TERMS & CONDITIONS

The website www.mara-watches.com is published by Louis PERPERE, registered under number 952 483 634 with the RCS of Créteil, domiciled at 44 Rue de Lorraine 94700 Maisons-Alfort, France

SIREN: 952 483 634

SIRET: 952 483 634 00012

The General Terms and Conditions of Sale detailed below govern the contractual relationship between any user of the website www.mara-watches.com (hereinafter referred to as the "User") and the company Mara Watches (hereinafter referred to as the "Company").

These General Terms and Conditions of Sale are the only ones applicable and replace all other conditions, except in the case of prior, express, and written derogation. The Company may occasionally modify certain provisions of these General Terms and Conditions, so it is necessary to reread them before each visit to the website www.mara-watches.com (hereinafter referred to as the "Site"). These modifications are enforceable from the moment they are posted online and cannot be applied to contracts concluded previously. Each use of a product or service on the Site is governed by the general conditions applicable on the date of use. By accessing the Site, the User agrees to comply with the General Terms and Conditions listed there.

The User can find the information required by Article L. 221-5 of the Consumer Code (France) on the Site and in these General Terms and Conditions of Sale. The Company can be contacted on working days, from Monday to Friday, from 10 a.m. to 5 p.m., Paris time, via the contact form accessible in the "Contact" section.

**Article 1 – Scope of Application**

These General Terms and Conditions of Sale apply to any sale made on the Site. The User declares to adhere to them without reservation or restriction, and no sale can be made without the User's acceptance of these General Terms and Conditions of Sale. It is also understood that the Company cannot be bound by any declaration or mention not contained on the Site.

Finally, in the event of a conflict between these General Terms and Conditions and the User's Specific or General Purchase Conditions, these General Terms and Conditions of Sale shall prevail.

**Article 2 – Products Sold**

The Site sells automatic watches.

The products are assembled by the company and then shipped to the User's home.

**Article 3 – Order Validation**

The User declares to have read these General Terms and Conditions of Sale before validating the Order. Consequently, the validation of the Order, at the Order Summary stage on the Site, constitutes full and unreserved acceptance of these General Terms and Conditions of Sale. No order can be processed without express acceptance of these conditions.

Furthermore, under Article L. 121-11 of the Consumer Code, the Company may refuse any order for a legitimate reason, particularly if there is a dispute with a Customer regarding the payment of a previous order.

**Article 4 – Order Payment**

The payment of any order is made online on the secure site of Stripe, PayPal. The following cards are accepted: Visa Card, Mastercard.

The Client can only pay online by bank card marked with the CB, VISA, or MASTERCARD logo. The security of online credit card payments is guaranteed by the Stripe or PayPal secure payment service, which integrates the SSL standard. The Client's confidential data (the 16-digit bank card number, expiration date, and visual cryptogram) are directly encrypted and transmitted to the 3DSECURE server without passing through the server's physical supports. For any credit card payment on the Website, the electronic certificate serves as proof of the amount and date of the transaction in accordance with legal provisions, date and time being authoritative. Due to the increase in credit card fraud, the Publisher reserves the right to contact the Client at the phone number provided by them in the form filled out during the transaction or to request a photocopy of the Client's ID and/or proof of address, regardless of the transaction amount. In case of doubt about the cardholder's identity, the Publisher reserves the right to request payment by bank transfer or cancel the transaction within 10 days after its validation on the Website. In this case, the transaction payment will not be effective, and the amount will not be debited from the Client's account.

The transaction is immediately debited from the User's credit card after verification of its data, upon receipt of the debit authorization from the credit card issuing company used by the User.

According to Article L. 132-2 of the Monetary and Financial Code, by providing their credit card information, the User irrevocably agrees to pay the total price indicated at the Order Summary stage on the Site, including the price of the ordered products plus delivery fees, and authorizes the Company to debit their credit card for the corresponding amount.

Payment can also be made by bank transfer to the Company's account.

Any order is only accepted by the Company after acceptance of the payment by the Company's partner bank.

**Article 5 – Prices**

The applicable prices are those displayed on the Site on the day of the order, it being understood that:

- the displayed prices include VAT and are therefore All Taxes Included (TTC)

- the displayed prices do not include delivery fees, which depend on the delivery method chosen by the User and are added to the total order amount at the time of final validation to form the total price

The Company reserves the right to modify its prices at any time, it being understood that the prices applied to an order will be the prices displayed on the Site on the day of the order.

Telecommunication fees inherent in accessing the Site remain the sole responsibility of the User.

**Article 6 – Delivery and Delivery Time**

The ordered products are delivered to the address provided on the Site by the User. It is therefore the User's responsibility to verify the correctness of the provided address, and the Company cannot be held responsible in case of incorrect shipping address. In case of failed shipment, reshipping fees will be charged by the Company to the User after the User corrects their address.

