Terms and conditions
1. Field of application
These general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions”) govern relations between PIERRE MARIE STUDIO, a simplified joint stock company with capital of 10,000 euros, registered in the Paris Trade and Companies Register under number 799 872 619, whose registered office is at 21 rue Victor Massé, 75009 Paris, France, and any consumer within the meaning of the law and case law, wishing to make a purchase exclusively on his or her behalf via the PIERRE MARIE STUDIO online sales site (hereinafter referred to as “the Customer”) accessible from the following url: https://www.pierremariestudio.com/fr/shop/ (hereinafter referred to as “the Site”).
2. Acceptance and opposability
The Customer who validates his order on the Site by clicking on the words “place the order” accepts without restriction or reserve the present General Conditions of Sale which apply until expiry of the legal guarantees from which he benefits.
PIERRE MARIE STUDIO reserves the right to modify the General Terms and Conditions at any time. The General Terms and Conditions applicable are those in force on the Site on the day the order is validated.
No other provision, clause or condition emanating from the Customer shall prevail over the General Conditions.
Section 3 - Products
The Site offers products for sale (hereinafter “the Products”) on the Site in the form of a description of their main characteristics (name, quality, composition, capacity). The images are as accurate as possible, but are not contractually binding on PIERRE MARIE STUDIO.
The proposal is made within the limits of available stocks.
Under no circumstances may the Products presented on the Site be the subject of a request for modification of their composition or presentation.
In the event of a stock shortage, PIERRE MARIE STUDIO reserves the right to interrupt the online sale of one or more Products, which will then be reimbursed by crediting the card used for payment.
Section 4 - Prices and delivery costs
The prices of the Products are indicated on the Site and are in euros, including packaging and preparation costs and all taxes, excluding delivery costs and any customs duties payable by the Customer.
Value-added tax of 20% applies, depending on the Products, to orders to Metropolitan France and Overseas, Corsica and European Union countries.
PIERRE MARIE STUDIO reserves the right to modify prices at any time. Nevertheless, the price indicated on the Site at the time of order confirmation by PIERRE MARIE STUDIO is the price applicable to the Customer.
The price of delivery (transport and customs charges for export) depends on the particulars of the order (weight, geographical zone, delivery method in particular) and is communicated to the Customer on the Site during the order process, before validation. It must be paid before delivery.
It is the Customer’s responsibility to find out about customs duties, taxes and local regulations relating to the circulation and import of Products destined for their country. If customs duties, taxes or import duties are payable, they are to be borne by the Customer and are the Customer’s sole responsibilitý, as well as any associated formalities.
In the event of a payment incident after delivery, PIERRE MARIE STUDIO will be entitled to reclaim the Products, the transfer of ownership of the Products being made only subject to their full payment.
Section 5 - Order
Ordering by the Customer on the Site
The Customer places an order on the Site to purchase one or more items. The Products are entered in the shopping basket with their quantity and price including VAT (hereinafter referred to as the ” Cart “).
The Customer identifies him/herself on the Site and provides all the information and details concerning the person invoiced and the recipient (name, full address, floor, door code, telephone number, etc.) required to process the order and make the delivery. Orders indicating a P.O. Box delivery address will not be accepted.
The Shopping Cart, including delivery charges, is checked and validated by the Customer by clicking on the words “place order”.
The customer pays online by credit card: Carte Bleue, Visa, Mastercard. The SSL security protocol guarantees the confidentiality of personal information transmitted over the Internet.
The currency used for the transaction is the euro. The amount debited from the credit card used will depend on the exchange rate of the euro on the day of the debit, and on any exchange charges levied by the card-issuing bank, which are payable by the customer.
The order will not be processed until PIERRE MARIE STUDIO has received payment in full.
Product availability
Once the order has been paid for, the Customer receives an initial e-mail confirming acceptance of the order by PIERRE MARIE STUDIO, or indicating the unavailability of the Product(s) ordered.
Products are produced by craftsmen in limited quantities, and unavailability not indicated on the site is always possible. In this case, the Customer will be informed by e-mail. Any amount paid will be reimbursed within a maximum of 8 working days by crediting the card used for payment.
Order preparation
Upon confirmation of availability by PIERRE MARIE STUDIO, the latter prepares and dispatches the order of Products according to the agreed delivery method.
