Please read carefully these General Terms and Conditions of Sale and General Terms and Conditions of Use of the marimbacouture.com website.

1. Seller identification

These general terms and conditions of sale apply to the sales defined below and carried out by MARIMBA COUTURE, a simplified joint stock company with a share capital of €5,000, whose registered office is located at 10, Rue de la Mairie – 09500 Lapenne – France, registered in the Foix Trade and Companies Register under number 977 869 163. Its Siret number is 977 869 163 00013 and its VAT number is FR 29 977 869 163. His telephone number is +502 3008 3026. His contact email is: contact@marimbacouture.com

2. Scope and acceptance of the General Terms and Conditions of Sale

The purchase of products offered on the www.marimbacouture.com/fr website (hereinafter the “Site”) is subject to the present terms and conditions of sale (“Terms and Conditions”). The Site allows you to order, online via the Internet, from MARIMBA COUTURE a selection of Marimba brand products (hereinafter the “Product(s)”). The Products are exclusively intended for sale to end consumers, whether natural persons or legal entities, to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the customer declares that he is acting as a final consumer and that he does not intend to resell, directly or indirectly, the Marimba Products for commercial purposes. This commitment constitutes an essential condition for MARIMBA COUTURE. The customer certifies that he/she has the legal capacity to enter into the commitments provided for herein. MARIMBA COUTURE may update these Terms and Conditions at any time. You can check the current version of the General Terms and Conditions of Sale at any time by visiting the “General Terms and Conditions of Sale” section of the Site. The contract of sale between you and MARIMBA COUTURE shall include the terms and conditions of your order and the terms and conditions of sale applicable at the time of your purchase, which shall apply to the exclusion of any other terms and conditions or any conditions implied by trade, customer or course of dealing. In addition, each time you make a purchase on the Site, you will be asked to confirm your acceptance of these General Terms and Conditions of Sale in force on the date your order is placed. These terms and conditions can be viewed before and at the time you are asked to confirm your acceptance of them. To confirm your acceptance, you must check the box “I accept the General Terms and Conditions of Sale (new window), and consent to the processing of my data in accordance with Marimba’s Privacy Policy”. You can consult Marimba’s Privacy Policy at any time by clicking on the link entitled “Privacy Policy”.

3. How to order

If you have any questions about the Products or your orders, you can contact our customer service department (hereinafter referred to as “Customer Service”) by clicking on the “Contact” link. The Site allows you to order, online via the Internet, from MARIMBA COUTURE, a selection of Products for delivery under the conditions specified in article 8.1 “Delivery zone”. The Site does not allow the placing of special orders, in particular the creation of a Product that does not exist or no longer exists in the Marimba Couture collection, or the adaptation/modification of a Product from the Marimba collections by MARIMBA COUTURE. However, the present General Terms and Conditions of Sale will apply to any purchase of personalized products at your request (see article 4.2 below).

4. Product availability

Product offers are valid while stocks last. In fact, each piece is produced in a single, unique edition. Sales are therefore subject to availability. Furthermore, Marimba reserves ownership of the Products until payment for the Products has been received in accordance with the provisions of Article 7 below. In the event that a Product is unavailable after you have placed your order, we will inform you by e-mail or telephone as soon as possible, offering you either to order another Product presented on the Site as a replacement, or to cancel your order. MARIMBA COUTURE shall not be held liable in the event that the Products are out of stock or unavailable. MARIMBA COUTURE reserves the right to change the Products offered on the Site at any time and without notice. In order to ensure a better quality of service and availability of our Products to all its customers, MARIMBA COUTURE reserves the right to limit the quantity of Products that may be purchased by a customer, in accordance with the provisions applicable in this respect and in particular those of Article L. 121-11 of the French Consumer Code.

5. Ordering procedure

5.1. Site ordering procedure

5.1.a) Product selection

You can add Products to your selection at any time by clicking on “Add to cart”. You can consult your selection by clicking on “My Wish List” in the top right-hand menu, where you will see: the photo(s) of the Product(s), its color(s) and reference(s), the quantity(ies) chosen, its/their unit price(s) and the subtotal of the selection.

5.1.b) Identification

After selecting the Product(s), click on “Proceed to checkout” to start the checkout process. A customer account is required to place an order on the Site: – If you already have a customer account, you will need to identify yourself at this stage by entering your password. – If you do not yet have an account, you will be invited to create one by confirming your e-mail address and creating a password later, and you will also have the option of continuing as a guest. Your usernames and passwords are strictly personal, and you therefore undertake to keep them securely and never to pass them on to third parties. In the event of loss, theft or any fraudulent use of your customer account, you agree to inform MARIMBA COUTURE immediately. Creating an account allows you to: – track your deliveries and consult your order history; – return or exchange Products; – add or modify your delivery and billing addresses for future orders. Unless the customer provides proof to the contrary, the data recorded by the Site constitutes proof of the nature, content and date of all transactions between MARIMBA COUTURE and its customers. In the event of a dispute between MARIMBA COUTURE and one of its customers concerning a transaction carried out on the Site, the data recorded by MARIMBA COUTURE is considered valid proof of the content of the transaction, unless the customer provides proof to the contrary. You can have your account deactivated at any time by sending an e-mail to Customer Service by clicking on the “Contact” link or by e-mail: contact@marimbacouture.com

5.2. Validation of orders placed on the Site

5.2.a) Validation of delivery terms

You will need to fill in the delivery information required for your order to be dispatched: country of dispatch, title, first name, surname, telephone number, delivery address, payment details and any other information required to process your order. Once this step is complete, click on “Order”.

