General Terms and Conditions of Sale (GTCS)

The marko-helmets.com merchant website is operated by the company La compagnie des Accessoires (LCDA) registered in the Trade and Companies Register under number 522 820 059 00023 and having its registered office at 47 boulevard Beaumarchais 75003 Paris.

Preamble - Definitions

1.1 "Customer" refers to any user who browses, acquaints themselves with, reserves, orders and/or purchases a product or service offered on the site.

1.2 "Product" refers to any product offered on the Site.

1.3 "Site" refers to the infrastructure developed by the Seller in accordance with the computer formats usable on the Internet, comprising data of various kinds, and in particular text, sound, still or animated images, videos and databases, intended to be consulted by the Customer to find out about its products and services.

1.4." Internet" refers to various networks of servers located in different places throughout the world, linked together using communication networks and communicating using a specific protocol known as TCP/IP.

1.5 "order": The order is the manifestation of the Customer's wish to respond to an offer made on an Internet site.

Article 1 - Application of the general terms and conditions of sale

These general terms and conditions of sale apply to all orders placed via the Website. They prevail over any other stipulation, written or otherwise, made by the customer, in compliance with the rules established for electronic commerce contracts.

Any order implies full acceptance of these conditions of sale, subject to any special conditions written by the seller at the time the order is placed. Acceptance and confirmation of the order are established by the entry of the customer's data on the registration pages; this data appears on a summary screen mentioning an explicit request for the consumer's firm commitment before accessing the payment platform.

Confirmation of the order by the customer constitutes an electronic signature of these general terms and conditions of sale.

These general terms and conditions of sale may be amended from time to time. In this case, the conditions applicable to the contract concluded by the customer will be those in force on the Website at the date of the order. The Customer declares that he/she has full legal capacity to enter into a commitment under these terms and conditions.

These terms and conditions only apply to Customers who are natural persons who are not traders, and on French territory and for Customers who place orders exclusively via the Internet.

Article L221-15 of the French Consumer Code states that: "The professional is automatically liable to the consumer for the proper performance of the obligations arising from the distance contract, whether these obligations are performed by the professional who concluded the contract or by other service providers, without prejudice to his right of recourse against the latter.

However, he may be exonerated from all or part of his liability by proving that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

For all in-store purchases, please refer to the conditions of sale of the shop where the purchase was made.

Article 2 - Ordering

Any order implies that the Customer accepts these general terms and conditions of sale without restriction or reservation.

The Customer has the option of ordering online from the online catalogue on this website at marko-helmets.com ".

The order can only be registered on the website if the Customer has clearly identified himself by entering his customer code and password, which are strictly personal to him.

Any order implies acceptance of the prices and descriptions of the products available for sale.

Any use(s) of promotional code(s) outside the context of the agreed rules will be automatically cancelled by the company. It is strictly forbidden to combine promotional codes for the same order. LCDA reserves the right to accept or cancel a promotional code if its use is abusive or contravenes the rules of the current promotion.

Article 3 - Prices

The prices applied on the Internet are guaranteed in the event of exchange or late delivery. 

Article 4 - Delivery times

The delivery times indicated are based on the order date and are given in working days (Saturdays, Sundays and public holidays are not taken into account when calculating the delivery time).

The delivery period will not exceed thirty days, failing which the customer may not proceed with the sale and will be reimbursed the price paid within a further period of thirty days.

The times indicated are indicative times communicated by our carriers; these times do not take into account order preparation times, which may also be 24 / 48 hours on working days.

Shipping" means ---- the time taken to prepare the order.

Delivery" refers to the time taken for the parcel to arrive in transit.

Free Chronopost delivery for orders over €90. Free delivery from 299€ with TNT Express in France.

In the event that a parcel is refused or in the event that we are unable to deliver the customer's order due to a lack of a complete address and in the event of a return parcel, the delivery charge applied to the order will be deducted from the refund, whatever the reason for the refusal, and even if delivery was offered, the delivery charge will be deducted from the amount of the refund.

Article 5 - Right of withdrawal

Customers have 30 days to exercise their right of withdrawal and 30 days to return the unwanted item. This period runs from the date of receipt of the goods, without any justification or penalty, with the exception of the cost of returning the goods.

In order to exercise their right of withdrawal, customers must first send an unambiguous request for withdrawal to customer services by e-mail within the period indicated above, clearly expressing their wish to withdraw by completing the returns form and returning it duly completed to customer services with their parcel.

https://marko-helmets.com/pdf/Return_Form_MARKO.pdf

Customers must return their item, at their own expense, in perfect condition within a maximum of 30 days from the date of delivery.