A second e-mail is sent to the Customer to confirm dispatch of the order. In the case of delivery by a courier, the Customer receives an SMS for tracking purposes.
A detailed invoice for the order, made out in the Customer’s name, is attached to the confirmation e-mail.
All orders confirmed by PIERRE MARIE STUDIO are binding and may not be cancelled by either party, except in the cases set out below, i.e. in the event of product unavailability, if the Customer is entitled to exercise his/her right of retraction, or in the event of force majeure.
The data recorded in PIERRE MARIE STUDIO’s computer system constitutes proof of all transactions concluded with the Customer.
Section 6 - Livraison
Delivery information
PIERRE MARIE STUDIO delivers to all geographic zones, except for special conditions that may affect the Product and/or its delivery.
PIERRE MARIE STUDIO cannot be held responsible for late delivery or loss of the Product in the event of incomplete or erroneous information provided by the Customer at the time of ordering.
Delivery methods
Deliveries are made to the delivery address designated by the Customer by carrier.
Shipping and delivery times
Delivery times are mentioned with the order confirmation, subject to carrier constraints. For international shipments, delivery times depend on the destination country.
During peak periods, delivery times may be extended depending on product availability.
Section 7 - Warranties and claims
Defects known to the customer and commercial guarantee
The recipient is responsible for checking that the package is in good condition and conforms to the order immediately upon receipt.
Any apparent anomaly, likely to be linked to transport conditions or visibly defective conformity (missing or broken item, damaged parcel, etc.) must be the subject of precise reservations on the delivery note if it exists, and notified to PIERRE MARIE STUDIO as soon as possible.
If PIERRE MARIE STUDIO is responsible for the anomaly notified within the above timeframe, it will exchange the Product(s) at its own expense.
Defects of which the Customer is unaware – legal warranty for conformity and hidden defects in Products
The Customer benefits from the legal warranty of conformity mentioned in articles L. 211-4 to L. 211-13 of the French Consumer Code, and from the warranty for defects in the item sold under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code, which can be consulted free of charge on the website www.legifrance.gouv.fr.
When the Customer acts under the legal warranty of conformity, he may choose between the treatment of the non-conformity or the replacement of the Product, subject to the cost conditions stipulated by the French Consumer Code. In the event of a legal warranty for latent defects, the Customer may choose between rescinding the sale or reducing the price.
Exercising guarantees
The Buyer may exercise these warranties by sending a complaint within the above-mentioned time limits by e-mail to shop@pierremariestudio.com, and then by returning the package in its original packaging or any other sufficiently protective packaging by post to : PIERRE MARIE STUDIO 21 rue Victor Massé 75019 Paris, with proof of purchase.
PIERRE MARIE STUDIO does not guarantee:
1/ damage (delay, non-delivery) due to incomplete or erroneous information given by the Customer,
2/ damage caused by the carrier,
3/ damage caused by inappropriate use of the Products by the Customer, or resulting from a cause unrelated to the intrinsic qualities of the Products.
Section 8 - Right of withdrawal
The Customer benefits from a right of withdrawal which must be exercised under the following conditions:
The Customer has a period of fourteen (14) working days from the day following receipt of the Products to exercise his right of withdrawal, without having to give any reason for his decision.
He/she must notify his/her decision using the retraction form below or any other unambiguous statement, accompanied by proof of purchase by e-mail to shop@pierremariestudio.com or by post to: PIERRE MARIE STUDIO, 21 rue Victor Massé 75009 Paris.
The Customer shall return the Products to PIERRE MARIE STUDIO at the address specified in the above paragraph, at the Customer’s expense, in conditions likely to preserve their integrity, in their original, undamaged packaging, without undue delay and no later than fourteen (14) days following notification of the Customer’s decision to withdraw, by courier service or by parcel tracked by the French Post Office. The Customer may be held liable for any unnecessary handling of the returned Product which may result in its deterioration.
The sums already paid will be reimbursed within a new period of fourteen (14) days from receipt of the decision to retract by PIERRE MARIE STUDIO by the same means of payment as that used for the order. Return shipping costs are at the Customer’s expense.
