The objective of the following translation of the French terms of sales is to facilitate understanding. This translation has no legal value.
The following terms aim at defining the rights and obligations of:
the company Marie-Noëlle,
2 rue de la Miséricorde,
14 000 Caen FRANCE,
The publisher of the website dansmaculotte.com (hereinafter "the Website")
Hereafter known as "Marie-Noëlle"
On one hand
Any natural or legal person making a purchase through the Website
Hereafter known as "Client"
On the other hand
Any natural or legal person browsing the Website without placing an order through the Website hereafter known as "User". The following terms aim at defining the conditions of distance selling between Marie-Noëlle and the Client, from the Order to the Payment and to the Delivery as well as with the User. These terms cover all the steps required to place an order and the monitoring of the order between the contracting parties. These goods (hereafter known as "the Product(s)) according to these terms of sales, are in compliance with the French legislation in force and with the applicable standards in France. On the website, Marie-Noëlle allows the Client to Order online goods for personal hygiene under the brand names Dans Ma Culotte® and Absorbette®. These two brands are the property of the company Marie-Noëlle. Moreover, menstrual cups are offered for sale under the brand name Fleurcup®.
The retail website dansmaculotte.com is entirely operated by the company Marie-Noëlle. The terms of sales detailed below apply to each order placed with the company Marie-Noëlle and to all goods and services offered on the Website. They are accessible permanently on the Website. Marie-Noëlle reserves the right to adapt or modify these terms of sales at any time. If changes occur, the terms of sales applicable are the ones in force on the date when the order is placed by the User. Consequently, placing an order involves irrevocable adhesion without reservation, to these conditions. Once finalised, your order is an acceptance of the offer, and in particular the acceptance of the price offered and the products designated. As a consequence, when you confirm your order, you agree to be bound to the company by a sales contract, subject to the availability of the products and the payment validation in accordance with the articles from the Order section.
Duration of the contract
The terms of sales are concluded for the time necessary for the supply of the Products, until the extinction of guarantees.
The products are offered for sale within the limits of available stocks. If a Product is not available, Marie-Noëlle cannot be held responsible, and damages cannot be obtained by the Client. However, Marie-Noëlle is committed to inform the Client as quickly as possible and offer him / her a similar product or a repayment. If the Client selects the repayment, Marie-Noëlle will do its best to repay the Client within 30 days from the date Marie-Noëlle informs the Client of the unavailability of the Product. Marie-Noëlle will ship every other product available of the Order. The quote "This product is not available" means that the Product is being restocked. If you need further information on the deadlines, do not hesitate to contact us by completing our Contact form. Orders are shipped when they are complete. Therefore, if an order contains available Products but also Products that are being restocked, the order will be shipped only when all the Products are available. In this case, we advise the Client to place two distinct orders: one incorporating available Products and another one incorporating Products that are being restocked.
Each order placed with Marie-Noëlle are for the personal use of the Clients. Clients or the recipients of the Products are not allowed to resell partially or globally the Products. Dans ma Culotte® Products and Absorbette® Products are made in France according to the medical device production process regulated by ISO13485. The ISO13485 is the international standard for the design engineers and manufacturers of medical devices. It stipulates the requirements of the companies' quality system that should demonstrate their ability to provide medical devices in accordance with the applicable regulations and with patients and caregivers needs. Marie-Noëlle reserves the right to modify the range of Products offered for sale on the Website at any time and without preliminary notice. The photographs illustrating the Products are a reproduction as accurate as possible but they does not have a contractual value. The attention of the Client is drawn to the fact that colours that are showed on the Products' photos may not be the exact same ones compared to real colours. Therefore the Client is advised to consult the description of each Product in order to have knowledge of the main features. The directions for use and maintenance are regularly updated on the Website and they prevail over paper documents sent to the Client and that cannot be updated as soon as the documents the Client can find on the Website. Marie-Noëlle takes great care in the preparation and the description of its Products in order to provide the best information to the Client. However, unsubstantial errors or omissions may appear in this presentation. In this case, Marie-Noëlle cannot be held responsible. If you notice any error or omission, please contact us by completing our contact form so that we can make the necessary changes.
The price of the Products indicated on the Website dansmaculotte.com are in Euros and include the VAT (Value-added Tax) at the legal and current rate. Except as otherwise stipulated provided in these terms of sale, delivery charges, the Order's cost of processing and the cost of packaging are always the responsibility of the Client.
