Terms & Conditions
The present conditions are concluded between the company MDLO, whose trade name is MARIADELAORDEN, hereinafter denominated "MARIADELAORDEN" and the people wishing to make a purchase via the website MARIADELAORDEN (www.mariadelaorden.com), hereinafter referred to as "user". These conditions only concern physical people, not shopkeepers. The parties agree that their relations will be governed exclusively by this present contract, excluding any conditions beforehand available on the site. If a condition were to fail, it would be considered to be governed by the practices in force in the sector of distance selling whose companies are headquartered in France.
These conditions aimed to define the terms of sale between MARIADELAORDEN and the user, from the order to services, through payment and delivery. They regulate all the steps necessary from the placement of the order and the follow-up of the same between the contracting parties.
Any order implies acceptance of prices and description of products available for sale as well as the general conditions of sale. Any dispute on this point will occur in the context of a possible, exchange and the guarantees mentioned below.
MARIADELAORDEN agrees to honor orders received on the website only within the limits of available stocks of products. In the absence of availability of the product, MARIADELAORDEN commits to inform the user.
SHIPPING COST AND DELIVERY
Shipping costs are at the user's expense and depend on the country of delivery. They will be specified to the customer during the confirmation of the order.
The price list is subject to change and is available here: https://mariadelaorden.com/pages/shipping
The ordered products will be delivered to the address provided by the user.
Delivery times are indicative and provided by our transport providers; they may also vary depending on the time of year.
For deliveries outside the European Union, we facilitate customs clearance as much as possible with our delivery provider to avoid delaying your delivery. In some cases, the delivery time may be extended due to customs checks, beyond our control. Additional customs fees and taxes may be applied.
In case of delay, MARIADELAORDEN's responsibility cannot be engaged for any reason. Therefore, no compensation request of any kind can be claimed by the user to MARIADELAORDEN.
RATES, PAYMENT AND BILLING
Prices are quoted in euros all taxes included. They take into account the French VAT applicable on the day of the order. These prices don't include the cost of processing (shipping and packaging). Any change of applicable rate can be repercuted in the prices of products.. After this date, they are subject to change at any time. However prices cannot be changed once the customer's order has been placed. Similarly, if one or more taxes or contributions were to be created or modified, upwards or downwards, this change could be reflected in the selling price of the items on the MARIADELAORDEN website.
The prices listed on the website are guaranteed as long the product is online and within the limits of available stocks.
The final price charged to the customer is the price indicated on the order confirmation page.
Payments can be made by credit cards bearing the Visa, Eurocard, Mastercard or American Express mark. You can also pay via PayPal. The invoice of the product will be inserted in the parcel.
RIGHT OF WITHDRAWAL & RETURN
All items of the current collection and items that are not on sale may be subject of a return or may be refunded. Sale items or end of season items can be a subject of refund.
Refunds will be made within 10 working days of receipt of the package.
Return costs are to be paid by the user.
For France and Spain, you can also return your items to the shop free of charge (see more in the Returns & Exchanges section: https://mariadelaorden.com/pages/returns)
GUARANTEES AND DISPUTE
All items are subject to a contractual warranty, which doesn't preclude to the legal guarantee provided by articles 1641 and following of the Civil Code. The user also benefits of a guarantee allowing him to return defective items delivered in accordance with Articles L 211-4 and following of the Consumer Code. The user is therefore invited to refer to his texts if he wishes have more precision on these legal warranties.
All disputes regarding a transaction concluded in application of these general terms and conditions of sale could be - concerning their validity, interpretation, execution, termination, consequences and which could not have been resolved between the seller and the customer - submitted to the competent courts under the conditions of common law.
In the event of a dispute, the Customer is informed that he can in any case resort to conventional mediation in order to find an amicable solution before taking any legal action, in particular with the Commission for consumer mediation (C.consom. Art. L 612- 1) or with an existing sectoral mediator, and whose references are listed on the website www.cm2c.net.
Complaints: Upon receipt of the Items, the Customer must immediately check the condition and conformity of the Items with the Order, including the quality and quantity of the Items and their specifications. If the Items are not consistent with the Order or are damaged, the Customer must submit reservations and complaints to the carrier or refuse delivery if the package is opened or damaged, and address his complaints by registered letter to MDLO - 41 rue Boissière 75116 Paris France or by email to the address info@mariadelaorden.com within 15 (fifteen) days from the date of delivery. The Customer must then fully specify and justify the reasons for the complaint. No claims will be considered if the use of the items is deemed disproportionate. No spontaneous returns made without Sessùn's approval will be accepted, except where the right of withdrawal is being exercised.
