GENERAL CONDITIONS OF SALE & SALES POLICIES
CGV & POS:
GENERAL CONDITIONS OF SALE & SALES POLICIES
Last update: April 2019
The purpose of these conditions is to set the terms according to which Francois La Manille sells designer jewelry in 925 silver and gold-plated (hereinafter referred to as "the Product (s)") to its customers through the site. internet www.francoislamanille.com (the “Site”).
Francois La Manille is an EIRL company registered in the Paris Trade and Companies Register under number 453 942 088
and whose head office is located at:
10 Maubec Street
Acceptance of these general conditions of sale ("GTC") implies full and unreserved acceptance by the Customer of these GTC.
All orders on the Site are subject to these T & Cs. These are liable to be modified and updated; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.
These GTCS exclusively govern the sales made by Francois La Manille of the Products offered to buyers having the status of consumers (hereinafter the “Customer (s)) on the Site and specify the conditions of order, payment, delivery and management of any returns of products ordered by Customers.
The GTC are enforceable against the Customer who declares to have read them and accepts them by implementing the online ordering procedure.
The Client of the Site must be a consumer, a natural person of full age and legally capable. The Customer must, during his first order on the Site, open a customer account. For each order, the Customer must complete an order form specifying certain mandatory fields so that his order for Products can be taken into account by Francois La Manille.
The information communicated to Francois La manille within the framework of the opening of his customer account and during each of his orders must be complete, exact and up to date.
Francois La Manille reserves the right not to follow up on an order if the latter does not come from a customer meeting the criteria set above.
The essential characteristics of the Products are presented on the Site within each of the product sheets. If the Customer has any questions, they can contact Francois La Manille by email at the following address: firstname.lastname@example.org.
4. ORDERING PROCESS
To order, the following steps must be followed:
the Customer walks on the Site and adds the Product to his basket, specifying the quantity;
the Customer checks the nature of the Products added to the basket;
to delete an article, the Customer must click on “Delete” and to change the number of articles, modify the quantity and click on “Update”;
the Customer can then finalize his order or choose to continue his purchases;
To conclude the purchase contract and finalize the order, the Customer complete the order form and indicate the personal data required for the order;
the Customer must choose his mode of delivery;
the Customer currently through the paypal system;
it is up to the Customer to check the details of the order and in particular the total price of his order, taking into account the price of the Products, the delivery terms and costs, VAT, the Product in particular in terms of quantity;
the Customer must read and accept the GTC;
The Customer proceeds to payment.
It is the Customer's responsibility to verify the accuracy of the information they provide.
Francois La Manille reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.
Francois La Manille will also be entitled to refuse any order placed by a Customer with whom there is a dispute relating to the payment of a previous order as well as any order not in accordance with these GTC.
In these cases, Francois La Manille will inform the Client by telephone or by e-mail.
In the event that the Products presented on the Site are no longer available or for sale at the time of sending your order, Francois La Manille must notify you promptly, and in any case, before thirty working days from the following day. your order, the possible unavailability of the ordered products. In the event of payment of the price, Francois La Manille will reimburse you for the full amount advanced for the unavailable Products.
The contract is deemed concluded upon receipt by Francois La Manille of the order after verification by Francois La Manille of the accuracy of the data relating to the order.
After validation of your order, an acknowledgment of receipt will be sent by email to the Customer, containing a summary of the order information (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs).
The Site offers payment via Paypal. When the order is finalized, Francois La Manille confirms the payment by sending the Customer a summary email. However, if you wish, it is possible to pay by bank transfer or check. To do this, ask us for the procedure distance selling by email via email@example.com
The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order). The costs of packaging, order processing and shipping are indicated before validation of the order.
Francois La Manille may modify the prices of the Products at any time and without notice, in particular due to changes in the economic, legislative and fiscal framework. The Products are invoiced on the basis of the price in force when the Customer places an order.
The Products remain the full and entire property of Francois La Manille until full receipt of the price of each order by Francois La Manille.
The payment of purchases is made via the secure platform of our partner Paypal .
