Terms of sale
Terms and Conditions of Sale, under French laws:
These Terms and Conditions of Sale or Use (hereinafter referred to as “Terms and Conditions” or “T&Cs”) are agreed between:
The micro-enterprise Madame la Markise (SIRET 95241268200017), hereinafter referred to as “the seller,” represented by Ms. Elodie MARKARIAN (EI), manager and self-employed entrepreneur.
and
The customer of the website www.madamelamarkise.com, here in after referred to as “the buyer”.
SECTION 1 - PREAMBLE:
Madame la Markise, is engaged in the creation, publication, and marketing of sewing patterns, in particular via its website www.madamelamarkise.com (here in after referred to as the “Site”).
The purpose of these Terms and Conditions is to govern the terms and conditions of use and sale of the Site, and to define the rights and obligations of the buyer relating to the sale of products offered by the seller.
Any access and/or use of the Site implies unreserved acceptance of and compliance with all the terms of these Terms and Conditions.
SECTION 2 - DEFINITIONS:
The following words or expressions shall have the following meanings within the context of these GTC:
- The buyer: refers to any user of the madamelamarkise.com website.
- The seller: refers to Madame la Markise or its legal representative.
- Order: refers to the sales contract concluded between Madame la Markise and the customer of the Website.
- Personal Data: refers to all information, whether personal or not, that directly or indirectly identifies the buyer.
- Digital format: pattern sold in digital format, most often in PDF format via download.
- Pocket format: pattern sold in pocket format, i.e., in paper format.
- Sewing pattern: product sold by Madame la Markise in digital or pocket format.
- Product: refers to the sewing pattern and instructions for making it, sold by Madame la Markise.
- Website: refers to the online store, in the form of a website accessible at madamelamarkise.com.
SECTION 3 - SCOPE, ACCEPTANCE, AND MODIFICATION OF THE TERMS AND CONDITIONS:
These Terms and Conditions govern the contractual relationship between the seller and the buyer and apply to all orders received on the Website.
The buyer acknowledges having read these Terms and Conditions at the time of placing the Order and expressly declares that they accept them without reservation.
These Terms and Conditions may be modified at any time by the seller. It is specified that the version that will govern an order will be the one in effect on the date of that order.
SECTION 4 - PRODUCTS SOLD:
The Products covered by these Terms and Conditions are those listed on the Website and sold directly by the seller in digital (PDF) and physical formats.
The essential characteristics of the Products, their respective prices, and their available formats are presented and made available to the buyer on the “Store” pages of the Company's Website. The seller reserves the right to discontinue the sale of a product in one or both formats (digital or physical) without justification.
Digital “Pattern” products are provided in A4 and A0 formats and include explanatory instructions. For intellectual property and confidentiality reasons, each document is marked with a discreet watermark specifying the ownership of Madame la Marquise and the exclusive use granted to the buyer, including the order information, their first and last names, and their email address.
It is also specified that digital products can be downloaded five (5) times from the links available on the order summary page and/or in the email sent to the email address provided by the buyer when placing their order on the madamelamarkise.com website.
Madame la Markise cannot be held responsible for incorrect contact information or details entered by the buyer when placing their order.
After five (5) downloads, the buyer must place a new order for the Product.
SECTION 5 - TERMS OF USE FOR PRODUCTS:
The buyer acknowledges that all products sold by the seller are strictly for personal and private use. Any transfer to a third party of a product purchased on the Site is strictly prohibited.
For professional use, please contact Madame la Markise to establish an agreement.
Outside of an agreement concluded with Madame la Markise, any commercial use (e.g., use in online or in-person sewing workshops, sewing or DIY training, sale of clothing made from the seller's Products, etc.), copying, and free or paid distribution (excluding authorized resellers) will expose the offender to civil and criminal prosecution. Similarly, no garment or product of any kind, even if only partially designed using a Madame la Markise model or pattern, may be marketed without the express consent of Madame la Markise.
Each of the seller's products is presented through a creation made from that same product and in accordance with the recommendations and advice given in the accompanying booklet and/or photo. Under no circumstances can this creation be considered as the final result of the product. Each creation is therefore unique and depends on multiple factors.
The seller cannot be held liable for any difference between the presentation of the product and the buyer's creation. It is therefore agreed that the illustrations and photos of the products offered for sale have no contractual value.
SECTION 6 - PRICES:
Prices are quoted in euros (€) excluding taxes (VAT not applicable). The price invoiced to the buyer is the price indicated on the Order confirmation.
The price of the Products is payable in cash by secure online payment on the day of the actual order.
There are no shipping costs for orders of digital products.
The seller reserves the right to modify its prices at any time without prior notice.
SECTION 7 - ORDERING:
Orders on the Website are open to all individuals of legal age who are of sound mind and have full legal capacity. For the purposes of proper fulfillment of the order, the buyer agrees to provide accurate identification information.