Depending on the order, delivery types are planned with various carriers.

In all cases, delivery conditions will be determined by the General Terms and Conditions of the said carriers. In particular, the Company cannot be held responsible in case of failure to meet a delivery deadline, or in case of damage or loss suffered and noted upon receipt of the order.

The delivery fees applicable to the User's order depend on the type of product chosen by the User. Moreover, in case of shipment outside the European Union or to areas with specific customs regulations, the displayed delivery fee does not include any customs duties or other local duties and taxes that must be paid by the User, who must also assume full responsibility for declaration and other customs formalities.

The products sold on the Site comply with current French legislation, and it is therefore the User's responsibility to ensure that these products comply with the legislation of the chosen shipping country.

Upon receipt of the order, the User must check the condition of the packaging and the ordered products.

The User must make the necessary reservations and claims, or even refuse the package, when the package is obviously damaged. These reservations and claims must be sent to the carrier by registered letter with acknowledgment of receipt within 3 working days following the delivery date of the products. Failing this, no action can be taken against the carrier. When the User personally receives the ordered products and when the carrier does not justify giving them the opportunity to verify the condition of the package and the products, the period for making reservations and claims is extended to 10 working days.

The User must also send a copy of this letter to the Company to enable it to take action against the carrier.

It is also the User's responsibility to verify the conformity of the received order with the invoice and their initial order placed on the Site.

**Article 7 - Right of Withdrawal**

For products not personalized to the requests of the customer, the customer can cancel its order within 14 days from the day of reception. Return fees are to be paid by the customer.

Under Article L. 121-20-2 of the Consumer Code, the right of withdrawal cannot be exercised for products concerning goods made to the User's specifications or clearly personalized. Therefore, no right of withdrawal can be applied to personalized products sold on the Site.

That being said, and in case of non-compliance with certain quality criteria, the User has a right of complaint to request the replacement of the ordered personalized products (see Articles 8 and 9).

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**Article 8 – Print Quality of Products**

In case of obvious non-compliance with professional quality standards, the User is invited to make a complaint to the Company, as indicated in Article 9. However, it is expressly stated that:

- the representation of product colors for personalized printing on the Site is not contractual, as the colors displayed on a computer screen differ depending on the configuration of the workstation and the image quality of the screen

- the representation of textures on the Site is not contractual, for the same reasons

- consequently, the Company's responsibility cannot be engaged due to a marginal difference between the appearance of the product viewed on the Site and the product delivered to the User.

**Article 9 – Complaint**

In case of obvious poor print quality of the received products, the User must contact the Company's Customer Service by email at contact@mara-watches.com, specifying their order number and the subject of their complaint.

The User is expressly requested, in case of complaint, to keep all received products, as well as the original packaging, to be able to return them in their original state to the Company.

In case of a justified complaint and reprinting of the products, the shipping costs will be borne by the Company.

In case of a justified complaint and refund, the refund will be effective within four weeks after receipt of the original order at the Company's headquarters.

It is expressly stated here that any complaint concerning the personalization elements added by the User (texts and images) cannot be favorably taken into account by the Company. In particular, any complaint concerning the layout or spelling of texts added by the User will not be accepted by the Company.

**Article 10 - Warranties**

The Company is bound by the legal warranties of conformity and hidden defects, independently of the possibility of a claim under Article 9, in accordance with the legal provisions below.

**Article L. 217-4 of the Consumer Code**

"The seller delivers goods that comply with the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging, assembly instructions, or installation when this has been charged to them by the contract or has been carried out under their responsibility."

**Article L. 217-5 of the Consumer Code**

"The good is in conformity with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, producer, or their representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter."

**Article L. 217-12 of the Consumer Code**

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."

**Article L. 217-16 of the Consumer Code**

"When the buyer requests from the seller, during the course of the commercial warranty granted during the acquisition or repair of a movable good, a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the availability of the good for repair if this availability is subsequent to the request for intervention."

**Article 1641 of the Civil Code**

"The seller is bound by the warranty for hidden defects of the item sold which render it unfit for the use for which it was intended, or which so diminish its use that the buyer would not have acquired it, or would have given a lower price for it, if they had known about them."

**Article 1648 paragraph 1 of the Civil Code**

"The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."

It is reminded that under the legal warranty of conformity, the User:

- benefits from a period of 2 years from the delivery of the good to act;

- may choose between repairing or replacing the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the conformity defect of the product during the 24 months following its delivery.

It is also reminded that the User may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and that in this case, they can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

In accordance with the above provisions, the Company will refund or exchange any product from a User that proves to be defective or non-compliant with their order and the invoice. 

