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  1. About us

 

The Company FOLIES DE PROVENCE, SARL, with a capital of 1 000 euros, whose registered office is located in AUBAGNE (13400) 1411 CHEMIN DE SAINT PIERRE, registered in the MARSEILLE Trade and Companies Register under the number 538 404 831 represented by Mrs Delphine MAURIN (hereinafter the "Company"). The Company sells the following products to its clients via its website : cosmetics, scents, soft toys, delicatessen.

  1. Preamble

 

The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/GTU"). Placing an Order implies acceptance of the GTC/UGU. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take this into account before making a purchase. The photographs or graphics presented on the Web Site are not contractual.

 

The Customer declares that he/she has read and accepted these terms and conditions by ticking the appropriate field before placing the Order online.

 

The Terms and Conditions of Sale define the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Internet Site.

 

They are applicable to all sales concluded by the Company and prevail over any contradictory document, in particular the Client's general terms of purchase.

 

They are systematically communicated to the Customer who makes the request

 

In the case of subsequent changes to the GTC/GTU, the Customer shall be subject to the version in use at the time of the Order.

  1. Definitions

 

"Customer" refers to the Professional or Consumer who makes an Order for a Product sold on the Web Site;

 

"Order" means any order made by the User registered on this Site;

 

"General Terms and Conditions of Sale and Use" or "GTC/GTU" means these general terms and conditions of use and online sales;

 

"Consumer" means the buyer who is a natural person and who is not acting for professional purposes and/or outside his professional activity;

 

"Products" means the physical things that can be appropriated and that are offered for sale on this Site;

 

"Professional" means the buyer who is a natural or legal person acting in the context of his professional activity;

"Site" means the present Site, i.e. foliesdeprovence.com ;

 

"Company" means the Company FOLIES DE PROVENCE, more fully described in Article I hereof; and "User" means any person who uses the Site.

 

  1. Registration

 

Registration to the Site is open to all legal entities or individuals of legal age and enjoying their full personality and legal capacity.

 

The use of the Site is conditional on the registration of a User. Registration is free.

 

To proceed with registration, the User must fill in all the mandatory fields; otherwise registration cannot be completed.

 

The Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, are exact and in conformity. They agree to update their personal information from the page dedicated to them and available in their account.

 

Every registered User has a login and a password. These are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each Registered User is personally responsible for maintaining the confidentiality of his or her login and password. The Company will not be held responsible for any impersonation of a User. If a User suspects fraud at any time, he/she should contact the Company as soon as possible, so that the Company can take the necessary measures and regularize the situation.

 

Each User, whether a legal entity or an individual, can only have one account on the Site.

 

In the event of non-compliance with the GTC/GTU, including the creation of multiple accounts for a single person or the provision of false information, the Company has the right to proceed with the temporary or permanent deletion of all accounts created by the offending User.

 

The deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any Orders made and invoiced by the Site prior to account deletion will be fulfilled under normal conditions.

In the event of deletion of an account by the Company for failure to comply with the duties and obligations set forth in the GTC/GTU, the offending User is expressly prohibited from re-registering on the Site directly, through another email address or through an intermediary without the express permission of the Company.

 

  1. Orders

 

Orders can only be made once the User has registered on the Site. The User, when he/she is connected to his/her account, can add Products to his/her virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his Order by pressing the "Order" button.

 

The client must provide a valid address, delivery method and payment method in order to finalize the Sales Order and effectively form the sales contract between the client and the Company. Finalizing the Order implies acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated on the

website.

 

Once the Order is made, the User will receive confirmation by e-mail. This confirmation will summarize the Order as well as the relevant delivery information. The placing of an Order shall constitute the conclusion of a distance selling contract between the Company and the Client.

 

The Company may grant the Customer price reductions, discounts and rebates depending on the number of Products available on the Site or on the regularity of the Orders, according to the conditions established by the Company.

 

  1. Products and prices

 

The Products covered by the GTC/GTU are those listed on the Site and which are sold and shipped directly by the Company.

 

The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is carried out in the limit of the Company's available stocks. The Company cannot be held responsible for stock shortages or for the impossibility of selling a Product that is not in stock.

 

When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, including all taxes, excluding shipping costs and including the applicable discounts in effect on the day of the Order. The price indicated does not include shipping costs, which will be detailed, if necessary, in the summary before making the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quotation setting out the price calculation method.

 

In no way may a User demand the application of discounts that are no longer in effect on the day of the Order.