Reimbursement will be made by the same means of payment as that used by the customer to pay for their purchase, upon receipt by LCDA of the item in good condition, in its original packaging, within 30 working days of receipt of the return parcel meeting the aforementioned conditions.

Any item returned damaged and/or out of its original packaging or not meeting the above conditions will not be reimbursed.

How do you prepare your return parcel ?

a- Carefully prepare your return parcel. The product(s) must still be in their original packaging and wrapped to protect them during transport.

b- Fill in the form and affix it to the parcel.

On receipt of your parcel, the Company will check the product(s).

If they meet the return conditions, we will proceed with :

refund the product(s) within 14 days of receipt of the return. a +5% credit note.

Returns can only be made via the website for ALL web orders without exception. Please note! :

Exchanging products is possible, however, the same return conditions apply. The customer must return the product within 30 days.

The return for a refund remains the responsibility of the customer "by colissimo with tracking or signature" to the following address 

No other means of return is accepted.

In the event of the loss of a parcel by the Post Office or the use of a carrier by the customer, La Compagnie des Accessoires will not be able to proceed with any refund or any other form of compensation.

Article 6 - Validity of the order

A summary of the order before final validation will be made available to the Customer so that he/she can check the accuracy of the data entered and correct any errors that may have been made. In all cases, the online provision of the bank card number and the final validation of the order will constitute proof of the completeness of the said order in accordance with the provisions of the Law of 13 March 2000 and will constitute payment of the sums involved in the order.

This validation shall constitute signature and express acceptance of all operations carried out on the site.

However, in the event of fraudulent use of the customer's bank card, the customer is invited to contact the serviceclient@marko-helmets.com customer service department as soon as this is discovered.

The computerised registers kept in the Vendor's computer systems will be considered as proof of communications, orders and payments between the parties.

It is expressly agreed that, in the absence of an obvious error on the part of the Vendor, the data stored in the Vendor's information system shall have evidential value in respect of orders placed by the Customer.

Data on computer or electronic media constitute valid evidence and as such are admissible under the same conditions and with the same evidential value as any document drawn up, received or kept in writing on paper.

Order forms and invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code.

Article 7 - Order cancellation

All orders are deemed firm and, subject to the provisions of these general conditions of sale, may only be cancelled with the express consent of LCDA. Cancellations must be stipulated by e-mail to the customer service at serviceclient@marko-helmets.com.

Refunds will be made within 5 working days. Refunds by credit card are deemed to be faster than refunds by bank transfer. As a general rule, it takes between 3 days and 1 week for the expected amount to appear in the bank account linked to the credit card.

Article 8 - Receipt of products

The Customer acknowledges having been informed of the essential characteristics of the goods ordered. If the parcel is indicated as "delivered" on the TNT OR Mondial Relais website but the customer has not received anything, an enquiry will be opened. The customer undertakes to notify LCDA by e-mail to the customer service department, enclosing a sworn statement and a photocopy of his/her identity card. No refund will be made without these elements.

Any complaint regarding apparent defects or the non-conformity of the product delivered, in relation to the order, must be explicitly stipulated by e-mail indicating the order number within 3 days of receipt, MUST be accompanied by a photo of the product in question.

The material, object or product may not be taken back without the express agreement of LCDA. Products may only be returned if they have not been altered in any way and are received in their original packaging.

Article 9 - Complaints

All complaints must be sent by e-mail to: serviceclient@marko-helmets.com within 3 days of receipt of the goods. This request MUST be accompanied by a photo of the product. LCDA reserves the right to refuse late complaints that do not enable it to intervene with the manufacturer.

Article 10 - Terms of payment

9.1 Prices

Prices are indicated in euros, inclusive of all taxes. They take into account the VAT applicable on the day of the order. These prices do not include delivery charges, according to the amount in force.

Any change in the applicable VAT rate may be reflected in the product prices. Prices may not be modified once the Customer's order has been placed. Similarly, if one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be passed on to the selling price of the items on the Vendor's site and in the sales documents. The prices of the items ordered on the site and the date of the order in question shall prevail.

9.2.Payment

Customers have the choice of paying for their purchases:

• Online when ordering by credit card (Visa, Eurocard, Mastercard)
• By Paypal
• By bank transfer
• By cheque (with the agreement of Customer Services)

Prices are guaranteed while stocks last.

9.3. Debit

When the Customer places an order, only a credit card imprint is taken.

Payment or debiting of the Customer's account takes place when the payment is confirmed. The information is sent to the bank and cannot be cancelled.

In the event of a cancellation requested by the Customer, LCDA must reimburse the Customer within the statutory period of 20 working days.