5.2.b) Order payment confirmation

You can use your delivery address as your billing address, or enter a different one. At the end of the ordering process described above, and after having accepted the present General Terms and Conditions of Sale and Use and the Site’s Privacy Policy in their entirety, click on the “Order” button. While every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, notably due to the technical limitations of color rendering on your computer equipment. MARIMBA COUTURE cannot be held responsible for any errors or inaccuracies in the photographs or graphic representations of the Products shown on the Site. If you have any questions about the Products, please contact our Customer Service Department. For more information on payment methods (currencies, accepted payment methods, etc.), please refer to the section below entitled “6. Prices – Accepted payment methods”. Once completed, your order is sent to MARIMBA COUTURE for processing. The sales contract will be formed once we have received your order. We will proceed with the shipment of your Product subject to the availability of the purchased Product (as provided above) and the effective payment of the Product. MARIMBA COUTURE reserves the right not to accept an order from a customer with whom it is in dispute over a previous order, or if MARIMBA COUTURE reasonably believes that the customer has breached these Terms and Conditions or engaged in fraudulent activity, or for any other legitimate reason.

5.2.c) Order summary

A summary of your order will then be sent to you by e-mail (“My Marimba order”). This summary will show the total amount of the order, information concerning the cost and delivery time, the essential characteristics, quantity and price of the Products purchased. We recommend that you keep this summary in electronic form. You will then receive an e-mail confirming shipment of your order, with your electronic invoice attached. We make every effort to ensure that you receive our communications as quickly as possible. We advise you to check your “Spam” folder if you have not received the dispatch confirmation e-mail. Pursuant to Article L213-1 of the French Consumer Code, when an order is for an amount equal to or greater than 120 Euros, MARIMBA COUTURE retains the written record of the contract concluded between MARIMBA COUTURE and a customer by electronic means for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years thereafter (in accordance with Decree 2005-137 of February 16, 2005). You can then access this document at any time, on request to Customer Services after providing proof of your identity.

5.3. Bills

Your invoice will be sent by MARIMBA COUTURE in a shipment confirmation e-mail. We do our utmost to ensure that our communications reach you in good time. However, it is possible that some e-mails may be classified as spam. We therefore advise you to check your spam folder if you have not received your shipping confirmation e-mail. You can also download your electronic invoices in the “Your orders” section of your personal account. A customer account is automatically created for each order. To access your electronic invoices, you need to log in to your account. If you have never logged in before, you can click on the account confirmation email to create a password, or you can create a password directly on the site by clicking on “forgot password”. If you would like to receive a printed version of your invoice, please contact our Customer Service Department within one (1) month of dispatch of your order.

6. Prices – Accepted means of payment

6.1. Price

The prices of the Products are indicated in Euros, all taxes included. Except in the case of reimbursements (i) in connection with the exercise of the right of withdrawal or for the purpose of (ii) lack of conformity and hidden defects, MARIMBA COUTURE will not reimburse the VAT charged on purchases made on the Site (even in the event that the buyer, after receipt, reships the Products to a third country). Products are invoiced on the basis of the prices displayed on the Site at the time your order is placed, subject to availability. All orders are payable in Euros and must be paid at the time of placing your order. In the event of unavailability of certain Products ordered (see Article 4 “Product Availability”), only the price and shipping costs relating to the Products available will be charged.

6.2. Payment methods accepted – Payment by credit or debit card

The following credit and debit cards are accepted: Visa®, MasterCard®, American Express®, Carte Bleue®. Credit card payments are authenticated and secured by the 3D Secure system. This device is also known as “Verified by Visa®”, “MasterCard® SecureCode” or “American Express SafeKey®”. During payment, the bank requests personal information from the Internet user in order to verify the cardholder’s identity and validate the transaction. How do I pay with 3D Secure on Marimbacouture.com? Once you’ve validated your bank details (card number, expiry date and security code), a new page will appear on which you’ll be asked to enter the personal information requested by your bank. This information can be : – the answer to a personal question; – a password you’ve chosen beforehand; – a code sent by SMS, – your date of birth… Once the 3D Secure code has been entered and validated by your bank, your order is finalized. You will then receive a confirmation e-mail. Authentication is specific to each bank. If you have any questions about your 3D Secure code, please contact your bank directly. Your order can only be dispatched once we have verified your payment method and received authorization to debit your card. Your account will be debited when your Order is dispatched.

7. Reservation of ownership

The Products ordered remain the property of MARIMBA COUTURE until full payment has been received by MARIMBA COUTURE. On the other hand, you assume the risks (in particular of loss, theft or deterioration) associated with the Products delivered as from their delivery to the address indicated at the time of the order.