to be validated, the buyer must accept the general terms and conditions of sale by clicking in the indicated area. In addition, it is necessary to choose a delivery address and method, and finally confirm the payment method.

The buyer will receive a summary email confirming their order.

For any questions regarding order tracking, the buyer may contact MARCEL LIVET SAS by telephone at 04 58 10 15 27 or by email at bonjour@marcel-livet.fr, Monday to Friday between 8:30 a.m. and 6:00 p.m.

ARTICLE 4: PRICE AND PAYMENT TERMS

PRICE:

MARCEL LIVET SAS reserves the right to modify its prices at any time but undertakes to apply the prices in effect on the online shop at the time the order is placed. Prices are shown in euros, including VAT, and do not include delivery costs. Delivery costs are added at checkout and are billed separately after confirmation by the buyer in the “cart” of the online shop.

PAYMENT TERMS:

Payment for the order can be made in two ways: Bank card or PayPal.

By bank card: payment is made on LCL’s secure Sherlocks payment platform. This means the buyer’s banking details are fully secured and do not pass through the MARCEL LIVET SAS website www.marcel-livet.fr In order to ensure the proper completion of the buyer’s payment, the order will be recorded and validated once payment has been accepted by the buyer’s bank.

By PayPal: the buyer will be immediately redirected to the PayPal platform and must log in to their personal account. After funding their PayPal account with their bank card, the buyer can send a transfer order using a simple email when purchasing a Marcel Livet product online. Through the PayPal platform, the buyer’s banking information remains confidential and will not circulate on the MARCEL LIVET SAS website.

MARCEL LIVET SAS reserves the right, via its website www.marcel-livet.fr, to refuse an order or delivery from a consumer if a payment dispute is ongoing.

ARTICLE 5: DELIVERY

MARCEL LIVET SAS undertakes to deliver orders to the address indicated by the buyer in the payment form; therefore, the buyer must ensure its accuracy. Any parcel returned to MARCEL LIVET SAS due to an incorrect delivery address will be reshipped at the buyer’s expense.

We ship through the carrier DPD (https://www.dpd.fr/. For an order without customization, the order is received within 10 working days (including binding mounting), taking into account shipping and transport time, which depends on the buyer’s address. For customized skis, delivery time is 20 working days.

If the package is damaged, torn, or opened at the time of delivery, the buyer must immediately check the condition of the item. In the event of any damage, the buyer must inform MARCEL LIVET SAS as soon as possible.

ARTICLE 6: RIGHT OF WITHDRAWAL – RETURNS – REFUNDS

RIGHT OF WITHDRAWAL:

In accordance with Articles L.121-16 et seq. of the French Consumer Code, the customer has 14 days from the day of delivery of the product purchased on the online shop to notify customer service of their intention to withdraw. To do so, the buyer must contact customer service by telephone at 04 58 10 15 27 or by email at bonjour@marcel-livet.fr, using the withdrawal form below if they wish.

The right of withdrawal does not apply in the following case:

  • Any product modified at the buyer’s request after confirmation, including customization of skis (binding mounting or customization of the badge/medallion).

RETURNS:

After MARCEL LIVET SAS agrees to accept the return, the buyer must return the parcel in its original packaging, unused and undamaged, together with all accessories and a copy of the purchase invoice. We kindly ask the buyer to ensure that the product is securely packed and that the order number is clearly visible to facilitate transport handling.

REFUNDS:

MARCEL LIVET SAS undertakes to refund the price the buyer paid for the product(s), provided the order has not been damaged through use, within 14 days from receipt of the products at our premises. Return shipping of the parcel to MARCEL LIVET SAS, 6 route de Nanfray, 74960 Annecy, is at the buyer’s expense. The refund of the product(s) will be confirmed to the buyer by email and will be issued using the same means of payment as that used for the initial transaction.

WITHDRAWAL FORM:

To the attention of: MARCEL LIVET SAS
Address: 6 route de Nanfray, 74960 Annecy
Telephone number: 04 58 10 15 27
Email address: bonjour@marcel-livet.fr

I hereby notify you of my withdrawal from the contract relating to ……………………., ordered on ……………..
First name and last name of the consumer:
Address of the consumer:
Signature:

All Marcel Livet skis are guaranteed for a period of 2 years from the date of purchase. This warranty covers defects related to the manufacturing of the product, whether aesthetic or mechanical.

ARTICLE 7: PROTECTION OF CUSTOMER DATA

The information collected about the Customer is processed by the company and is necessary for processing the order. This data will not be sold, but may be used for marketing and communication campaigns.

This personal data is also stored for a period of 5 years for security purposes, in order to comply with legal and regulatory obligations and for the purpose of sending communications.

