Introduction

These terms and conditions of use (General Terms of Use) together with the information and rules contained on the site and any other document to which these terms and conditions refer, establish the legal terms that apply to your use of the site https: //marcy.paris/, the purchase of Marcy Infinity SAS Products (company number RCS Paris 514 684 760, VAT number FR 47514684760) whose registered office is located at 102 rue Réaumur, 75002 Paris (hereinafter referred to as “Marcy Paris”).

1. Data Privacy Policy
   Your purchases of the Products offered on the Site (the Products) are subject to these terms and conditions, and by placing an order you agree to be bound by these Terms and Conditions. You should print a copy of these Terms and Conditions for your reference. The use of your personal information provided for or through the Site is regulated by our Privacy and Cookies Policy. All personal data is kept for 3 years.
   We reserve the right to change the general conditions at any time, by modifying them on the Site, without retroactive effect: none of these changes will affect orders already placed.
   It is specified that these General Conditions of Use apply to all of the brands of the Marcy Infinity company (Marcy Paris, M102, and any other brand that may be created subsequently).
   
   
2. Access to the site
   It is your responsibility to ensure that your equipment (computer, laptop, tablet or other mobile device) is compatible with the technical specifications necessary to access and use the Site, and is compatible with the Site.
   At any time, we may limit access to all or part of the Site for certain registered customers. You must ensure that the information provided during your registration is accurate. If you choose identifiers or if identifiers are given to you as part of our security procedures, you must treat them as confidential information and must not share them with anyone. You are responsible for all activity on your account and must report any unauthorized use or other fraudulent activity to us immediately upon becoming aware of it. We reserve the right to deactivate any login or account, at any time, if we believe that you have not complied with the provisions of these terms and conditions or if any details provided for your registration are found to be false.
   
   
3. Operation of the site, services and products
   The site belongs to Marcy Paris. These Services include, but are not limited to, payment processing, customer service, Site hosting, and delivery services.
   
   
4. Products
   The Products belong to and are sold on the Site by Marcy Paris. Marcy Paris strives to be as precise as possible in the description of the Products. However, we cannot guarantee that they are completely accurate, complete, reliable or error-free. The images of the Products on the Site are for illustrative purposes only. Although we make every effort to show colors accurately, we cannot guarantee that your computer's display of colors accurately represents the color of the Products.
   As a consumer, you have rights concerning any products that are defective or do not conform to their descriptions.
   The Products sold are provided for your purely domestic and personal use. You agree that you will not use the Products for commercial or resale purposes. We have no liability to you for loss of profit, loss of business, interruption of business, or loss of earnings.
   
   
5. Orders and availability
   Products can be ordered by clicking on the items you wish to purchase, and following the instructions that appear on the screen. You will be able to change all information until order confirmation, when you click “Proceed to Checkout” on the checkout page.
   After placing your order, you will receive an email from us confirming the registration of your order and giving you a reference number. Please note that this email does not mean that your order has been accepted. Your order constitutes an offer to purchase one of our Products. All orders are subject to our validation. We are under no obligation to accept your order and may, at our discretion, refuse to accept any order. However, by clicking on “Proceed to payment” you accept the obligation to pay for the Product(s). If we accept your order, we will send you an email to confirm dispatch (the Dispatch Confirmation) of it. The contract for the Product(s) ordered which is formed between you and us (the Contract) will not be concluded until we send you the Dispatch Confirmation. Once the contract is formed, we will be obliged to supply the Products to you in accordance with the Contract.
   The Contract relates only to the Product(s) whose dispatch has been confirmed in the Dispatch Confirmation. We will not be under any obligation to supply any other Product(s) which may have been part of your order until another Dispatch Confirmation relating to them has been sent.
   An order cannot be modified, canceled or postponed without our prior, express and written agreement.
   
   What you are entitled to do
   You may use the Site only for non-commercial purposes and in accordance with these terms and conditions. You may retrieve and display the Content on a computer screen, print and copy multiple pages thereof and, subject to the following section, save such pages in electronic form. Additional terms are applicable to certain articles, parts and contents of the Site, if such terms are applicable, they will be displayed on the screen or accessible via a link.
   