The price of the goods can be modified by Marie-Noëlle at any time. The price indicated on the Website is the only one that is valid between the parties. The prices are only valid at the date the Order is placed.
Marie-Noëlle cannot be held responsible of an obvious typographical error. If such a mistake should occur, Marie-Noëlle would inform the Client as quickly as possible. The Order would be invoiced with adjusted conditions. If the adjusted conditions are turned down, the Client can cancel his/her Order without penalty.
The total price of the Order (including all taxes and delivery charges, the Order's cost of processing and the cost of packaging included) is indicated in the cart when the online purchase on the Website is being finalised.
When personal data concerning the Client are stored, the Client must make sure the data he/she provides are correct and exhaustive: Surname, First name, address, phone number, e-mail address, the type of the payment card, the number of the card, the expiry date and the cryptogram written on the card. The Client placed an Order by following this procedure: He/She selects a product and click on "Add to cart", (this way, it will be added to the cart). At this stage, the Client can continue his/her shopping or finalise his/her order. The Client ends his/her order by clicking on "Cart" and then on "Order".
If the Client has a customer account and is logged in it, he/she will be able to directly go on to the step regarding the choice of invoicing and delivering address. Otherwise, a login page will offer him/her to login to his/her account if he/she owns on or create one.
Once this step has been reached, he/she will have to inform his invoicing and delivering addresses. These two addresses can be similar or different.
The next step matches with the choice of delivery: according to the order, the Client may receive a "Lettre suivie" or a "Colissimo", and can choose to be delivered at home with or without a signature.
The last page of the ordering process indicates the payment options available. He/She will be able to choose to pay his/her order by credit card, by using or not the secured payment platform Paypal, by bank transfer or by cheque.
The validation of the detailed order form by a double-click constitutes a signature that has between Marie-Noëlle and the purchaser, the same legal value as a handwritten signature. Before cliking on the button "I confirm my order", the Client can check at any time the detail of its order and its price and come back to the previous pages to modify its order. Marie-Noëlle reserves the right to not validate the order in these cases: Exchanges and abnormal or abusive returns in accordance with these Terms of Sales, existing disputes with the Client, total or partial non-payment of a previous order by the Client, refusal of payment authorisation by credit card by the banks. The Client must check all the information communicated during his/her order. If after the validation of his/her order, the Client realises he/she needs to change some information, he/she can do it by contacting Marie-Noëlle by using our Contact Form within a 12-hour period so that his/her demands can be taken into account in the best conditions. When the order is registered, the Client receives an email from Marie-Noëlle. This emails confirms that the order of the Client has been taken into account by Marie-Noëlle. Orders are processed in the order of their arrival, in general between 2 and 5 days are necessary for the processing time. Marie-Noëlle reserves a 72-hour period to potentially indicate its incapacity to satisfy the demands of the Client. Marie-Noëlle cannot be held responsible for the non-performance of the contract in case of sock out or product's unavailability, force majeure. To the extent that the Client orders online products offered on the website, the electronic signature of the Client on the "Order Form" marks the conclusion of the contract between the Client and Marie-Noëlle. In accordance with the law of March, 13th 2000 regarding the electronic signature and the Confidence in the Digital Economy Act of June,21st 2004, each order validated by the Client through his/her "Double click" establishes an irrevocable acceptance of the conditions of these Terms of Sales by the Client, following the example of a handwritten signature.
Creation of a customer account
The creation of a customer account in his/her name allows the Client to follow the preparation of his/her order, handle the potential returns of products, his/her credit note, his/her different addresses as well as his/her personal information. He/She will also be able to keep a history of his/her orders and returns of products.
The Client wishing to create a customer account in his/her name has to indicate the following information: his/her surname, first name and his/her email address. He/She will also have to create a confidential password. The Client commits himself/herself to provide valid information. When he/she places an order, the Client must provide a valid invoice and delivery addresses. These two addresses can be similar or different. By creating an account, the Client must accept these Terms of Sales. Only natural persons who are more than 18 years old are allowed to create a customer account on this Website. The same natural person cannot create more than one customer account. The Client will have access to his/her customer account by clicking on the "Sign in" icon on this Website. The Client will have the confirmation of the creation of his/her account by email within the 24 hours following his/her registration.
The goods ordered will be delivered at the address indicated by the Client. This address must represent the Client's home address, or the address of a natural person he chose, of the address of a legal person (delivery at his office). The delivery cannot be realised in hotels or in a postbox.
