GENERAL CONDITIONS OF SALE AND USE OF THE WEBSITE THEFRENCHDANDY.COM
1 – FIELD OF APPLICATION AND DEFINITIONS
These general conditions of sale apply to all visits or orders placed on the website www.thefrenchdandy.com and its derived addresses (hereinafter “the Site”).
The Site is published by Alexis Amann, (“micro-entrepreneur”, whose registered office is located at 33 rue de la binoche in Orleans 45100, France, registered at the RCS of Orleans under the number 844 138 362), and has for object the sale of fashion accessories (hereinafter “the Product or the Products”).
The order of a Product by a natural or legal person (hereinafter “the Buyer”) implies unreserved acceptance of these general conditions of sale.
Alexis Amann reserves the right to modify these general conditions of sale. The online version on the Site at the time of the order of a Product by the Buyer shall prevail over any other version of these general conditions of sale.
These general conditions of sale and the order confirmation sent to the Buyer form a contractual base and constitute the entirety of the contractual relations between the Buyer and Alexis Amann.
2 – ORDERS
2.1 Products Offer
The presentation of the Products on the Site is as accurate as possible.
Due to the techniques involved in their fabrication and the fact that silk is a natural material, minor differences may exist between the Products delivered and those presented on the Site. These differences, as long as they do not modify the essential characteristics of the Products and do not affect their quality, cannot justify a cancellation of the order or a refusal of delivery.
As the perfect representation of the Products on the Site cannot be guaranteed, in particular because of the differences in color rendering by internet browsers as well as screens and other visualization media, Alexis Amann cannot be held responsible for the inaccuracy of the photographs on the Site.
2.2 Acceptance and cancellation of order
Any order by the Buyer implies acceptance of prices and descriptions of Products available for sale.
The order is firm for the Buyer upon confirmation of his order. For Alexis Amann, the order is firm after the validation of the payment and sending a confirmation of order to the Buyer.
Thus even after validation of the payment, Alexis Amann reserves the right to cancel the order if he has not yet confirmed the order to the Buyer. In particular, cancellation may take place in the event of a possible Product outage.
In case of cancellation of the order after validation of the payment by Alexis Amann, Alexis Amann will reimburse the Buyer for the full amount paid within 14 (fourteen) working days.
3 – PRICES OF PRODUCTS AND PAYMENT
3.1 Prices of Products
The prices of the Products are in euros, all taxes included for customers based in the European Union. For customers based outside the European Union, it is their responsibility to pay for potential customs and related taxes upon delivery. No complaint or demand of refund for customs and related taxes will be accepted by Alexis Amann. Alexis Amann may modify the prices of the Products presented on the site at any time without notice.
Prices as displayed on Products pages do not include delivery costs except if otherwise stated.
3.2 Delivery costs
The amount of the delivery costs depends of the country of delivery and is indicated at the time of the order by the Buyer.
The payment is made in euros exclusively. Full payment must be made at the time of the order by credit card or via Paypal.
In order to fight against fraudulent payments or identity theft Alexis Amann reserves the right to check the bank details and / or the identity of the Buyer before any delivery. As such, the Buyer agrees to provide Alexis Amann any supporting documents requested. In absence of communication of the elements requested by Alexis Amann within the indicated time limit, Alexis Amann reserves the right to cancel the order.
Payment by credit card via Stripe
Credit card payments are enabled through the solution provided by Stripe. Stripe is an American company offering a secure online payment solution that complies with French and international financial regulations. This solution allows the Buyer to make purchases of Products safely. The bank details of the Buyer paying by credit card are not communicated to Alexis Amann and are directly transmitted and processed by Stripe.
Payment by PayPal
PayPal is a secure payment method offered by the American company PayPal. This solution allows the Buyer to easily pay for its Products without sharing its payment data with the Site.
If the Buyer does not have a PayPal account, he can still choose this method of payment. At the time of payment, he will be redirected to a PayPal page where he can fill in his bank details and possibly choose to create a PayPal account.
The invoice sent to the Buyer, includes the information provided by the latter when ordering. At the time of the order, professional Buyers must share with Alexis Amann all the information needed to establish a professional invoice.
4 – DELIVERY
4.1 Delivery methods
The delivery costs are calculated at the time of the order according to the geographical location of the place of delivery shared by the Buyer.
The delivery delay will be specified to the Buyer when shipping his order. Unless otherwise stated, all Products are shipped from France.
4.2 Receipt and complaints
The Buyer is required to check the condition of the delivered Products. Thus, upon receipt of the order, he is expected to conduct a detailed examination to detect any damage, defaults, and other apparent defects of the Products delivered. Any anomaly concerning the Products (damages, missing article, damaged or opened package, broken article …) must be reported within 3 days of delivery.
The Buyer must also be able to provide any justification as to the reality of his claims.
Accepted claims will result in the exchange of the defective or non-conforming Product, or its refund in case of unavailability of the Product. The Product must be returned in the state found, in its original packaging and with all its accessories. No spontaneous return, without prior agreement from Alexis Amann, will be accepted.