As part of the fight against Internet fraud, information relating to the Purchaser's Order may be transmitted to any third party authorised by law or designated by LCDA for the sole purpose of verifying the Purchaser's identity, the validity of the Order, the method of payment used and the delivery envisaged.

All Orders are in Euros. Compagnie des Accessoires reserves the right to refuse, suspend or cancel an Order, whatever its nature, in the event of total or partial non-payment, fraud or attempted fraud.

9.4 Invoicing

The Customer's invoice is issued on the Site as soon as the parcel is handed over to the carrier. It also serves as a guarantee and is available from the customer account.

Article 11 - Warranties

The guarantee applies exclusively to defects in the conformity, functioning or construction of the products, with regard to the product sheet appearing in the catalogue available on the Website at the time the order is confirmed. It will only apply if the equipment has been put to normal use by the Customer. Damage of external origin or resulting from incorrect or improper use of the product is excluded from the warranty.

If the customer notices a defect, he must contact the customer service by email at serviceclient@marko-helmets.com

Marko Helmets remains liable for defects in conformity of the product with the contract in accordance with articles L.211-4 and following of the French Consumer Code and for redhibitory defects, or hidden defects in the item sold, under the conditions set out in articles 1641 and following of the French Civil Code and 2232 of the French Civil Code. These guarantees may be exercised by contacting LCDA SAS

Distribution at the following address: 8 Boulevard Richard Lenoir - 75011 PARIS.

In any event, the legal guarantee of conformity applies independently of any commercial guarantee that marko-helmets.com may have granted on the product(s) ordered.

Finally, the customer may decide to make use of the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the French Civil Code.

Article 12 - Mediator

Since 1 January 2016, all consumers have had the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. (Articles L.221-5, L.111-1, L.616-1 and R.616-1 of the French Consumer Code).

The e-commerce mediator is FEVAD, whose head office is at the following address

Useful information is available at http://www.mediateurfevad.fr/

Article 13 - Intellectual property

All elements of the seller's site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.

They are the exclusive property of LCDA. Any Customer who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Vendor's site, must request prior written authorisation from LCDA.

In all cases, any unauthorised link must be removed at the Vendor's request.

Any reproduction or representation, even partial, by any means whatsoever, without the express prior written consent of the Seller is prohibited and unlawful. Failure to comply with this prohibition constitutes an infringement of copyright, for which the infringer may be held civilly and criminally liable.

Article 14 - Confidentiality - security

The Vendor makes every effort to ensure the confidentiality and security of data transmitted on the web.

To this end, the website uses a secure payment module such as Be2bill or 3d-Secure. The Seller implements technical and organisational security measures to protect the data it manages against accidental or intentional manipulation, against the loss or destruction of data, or against access to data by unauthorised persons.

Article 15 - Personal data

In order to offer Customers appropriate Services, LCDA may ask them to provide personal data. Depending on the services to which Customers subscribe, the Customer will be asked to provide information, some of which is compulsory and others optional.

LCDA undertakes to respect the privacy of its Customers and to protect the information communicated to it. Personal data collected on the Vendor's sites is intended for internal use. It is confidential and treated as such, and may not be transferred to third parties.

The collection or transmission of personal data to government bodies or administrations is only carried out within the framework of compulsory national legal requirements. Employees and agents are bound by professional secrecy and are obliged to comply with LCDA's code of ethics.

Personal information concerning the Customer is intended for the Seller and may be transmitted to companies belonging to LCDA. If the Customer wishes to object to this, he/she should send a letter to the following address: serviceclient@marko-helmets.com

Finally, unless the Customer objects, the Vendor may transfer data concerning the Customer to its partners.

In accordance with the amended law of 6 January 1978, the Customer has the right to access, oppose and rectify data concerning him/her, either directly on the Internet, or by writing to the Vendor at the following address: serviceclient@marko-helmets.com

Article 16 - Liability

It is the Site Customer's responsibility to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating on the Internet.

LCDA may not be held liable for any direct or indirect damage, including in particular loss of profits, customers, data, any loss of intangible assets, loss of earnings or any other loss or damage which may arise from the use or, on the contrary, from the impossibility of accessing the Site, following faulty use by the Customer.

The Site may contain links to other sites not managed and/or published by the Vendor.

The Vendor has no control whatsoever over the information, products or services offered by these other sites and cannot under any circumstances be held responsible for the content of such sites.

Article 17 - Duration

These terms and conditions apply for as long as the services offered by the Vendor are online.

Article 18 - Force majeure

Neither party may be held liable if performance of the contract is delayed or prevented due to force majeure or an act of God, the fault of the other party or a third party or external causes such as industrial disputes, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.

Signed on 07 December 2018