For delivery outside the European Union, the Customer must pay customs duties or other taxes due on the occasion of the importation of the products into the country of the place of delivery. The related formalities are also the sole responsibility of the Customer. The Customer is solely responsible for checking the possibilities of importing the Products ordered with regard to the rights of the territory of the country of delivery.
The Products are delivered to the delivery address indicated on the order form.
The order is sent by letter followed "protected" and is distributed directly in its mailbox. The customer can follow the routing of his purchase at any time on http://www.pro.csuivi.courrier.laposte.fr/suivi/index. Delivery is free for a shipment to France.
It is possible to request a special shipment, but at the expense of the buyer.
The products are delivered worldwide but the delivery is chargeable.
Francois La Manille undertakes to ship all orders placed before noon the same day (only on working days). However, during busy periods such as Christmas, Francois La Manille reserves the right to extend the shipping time to 72 hours.
What are the delivery times ?
Monday to Friday before 10 a.m.:
Packages leave at 2 p.m. - you must therefore order the day before or the same day before 11 a.m. for same-day departure.
Friday after 11 a.m., weekends and public holidays:
Orders leave on Monday morning.
From the dispatch of the order, the average delivery times are as follows:
24 hours to 48 hours by letter followed, excluding public holidays, or strike-type social movements.
It is specified that any change of delivery address made by the Customer after the order has been registered may lead to an extension of the delivery time.
If Francois La Manille is unable to deliver on the date indicated or within the period indicated when ordering, the Customer will have the possibility of obtaining the cancellation of the order under the conditions provided for in article L 216-2 of Consumer Code, that is to say by email to firstname.lastname@example.org, after having ordered Francois La Manille to make the delivery within a reasonable time by email, without Francois La Manille having done so.
7. RECEPTION OF PRODUCTS
Upon receipt of the Product, the Customer must immediately check the condition of the packaging and that of the Product delivered.
If, at the time of delivery, the packaging is damaged, torn or opened, the Customer must then check the condition of the Products it contains. If these Products have been damaged, the Customer must absolutely refuse the package by going to his post office or by calling 3631 (postal complaints service) no later than 3 days, not including public holidays.
, following the receipt of the Products and send a copy of this letter to Francois La Manille.
Failure to comply with said deadline does not hinder the recourse that the Customer may have against Francois La Manille to obtain the exchange or reimbursement of the Products in the event of damage or anomaly to the Product at the time of its delivery. Likewise, the Customer always benefits from his right of withdrawal under the conditions of article 9 above.
For any request relating to commercial and legal guarantees, please contact:
Francois La Manille Customer Service, 10 rue Maubec 33000 BORDEAUX - Phone 06 13 90 69 76 (cost of a local call in mainland France, indicative rate from a landline, subject to change depending on the operator) - email: email@example.com
8.1 Commercial warranty
In addition to the legal guarantees referred to in 8.2 to which we are bound, there is a commercial guarantee which covers the repair of after-sales jewelry (link replacement, cleaning of the silver product, product replacement if the customer finds a problem within 3 months after purchase. /ordered. The Customer can request the application of this guarantee by mail (by returning the Product to us) and the order number.
This guarantee is your responsibility.
This warranty runs from the date of delivery of the Product for a period of one (1) year and applies only in mainland France.
This commercial guarantee does not apply:
non-conforming uses as well as faults in use;
damage due to handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
in the event of abnormal maintenance operations or in the event of lack of maintenance and hygiene;
in case of natural wear;
interventions carried out on the jewel by any person not authorized by Customer Service as well as damage resulting from such an intervention.
Article L 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any downtime of at least 7 days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
8.2. Legal guarantees
Unless he is a legal person or a natural person acting for purposes falling within the scope of his commercial, industrial, craft or liberal activity, the Customer benefits in any case from the legal guarantees on the basis of which he can act. Francois La Manille is thus liable for any lack of conformity and hidden defects under the conditions provided respectively by articles L 217-4 and following of the Consumer Code and 1641 and following of the Civil Code.
Article L 217-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L 217-5 of the Consumer Code: To comply with the contract, the good must: 1 ° Be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L 217-7 of the Consumer Code: The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L 217-10 of the Consumer Code: If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2 ° Or if this solution cannot be done without major inconvenience for the latter taking into account the nature of the good and the use which it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Article L 217-11 of the Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any downtime of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if he had known them.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643 , the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.