In order to observe the deadlines, the Client must check that he indicated accurate and complete information regarding the delivery address (such as, in particular, the street number, the building number, the staircase number, the access codes, the names and/or numbers written on the intercom, etc.)
Orders are processed in order of arrival, in general within 2 to 5 days.
Orders recorded on the Website on a national holiday will be processed on the next working day.
Deliveries are handled by the French Poste Office Services (La Poste), from Monday to Saturday within no more than 30 days.
Regarding deliveries outside metropolitan France, the Client undertakes to pay any import tax about the Products, customs duties, the Value-added Tax, and all other taxes depending on the law of the country of delivery.
Marie-Noëlle cannot be held responsible if the deadline is exceeded because of an incomplete address and / or incorrect address indicated by the Client.
Receipt of the Order
The Client is required to check the condition of the packaging and the suitability of the product delivered and if necessary, express any reservation on the carrier's delivery slip. The procedure to be followed in order to benefit from the right of return is the following:
Application of the Colissimo procedure and refusal of the goods by emitting immediately an abnormality observation to La Poste Employee.
report of the rejection of the delivery to Marie-Noëlle within 24 hours from the date of the delivery.
The absence of any complaint, the lack of reservation from the Client means that the Product delivered is deemed satisfactory and can no longer form the object of a further challenge.
Non-receipt of the Order
The Client is required to do what is needed to receive his/her Order. In the event of non-delivery, the parcel will be returned by the carrier to Marie-Noëlle.
The repayment of the goods will be made as soon as possible. However, in the event of a failure of the Client, in no way the shipping costs will be refunded, including if the Client benefited from free shipping costs. In this case, a hold of €7.50 will be added to the amount to be reimbursed by the Client. A failure of the Client is: The Client indicated to Marie-Noëlle an incorrect address, the Client did not indicate his/her name on his/her letter box, the Client did not remove his/her parcel at the Post Office within 15 days.
In accordance with Articles L121-21 of the French Consumer Code, the Client has a period of fourteen days to exercise his/her right of withdrawal from the day after he owns the good, without justification or the payment of penalties.
Exchanges are not allowed by Marie-Noëlle The Client can ask for the refund of his/her Order. Except an error on behalf of Marie-Noëlle in the Order of the Client or a the presence of a defective product when the Client opened the parcel, he/she is required to send the parcel back to Marie-Noëlle at its own expense.
In order to exercise his/her right of return, the Client must inform Marie-Noëlle of his/her will to return one or several article(s) by filling the Contact Form before the end of the withdrawal period with the mention "request for return" in the object.
The Client has a period of 14 days to return the new item(s) in its/their original packaging, in its/their original condition, unworn, unused, unwashed, with all the possible accessories, user instructions and documentation by recorded letter with acknowledgement of receipt:
7 Rue Melingue
From the receipt of the returned product(s) by the Client, if the merchandise is consistent with the merchandise shipped, Marie-Noëlle will refund the Order of the Client within 30 days by way of Paypal on the bank account of the Client that was used for the payment of his/her order.
If the Client fails to respect these return conditions, Marie-Noëlle will not be able to refund the affected Products.
Clic here to download the withdrawal form.
All the products made under the brand name Dans ma culotte® et Absorbette® benefit from a legal warranty of conformity as stipulated in the Articles L.211.4 and following of the French Consumer Code, as well as the warranty of hidden defects as stipulated in the Articles 1641 and following of the French Civil Code. However, the use must have been usual and maintenance advice must have been followed properly (Click here to see the maintenance guide).
Article L211-4 from the French Consumer Code. The seller is bound to deliver goods that are in conformity with the contract and is responsible for any lack of conformity present at the delivery time. The seller is also responsible for any lack of conformity relating to the wrapping, the assembly or installation instructions when they were under his/her responsibility according to the contract or have been made under his/her responsibility.
Article 211-5 from the French Consumer Code. If the purchaser goes to the Courts, he/she must do it within a two-year period from the moment the lack of conformity was discovered (Article 1648 of the French Civil Code). You can contact the Customer Service from Monday to Friday, from 9am to 12pm and from 2pm to 6pm at the following telephone number +33 (0)2 61 88 08 65 or by filling our Contact Form.
Absorbette®'s knickers accessories are guaranteed 3 months against any manufacturing defect. Before returning a product, please contact us by filling our Contact Form.