Products must be returned in their original packaging, accompanied by a copy of the invoice. Return costs will be reimbursed to the User upon presentation of receipts.

**Article 11 – Intellectual Property**

The label designs; as well as photos, images, and texts presented on the site www.marawatches.com are the property of the Company and are protected by intellectual property rights and copyright. 

The User acknowledges that the use they can make of the products ordered on the Site must be limited to use in accordance with their intended purpose, in a strictly private context. 

Any other use of designs, images, texts such as reproduction, commercialization, distribution, and publishing is strictly prohibited and constitutes an infringement that may be subject to civil and criminal penalties. 

To protect its label designs and models, the Company reserves the right to include the mention "Mara Watches," accompanied or not by the Site's logo, and accompanied or not by the name of the graphic designer or designer who created the model in question.

**Article 12 – User's Obligations**

As part of their registration on the Site and placing an order, the User agrees to:

- provide accurate personal information at the time of registration (name, contact details, email address, etc.);

- not process the personal data transmitted to the Site for the purposes of product personalization outside of a strictly personal activity;

- ensure with the utmost care the legality, public order, and good morals as well as the utmost dignity and respect for the person of the texts added to the customizable products;

- ensure the conformity of the added texts, especially the spelling of proper names, indicated contact details, event dates, etc.;

- ensure that the added texts do not in any way infringe on the intellectual property rights of others;

- be the holder of the intellectual property rights of all the photos used, or ensure that the photos of which they are not the owner are free of rights;

- ensure that all persons mentioned in the added texts and present in the used photos have all given their consent for the use and dissemination of their name and image for the intended use.

The User thus guarantees and is responsible towards the Company for any dispute, claim, action, or recourse by a third party based on the fact that an element provided by the User infringes their rights or the applicable legislation. The User agrees to indemnify and hold the Company harmless from all direct and indirect costs and damages, as well as all penalties that the Company may incur due to an action brought by a third party against it resulting from the content provided by the User for personalized products.

**Article 13 – Company's Obligations**

The Company undertakes to:

- make the Site available to the User;

- allow the User to access the Site and its products and services as much as possible. However, given the new technology, the Company does not offer any guarantee regarding its proper functioning. These obligations to provide products and services are limited to a best-effort obligation. In case of malfunction, overload, or malfunction of the Site, or in case of use of the Site by a User or a third party disrupting the proper functioning of the Site, the Company reserves the right to temporarily interrupt or limit the use of the Site.

The Company also commits to implementing all means at its disposal to maintain the confidentiality of the data transmitted by the User. However, the User is informed and acknowledges that the Company has no control over electronic communication networks, including the internet, through which the Site is accessible, so it cannot be held responsible for any damage caused by such networks. The User is also informed that, given the current state of technology, no security measure can exclude all risks of loss, alteration, diversion, or interception of data circulating on such networks, nor all risks of intrusion into any infrastructure connected to such networks and breach of integrity, confidentiality, and more generally the security of the data hosted there. Under these conditions, the Company does not guarantee the absence of breaches of integrity, confidentiality, and more generally the security of the User's data.

The Company is not liable to the User or third parties for damages caused by a malfunction of the Site, such as damage caused to any equipment used for the use of the Site by the User, or generally due to any manipulation of the Site by the User or third parties.

To ensure the proper functioning of the Site, the Company stores the User's texts online. No use of these texts, other than those requested by the User, will be made by the Company without the express permission of the User. 

Furthermore, the Company reserves the right to delete the texts added by the User at any time, for technical reasons or for storage space reasons.

**Article 14 – Data Protection and Privacy**

The Company records the User's personal data and processes it in compliance with the applicable regulations and the conditions set out in the personal data processing policy available here.

**Article 15 - Claims and Amicable Settlement of Disputes**

Under Article L. 612-1 of the Consumer Code, "Any consumer has the right to seek free recourse to a consumer mediator with a view to the amicable resolution of the dispute between them and a professional." 

For any difficulty concerning the execution of an order, the User may first contact the Company at the contact details indicated at the beginning of these General Terms and Conditions of Sale. 

If the User does not obtain satisfaction within one year of their initial contact, they may have their request examined by a mediator reachable via the following URL: http://www.ec.europa.eu/consumers/odr

**Article 16 – Applicable Law**

These General Terms and Conditions of Sale, as well as all acts and operations carried out under these General Terms and Conditions of Sale, and the rights and obligations of the parties hereto, are governed and interpreted in accordance with French law.

**Article 17 – Jurisdiction**

Any dispute regarding the validity, interpretation, acceptance, or execution of this contract, which cannot be resolved amicably, will be subject to the jurisdiction of the competent courts located in the jurisdiction of the Company's headquarters.

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