   What you are not allowed to do
   Other than as set out in these terms and conditions, you may not:
   - “hoard” content or save content from the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading content from the Site; Delete or modify the content of the Site, or attempt to circumvent our security features or interfere with the normal operation of the Site or the servers on which it is hosted; Or
   - Create links to the site from another website, without our written consent. You may, however, create a link from a site that you manage, as long as the link is not misleading or misleading and clearly indicates its destination, as long as you do not indicate that we support you, your website or the products and services you offer, as long as the link redirects to the home page of our site and not to a replica, and that the site on which the link appears does not contain illegal, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which violates the intellectual property rights or any other right of a third party.
   You must use the Site and what is on the Site lawfully (in accordance with all applicable laws and regulations), responsibly, and in no way that could damage our name, reputation or that of our partners.
   Any rights granted under these terms and conditions will terminate upon your breach.
   
   
6. Intellectual property rights
   All intellectual property rights to the content of the Site (including text, graphics, software, photos and other images, videos, sounds, trademarks and logos) belong to Marcy Paris. Other than as set forth in these terms and conditions, you have no rights to any intellectual property owned by us or our licensors, and you acknowledge that you do not obtain any ownership rights by downloading any or all content from the Site. If you print off, copy or save certain pages of the Site (in accordance with these terms and conditions), you must ensure that any copyright, trademark or other intellectual property notices included in the original content are reproduced.
   
   
7. Intellectual Property for marketing purposes
   Marcy Infinity may, for documentary and/or marketing purposes, reproduce and/or represent the photos, digital content, logo(s), product(s) and/or brand(s) of the Customer with outfits corporate developed by Marcy Paris on any printed product (review, magazine, “leaflets”, arguments, brochures, etc.) as well as on any magnetic, analogue or digital medium (social networks and on the Internet. As such, the Client declares to be the holder of all the rights to the digital content(ies), objects of the Contract and, more particularly, the intellectual property rights (copyrights, trademarks and models) of third parties which may have been incorporated into the said photos and image rights on the goods and persons subject of said photos.The Customer will inform Marcy Paris of any limitation which may have been the subject of the rights of which he is the holder and which, consequently, would limit in duration and scope the right for Marcy Paris to use the photos, documents posted on social networks by the Customer and/or digital content, during the five (5) years following the contract with the Customer. The Client also guarantees Marcy Paris against any recourse or actions brought by any person who has participated directly or indirectly in the creation and production of the photos or digital content, regardless of the basis of their action, or who considers that they have to assert rights over they.
   
   
8. Content
   We may change the content and format of the Site from time to time. You agree that your use of the Site is based on the content and format as it appears, and at your own risk.
   Although we endeavor to ensure that all content on the Site (apart from information provided by customers) is correct, the content should not be relied upon as a source of authority or advice to be followed. You must contact us to verify the information before acting on it.
   We give no guarantee as to the accuracy, completeness, current nature of the information, integrity, quality, relevance or originality of all or part of the content of the Site, and in accordance with the Law that all implied warranties, conditions and other terms are excluded and we accept no liability, for loss or damage of any kind, arising from the use by you or any other party of the content of the site.
   We cannot guarantee, and do not guarantee that all or part of the content of the Site does not contain viruses and/or any other code which could have contaminating or destructive elements. It is your responsibility to put in place the necessary electronic security safeguards (including antivirus and other security processes) to ensure that the content meets your security and reliability requirements.
   
   external links
   The Site may, from time to time, use external links which may include third party offers and promotions. We provide these links to external sites only to provide you with information, products and services that may be of interest or useful to you. We are not responsible for the content of these sites or the products and services they provide, and do not guarantee that they will be available indefinitely. The inclusion of these links does not imply any endorsement by us of these associations and promoters.
   
   Our responsibility
   Subject to this, in no case will we be liable for any loss of profit, and any liability which may arise from a Contract may not exceed the purchase price of the product(s) concerned and limited reasonably foreseeable losses. Foreseeable losses are losses which could have been foreseen by you or us when placing the order.
   We will not be liable for the failure to perform, or delay in performance of, our obligations under any Contract if this is the result of events beyond our reasonable control.
   
