Terms and Conditions of Sale
Terms and Conditions of Sale – last updated on 15/06/2016
SPURWAY (hereinafter referred to as "MARCUS SPURWAY") is a simplified joint-stock company (SAS) with a capital of 632,000.00 Euros, whose registered office is located at 15, allée des Arômes - Parc d’Activités des Hauts de Grasse, 06530 Saint-Cézaire-sur-Siagne, France, registered with the Trade and Companies Registry of Cannes under number 438 384 281 and whose VAT identification number is FR 83 438 384 281.
These general terms and conditions of sale (hereinafter referred to as the "GTC") govern all relationships between MARCUS SPURWAY and any person who makes a purchase of products offered for sale by MARCUS SPURWAY on this website for personal use.
It is specified that these GTC apply to the exclusion of all other conditions and, in particular, the general terms and conditions of sale applicable to sales made in MARCUS SPURWAY stores and boutiques.
Any person visiting this website is free to print these GTC, provided, however, that they do not modify them.
Article 1. Purpose.
These GTC govern the sale and offer of sale of products by MARCUS SPURWAY, exclusively made from this website, notably accessible at the following address: www.psmsprod.marcus-spurway.com (hereinafter referred to as the "Site").
Within the framework of these GTC, the terms "Product" or "Products" refer to the product(s) offered for sale on the Site.
The customer (hereinafter referred to as the "Customer") is any person who visits one or more web pages of the Site, whether or not they have initiated a purchase process on the present Site.
The Customer must have full legal capacity and be of legal age.
When the Customer places an order for a Product from MARCUS SPURWAY on the Site and checks the box "I accept the sales conditions," they acknowledge having previously read these GTC and accept them without restriction. These GTC, thus accepted, will be the only ones applicable to orders placed via the Site, regardless of the Product(s) purchased by the Customer.
MARCUS SPURWAY reserves the right to modify these GTC at any time by publishing a new version of them on the Site.
Article 2. Special conditions of sale.
The Customer acknowledges having read, at the time of each order, the special conditions of sale stated on their screen (name, price, components, weight, quantity, color, characteristics of the Products) and expressly declares to accept them without reservation.
The placement of an order and its confirmation constitute full and complete acceptance, by the Customer, of these GTC as well as the special conditions of sale applicable only to the order.
Article 3. Offer.
The product offers made by MARCUS SPURWAY on the Site are valid as long as the Products are present on the Site and within the limit of available stock.
Article 4. Essential characteristics of the Products.
MARCUS SPURWAY invites the Customer to refer to the description of each Product on the Site to know its precise characteristics. In case of doubt or if the Customer wishes for additional information, they can contact MARCUS SPURWAY by email at info@marcus-spurway.fr and/or by phone at +33(0)4 97 05 20 40.
Differences between photographs and Products can only be minimal and do not concern the essential characteristics of the Products.
In case of an obvious error between the characteristics of a Product and its representation and/or the conditions of sale, the Customer undertakes to contact MARCUS SPURWAY by email at info@marcus-spurway.fr and/or by phone at +33(0)4 97 05 20 40 to inform them of said obvious error. MARCUS SPURWAY undertakes to correct such errors as soon as they are brought to their attention.
On the pages of the Site presenting the Products and on the order forms and invoices presented and/or sent to the Customer, the prices are indicated All Taxes Included in euros, taking into account the VAT rate applicable on the day of the order.
MARCUS SPURWAY reserves the right, which the Customer accepts, to modify its prices at any time. The Products will, in any case, be invoiced based on the rates mentioned on the Site at the time of the final validation of the order.
All orders, regardless of their country of origin, are payable in euros. All fees, including financial ones, related to the conversion into euros of the currency in which the Customer's bank account debited for the transaction is held, are the exclusive responsibility of the Customer.
On the pages of the Site presenting the Products, the prices indicated do not include delivery charges, which are invoiced in addition and are specified to the Customer prior to the final validation of their order.