Withdrawal form
Please complete and return this form
only if you wish to withdraw from the contract
For the attention of PIERRE MARIE STUDIO, 19 rue Victor Massé 75009 Paris shop@pierremariestudio.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
The right of withdrawal does not apply to purchases delivered outside the EU and to personalized orders.
Section 9 - Resale ban
The Customer agrees not to resell the Products, which are intended exclusively for the Customer’s use or that of the recipient of the order.
Section 10 - Intellectual property
All Products, illustrations, graphics, logos and texts appearing on the Products and their packaging, and all elements of the Site or associated social networks are and remain the exclusive intellectual property of PIERRE MARIE STUDIO. It is forbidden to reproduce, exploit, or use for any purpose whatsoever, even partially, these elements.
The sale of Products does not imply any license or authorization to reproduce the image of the Products.
The PIERRE MARIE brand is a registered trademark.
Section 11 - Protection of personal data
The Customer accepts that personal data concerning him/her may be processed in connection with the use of the Site and/or orders that may be supplied via the Site.
The use of personal data is carried out under the responsibility of PIERRE MARIE STUDIO in strict compliance with legal and regulatory requirements concerning the security and confidentiality of such data.
Data collected by PIERRE MARIE STUDIO is collected and processed on the following legal bases:
as part of the formation and execution of a contract, in particular for order management, payment, delivery and follow-up,
in the legitimate interest of providing after-sales service,
on the basis of the customer’s consent, to send commercial proposals,
to ensure compliance with PIERRE MARIE STUDIO’s legal and regulatory obligations.
Certain information is mandatory and necessary to process the order. Failure to reply to a mandatory field may compromise the proper processing of the order.
PIERRE MARIE STUDIO collects and processes the following personal data:
identification data (e.g. surname, first name, e-mail address, postal address, telephone number, age)
payment and billing data (e.g. means of payment and associated transaction data, payment history, invoices);
commercial data (e.g.: data required for loyalty-building, canvassing, satisfaction surveys, statistical and promotional activities, promotional operations)
indirectly, connection and browsing data (e.g. IP address).
Data may be transmitted to companies that contribute to relations with the Customer, such as those responsible for fulfilling or transporting orders.
Customer data is kept for a period that complies with legal provisions or is proportional to the purposes for which it was collected. It may also be kept for a longer period for security purposes, in order to comply with legal obligations.
In accordance with Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and the amended French Data Protection Act of January 6, 1978, the Customer has, in particular, a right of access, rectification, deletion, opposition, limitation and portability of the processing of personal data concerning him.
For any questions relating to data protection, or to exercise these rights, the Customer may send an e-mail directly to the following address shop@pierremariestudio.com or by post to PIERRE MARIE STUDIO’s postal address, accompanied by proof of identity.
Section 12 - Force majeure, third-party events and health conditions
Neither PIERRE MARIE STUDIO nor the Customer may be held liable in the event of total or partial non-performance of any of its obligations, in the event of force majeure as defined in article 1218 of the French Civil Code.
If the impediment due to force majeure is temporary, performance of the obligation is suspended, unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated under the conditions set out in articles 1351 and 1351-1 of the French Civil Code. If the order has not been dispatched to the customer, it will be reimbursed at the customer’s request.
Any imperative administrative decision resulting from the Covid-19 epidemic is considered a case of force majeure.
Section 13 - Independence of clauses, applicable law
If any provision of the General Terms and Conditions is declared inapplicable or is invalidated, such invalidity shall not affect the application or validity of the other provisions, the invalidated or inapplicable provision being replaced by the closest possible provision.
The General Terms and Conditions are governed exclusively by French law. Any dispute shall be brought before the competent French courts.
Section 14 - Claims and Mediation
For any difficulty relating to the online sale of Products, the Customer is invited to first contact PIERRE MARIE STUDIO by e-mail at the following address: shop@pierremariestudio.com.
Following a prior unsuccessful attempt to resolve the complaint with PIERRE MARIE STUDIO, the Customer may have recourse to a mediation procedure by contacting the e-commerce mediator of the Fédération E-commerce et Vente à Distance (FEVAD) (https://www.mediateurfevad.fr/ ), by e-mail mediateurduecommerce@fevad.com or by post: Service du Médiateur du E-commerce de la FEVAD, 60 rue la Boétie, 75008 Paris, France.
Date of update of the terms and conditions: May 2nd, 2024.