   
9. General
   You may not transfer or assign all or part of the rights and obligations of any Contract whatsoever.
   Any notices you wish to send to us must be given in writing to the address given at the end of these terms and conditions. We will contact you, either by e-mail or by post to the address given when placing your order.
   If we are unable to enforce one of your rights, this does not mean that it has been waived.
   If any provision of these terms and conditions proves unenforceable, all other provisions shall remain unaffected.
   These terms and conditions may not be changed without our written consent.
   These terms and conditions, and any document referred to in these terms and conditions, represent the entire agreement between you and us relating to the subject matter of any Contract.
   These terms and conditions are governed by French law, and you agree that any dispute between you and us relating to any Contract will be settled by the French courts.
   
   
10. Contact us
    Please submit any questions regarding these terms and conditions, an order placed or the ordering process in general by email to contact@marcy.paris by phone at +33 (0)1.85.09.36.90 between 9 a.m. and 6 p.m. Monday to Friday, or by mail to the following address:
    Marcy Infinity SAS
    102 rue Reaumur,
    75002 Paris

I. General conditions of sale

These General Conditions of Sale present in detail the rights and obligations of the company Marcy Infinity SAS (registered with the RCS of Paris under number 514 684 760, VAT number FR 47514684760) whose head office is located at 102 rue Réaumur, 75002 Paris (hereinafter referred to as "Marcy Paris") and its Customer in connection with the sale of the Products specified below.
Any service provided by Marcy Paris implies the unreserved acceptance of the Professional Buyer Client of these General Terms and Conditions of Sale, which constitute the sole basis of commercial negotiation in accordance with the provisions of Article L.441-1 of the Commercial Code.
It is specified that these General Conditions of Sale apply to all the brands of the company Marcy Paris.

1. quality chart
   All our textile products are rigorously studied: materials, structures and cuts, to adapt to the specific movements of your activity and to be worn and washed every day (household and industrial maintenance). In order to guarantee the reliability, durability and quality of our products, all our fabrics are subjected to washing, pilling, color fastness to washing, perspiration and wear resistance tests.
   
   
2. Price
   Subject to specific conditions of sale applicable on quotation for special collections and services, the applicable sale prices are those appearing on the Site as well as in the official price list sent by e-mail when creating the account or in a subsequent price change. Unless otherwise stipulated, the prices of the Products are indicated in EURO. In the event of payment in a different currency to that indicated on the quote, bank and exchange fees are the responsibility of the Customer.
   Marcy Paris reserves the right to modify the prices and will inform the Customer as soon as possible.
   The prices are indicated excluding taxes, VAT, customs duties, and excluding delivery costs which will be indicated and invoiced to the Customer at the time of payment.
   
   
3. Payment Terms
   Purchases on the Site are paid for by credit card, bank transfer, direct debit or any other payment method available on the Site.
   Except for other terms expressly provided for in the special conditions of sale, prices are firm, final and payable in cash when ordering.
   No discount will be applied in the event of early payment.
   
   
4. Late payment
   Failure to pay in full or in part for the order delivered on the day of receipt will result in a late payment penalty equivalent to three times the legal interest rate in effect at the time of delivery of the Products. Since 2015, the revision of the legal interest rate will take place every 6 months (Ordinance n°2014-947 of August 20, 2014). Applied without any prior formal notice, this penalty is calculated on the amount including tax of the sum remaining due, from the due date of the price. In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs (Articles 441-6, I paragraph 12 and D.441-5 of the French Commercial Code).
   
   
5. Cancellation clause
   If the Customer does not pay the sums remaining due within 15 days following the application of the late penalty, a resolution of the sale will be carried out as of right, which may give rise to the allocation of damages for the benefit of the Marcy Paris company.
   