The prices of the Products and delivery charges are non-negotiable.
The price of each order, including delivery charges, is payable in cash at the time of the order; MARCUS SPURWAY does not grant any credit.
Article 5. Recording and validation of an order.
The Customer expressly agrees that MARCUS SPURWAY's automatic recording systems shall be deemed as proof of the nature, content, price, and date of the order.
5.1. Navigation within the Site.
The Customer can view the various Products. The Customer can freely navigate the different pages of the Site without being committed to placing an order.
Delivery restrictions may apply, and the customer will be informed when validating the order if applicable.
5.2. Recording an order.
5.2.1 Choice of Products.
To place an order, the Customer selects the various Products they wish to purchase by clicking on their product sheet. They indicate the number of products desired and click on the "Add to Cart" button.
Each new addition to their cart is indicated to the Customer in the summary of their order.
The Customer can, at any time:
- obtain a summary of the Products they have selected by clicking on the "My Cart" icon at the top right of the screen.
- modify or delete all or part of their order as summarized (in case of modification, the new information is displayed as changes are made).
When the Customer is on the "My Cart" page, they can:
- continue selecting Products by navigating the site by clicking "Continue Shopping".
- or if the list presented to them corresponds to the Products they want to buy, complete their selection of Products and order them by clicking "Validate My Cart".
5.2.2 Customer Identification.
The Customer must then:
- identify themselves by clicking on "My Account" by entering their username or email address and password (in case of forgetfulness or loss, the Customer must click on "Lost Password?").
- if they do not have an account, they can create one when validating their first order.
The customer's email serves as an "identifier." The Customer receives a confirmation email of their registration containing a password generated automatically.
The customer can change this password at any time and customize it by going to the "My Account" page.It is strongly recommended not to choose a password that constitutes a common word but to alternate between numbers, letters, and special characters. It is the responsibility of the Customer to regularly change their password on the "My Account" page.
The Customer is solely responsible for their password and its use. They expressly undertake to keep it to themselves and not to disclose it under any circumstances to anyone.
Accordingly, the Customer expressly acknowledges that entering any identifier is evidence of their identity and signifies their consent.
The Customer can access information about themselves at any time by clicking on "My Account." It is their responsibility to update the information on this page about themselves and verify its accuracy when placing each order. MARCUS SPURWAY makes every effort to ensure the protection of data concerning its customers and ensures, in this regard, a level of security in accordance with the standards and practices in force. For more information on the privacy policy, the Customer can consult MARCUS SPURWAY's privacy policy.
5.2.3 Order Validation
To finalize the order process, the Customer must complete the order form. It is the Customer's responsibility to complete it fully and accurately. Fields marked with a star are mandatory.
The Customer must:
• choose their delivery method. Delivery charges are specified.
• complete their delivery and billing address.
• check the order summary presenting the product, quantity, and inclusive VAT price of the Products selected by the Customer, delivery charges, as well as the total inclusive VAT amount of the order, the amount of VAT, the Customer's details, and the delivery and billing address.
• read these GTC by clicking on the link provided for this purpose and accept them by checking the box "I have read and accept the general terms and conditions of sale".
• choose their method of payment.
• complete the data related to their credit card for payment.
Once this verification is complete, the Customer must click "Validate" to definitively validate their order.
5.4. Order Confirmation
Once the payment process is completed, the Customer is directed to a page displaying the order summary.
An order confirmation email, presenting the summary of the ordered products, detailed customer information, and the order number, is sent to the Customer.
The Customer can also review the summary of their order in their account under the "My Account" tab in the "Recent Orders" section.
Without prejudice to the application of the provisions of Article 7, the sale is deemed concluded upon payment validation with PAYBOX.
However, MARCUS SPURWAY reserves the right not to confirm an order for a valid reason, particularly for reasons related to Product supply, the inability to process the received order (illegible, etc.), abnormal order, or foreseeable delivery issues. MARCUS SPURWAY will immediately inform the Customer by any means.