Absorbette®'s knickers accessories are tested by a one-hundred community of testers. They have successfully proven their efficacy. Leakages, wear and tear and possible blood stains on Absorbette®'s knickers accessories after use are not covered by the guarantee.
Absorbette®'s knickers accessories cannot be held responsible of the non-compliance of the regulatory and legislative provisions in force in the country of receipt. Marie-Noëlle's responsibility is systematically limited to the value of the product accused. This value is the one at its date of sale and this with no legal recourse towards the brand or the company that produces the product.
Marie-Noëlle collects personal data regarding the Client, the User visiting the Website, or the recipient of an Order. This collection of information is made in particular when:
the User or the Client signs up to the newsletter,
the Client places an Order on the Website,
the User or the Client contacts the Customer Service through the Contact Form available online on the Website or by email,
the User or the Client shares an article through our Blog,
the User or the Client visits one or several pages regarding one or several products,
the Terms of Sales have been accepted,
the Cart is composed of products or if it is abandoned.
The e-commerce site dansmaculotte.com is hosted by the company OVH (2 rue Kellermann, BP 80157, 59100 Roubaix FRANCE). The section BLOG of the website is Prestashop module which name is Prestablog and is integrated to the Website dansmaculotte.com.
The section NEWSLETTER of the Website is a plugin from Mailchimp® (MailChimp, 512 Means St. Suite 404, Atlanta, GA 30318).
The brands Dans ma culotte® and Absorbette® are registered as trademarks at the French Patent Office. The models, drawings and patterns of the sanitary pads as well as those for the menstrual cups of the brands Dans ma culotte® and Absorbette® are registered at the French Patent Office. Any reproduction, even incomplete, without the prior consent of the holder is forbidden, in accordance with the provisions of the books I, V, VII of the Code for Industrial Property.
Textile creations are the property of the company Marie-Noëlle and are reserved under copyright.
The entire content of the Website (texts, commentaries, works, illustrations, images...) (except some elements composing the BLOG section) is reserved under copyright as well as under Patent Right and this worldwide. As such and in accordance with the provisions of the Code for Industrial Property, only a private use is authorised. Any other use constitutes counterfeiting and is sanctioned according to Intellectual Property, unless Marie-Noëlle expressly gives prior authorisation, and is strictly prohibited and constitutes a counterfeiting offense punishable by two years of imprisonment and a fine of 150.000 euros. You can contact the company Marie-Noëlle at the following email address: [email protected].
This contract is subjected to French Law, and more precisely to the Article L121-9 and the following ones of the French Consumer Code. Marie-Noëlle cannot be held responsible for damages of all kinds, material, immaterial or physical that may result from malfunction or a misuse of the products merchandised. The same applies to the possible modifications of the products resulting from the manufacturers. The responsibility of Marie-Noëlle shall be limited to the sum of the Order and shall not be blamed for simple errors or omissions that may have subsisted in spite of all the precautions taken in the presentation of the products. In the case of difficulties in the application of this contract, before any legal proceedings, the purchaser has the possibility to look for an amicable solution, in particular with the assistance of:
a professional association of the sector,
a consumer association or any other adviser from his/her choice.
It is recalled that the search of the amicable solution does not interrupt the two-year period of the legal warranty from the moment the defect has been discovered, or the duration of the contractual warranty. As a general rule and subject to the assessment of the courts, the respect of this contract provisions regarding the contractual warranty assumes that the purchaser honours his/her financial commitments to the seller.
Claims or disputes will always be received with attentive benevolence, the good faith is always presumed to the one who takes the trouble to expose his/her situation. In the event of a dispute, the Client will first speak to the company in order to obtain an amicable solution. If not, the Caen Commercial Court is the only one competent, regardless of the delivery location and the accepted payment methods.
The Website www.dansmaculotte.com is edited and distributed by the company MARIE-NOELLE SAS (Simplified joint stock company), which headquarters are 3 rue bis Tortue - 14000 Caen - France, Registered in the Caen RCS (Register of Commerce and Companies) under number 805 315 348, Intra-Community VAT Number: FR 36 805315348, Siret Number: 805315348 00021, Code APE/NAF : 4778C.
You can contact the online shop by using our contact form, by email: [email protected] or by telephone: +33 2 61 88 08 65 Monday to Friday, from 9 am to 12 pm and from 2 pm to to 5.30 pm. Local call cost if calling from France.