Conditions

Preface

Latest update to Terms and Conditions: 01/05/2017

We are delighted to welcome you to our website www.mallarino.com (hereafter called the “site”).
We endeavour to ensure, to the best of our abilities, the accuracy and the updates of the information that appears on this site, the content of which we reserve the right to correct, at any time and without notice. However, we cannot guarantee the accuracy, the precision or the comprehensiveness of the information available on this site.
Consequently, we do not accept any responsibility:
– for any imprecision, inaccuracy or omission about the information available on the site;
– for any damage resulting from a fraudulent intrusion of a third-party having led to a modification of the information available on the site;
– and more generally for any direct or indirect damage, whatever the cause, origin, nature or consequence may be, provoked by anybody accessing the site, or the impossibility of accessing it, use of the site and / or credit given to any information coming directly or indirectly from the site.
The present terms and conditions are systematically brought to the knowledge of each purchaser to enable him or her to place an order on the present website, superseding any other conditions, particularly those applicable in stores.
Consequently, the act of placing an order implies the purchaser’s complete adherence, without reservation, to these terms and conditions that supersede any other documents, such as prospectuses or catalogues issued by the vendor, which only have an indicative value.
Any conflicting conditions set down by the purchaser will therefore, except for express acceptance, be non-invocable to the vendor, whatever the moment when it could have been brought to his or her knowledge.
The fact that the vendor does not invoke at a given moment any of the present terms and conditions cannot be interpreted as worthy of renunciation to later invoke any of the aforementioned conditions.
We invite you to consult the description of each product to find out more about its characteristics.
The sale of our products on the present site is reserved exclusively for the end customer, that is to say, any physical person not functioning as a trader and having the legal capacity to contract. Consequently, orders originating from professionals will not be honoured by M Direct Joaillier SAS. In this respect, M Direct Joaillier SAS reserves the right to cancel any order of an abnormal nature such as an order with quantities of products exceeding the normal needs of one customer or abnormal numbers of orders to the same invoicing and/or delivery address.

Site Editor

M Direct Joaillier SAS
S.A.S. with a capital of 1 000 €

819 528 662 RCS Paris

VAT Number FR 39 819 528 662
Head office and sales department : 7, rue de la Bourse – 75002 Paris
Publication manager : Panthéon Media Group SAS

Website Host

The site www.mallarino.com is hosted by :
DIGIPLACE
34, avenue Joffre
94160 saint Mandé
SIRET 438 809 063 000 29

Customer Service

For any information, questions or advices, our customer services are here for you :
By mail : Mallarino Clients
7, rue de la Bourse – 75002 Paris
– E-mail : contact@mallarino.com

Offers and prices

For Europe, all products proposed on the site are in Euros. All taxes are at the charge of the customer and can vary through out the year (see Shipping conditions). Every order is billed at the currency’s value at the time of the order.
Standard shipping to Europe is free.
The validity of promotional offers is subject to the double limit of the period of validity of the offer in question and of available stocks.
M Direct Joaillier SAS shall remain the full owner of the products until the complete collection of the amount by M Direct Joaillier SAS. The prices that appear on this Site are indicated in Euros and in US dollars outside Europe. Prices are not including all taxes delivery and handling fees and customs fees (see Delivery conditions), and are likely to vary over the course of the year, with it being understood that the products ordered are invoiced at the price applicable when the order was received.

Our promotional offers are only valid for the duration of the validity period of the offer concerned.

The Order and validation of the transaction

The different stages of ordering are the following: You choose the item or items of your choice and add them to your order basket; you can check the contents and the price of your basket at any time, and proceed with any modification necessary. You sign in (email and password). If you are a new customer, you must create an account and sign in by entering a valid email address and a password (personal and confidential) which you will later use to sign in to the site. You choose your delivery method, you validate it, then you choose your payment method from the ones offered to you, which you then also validate.
In any case it is important to specify your telephone number, your postal addresses and your email address when the order is placed, the provision of personal information necessary for the handling and delivery of orders is obligatory.
When you validate the order, you state that you accept this as well as all of the present terms and conditions, fully and without reservation. Your order is then sent to our customer service department for handling.
Once your order has been received, a detailed acknowledgement of receipt will be sent to your email address. This acknowledgement of receipt specifies all of the components that make up your order, including the exact amount invoiced and the delivery methods of your order, as well as the terms and conditions applicable to your order. You accept that our order registration systems serve as proof of the nature and the date of the agreement.
We do however reserve the right to cancel any order from a client with whom a dispute exists relating to the payment of a previous order, or for any other legitimate reason relating particularly to the abnormal nature of the order.