Legal guarantee: The Items sold are also covered by the legal compliance guarantee provided for in Articles L. 217-4 to L. 217-13 of the French Consumer Code and by the guarantee relating to defects of the item sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code. In accordance with the provisions of Article L. 217-15 of the French Consumer Code, Articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are hereinafter reproduced in full.
Article L. 217-4 of the French Consumer Code
“The seller is required to deliver goods that are consistent with the contract and is liable for any non-conformity found at the time of delivery.
He/she shall also be liable for any non-conformity caused by the packaging, assembly or installation instructions when such responsibility is stated in the contract or when it has been carried out under his/her responsibility.”
Article L. 217-5 of the French Consumer Code
“The good is consistent with the contract:
1. If it is suitable for its intended use and, if applicable:
- if it corresponds to the description given by the seller and has the same qualities as those provided by the latter to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect based on the information publicly provided by the seller, the producer or his or her representative, such as in advertising or labelling;
2. Or if it presents the specifications defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, which is known to the seller and which the latter has accepted."
Article L. 217-12 of the French Consumer Code
“Any claim for non-compliance must be filed within two years of delivery of the goods.”
Article 1641 of the French Civil Code:
“The seller is bound by the guarantee for hidden defects in the product sold that make it unfit for its intended use, or that impair its use to such an extent that the buyer would not have acquired it, or would have paid a lower price, if he or she had been aware of them.”
Article 1648 paragraph 1 of the French Civil Code
“Any claim for inacceptable defects must be filed by the purchaser within two years of detection of the defect.”
Except as provided for in these GTCS, sold Articles cannot be returned or exchanged.
When acting in accordance with the legal compliance guarantee, the consumer:
- is entitled to a period of 2 (two) years from the delivery of the product to make a claim;
- may choose between the repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempt from providing proof of the non-conformity of the goods during the 24 (twenty-four) months following delivery of the goods.
The legal compliance guarantee applies independently of the commercial guarantee provided.
The consumer may decide to enforce the guarantee against hidden defects in the product sold within the meaning of Article 1641 of the French Civil Code. In this case, he or she may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
SIGNATURE AND PROOF
In any case, the credit card number procured online and the order final confirmation shall constitute the evidence of said order in accordance with the provisions of the French Law of March 13th, 2000 and will cause the sum incurred for the order to become due and payable. This validation is worth signature and express acceptance of all the operations made on the site. However, in case of fraudulent use of his credit card, the customer is invited, as soon as the use is found to contact MARIADELAORDEN by sending an email to info@mariadelaorden.com.
MARIADELAORDEN has the obligation of result for all stages of the taken orders as well as for the stages after the conclusion of the contract.
Thus MARIADELAORDEN undertakes to describe with the greatest accuracy the products sold on the website ( www.mariadelaorden.com). On the other hand, the responsibility of MARIADELAORDEN cannot be engaged in the case of the non-performance of its obligations, attributable either to the unpredictable and insurmountable fact of a third parties to the contract or to a case of major forces as defined by the French Jurisdiction. In the same way the responsibility of MARIADELAORDEN cannot be committed for all the inconveniences or damages inherent to the use of the Internet network, in particular a break of service, an external intrusion or the presence of computer viruses.
All elements of the site www.mariadelaorden.com, whether visual or sound, are protected by copyright, trademarks and/or patents.
The user who has a personal website and who wishes to place, for personal use, on his site a simple link directly to the homepage of the site of MARIADELAORDEN must obligatorily ask permission to MARIADELAORDEN.
In any case, any link, even tacitly authorized, must be withdrawn on simple request of MARIADELAORDEN.
In the event that any of the clauses of the present contract would be void by a change of legislation, regulation or by a court decision, this cannot in any way affect the validity and the respect of these general conditions of use.
These conditions apply throughout the duration of online services offered by MARIADELAORDEN.
The archiving of purchase orders forms and invoices is made on a reliable and durable support server to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
These conditions are subject to French law. The competent court in case of dispute will be that of the defendant's place of residence or, at the choice of the plaintiff, the place of actual delivery of the product.