5.5 Limitations specific to each order.
The Customer is responsible for any use that may be made of the Products purchased on the Site. The Products are intended for the Customer's personal use, with no direct relation to their professional activity.
To limit the risk of fraud, the maximum amount authorized for an order is 500 euros including VAT. Above this amount, the Customer must contact MARCUS SPURWAY by email at info@marcus-spurway.fr and/or by phone at +33 (0)4 97 05 20 40 to register their order. Otherwise, any order exceeding this amount will not be considered and will not bind MARCUS SPURWAY.
Article 6. Delivery
6.1. Availability by country
The Products ordered by the Customer will be delivered in the following states: Metropolitan France (including Monaco). No shipments will be made outside of these states.
6.2. Unavailability of Products.
Product and price offers are valid as long as they are visible on the Site, within the limits of available stocks.
In case of unavailability of one of the Products, the Customer will be informed as soon as possible. This information will be notified, if possible, when placing the order by displaying it on the web page.
However, despite the care that MARCUS SPURWAY takes in managing its stocks and the means it has implemented for this purpose, errors may exceptionally be mentioned in the state of its stocks. In this case, MARCUS SPURWAY will inform the Customer, by email, of the unavailability of the concerned Product(s) as soon as possible, after order validation but before delivery.
MARCUS SPURWAY will then take the necessary steps to refund the price(s) of the unavailable Product(s). The bank account corresponding to the credit card details given at the time of the order will then be credited with the overpayment.
6.3. Delivery Methods
When the carrier takes charge of the order, the customer receives an email containing the parcel tracking number with the carrier.
MARCUS SPURWAY undertakes to do everything possible to ensure that the order is delivered as quickly as possible, within a period ranging from 48 hours to 30 working days after order validation. Saturdays, Sundays, and public holidays are not considered working days. Public holidays are those of the French calendar.
The Customer is invited to regularly check the tracking of their order and contact MARCUS SPURWAY's customer service for any questions or issues related to the delivery of their order at info@marcus-spurway.fr or by phone at +33 (0)4 97 05 20 40.
6.4. Delivery Delay
In case of delivery delay, meaning exceeding the maximum delivery date (30 days - articles L.138-1 to L.138-3 of the Consumer Code), the customer is invited to report this delay without delay to MARCUS SPURWAY by email at info@marcus-spurway.fr and/or by phone at +33(0)4 97 05 20 40 (non-premium rate number).
MARCUS SPURWAY will make its best efforts to resolve this issue and proceed with the delivery. MARCUS SPURWAY may conduct an investigation with the carrier and inform the customer of the expected delivery date. If the order is lost, MARCUS SPURWAY will contact the customer to propose either a re-shipment of the order or a refund to the bank account corresponding to the credit card used during payment.
In any case, in the event of a delivery delay, the customer can request the cancellation of their order by contacting MARCUS SPURWAY customer service by email at info@marcus-spurway.fr and/or by phone at +33(0)4 97 05 20 40 (non-premium rate number). MARCUS SPURWAY will refund the customer, within a maximum of fourteen (14) days, the amount corresponding to this order (Product Prices and shipping costs). The bank account corresponding to the credit card details provided at the time of the order will be credited with the order amount.
6.5. Receipt
Delivery is considered complete upon making the order available by the carrier to the customer.
It is the customer's responsibility to check the conformity and integrity of their order upon receipt. Any reservations made during delivery (damaged package) must be reported by the customer to the carrier at the time of delivery.
All these anomalies and reservations must be reported in parallel to MARCUS SPURWAY customer service. The customer must provide evidence (photos) of any damage to their order. Upon receipt of the reservations and evidence, MARCUS SPURWAY Customer Service will exchange or refund the Products if they are not in conformity with the order due to transport damage.