The seller undertakes to fulfill the buyer's order within the limits of available stock of patterns in pocket format only. If this is not possible, the seller will inform the buyer.
The buyer will have the opportunity to check the details of their Order prior to payment. Once the buyer confirms an Order, they are deemed to have knowingly accepted these terms and conditions, the prices, the quantities of Products ordered, and the costs and taxes applicable to their Order.
The seller reserves the right not to validate the Order in the event of an abnormal Order, existing dispute(s) with the buyer, total or partial non-payment of a previous Order by the buyer, refusal of authorization for payment by credit card by banking institutions, or a case of Force Majeure as defined by law and case law.
The seller shall not be held liable for the non-performance or poor performance of an order in the event of force majeure or external causes. If, in the performance of its obligations, the seller is held liable, the buyer may only claim damages not exceeding the total amount paid by the buyer in settlement of the order in question.
In accordance with legal provisions regarding conformity and hidden defects, the seller will refund or exchange defective products that do not correspond to the order. Refunds may be requested by email to madamelamarkise@gmail.com, explaining the reason for the return and requesting a return number. The product must be returned in its original condition and accompanied by the return number. Return shipping costs are the responsibility of the Customer.
SECTION 8 - PAYMENT:
Payment is due immediately upon ordering. The same rule applies to pre-ordered products.
Payment can be made by credit card (Carte Bleue, Visa, Mastercard, American Express) and via SHOP, APPLE PAY, and PAYPAL. Secure online payment by credit card is provided by our service provider SHOPIFY and its payment platform SHOPIFY PAYMENTS.
Once payment has been made by the buyer, the transaction is immediately debited after verification of the bank details. The buyer's bank account will then be debited for the amount of the order.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by credit card is irrevocable. By providing their bank details at the time of sale, the buyer authorizes the seller to debit their card for the amount of the price indicated. The buyer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. If it is impossible to debit the card or if an error occurs, the Sale is immediately terminated by operation of law and the order is canceled.
SECTION 9 - DELIVERY:
Products purchased in digital format can be downloaded immediately from the order confirmation page. An email containing the link(s) will also be sent automatically to the email address provided when placing the order.
Madame la Marquise cannot be held responsible for the loss of login details for the “My Account” area or for errors in the information entered by the buyer.
Digital products can be downloaded five (5) times via the links provided by our partner FILEMONK.
Products in physical format are delivered to the delivery address provided when placing the order. The delivery time indicated does not take into account the time required to prepare the order, which may be 1 to 4 business days.
In the event of a delay in delivery, the customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the French Consumer Code. The seller will then refund the product and the “outward” shipping costs under the conditions of Article L 138-3 of the Consumer Code. The seller reminds the buyer that when they take physical possession of the products, the risk of loss or damage to the products is transferred to them.
SECTION - 10 WITHDRAWAL - RETURNS - EXCHANGES:
With regard to products or patterns sold in digital form, the buyer expressly waives their right of withdrawal, even in the event that the Product has not been downloaded or used by the buyer; as the products, due to their digital nature, are not supplied on a physical medium.
For products in pocket format, the legal deadline applies in accordance with the applicable provisions of the Consumer Code and, in the context of distance selling, the Buyer has a withdrawal period of fourteen (14) clear days from the day after receipt of the order.
The notification of withdrawal must be made by mail or email to:
madamelamarkise@gmail.com
or
13 avenue François Mitterrand, 27400 LOUVIERS, FRANCE
The Buyer's desire to exercise their right of withdrawal must be unambiguous. Please note that the Buyer is responsible for providing proof that they have exercised their right of withdrawal. The Buyer does not have to provide a reason for exercising their right of withdrawal and will not incur any penalty for exercising this right.
The Buyer must return the product(s) without undue delay and no later than fourteen (14) days after communicating their decision to withdraw. Physical products (sleeves) must be returned intact, without having been opened or used.
The Buyer returning the product(s) within this period is entitled to a refund of the price of the Product ordered and a refund of the OUTBOUND delivery costs. However, the RETURN costs will remain the responsibility of the Buyer.
You are responsible for the shipping costs associated with returning your item. These costs are non-refundable.
Depending on where you live, the time it takes to receive your exchanged product may vary.
If you are shipping an item worth more than $75, we recommend that you use a tracked shipping service or insure your shipment. We cannot guarantee that we will receive the returned item.
Sale or promotional items (if applicable)
Only items at regular price are refundable. Unfortunately, sale or promotional items are not refundable.
Gifts and gift cards.
Gifts and gift cards are neither exchangeable nor refundable, whether physical or digital.
