TERMS AND CONDITIONS OF SALE

 www.isabelmarant.com

Valid from 28/05/2024

The present general terms and conditions of sale (hereinafter, "GTC") govern the conditions applicable to the online sale of any product labeled "ISABEL MARANT," "MARANT," or "MARANT ETOILE" (hereinafter, the "Products") on the official website "www.isabelmarant.com" (hereinafter, the "Website") of the Isabel Marant brand.

The online sale of Products on the Website is conducted in accordance with the present GTC by IM PRODUCTION, a simplified corporation (French SAS) with a share capital of 550,000 euros, registered with the Paris Trade and Companies Register (RCS) under the number 403 24 30 58, and headquartered at 50 rue Croix des Petits Champs, 75001 Paris, France (hereinafter the "Seller ").

The present GTC may be modified at any time in accordance with changes to the Website and/or regulations. In the event of a modification, the GTC in force at the time of your order will apply.

Valid from April 18th 2024

1. COMMERCIAL POLICY OF THE SELLER
2. ORDER
3. DESCRIPTION AND PRICES OF PRODUCTS
4. PAYMENT
5. SHIPPING AND DELIVERY OF PRODUCTS
6. RIGHT OF WITHDRAWAL
7. TERMS AND CONDITIONS OF REFUNDS
8. WARRANTIES
9. PERSONAL DATA
10. FORCE MAJEURE
11. EXCLUSION OF WARRANTY AND LIMITATION OF LIABILITY
12. PRODUCER RESPONSIBILITY ORGANIZATIONS
13. MISCELLANEOUS PROVISIONS
14. APPLICABLE LAW AND DISPUTE RESOLUTION

1.1
The Seller makes the Products available for sale on the Website, conducting its online sales activity exclusively for customers who purchase the Products via the Website as non-professional "consumers" (hereinafter, "Buyers" or an individual "Buyer"), i.e., any natural person acting on their own personal behalf and not in the context of their commercial, industrial, or business activity, thus excluding any reseller or any intermediary acting in the name and on behalf of a reseller.

1.2
The online sales service offered by the Seller on the Website may only be accessed by Buyers who have reached the age of majority and who have the legal capacity to purchase Products according to the terms of the present GTC.

1.3
The Seller reserves the right to refuse to process: (i) any order placed by a minor or other natural person who does not meet the requirements of a Buyer, (ii) any order that does not comply with the terms and conditions of the present GTC, (iii) any abnormal order in terms of the number of ordered Products (e.g., an order for five (5) or more of the same Product of the same color), or (iv) any order reported or suspected to be fraudulent, illegal, or unauthorized, including orders that appear to be placed for commercial or non-personal purposes.

1.4
The online sale of Products by the Seller to the Buyer via the Website is governed exclusively by the present GTC.

1.5
Before placing an order for Products on the Website, the Buyer will be asked, among other things, to accept (i) the present GTC, (ii) the legal notices and general terms of use of the Website (hereinafter, the "Legal Notices"), and (iii) the privacy policy (hereinafter, the "Privacy Policy") without any reservations whatsoever. All these documents are available and can be consulted by the Buyer by clicking on the respective tabs on the Website under the heading "Legal Area." The Buyer is therefore invited to read these documents carefully before placing an order. If the Buyer does not agree with or accept even one of the provisions in these documents, they will not be authorized to place an order on the Website. 

2.1
To order a Product on the Website, the Buyer must complete the online order form by following the instructions provided:

- Click on the Product, select the size, and click on "Add to cart";

- Click on "View my cart" to modify the quantities and Products, or to return to the Product pages;

- Check out by clicking on "Order";

- Enter your email address to continue with the order;

- Log in to your customer account by entering your password, or continue without registering by clicking on "Continue as guest";

- Enter your delivery and billing address; choose your delivery method;

- Choose the method of payment.

Buyers are not required to create a customer account to place an order on the Website, but a customer account makes it possible to: (i) enter personal information to facilitate future purchases, (ii) consult, modify, and update personal information, (iii) identify yourself before placing an order, (iv) track current orders, and (v) consult order histories and invoices from previous orders.

If Buyers order as a guest, they will be able to track their order via the "Track my order" link received by email.

2.2
As per Article L.221-5 of the French Consumer Code, before finalizing an order, the Buyer will be provided with a summary containing the following information: (i) the essential characteristics and the unit price of each of the Products ordered, (ii) the total price of the order (including applicable taxes), (iii) the methods of payment that may be used to purchase the Products, (iv) the delivery terms for the ordered Products, (v) the shipping and delivery costs (including any additional costs that the Buyer may be required to pay if they have opted for a specific shipping or delivery method that is different and/or faster than the one designated as "standard" by the Seller), (vi) the address and contact details of the Seller and its after-sales service, and (vii) the average delivery time for the Products ordered.