5 – PRODUCT WARRANTY / LIABILITY
5.1 Legal guarantees
Alexis Amann does not offer a commercial guarantee.
All Products sold on the Site are subject to legal warranties as detailed by French laws. The lack of conformity guarantee is described by Articles L 217-4, and following of the French Consumer Code and the guarantee of hidden defects is defined by Articles 1641 and following of the French Civil Code. These articles in French are reminded for reference below.
The Buyer has two (2) years to enforce one of these two guarantees. For the lack of conformity guarantee, the delay begins at the time of delivery of the Products. For hidden defects, the delay begins at the time of discovery of the defects. If the apparent defect, the lack of conformity or the hidden defect of the Product, declared by the Buyer, is proved after expertise, Alexis Amann will proceed to the repair or the replacement of the Product. In case of impossibility to repair or replace the Product, Alexis Amann reserves the right to reimburse the Buyer at his own expense.
Alexis Amann cannot be held responsible for the misuse and / or intensive use of the Products that may be made by the Buyer.
Article L 217-4
Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité.
Article L 217-5
Le bien est conforme au contrat :
1° S’il est propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant :
– s’il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l’acheteur sous forme d’échantillon ou de modèle ;
– s’il présente les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage ;
2° Ou s’il présente les caractéristiques définies d’un commun accord par les parties ou est propre à tout usage spécial recherché par l’acheteur, porté à la connaissance du vendeur et que ce dernier a accepté.
Article L 217-12
L’action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien.
Article L 217-16
Lorsque l’acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l’acquisition ou de la réparation d’un bien meuble, une remise en état couverte par la garantie, toute période d’immobilisation d’au moins sept jours vient s’ajouter à la durée de la garantie qui restait à courir.
Cette période court à compter de la demande d’intervention de l’acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d’intervention.
5.2 Liability of Alexis Amann
Alexis Amann’s liability for delivered Products, including within the scope of applicable legal warranties, is limited to the price of the defective or non-conforming Products. Alexis Amann cannot be held liable for indirect damages or all other financial losses suffered by the Buyer or a third party.
6 – RIGHT OF WITHDRAWAL
The Buyer has a right of withdrawal of 14 calendar days from the date of receipt of the Products. The Buyer is fully responsible for the cost of return.
To exercise his right of withdrawal, the Buyer must contact Alexis Amann, within a period of 14 days upon receipt of the Products, either by mail via [email protected] or by registered letter with recorded delivery to the following address: Alexis Amann, 33 rue de la binoche, 45100 Orleans, France
Alexis Amann, will contact the Buyer to organize the return of the product and will indicate him the procedure to follow.
The exercise of the right of withdrawal by the Buyer entails for him, the obligation to return Products within 14 days from the exercise of the right of withdrawal in perfect condition and in their original packaging.
The Buyer will be refunded, as soon as possible and at the latest within 14 days following the date on which the right of withdrawal has been exercised, of the entirety of the sums he has paid with the exception of the costs of return, provided that Alexis Amann has received the Product(s) in perfect condition, in its (their) original packaging(s) and with all its (their) accessories.
7 – CASE OF ABSOLUTE NECESSITY
No Party may be held responsible for the total or partial non-performance of its obligations, if this non-performance is due to the occurrence of an element constituting a case of absolute necessity such as in particular, and without this list being exhaustive, flood, fire, storm, lack of raw materials, transportation strike, partial or total strike, or lockout. The Party that has been struck by an event constituting a case of absolute necessity must inform the other party as soon as possible and at the latest within five (5) working days of the occurrence of this event. The parties agree that they will then have to consult as soon as possible in order to determine the terms of execution of the order.
If the case of absolute necessity has a duration greater than one (1) month, Alexis Amann may not honor the order.
8 – APPLICABLE LAW / JURISDICTION
The relations between the Buyer and Alexis Amann, for orders placed on the Site are governed by French law. In case of persistent disagreement on the application, interpretation and execution of these terms and conditions of sale, and if no agreement can be found, any dispute will fall under the jurisdiction of the courts of Alexis Amann’s registered office.
9 – USE OF THE WEBSITE
9.1 Intellectual property
This website is an intellectual work protected by the French and international legislation on copyright and intellectual property. As such, any reproduction, representation, adaptation, or modification, in whole or in part, or transfer to another website are prohibited. Unless otherwise stated, all the contents of this site, such as texts, logos, photographs and videos are the property of Alexis Amann.
9.2 User responsibility
Navigation on the Site is the sole responsibility of the users. Alexis Amann cannot be held responsible for errors or malfunctions occurring on devices of users following the visit of the Site.
9.3 Privacy and personal data
The personal data collected on the Site are voluntary shared by the client when ordering Products. The data collected is only used to allow the purchase and delivery of Products and have Alexis Amann as the sole addressee.
Buyers have the right to consult, to correct, modify and ask for deletion of their personal data in accordance with Article 27 of French Law No 78-17 of 6 January 1978 relating to computers, files and freedoms as well as the European General Data Protection Regulation (EU) 2016/679 (GDPR). They can use this right by sending an email to [email protected]
The data collected in this context can not be transferred to third parties or communicated for unforeseen purposes.