The refund for the price of the returned Product corresponds to the invoiced price, including delivery costs, and will be made using the same payment method used for payment within fourteen (14) days of receipt of the Buyer's decision to withdraw (Hamon Law of June 14, 2015).
Madame la Markise reserves the right to defer the refund until the product has been recovered or proof of shipment of these products by the Buyer has been provided, whichever occurs first.
Once your return has been received and inspected, we will send you an email to notify you that we have received the returned item.
We will also notify you if your refund has been approved or declined. Under no circumstances may the Buyer abuse their right of withdrawal. In any event, any order returned incomplete (including explanatory notes), with the packaging opened or patterns damaged or used, even partially, will not be refunded.
Delayed or missing refunds (if applicable)
If you haven't received your refund yet, first check your bank account again.
Then contact your credit card company, as it may take some time for your refund to be officially posted.
Next, contact your bank. There is often a processing delay before a refund appears.
If you have taken all these steps and still have not received your refund, please contact us at madamelamarkise@gmail.com
Exchanges (if applicable)
We only replace items that were initially defective or damaged. If you need to replace your item with the same item, send us an email at madamelamarkise@gmail.com with a detailed description of the defects and/or damage (photos) and send your item to: Madame la Markise, 13 avenue François Mitterrand, Louviers 27400, France. You are responsible for the shipping costs associated with returning your item. These costs are non-refundable.
SECTION 11 - RESPONSIBILITIES:
The buyer is solely responsible for their use of the Website and the products and services accessed via the Website. The seller shall not be held liable in any way in the event of legal proceedings brought against the buyer for improper use of the Website or the products and services it provides.
The seller cannot be held liable for any indirect damage that may arise from the purchase of the Products. Similarly, the seller cannot be held liable under the obligations of the General Terms and Conditions in the event of a force majeure event as defined by French law.
It is the buyer's responsibility to ensure that they have the necessary equipment (printer, computer, etc.) and technical tools (internet connection, operating system, software, etc.) to download and access the seller's products. Similarly, it is the buyer's responsibility to ensure that they have the appropriate equipment to use the products offered by the seller.
The seller cannot be held liable for the quality of the content of the product or service offered on its website. In this context, the Parties agree that the seller is subject to an obligation of means.
The seller cannot be held liable for any indirect damage that may arise from the purchase of the Products.
The seller cannot be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruption, etc.
SECTION 12 - AVAILABILITY OF THE WEBSITE:
The seller shall make every effort to ensure that the website www.madamelamarkise.com is available 24 hours a day, 7 days a week, regardless of maintenance operations on the Website and/or Servers and/or Hosting.
The seller reserves the right to modify or interrupt, at any time, temporarily or permanently, all or part of the Site without prior notice to buyers and without any right to compensation.
Consequently, the seller cannot be held liable for any difficulties or impossibility of access, slow connection or any other technical problem due to circumstances and/or technical intermediaries external to the Company.
SECTION 13 - FORCE MAJEURE:
The seller shall not be held liable if the performance of any of its obligations is prevented or delayed due to a force majeure event as defined by Article 1218 of the Civil Code, interpreted by the case law of the French courts, including, but not limited to, natural disasters, fires, malfunction or interruption of the telecommunications network or the electrical network.
SECTION 14 - INTELLECTUAL PROPERTY:
Madame la Markise is the owner of the intellectual property rights to both its products and the general structure of the Website and its content (illustrations, images, photos, videos, text, trademarks, and other content).
Therefore, in accordance with the provisions of Book 1 of the Intellectual Property Code, any representation, reproduction, modification, distortion and/or total or partial exploitation of its products, the Website and its content, by any means whatsoever and on any medium whatsoever, without the express prior authorization of Madame la Marquise, is prohibited and constitutes an infringement of copyright.
All products marketed by Madame la Markise are reserved for strictly personal and private use. Any commercial use (e.g., use in online or in-person sewing workshops, sewing or DIY training, sale of clothing made from the Company's Products, etc.), copying, and distribution, whether free or for a fee (except by authorized resellers), will expose the offender to civil and criminal prosecution.
SECTION 15 - PERSONAL DATA:
The data collected is intended for use by the seller. It is necessary for processing and managing the buyer's Orders and for commercial relations between the seller and the buyer. The seller treats all information concerning its customers with the strictest confidentiality.
By entering their email address in the newsletter subscription form and/or by placing an Order on the Website, the buyer may also be informed of the seller's offers in the form of newsletters, informational emails, or personalized emails offering products and services provided by the seller.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, oppose, and rectify data concerning you, which you can exercise by filling out the contact form on the Website.
SECTION 16 - APPLICABLE LAW:
Product sales are subject to French law. The Website, these Terms and Conditions, and Orders placed via the Website and their execution are governed exclusively by French law.
Before any dispute arises, the parties shall seek an amicable resolution.