2.3
A submitted order constitutes a firm offer on the part of the Buyer to purchase the Products selected from the Seller, subject to the present GTC and without prejudice to the Buyer's right of withdrawal outlined in Article 6 below.

By placing an order, the Buyer is obligated to pay the full price of the Products ordered. Before submitting an order, the Buyer is invited to check and correct any data entry errors to ensure the order is properly processed by the Seller.

2.4
Any order placed by the Buyer may be refused by the Seller. Upon verification, the Seller reserves the right to refuse all or part of an order, and shall not be held liable for any such refusals. By way of example, and without the following list being exhaustive, an order may be refused for a legitimate reason, in whole or in part, by the Seller, if (i) an ordered Product is no longer available, (ii) the payment fails, (iii) the personal data provided by the Buyer and required to process the order proves to be incorrect, (iv) the Buyer did not meet their obligations during a previous sales contract concluded with the Seller, and/or (iv) there is an obvious error on the product page (e.g., in the displayed price or the essential characteristics of the Product).

If an order is refused, the Seller will inform the Buyer by email, and if necessary, refund any sums already paid.

The Seller also reserves the right to refuse to process orders in the cases described in Article 1.3 above.

2.5
The Seller shall not accept any orders with a delivery address in a country to which the Seller does not deliver (the full list of eligible countries can be found on the homepage of the Website).

2.6
The sales contract between the Buyer and the Seller will only be considered concluded once the Buyer has received the order confirmation email (hereinafter, the "Order Confirmation") from the Seller.

The Order Confirmation will contain the order number, the essential information about the purchased Products, the price, and the selected delivery method.

2.7
On each product page on the Website, the Buyer can also check whether the item is available in an Isabel Marant store  by clicking on the "Check availability" button. The Buyer may contact the respective Isabel Marant store to make sure the item or items are still available.  Any Products purchased in a store are subject to the conditions of sale of the respective store.

3.1
The Seller guarantees that the Products sold on the Website are authentic.

3.2
The essential characteristics of each Product are presented on the respective product page on the Website.

3.3
The prices of the Products are displayed on the Website and include all taxes. The shipping costs (if applicable) will be added to the price of the ordered Products and displayed to the Buyer during the order summary before the finalization of the order.

3.4
The Seller reserves the right to modify the prices of Products at any time and without prior notice, it being understood that any modification will not apply to orders for which an Order Confirmation has already been sent and which are still being processed at the time of the price update.

4.1
Buyers pay for their orders online using the available payment methods for their country of delivery.

4.2
In the event of payment by credit/debit card, all information (e.g., credit/debit card number or expiration date) will be transferred via an encrypted protocol to the payment service provider(s) providing the remote electronic payment services, which the Seller, under no circumstances, can access. This information is used solely for procedures related to the processing and payment of the order, to issue refunds in the event that Products are returned (right of withdrawal) by the Buyer, or in the case of fraud on the Website which must be reported to the competent authorities..

4.3
The amount of the order will only be charged once the Seller has sent the Order Confirmation to the Buyer. If, for any reason whatsoever, the payment fails, the Seller will cancel the order without being held liable for such a cancellation. In such an event, the Seller will immediately inform the Buyer by email.

4.4
Any charges applied by the credit card provider, bank, or other payment institution in connection with the processing of the payment of the order are the sole responsibility of the Buyer.

5.1
Once the order has been prepared by the Seller, it is shipped to the postal address provided by the Buyer when placing the order, as per the delivery method selected by the Buyer. Delivery methods and shipping prices vary according to the country of delivery, and are communicated to the Buyer prior to placing an order.

Once the order has been shipped, the Buyer will receive an email containing a tracking number. Buyers can also track the progress of their order in their customer account on the "My order" page.

5.2
Ownership of the Products, as well as the risk of loss, damage, and destruction inherent therein, is transferred to the Buyer at the time the order is delivered to the delivery address. Upon receipt of the order, the Buyer agrees to perform all the necessary checks and controls. In the event that a package is damaged or a Product is missing, the Buyer must note such anomalies on the delivery slip presented by the carrier and immediately contact the Seller's Customer Service, providing proof of said anomalies. The incident will subsequently be investigated. In the event that the Buyer fails to note the anomalies on the delivery slip and provide proof via appropriate documents (e.g., photos), the Seller reserves the right to reject the Buyer's claim.

6.1
As per Article L.221-18 of the French Consumer Code, the Buyer benefits from a right of withdrawal.

The Buyer may, for any reason whatsoever and without having to justify said reason, exercise said right of withdrawal up to fifteen (15) days from the date of receipt of the respective Product(s) purchased by the Buyer. If the Buyer's order contains several Products that are delivered separately, the right of withdrawal begins on the date of receipt, if applicable, of the last package received, as defined in the Order Confirmation.