 

  1. Terms of payment

 

Except as otherwise provided, all sales are paid for in cash at the time the Order is made.

 

Depending on the nature or amount of the Order, the Company shall be free to require a deposit or payment of the full price at the time of placing the Order or upon receipt of the invoice.

 

Payment can be made by :

 

- Cheque

- Bank transfer

- Credit card via a secure connection

- Paypal

 

In case of non-payment of all or part of the Products on the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.

The financing operation selected shall be the most recent on the date of the Order for the provision of Services.

 

 

In addition to the late payment penalties, any sum, including the deposit, not paid on its due date by the Professional Customer will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.

 

In case of total or partial non-payment of the Products at the date agreed on the invoice, the Consumer Customer will have to pay to the Company a penalty of delay whose rate is equal to the legal interest rate.

 

No compensation may be made by the Customer between penalties for delay in the supply of Products ordered and sums owed by the Customer to the Company for the purchase of Products offered on the Site.

 

The penalty due by the Customer, Professional or Consumer, is calculated on the amount TTC of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.

 

  1. Delivery

 

The Products are delivered exclusively in the following geographical areas:

 

- Metropolitan France

- Corsica

- Overseas territories

- European continent

- North America

- South America

- Africa

- Asia

- Oceania

 

The Company guarantees to provide all material and human efforts to deliver the Products as soon as possible. These may vary depending on the Customer's geographical area, the delivery method chosen or the Product ordered.

 

If the 30-day delivery deadline is exceeded, except in cases of force majeure, the Client may request the cancellation of the contract by registered letter with acknowledgement of receipt, after having enjoined the Company, in the same manner, to make the delivery within a reasonable additional period, and if the Company has not complied.

 

In this case, the Customer will be refunded within 30 days if a payment has already been made.

 

In the absence of delivery due to an error in the address provided by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address and any additional delivery costs will be charged to the Customer.

 

In addition, the Company cannot be held responsible for reasons related to exceeding delivery times:

 

- in periods of intense demand, such as the holiday season,

- for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible and independent event of its will,

- for facts attributable exclusively to the carrier in charge of the delivery.

 

Delivery is made, depending on the Customer's choice and according to the prices indicated on the Site:

- to the address indicated by the Customer at the time of the Order by simple postal service.

- at one of our partner locations as indicated on the Site. A valid identification document will be required to collect the Products. Otherwise, the Products ordered will not be delivered to the Customer.

- by So Colissimo. Delivery is made by La Poste according to its current deadlines. The Customer can be delivered :

- at his home with hand delivery. In case of absence, delivery in letterboxes or in post office. If the Customer has not come to collect it within 10 days, the package will be returned to the sender.

- at home by appointment.

- in one of the 35 Colissimo spacess 7 days a week and 24 hours a day, within 10 days.

- in the post office of your choice within 10 days.

- at one of So Colissimo's partner retailers

 

9. Claims

 

For all orders placed through this web site, the Client has the right to make a claim within 14 days of receiving the Products. It is the Client's responsibility to check the condition of the Products upon receipt. If no reservations are expressly made at the time of delivery, the Products shall be deemed to conform to the Order.

 

To exercise this right of claim, the Client must send the Company, at foliesdeprovence.com, a statement in which he expresses his reservations and claims, together with the relevant supporting documents (receipt countersigned by the carrier, photographs, etc.)

 

A claim that does not comply with the conditions described above cannot be accepted.

 

The Company will promptly repair, replace or refund the Product or its components at its own expense, subject to the physical possibility of repairing the Product or its availability in stock.

 

10. Consumer's right of withdrawal

 

The Consumer has a right of withdrawal of 14 days as from the placing of the Order, except for the products mentioned in article L.221-28 of the Consumer Code.

 

To use this right of withdrawal, the Consumer sends a statement to the address :

foliesdeprovence@gmail.com.

 

The Products must be returned in their original packaging and in perfect condition within 14 days in store as from the notification of the withdrawal to the Company by the Consumer. The direct costs of returning the Products shall be payable by the Consumer.

 

The Customer shall be refunded the totality of the fees paid for the placing of the Order within 14 days following the Company's acknowledgement of the Customer's declaration of withdrawal.

 

The refund will be made by the same method of payment used for the purchase.

 

11. Transfer of risks and property

 

The Company retains a right of property on the Products sold until full payment of the price by the Client. It may therefore recover possession of the Products in the event of non-payment. In this case, the advance payments made shall be retained by the Company as compensation.

