Applicable from 01/01/2025

These terms and conditions (T&Cs) govern all transactions conducted on the website marcosgarra.com. By placing an order, the customer (hereafter referred to as the “buyer“) confirms that they have read and understood these T&Cs, the legal notice, and the privacy policy. Validation of the order signifies full and unconditional acceptance of these T&Cs.

The website marcosgarra.com (https://www.marcosgarra.com/) is a service provided by the Marco Sgarra’s brand (referred to as the “seller“). Registered under number 978019891 in the RCS of Paris, the headquarters are situated at 9 rue des Colonnes, 75002 Paris. You can contact the customer service via telephone on +33 7 44 40 10 33 or email at support@marcosgarra.com. The intracommunity VAT number is FR96978019891.

ARTICLE 1 – INTRODUCTION
These T&Cs constitute the entire agreement between the seller and the buyer. By placing an order, the buyer acknowledges and accepts these T&Cs without reservation. 

These terms exclusively apply to online sales and exclude any other terms or conditions. The T&Cs are accessible on the website and shall take precedence over any other versions or contradictory documents.

The seller reserves the right to amend these T&Cs at any time, with changes taking effect as soon as they are published online. For any matters not covered in these T&Cs, the seller and buyer will refer to the current standards and practices in the distance selling sector in France.

ARTICLE 2 – PRE-CONTRACTUAL INFORMATION
Before confirming an order, the buyer acknowledges having received clear and detailed information, including but not limited to:

  • The essential characteristics of the products.
  • The total price of the products, including applicable taxes and any additional delivery or shipping costs.
  • The payment, delivery, and execution terms.
  • The seller’s identity, contact details, and address.

This information complies with Article L.221-5 of the French Consumer Code.

ARTICLE 3 – CREATING A CUSTOMER ACCOUNT
The buyer agrees to provide accurate information and not impersonate third parties. To create an account, the buyer must provide:

  • Full name.
  • Phone number.
  • Date of birth.
  • Email address.
  • Mailing address.
  • Password.

Once registered, the buyer can:

  • Access their personal information.
  • Track ongoing orders.
  • Review their order history and invoices.

The login credentials are strictly personal and confidential. The seller reserves the right to suspend an account if the buyer. 

ARTICLE 4 – PRODUCT INFORMATION
Products offered for sale are clearly described and presented with the utmost accuracy. However, in the event of errors or omissions in the descriptions or images, the seller cannot be held liable. Product photographs are not legally binding.

ARTICLE 5 – CUSTOMIZED PRODUCTS
The seller offers bespoke garments or artistic direction services. A consultation is required to finalize the design and receive a quotation. A 50% deposit is due upon quotation acceptance, and the remaining balance must be paid before delivery. Personalized items cannot be returned, refunded, or exchanged.

ARTICLE 6 – PLACING AN ORDER
To place an order:

  • Add products to the cart.
  • Proceed to checkout and accept the T&Cs.
  • Confirm the order by verifying the details and completing payment.

The buyer will receive an email confirmation once the order is validated. The seller reserves the right to suspend or cancel orders in case of issues such as payment refusal or incorrect delivery details.

ARTICLE 7 – PRICES
All prices are listed in euros and include VAT applicable on the date of the order. Delivery charges are calculated separately and specified during checkout. The seller reserves the right to adjust prices to reflect changes in VAT or additional taxes.

 ARTICLE 8 – PAYMENT
The buyer may choose from the payment methods provided on the website. Payment validation signifies the buyer’s agreement to pay the full amount. If payment is declined, the seller reserves the right to cancel the order. In case of fraudulent use of the credit card, the buyer is encouraged to immediately contact the seller at the following email: support@marcosgarra.com.

ARTICLE 9 – DELIVERY
The products will be delivered to the address specified by the buyer. The buyer is responsible for providing accurate delivery information. Upon receipt, the buyer must inspect the package and note any damages on the delivery slip. Returns must be requested within 14 days of receipt, and only products in their original condition will be accepted.

ARTICLE 10 – RETURNS AND REFUNDS
The buyer has 14 days from receipt to notify the seller of their intention to return products. Returns are only accepted for unused, undamaged products in their original packaging. To do so, an email must be sent to support@marcosgarra.com explicitly indicating the desire to return the package or certain products, along with the order number. Once contacted, the customer service will provide a return receipt to be printed and stamped on the package. In case of non-observance of the deadlines, marcosgarra.com will not be able to refund the buyer.

Refunds will be processed using the original payment method within 14 days of receiving the returned products. Shipping costs are non-refundable.

Note: Customized and personalized products are non-refundable.

ARTICLE 11 – FORCE MAJEURE
The seller is not liable for delays or failures caused by events beyond their control, including but not limited to natural disasters, strikes, or interruptions in transportation or telecommunications.

ARTICLE 12 – INTELLECTUAL PROPERTY
All content on the website is the exclusive property of the seller. Any unauthorized reproduction or use is strictly prohibited and may result in legal action.

ARTICLE 13 – GENERAL TERMS AND CONDITIONS FOR B2B TRANSACTIONS
By signing the quotation, the buyer agrees to these Terms, which comply with French law. A binding agreement is formed upon the buyer‘s signature on the quotation. The buyer agrees to pay:

  • 50% deposit of the total amount upon signing the quotation.
  • Remaining 50% balance prior to delivery of the product or service.

Failure to pay the balance before delivery will result in the suspension of delivery.

All prices are listed in euros and exclude VAT unless otherwise specified. VAT is applied in accordance with the prevailing rate in France. Prices are valid only during the period specified in the quotation. Delivery dates are indicative and depend on the seller’s operational capabilities. Delivery is deemed complete when products are handed over to the buyer or their representative. The risk of loss or damage passes to the buyer at delivery, regardless of whether the full payment has been made.

In compliance with Article L. 441-10 of the French Commercial Code:

  • Late payment penalty: Interest of 15% will be charged on overdue invoices.
  • Fixed recovery fee: €40 will be added for each overdue payment as stipulated in Article D. 441-5.

Any delay in payment may result in the suspension of ongoing or future orders.

Orders cannot be cancelled or modified without the seller’s written consent. If cancelled after the deposit has been paid, the seller may retain the deposit as compensation.

ARTICLE 14 – APPLICABLE LAW AND DISPUTES
These T&Cs are governed by French law. In case of a dispute, the buyer agrees to seek an amicable resolution before pursuing legal action. The competent court for any disputes is the jurisdiction of the seller’s registered office.