Buyers must inform the Seller within the above-mentioned period of their wish to exercise their right of withdrawal. To exercise their right of withdrawal, Buyers must use the form found in the "Return form" tab in the Customer Service section on the Website.

Special extension of the right of withdrawal:

For all purchases made between 1 and 30 November 2024, the right of withdrawal established in Article 6 of the Terms of Sale has been extended to sixty (60) days on a limited basis. For any purchase made during this period, the Buyer therefore has a period of sixty (60) days from receipt of the Products to notify the Seller of their wish to withdraw.

Once the Buyer has exercised their right of withdrawal, in accordance with the procedure specified in the Terms of Sale, they will have a period of fifteen (15) days from notification of withdrawal to return the Products in question.

6.2
As per Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to personalized Products on the Website.

6.3
The Seller will only accept a Buyer's request to exercise the right of withdrawal if the following strict conditions are met: (i) the returned Products have not been worn, soiled, washed, and/or damaged in any way, (ii) the hang tags are still attached to the Products in their original position, and  (iii) the Products are returned in their original, undamaged packaging. For shoes, the sole and the protective film (if applicable) must also be intact: as such, it is strongly recommended that Buyers try on their ordered shoes on a carpet or rug.

6.4
Once the Buyer has notified the Seller of their intention to exercise their right of withdrawal, they will then have fifteen (15) days to return their Products:

- Returns with a carrier designated by the Seller: Once the Buyer has informed the Seller of their wish to exercise their right of withdrawal in accordance with the procedure described in Article 6.1 hereof, they will be contacted by email by the carrier selected by the Seller (depending on the options available in the Buyer's country) with information on how to return their order. If the Buyer uses the carrier designated by the Seller, they will receive a prepaid return label from the Seller and will therefore not be required to pay return shipping costs. The Buyer shall hand the package over to the carrier in accordance with the provided instructions, and will not be held liable in the event of loss or damage to the Products during the subsequent transport.

- Returns with other carriers: If the Buyer decides to return the Product(s) with a different carrier than the carrier designated by the Seller, they will be required to pay the return costs. In this case, the original shipping costs that were paid for the Product(s) will be refunded, but as per Article L.221-24 of the French Consumer Code, the additional costs incurred by the Buyer to return the Product(s) with a different carrier than the carrier designated by the Seller will not be refunded. Moreover, in the event of loss or damage to the Products during transport, the Seller shall not be held responsible.

7.1
Once the Seller has received the Product(s) and checked to make sure that all the return conditions described in Article 6 have been met, the Buyer will receive an email confirming that the return has been approved and that the Seller will issue a refund for the purchase price of the Product(s). If the Buyer returns all the Products from a single order, they will receive a refund for the full amount of said order, i.e., the purchase price of the Products and the original delivery costs. On the other hand, if the Buyer only returns part of their order, they will only receive a refund for the purchase price of the Products that are returned, and not for the original delivery costs.

Regardless of the method of payment used for the order, the Seller will issue the refund as soon as possible, and in any event no more than fourteen (14) days after the Seller has received either the returned Products themselves or proof from the Buyer that the Products are on their way back to the Seller.

7.2
The Seller will refund the Buyer via the payment method used to purchase the returned Products. In the event that the right of withdrawal is exercised by a recipient (as provided in the order form) whose order was paid for by another person, the Seller will refund the Products via the method of payment used by the person who paid for the order.

7.3
The amount of time before a refund appears can vary depending on the method of payment used by the Buyer.

• Purchases by credit/debit card : Refunds depend on the company that issued the card, but usually appear within two billing cycles. The value date of the credit is the same as that of the original debit.

• Payments by PayPal: Refunds are credited to the Buyer's PayPal account and visible immediately. The refund to the credit card associated with the Buyer's PayPal account depends on the company that issued the card.

8.1
Buyers are responsible for making sure the delivered Products correspond to the Products in their order. In addition to the right of withdrawal, the Products are subject to the warranty conditions provided by law.

8.2
All Products sold by the Seller benefit from the legal guarantee of conformity stipulated in Articles L.217-4 et seq. of the French Consumer Code, and the warranty relating to hidden defects outlined in the provisions of Articles 1641 et seq. of the French Civil Code.

The legal guarantee of conformity applies when a Product presents a defect of conformity, e.g., does not function in accordance with its usual uses or does not correspond to its description.

The warranty relating to hidden defects covers Buyers when a Product presents a hidden defect, i.e., a defect that is not apparent at the time of purchase which renders the Product unsuitable for its intended use, or which significantly limits said use.

The legal guarantee of conformity and the warranty relating to hidden defects shall not apply in the event that the Buyer misuses the Products or fails to comply with the Product maintenance instructions indicated on the Product labels.