The data controller is Marcel Livet SAS. Access to personal data will be strictly limited to employees of the data controller who are authorized to process it by virtue of their duties. The information collected may be communicated to third parties contractually linked to the company for the performance of outsourced tasks, without the Client’s prior authorization being required. Marcel Livet SAS undertakes to take all necessary precautions to preserve the security of the information and, in particular, to prevent it from being disclosed to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s information comes to the company’s attention, it must inform the Client as soon as possible and communicate the corrective measures taken.

During the processing of Personal Data, Marcel Livet SAS takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

In accordance with French Law No. 78-17 of January 6, 1978 as amended and with European Regulation (EU) 2016/679, the Client has the right to access, rectify, erase, and port their data, as well as the right to object to processing on legitimate grounds. These rights may be exercised by contacting the data controller at the postal address or email address mentioned above, with valid proof of identity.

In case of a complaint, the client may contact the CNIL (French Data Protection Authority).

If the client wishes to know how Marcel Livet SAS uses their Personal Data, request its correction, or object to its processing, they may do so in writing at the following email address: bonjour@marcel-livet.fr

Marcel Livet SAS undertakes not to process, host, or transfer information collected about its Clients to a country outside the European Union or to a country not recognized as “adequate” by the European Commission without first informing the client. However, Marcel Livet SAS remains free to choose its technical and commercial subcontractors, provided that they offer sufficient guarantees with regard to GDPR requirements.

ARTICLE 8: WARRANTIES

The seller is liable for any lack of conformity of the goods under the conditions set out in Articles L. 217-4 et seq. of the French Consumer Code, and for any hidden defects in the item sold under the conditions set out in Articles 1641 et seq. of the French Civil Code.

It is reminded that when acting under the legal warranty of conformity, the consumer:

  • has a period of two years from delivery of the goods to take action;

  • may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code;

  • is exempted from providing proof of the existence of the lack of conformity of the goods for twenty-four (24) months following delivery of the goods, except for second-hand goods.

The legal warranty of conformity applies independently of any commercial warranty that may have been granted.

It is also reminded that the consumer may decide to invoke the warranty against hidden defects of the item sold, as defined in Article 1641 of the French Civil Code. In this case, the consumer may choose between cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the French Civil Code.

“Article L. 217-4 of the French Consumer Code
The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when installation was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.

Article L. 217-5 of the French Consumer Code
The goods are in conformity with the contract:
If they are fit for the use normally expected of similar goods and, where applicable:

  • if they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

  • if they present the qualities that a buyer may legitimately expect given the public statements made by the seller, by the producer, or by their representative, in particular in advertising or labeling;
    Or if they present the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the seller.

Article L. 217-12 of the French Consumer Code
Any action resulting from a lack of conformity is time-barred after two years from delivery of the goods.

Article L. 217-16 of the French Consumer Code
When the buyer requests from the seller, during the course of a commercial warranty granted at the time of acquisition or repair of movable goods, a repair covered by the warranty, any period during which the goods are unusable for at least seven days shall be added to the remaining warranty period. This period runs from the buyer’s request for service or from when the goods are made available for repair, if that occurs after the service request.

Article 1641 of the French Civil Code
The seller is bound by the warranty on account of hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of the defects.

Article 1648, paragraph 1 of the French Civil Code
Any action resulting from redhibitory defects must be brought by the buyer within two years of discovery of the defect.”

ARTICLE 9: MANUFACTURER’S WARRANTY AND CUSTOMER SERVICE

All Marcel Livet skis are covered by a 2-year warranty from the date of purchase. This warranty covers defects related to the manufacturing of the product, whether aesthetic or mechanical. However, damage resulting from skiing use or from improper treatment of the equipment by its owner is not covered.

Customer service at MARCEL LIVET SAS is available for any questions regarding your order on the online shop www.marcel-livet.fr, Monday to Friday from 8:30 a.m. to 6:00 p.m.

Telephone: 04 58 10 15 27
Email: bonjour@marcel-livet.fr 

ARTICLE 10: MEDIATION CLAUSE

Under Article L. 612-1 of the French Consumer Code: “Any consumer has the right to make free use of a consumer mediator with a view to the amicable resolution of a dispute with a professional.”

For any difficulty, we invite you to contact us first or to contact our after-sales service: bonjour@marcel-livet.fr

If we do not reach an agreement, you may have your claim reviewed by a mediator from the Medicys organization. To do this, you must create an account on the Medicys platform, whose link is provided below:

https://medicys-consommation.fr/

ARTICLE 11: INTERNATIONAL SALES

In the event of delivery outside mainland France, the customer is responsible for and must pay any fees, taxes, and formalities that may be required for entry into the destination country. The customer is advised to check with the authorities of the destination country to obtain this information, and under no circumstances can Marcel Livet SAS be held responsible.

ARTICLE 12: APPLICABLE LAW AND COMPETENT COURT

In the event of a dispute, and subject to the mandatory rules of the consumer’s country of residence, the applicable law will be French law and the competent court will be that of the seller’s registered office.