6.6. Delivery Conformity - Legal Warranty of Conformity and Warranty for Hidden Defects
Despite all the care taken by MARCUS SPURWAY in preparing packages, a Product may be non-compliant with the order or may present an apparent or hidden defect.
The consumer has a period of two years from the delivery of the goods to enforce the legal warranty of conformity in case of a defect in conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal warranty of conformity gives the consumer the right to repair or replace the goods within thirty days following their request, free of charge and without major inconvenience for them.
If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller insists on replacing them, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by being fully refunded upon return of the goods if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience to the consumer, especially when the consumer permanently bears the costs of taking back or removing the non-compliant goods, or if the consumer bears the costs of installing the repaired or replaced goods;
4° The lack of conformity of the goods persists despite the unsuccessful attempt to bring them into conformity by the seller.
The consumer also has the right to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer does not have the right to terminate the sale if the lack of conformity is minor.
Any period of immobilization of the goods for repair or replacement suspends the warranty that was still running until the delivery of the goods in good condition.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the implementation of the legal warranty of conformity is liable to a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty for hidden defects in accordance with Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is kept or a full refund upon return of the item.
Article 7. Right of Withdrawal
The customer has a period of fourteen days to exercise their right of withdrawal without having to justify their decision. The period runs from the day of receipt of the Products by the customer or a third party, other than the carrier, designated by them. In the case of an order for several Products delivered separately, the fourteen-day period runs from the day of receipt of the last Product. If this period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day.
To exercise this right, the customer must notify MARCUS SPURWAY - 15, Allée des Arômes - Parc d'Activités des Hauts de Grasse, 06530 Saint-Cézaire-sur-Siagne, France, or by email: info@marcus-spurway.fr, by sending, before the expiry of the stipulated period, the withdrawal form or any other unambiguous statement expressing their desire to withdraw.
The customer must return the entire order to the following address: MARCUS SPURWAY 15, Allée des Arômes - Parc d'Activités des Hauts de Grasse, 06530 Saint-Cézaire-sur-Siagne, France, without undue delay and no later than fourteen days following the communication of their decision to withdraw. The customer bears the direct costs of returning the Products.
The customer's liability is only incurred in the event of a depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of the Products. Furthermore, in accordance with Article L.221-28, 5° of the Consumer Code, and as an exception to the information mentioned above, the customer is informed that the right of withdrawal cannot be exercised in the case where the Products have been unsealed by the customer after delivery for reasons of hygiene or health protection.
When the right of withdrawal is exercised, MARCUS SPURWAY will refund all payments received from the customer, including delivery costs (excluding additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered by MARCUS SPURWAY), without undue delay and no later than fourteen days from the day MARCUS SPURWAY was informed of the customer's decision to withdraw. MARCUS SPURWAY may defer the refund until the Products and Gifts are recovered or until the customer provides proof of the shipment of these Products and Gifts, the date chosen being that of the first of these facts.
MARCUS SPURWAY will make the refund using the same means of payment as that used by the customer for the initial transaction, unless the customer expressly agrees to use another means of payment. The refund will not incur any costs for the customer.
Article 8. Payment
The price charged to the customer is the price indicated on the order confirmation validated by the customer.
It is specified that payment must be made by credit card and involves immediate debit.
It is also specified that payment is made in a secure environment on the servers of our service provider, PAYBOX.
Accordingly, the customer must have a credit card (Carte Bleue, Visa, Mastercard, Eurocard networks) whose validity will be verified and confirmed by PAYBOX's payment server.
When entering credit card details, the customer will enter their card number and expiration date, as well as, if necessary, the control number. (The control number is the 3-digit number on the back of the customer's credit card).
It is specified that the details of the credit card are secured by SSL encryption (Secure Socket Layer) in order to protect as effectively as possible all data related to means of payment, and that the customer's credit card data will not be stored on MARCUS SPURWAY's computer system. They are therefore deleted once the order is completed.