   
6. Delivery
   1. Marcy Paris holds Approved Exporter (EA) and Registered Exporter (REX) status. As such, Marcy Paris can obtain reductions or eliminations of customs duties for its customers in the destination countries subject to these regulations. Marcy Paris is authorized to provide a certificate of origin in many areas, including the European Union, the United Kingdom, Canada, Japan, overseas countries and territories for REX status, and Switzerland , Iceland, Norway, South Korea, Singapore, Jordan, Israel, Andorra, Lebanon, Albania, North Macedonia, Montenegro, Bosnia and Herzegovina, Serbia, Ukraine , Georgia, Mexico, Chile, Peru, Colombia and Ecuador, as well as Central America for EA status.
      The Products are delivered to the delivery address indicated by the Customer when ordering.
      The delivery costs will be specified on the Site, all taxes included, during the ordering process and must be accepted by the Customer at the time of validation of the order.
      They will appear on a specific line separate from the one specifying the price of the Products.
      It is expressly specified that the amount of delivery costs may vary depending on the territory of delivery of the Products, which the Customer expressly acknowledges and accepts.
      Delivery times are provided for information only. These deadlines do not constitute a strict deadline and the company Marcy Paris can in no case be held liable with regard to the Customer in the event of late delivery.
      Marcy Paris may suspend or cancel the sale or several deliveries and new orders in the event that the Customer fails to comply with one or other of its obligations vis-à-vis Marcy Paris.
   2. The Products are delivered to the delivery address indicated by the Customer when ordering.
      The delivery costs will be specified on the Site, all taxes included, during the ordering process and must be accepted by the Customer at the time of validation of the order.
      They will appear on a specific line separate from the one specifying the price of the Products.
      It is expressly specified that the amount of delivery costs may vary depending on the territory of delivery of the Products, which the Customer expressly acknowledges and accepts.
      Delivery times are provided for information only. These deadlines do not constitute a strict deadline and the company Marcy Paris can in no case be held liable with regard to the Customer in the event of late delivery.
      Marcy Paris may suspend or cancel the sale or several deliveries and new orders in the event that the Customer fails to comply with one or other of its obligations vis-à-vis Marcy Paris.
      If the Products ordered are delivered outside French territory, it is possible to have to pay import duties and/or taxes, payable upon delivery of the order. Any additional customs clearance costs will be the sole responsibility of the Customer. Customs duties and/or any customs clearance costs, goods unloading costs, are not foreseeable, as they vary according to the regulations applicable in the country of receipt of the Products and will be the sole responsibility of the Customer.
      Marcy Paris will not be held responsible if the Customer encounters any customs problem when exporting Marcy Paris Products to a country outside the European Union.
      If the Products ordered are delivered outside French territory, it is possible to have to pay import duties and/or taxes, payable upon delivery of the order. Any additional customs clearance costs will be the sole responsibility of the Customer. Customs duties and/or any customs clearance costs, costs of unloading the goods, are not foreseeable, as they vary according to the regulations applicable in the country of receipt of the Products and will be the sole responsibility of the Customer.
      Marcy Paris will not be held responsible if the Customer encounters any customs problem when exporting Marcy Paris Products to a country outside the European Union.
      
      
7. Transfer of ownership and risk
   Ownership of the Products sold is transferred to the Customer upon full payment for the Product.
   The risks are transferred to the Customer as soon as the Products are made available to the address indicated when ordering.
   The risk of loss and damage is transferred to the Customer according to the Incoterm DAP.
   
   
8. Complaints/Return
   No return of Product for whatever reason will be accepted without our prior, express and written agreement.
   Any complaint concerning the Product must be made by e-mail within 14 working days of delivery.
   The Products delivered will be deemed to be in conformity in quantity and quality if the Customer takes possession of the Products upon receipt and does not express any reservations within 14 working days of delivery.
   The Customer must clearly explain the defect and the Product reference and request the written agreement of Marcy Paris to make a return, which will be granted subject to all reservations.
   The Products must be returned in their packaging, in their original and undamaged condition. Parcels for which no attached element allows the sender to be identified (return number, order number, Customer name, address, etc.) will be refused. Marcy Paris reserves the right to refuse a return if the Products are returned in damaged packaging.
   Slight differences in size, tone, color and execution do not constitute a lack of conformity.
   After qualitative and quantitative verification of the Products carried out by the Quality Department of Marcy Paris, the return will be subject to an exchange or, failing that, a credit note excluding any damages if the complaint is justified. Otherwise, no exchange will be made.
   The costs and risks of the return are the responsibility of the Customer with the carrier of his choice.
   