When it comes to the legal warranty of conformity, the Buyer:

• must file a claim within two (2) years of the date of delivery of the Product;

• may choose between repairing or replacing the Product, subject to the cost-related conditions stipulated in Article L. 211-9 of the French Consumer Code;

• is not required to prove the Product's lack of conformity during the twenty-four (24) months following the delivery of the Product, except in the case of second-hand Products, for which this period is six (6) months.

As per Article 1641 of the French Civil Code, the Buyer may also decide to file a warranty claim for hidden defects. In this case, the Buyer may choose between the rescission of the sale or a reduction in the purchase price, in accordance with Article 1644 of the French Civil Code.

The Buyer must contact the Seller's Customer Service to arrange for the return of any damaged, defective, or incorrect Products.

All information relating to the processing of the Buyer's personal data can be found in the Privacy Policy on the Website.

In the event of any force majeure as defined by Article 1218 of the French Civil Code, the obligations contained in the present GTC that are affected by said force majeure shall be suspended, while the party affected by the force majeure shall not be held liable for its inability to perform said obligations. The affected party must inform the other party of any such event within fifteen (15) days of its occurrence.

The present GTC outline all the obligations and responsibilities of the Seller with regard to the online sale of Products via the Website.

The Seller cannot guarantee that the Products are adapted for the intentional uses of Buyers, who alone must determine whether the Products are suitable for their needs.

The Seller shall not be held liable for any use of the Products that does not comply with their intended purpose.

The Seller shall take the utmost care to ensure that the information and descriptions relating to the Products are accurate and updated regularly. However, the Seller cannot be held responsible for any minor errors that may occur. Similarly, the images of the Products offered for sale on the Website cannot be considered binding as they may differ from the actual Products (e.g., in terms of the color, fabric, or texture) for reasons which cannot be attributed to the Seller, and which may be due, among other things, to the Internet browser and/or the equipment used by the Buyer.

The Seller shall not be held responsible for:

- operational interruptions or delays in the Website or Customer Service due to maintenance work, technical breakdowns, force majeure, or any other circumstances beyond its control;

- the temporary inability of Buyers to access the Website or Customer Service due to events beyond its control, such as computer breakdowns, interruptions in the telephone or Internet network, malfunctioning Wi-Fi equipment, etc.

The Seller shall not be held responsible for (i) any loss or alteration of, or unauthorized access to, the personal data of the Buyer, or (ii) any accidental transmission, viruses, or other harmful elements resulting from emails or access to the Internet.

In any event, the liability of the Seller shall be limited to direct damages only.

The Seller is registered with the registry of producer responsibility organizations in France, and is up to date on its environmental "contributions" (similar to taxes) bearing the following unique identifiers:

• FR258575_0VDWB, issued by ADEME and communicated by CITEO, whose objective is to facilitate the monitoring and control of compliance with EPR (Extended Producer Responsibility) obligations for packaging;

• FR218792_1100GW, issued by ADEME and communicated by Re_fashion, whose objective is to facilitate the monitoring and control of compliance with EPR (Extended Producer Responsibility) obligations for textiles, footwear, and household linen.

13.1
The present GTC do not govern the provision of services or the sale of products by third-party companies that are separate from the Seller and may be present on the Website by way of hyperlinks or banners. Before purchasing products or services of any kind from such third-party companies, Buyers are advised to carefully review the general terms and conditions of sale of said products and services. In no event shall the Seller be held liable for the provision of services and/or the execution of electronic transactions between users of the Website and third parties.

13.2
Each provision of the present GTC is to be considered separately and independently of the others. In the event, for any reason whatsoever, that a provision of the present GTC is deemed void, invalid, or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.

13.3
If the Seller fails to enforce a provision of the present GTC at a certain time, this shall in no way be construed as a waiver of its right to invoke said provision at a later time.

14.1
The present GTC are governed by French law.

14.2
In the event of a dispute, and prior to any recourse to a mediator, the Buyer must contact the Seller by regular mail or by sending an email to the Customer Service to attempt to resolve the dispute amicably.

If the dispute cannot be settled amicably, the Buyer may refer the matter to the CMAP (Centre de Médiation et d'Arbitrage de Paris) free of charge for mediation:

- via the following form: cmap.fr/homepage-consumers/?lang=en

- or by regular mail: CMAP - Service Médiation de la Consommation, 39 avenue Franklin Roosevelt, 75008 Paris, France.

Any request for mediation must include the subject of the dispute and any related documents so the request can be processed as quickly as possible.

14.3
The European Commission also offers a platform for out-of-court dispute resolution, which can be accessed on the following website: http://ec.europa.eu/odr.

14.4
Any difficulty or dispute regarding orders and/or the present GTC that cannot be settled by mediation will fall under the exclusive jurisdiction of the French courts.