For more information on the management of personal data, the customer is invited to consult MARCUS SPURWAY's privacy policy.
MARCUS SPURWAY reserves the right to refuse any order or delivery in the event of refusal of payment authorization by credit card organizations and/or requests for delivery outside the countries mentioned in Article 6.
MARCUS SPURWAY reserves the right to suspend or cancel any order and/or delivery in the event of the customer's default of payment, payment incident, and/or fraud in the use of the site or the means of payment chosen by the customer.
As part of the order verification process, MARCUS SPURWAY may contact the customer by any means, for the validation of an order and may, if necessary, request any supporting document deemed useful (relating to identity, and/or residence and/or the means of payment used). The customer must provide the required documents within 15 working days upon receipt of the request from MARCUS SPURWAY. The customer is informed that the delay, default, or refusal to transmit the requested documents will result in the cancellation of the order by MARCUS SPURWAY. Upon receipt of the supporting documents and in the event of confirmation of the order by MARCUS SPURWAY, the deadline for transmitting the documents requested by the customer will be postponed by as much as the delivery of the Product(s).
Article 9. Service Interruption
The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of MARCUS SPURWAY. MARCUS SPURWAY may be required to temporarily interrupt access to all or part of the Site for maintenance reasons aimed at ensuring the proper functioning of the Site, without entitling the Customer to any compensation.
In addition, the Customer acknowledges the complexity of global networks, the inequality of capacities of different sub-networks, the influx of users at certain times, and various "bottlenecks" at certain locations on the Internet. Current transmission protocols via the Internet do not guarantee the reliable and continuous receipt of messages and the integrity of transmitted documents. MARCUS SPURWAY's liability cannot be sought in the event of poor transmission due to a failure or malfunction of these transmission networks.
Article 10. Force Majeure
MARCUS SPURWAY will not be held responsible for any defect, delay, or non-performance of its obligations under the CGV when such defect, delay, or non-performance is related to a case of force majeure as usually defined by French jurisprudence.
Article 11. Personal Data
The Customer is informed that placing orders for Products results in the collection and automated processing of personal information by MARCUS SPURWAY, the use of which is subject to the provisions of Law No. 78-17 of January 6, 1978, relating to Data Processing, Files, and Liberties, as amended by Law No. 2004-801 of August 6, 2004. Information marked with an asterisk is mandatory for the validation of the Customer's registration or any operation for which information is requested. The Customer has a right of access and rectification to the data concerning them, as well as a right of legitimate opposition to the processing of information concerning them, by sending an email to the following address info@marcus-spurway.fr.
Further information on the management of personal data is available in the MARCUS SPURWAY privacy policy, which the Customer is invited to consult here.
Article 12. Disputes
These CGV are subject to French law. The offer of Products, the CGV, and the special conditions are written in the French language. The Customer is informed that in the event of a dispute or disagreement with MARCUS SPURWAY, it is possible to resort, in addition to the courts, to a mediation procedure or another alternative method of settling disputes to resolve it.
In the event of a dispute, you must first contact our company in writing at Marcus Spurway, 15 Allée des Arômes, Parc d'Activités des Hauts de Grasse, 06530 Saint-Cézaire-sur-Siagne, or at info@marcus-spurway.fr.
In the event of an unsatisfactory response or in the absence of a response within 30 days following this written complaint, you can contact the Joint Commission for the Mediation of Direct Sales either by the online form on its website
(http://mediation-vente-directe.fr/) or by post at CPMVD 1, rue Emmanuel Chauvière 75015 Paris or by email (info@cpmvd.fr). Tel: 01 42 15 30 00.
The CPMVD will seek a free and confidential amicable settlement of your dispute.
For more information on this mediation procedure, you can consult the following link http://mediation-vente-directe.fr/.
In the event of a dispute before French courts, only the French language version of these documents will prevail between MARCUS SPURWAY and the Customer.