Availability of products

As a general rule, indications about the availability of products are provided to you when your order is placed. On an exceptional basis, a product may however become temporarily unavailable after your order has been placed, and in such a case we are committed to informing you of this via email within 8 days and letting you know of the waiting time to receive this product. If you wish, you can request the cancellation (reimbursement by check within 14 days) or exchange of your order by contacting us via email at: contact@mallarino.com

Payment

Payment is made depending on the payment method authorised by the commercial offer concerned. Online payment with debit or credit cards is entirely secure. The entire transaction is encrypted towards a bank validation server in SSL mode (Secure Socket Layer). Thus you make your purchases in total security.

When payment is made using a debit or credit card, the transaction amount is debited when the order is placed.

Delivery

Your products will be delivered in a period of 72 hours in Europe at the standard delivery rate (tariff liable to modification), whatever the total value of your order, to the address of your choice as indicated during the ordering process. Our products are sent from Paris, France.

Data protection

The information concerning you is destined for our company in order to handle your orders, provide you with the services to which you subscribe and to send you offers. To enable you to receive offers from our partners in the post, or over the telephone, we have to communicate this information to them. If you wish, you can also benefit from our partners’ offers via email. In accordance with the French law of 6 January 1978, you can request to access information pertaining to you and/or rectify it, to stop receiving offers from M Direct Joaillier SAS by writing via email to contact@mallarino.com or in the post to Mallarino Clients – 7, Rue de la Bourse – 75002 Paris France by indicating your full name, full address and potentially your customer number to us.

Our site is also designed to be particularly attentive to the needs of our customers. Amongst other reasons, this is why we make use of cookies. A cookie has the aim of announcing your visit to our site. Cookies are only used by our site with the aim of improving the personalised service intended for you.
For more information on cookies,clic here.

Satisfied or reimbursed – right to cancel

In France you have legal right to cancel: 14 days to change your mind.
Outside France we cannot do it.
You benefit from a right to cancel that you can exercise yourself within a period of 14 days starting from the date of receipt, for the entirety of your order, in accordance with regulations.
To exercise this right, you must inform us of your decision to cancel in this period via email at contact@bonparfumeur.com
We commit to exchanging your product or, if you wish, reimbursing you within 14 days of your request, this period can however be prolonged until we have received your product, or the proof of its posting.
Returns must be made (return delivery fees are your own responsibility) to M Direct Joaillier SAS – 7, Rue de la Bourse – 75002 Paris France as soon as possible and within a maximum of 14 days after communication of your decision to cancel.
The reimbursement will take place according to the following methods:
– The parcel is returned in its entirety, we reimburse you the amount of the order including the delivery fees (standard home delivery rate), the return fees remain your responsibility.
– The parcel is not returned in its entirety (you keep one of more of the items ordered), we reimburse you for the price of the product(s) returned, the return fees remain your responsibility.
It is stated that in a particular case where the product is returned due to reasons for which we are responsible, we will reimburse you for the return fees (standard postal rate).

The customer’s guarantee

Legal guarantees

This contract is governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction and the language of the legal proceedings shall be French.
All of our products benefit from legal guarantees of compliant delivery (Consumer Code article L 211-4 onwards) and against latent defects (Civil Code article 1641 onwards) enabling the consumer to send back delivered products that are not compliant or defective.
– Consumer Code – Article L211-4: The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity existing upon delivery. The Seller is also held liable for any lack of conformity caused by the packaging (…)
– Consumer Code – Article L211-5: To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
– Consumer Code – Article L211-12: Action resulting from lack of conformity lapses two years after delivery of the product.
– Civil Code – Article 1641: The seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have paid a reduced price for it, had he known of them.
– Civil Code – Article 1648 1st paragraph: The action resulting from the defects giving rise to the right to cancellation must be brought by the buyer within a period of two years following the discovery of such defect.

Liability

The products offered comply with the French legislation in force.
We do our best to ensure that the photographs of the products that appear on the site illustrate the products as faithfully as possible. We invite you to consult the description of each product to get to know its characteristics.

Ban on out-of-network selling

Our products are destined to be sold solely in our distribution networks. Consequently, it is forbidden to sell, purchase or give our products as gifts with the purpose of reselling them outside of our networks, particularly on websites. Beyond an infringement of our brands or the integrity of our products, such doings may be of a nature to involve the civil and if necessary criminal liability of their authors.

Intellectual property

The intellectual property rights for the documents contained on the site and each of the elements created for this site are the exclusive property of M Direct Joaillier SAS or of its suppliers, neither granting any license, or any right other than consulting the site. In particular, the brands and other intellectual property rights cited on the site are the property of M Direct Joaillier SAS or of the company Mallarino. The reproduction of any document published on the site is solely authorised for the exclusive purposes of information for a personal and private use, any reproduction and any use of copies created for other purposes being expressly forbidden.
Any other use is constitutive of counterfeit and sanctioned as Intellectual Property except for prior authorisation from M Direct Joaillier SAS.

Modification of Terms and Conditions

M Direct Joaillier SAS reserves the right to adapt or modify the present terms and conditions at any time. The new terms and conditions will, if necessary, be brought to the knowledge of the customer and will only be applicable to sales made after their modification.