 

For Professional Customers, the transfer of risks to the Client operates as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place upon delivery or upon collection of the goods in the store when the Customer has chosen a delivery in store.

 

12. Legal guarantees

 

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

 

Article L.217-4 of the Consumer Code

 

"The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

 

Article L.217-5 of the Consumer Code

 

"The good is in conformity with the contract:

 

1° If it is fit for the purpose usually expected of a similar good and, if applicable :

 

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

 

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. "

 

Article 1641 of the Civil Code

 

"The seller is responsible for the guarantee due to hidden defects of the thing sold which make it unsuitable for the use for which it was intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lesser price, if he had known them."

 

Any Product resold altered, modified or transformed is not covered by the warranty.

 

This one is limited to the replacement or the refunding of the Products not in conformity or affected of a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the case where the Product does not comply with the legislation of the country in which it is delivered.

 

The Client shall inform the Company of the existence of the defects within two years. The Company shall rectify the Products found to be defective to the extent possible. If the Company's responsibility is retained, the guarantee is limited to the amount paid by the Consumer for the supply of the Products.

The replacement of the Products does not extend the duration of the warranty. "

 

            13. Modifications

 

The Company reserves the right to make changes to the Site, the GTC/GTU and any delivery procedure or other element of the services provided by the Company through this Site.

 

When an Order is placed, the User shall be subject to the provisions set forth in the GTC/GTU in effect at the time the Order is placed.

 

            14. Processing of personal data

 

The registration on the Website entails the processing of the Customer's personal data. If the Customer refuses the processing of his/her data, he/she is requested to refrain from using the Site.

 

This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.

 

In addition, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right to query, access, rectify, modify and oppose all of his personal data by writing, by mail and proving his identity, to the following address: foliesdeprovence@gmail.com.

 

This personal data is necessary for the processing of the Order and for the establishment of invoices, if necessary, as well as for the improvement of the functionalities of the Site.

 

            15. Sharing of collected data

 

The Site may have recourse to third-party companies to perform certain operations. By consulting the Site, the Customer accepts that third-party companies may have access to his/her data to enable the proper functioning of the Site.

 

These third-party companies only have access to the data collected in the context of carrying out a specific task.

 

The Site remains responsible for the processing of this data.

 

In addition, the User may receive information or commercial offers from the Company or its partners.

The User may at any time object to receiving such commercial offers by writing to the Company's address indicated above, or by clicking on the link provided for this purpose in the e-mails received.

 

In addition, Customer information may be transmitted to third parties without their prior express consent for the following purposes

 

- to respect the law

- to protect any person from serious bodily harm or death

- to combat fraud or other violations of the Company or its users

- protect the Company's proprietary rights.

 

 

            16. Data Protection

 

The Company ensures an appropriate level of security commensurate with the risks involved as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.

 

However, these measures in no way constitute a guarantee and do not commit the Company to an obligation of result regarding data security.

 

            17. Cookies

 

To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie allows the storage of information relating to navigation on the Site, as well as any data entered by the Users (in particular searches, login, email, password).

 

The User expressly authorizes the Company to place a file called a "cookie" on the User's hard drive.

 

The User has the possibility to block, modify the duration of conservation, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or features of the Site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.

 

            18. Responsibility

 

The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Website unavailable in order to perform any updating, improvement or maintenance operation.

 

As previously mentioned herein, the Company shall not be liable for any delays in delivery due to reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.

 

            19. Intellectual property

 

The brand, the logo, and the graphic charter of the present Site are registered trademarks with the INPI and works of the mind protected under copyright law, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.

           

20. Jurisdiction clause

 

The law governing the GTC/GTU is French law. Any dispute that may arise between the Company and a User during the execution of the present terms and conditions will be subject to an attempt at amicable resolution. Failing that, the disputes will be brought to the attention of the competent courts under common law.

 

           

 

21. Acceptance of the GTC/GTU

 

The Customer or the User expressly accepts the GTC/GTU.

The Customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general terms of purchase.

 

The Consumer acknowledges that he/she has been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular

 

- the essential characteristics of the Product;

- the price of the Products;

- the date or the deadline by which the Company undertakes to provide the Service;

- information relating to the identity of the Company (postal, telephone and electronic contact details)

- information relating to legal and contractual guarantees and their implementation methods;

- the possibility of resorting to conventional mediation in the event of a dispute;

- information relating to the right of withdrawal (time limit, methods of exercise).

 

            22. Mediator contact information