   
9. Retention of title
   The Products sold remain the property of Marcy Paris until full payment of the principal price, costs and accessories. The risks are transferred to the Customer as soon as the Products sold are made available to the address indicated when ordering.
   The risk of loss and deterioration is transferred to the Customer upon delivery of the Products sold.
   In the event of total or partial non-payment of the order or of an invoice when due, the Customer undertakes to return the unpaid Products of which Marcy Paris remains the owner, upon receipt of a formal notice stating this clause.
   The Customer undertakes to keep the Products sold under retention of title in such a way that they cannot be confused with goods of the same nature from other suppliers.
   If the Customer is the subject of a reorganization or a judicial liquidation, Marcy Paris reserves the right to claim, within the framework of the collective procedure, the Products sold and remained unpaid. Without prejudice to what is stipulated above, the Customer assigns to Marcy Paris any price claim resulting from the resale, on credit, of Products sold whose purchase price has not yet been paid at the time of the resale. .
   
   
10. force majeure
    Marcy Paris will not be held responsible for any delay or non-performance, when the cause of the delay or non-performance is due to the occurrence of a case of force majeure such as, in addition to those usually recognized by case law, the blocking of telecommunications , blockage of the Internet, breakdown of equipment broadcasting the Site, earthquakes, fires, storms, floods, water damage, blockage of means of transport or supply, total or partial strike, and any other event beyond the control of the parties preventing the normal performance of the contract.
    Each party must inform the other as soon as possible in the event of the occurrence of a case of force majeure preventing it from performing all or part of its obligations. The case of force majeure suspends the obligations arising hereof for the duration of its existence. However, if the case of force majeure had a duration of existence greater than six consecutive weeks, Marcy Paris or the Customer have the option of canceling all or part of the order without the Customer being able to assert any right to compensation.
    
    
11. Limitation of Liability
    Marcy Paris' liability in the event of contractual non-performance will be limited to the sums paid by the Customer for the purchase of the Products. Under no circumstances will Marcy Paris be liable for any indirect damage for any reason and for any reason whatsoever, including in particular loss of earnings or operating losses. Marcy Paris will be exonerated from its liability by providing proof that the non-performance or poor performance of the General Conditions is due to a case of force majeure.
    Marcy Paris does not guarantee the harmful consequences that could result from the misuse or improper storage of the Products sold.
    
    
12. Partial nullity
    In the event that one or more stipulations of these General Conditions are considered null and void, deemed unwritten or declared as such pursuant to a law, regulation or following a final decision of a competent court , the other stipulations will retain all their force and scope and will remain fully applicable.
    The Parties then agree to negotiate in good faith the clause declared null, deemed unwritten or invalid by a clause which will relate most in terms of its content to the clause initially adopted, and in view of the initial intention of the Parties, so as to remain consistent with the economic equilibrium of the Contract.
    
    
13. Assurance
    Marcy Paris declares that it is insured with a competent body within the framework of its activity.
    
    
14. Assignment
    The General Conditions are concluded “intuitu personae”. Consequently, neither Party may assign its rights or obligations under the General Conditions, even partially (except in the event of merger, restructuring, reorganization) without the prior written authorization of the other Party, it being understood that the refusal shall not not be unreasonable.
    
    
15. Privacy
    The Customer will not disclose any confidential information concerning Marcy Paris or the Products sold and, in general, concerning any services provided by Marcy Paris for the Customer. Any information that is not in the public domain or that is there as a result of wrongful disclosure is considered confidential.
    
    
16. Applicable law and attribution of jurisdiction
    These General Conditions are subject to French law.
    If the General Conditions were to be translated into a foreign language, the French language would prevail over any other translation.
    In the event of a dispute and in the absence of an amicable agreement between the parties, all disputes to which the application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their suites, will be subject to the jurisdictions of the place of the registered office of MARCY Infinity SAS, notwithstanding plurality of defendant or warranty claim, even for emergency procedures, conservatory procedures, in summary proceedings or on request.