Article 1648, paragraph 1, of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
When acting as a legal guarantee of conformity, the Customer:
has a period of 2 years from the delivery of the goods to act;
may choose between repairing or replacing the item, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The legal guarantee of conformity applies independently of the commercial guarantee granted by Francois La Manille.
When acting as a legal guarantee against hidden defects, the Customer can choose between the resolution of the sale or the reduction of the sale price in accordance with article 1644 of the Civil Code.
9. CUSTOMER'S RIGHT OF WITHDRAWAL
In accordance with the provisions of Articles L 221-18 et seq. Of the Consumer Code, the Customer may opt out of his order without justifying any reason. To do this, he has a right of withdrawal. He can exercise it (or a third party designated by him with the exception of the carrier) within 14 days of receipt of the Product.
Before the expiration of this 14-day period, the Customer must inform Francois La Manille of his decision to withdraw by sending him an email clearly and unambiguously expressing this decision and mentioning the number of his order to: firstname.lastname@example.org
The Customer must return the Product, at his expense (unless the product is not compliant or has a manufacturing defect), to Francois La Manille, at the address mentioned on the withdrawal form no later than 14 days following the communication of its decision to withdraw.
Francois La Manille strongly advises its Customers to return the products by registered letter, in a protected bubble-type envelope. It is therefore recommended to provide proof of this return, which assumes that the Products are returned with parcel tracking, or by any other means giving a certain date.
Francois La Manille must reimburse the Customer, including delivery costs, no later than 14 days from the date Francois La Manille actually collected the Product or from the date the Customer provided him with proof. of the shipment of the Product.
Reimbursement will be made by bank transfer to the card used to pay the initial invoice.
It is not possible to replace or exchange returned products. You will have to place a new order online.
10. EFFECT OF THE CONTRACT
The contract produces all its effects as soon as it is concluded and cannot be terminated unilaterally by one or the other of the parties, unless the Customer uses his right of withdrawal under the conditions laid down by articles L 221-18 et seq. Consumer Code.
11. INTELLECTUAL PROPERTY
The Customer acknowledges that the Products of Francois La Manille and the distinctive signs (image, photographs and composition of the photographs, concepts, packaging, name of the products, texts, illustrations, etc.) are the exclusive property of Francois La Manille, in particular under the intellectual property, for the duration of the protection of these rights and for the whole world.
Certain Products have been registered as a design and are automatically protected by copyright.
The Customer shall refrain from any act of reproduction or use of Product models, packaging, photographs, composition of photographs, concepts, product names, texts, illustrations, trademarks or distinctive signs, business secrets, techniques or knowledge. used by Francois La Manille, as well as any act tending to the appropriation of these elements, whether or not they are the subject of protection by Francois La Manille by a trademark, a design or a copyright. author.
Consequently, any reproduction not authorized by Francois La Manille will be the subject of an infringement liable to legal proceedings.
12. PROCESSING OF PERSONAL DATA
For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.
13. SETTLEMENT OF DISPUTES
In the event of a dispute, the Customer must first contact Francois La Manille Customer Service by email at: email@example.com. In the absence of a solution within 21 days of his request, the Customer may apply to the Joint Commission for the Mediation of Direct Selling, 100 avenue du Président Kennedy, 75016 Paris, Tel. : 01 42 15 30 00, E-mail: firstname.lastname@example.org , website http://mediation-vente-directe.fr/ who will seek an amicable settlement free of charge. This Commission has exclusive competence to handle, within the framework of a mediation process, the disputes arising between Francois La Manille and the Client.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
The GTC are subject to French law.
In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the GTCS could give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the common law jurisdiction rules.
Here is a standard withdrawal form (to be cut out).
(Please complete and return this form only if you wish to use your right of withdrawal regarding an order)
For the attention of FRANÇOIS LA MANILLE - 10 rue Maubec - 33000 Bordeaux.
I hereby notify you of my withdrawal from the contract for the sale of the Product below: ………………………………………………………………
Ordered on (*) / received on (*): …………………………………………………………
Client name : ……………………………………………………………………………………………………………………….
Customer address: ………………………………………………………………………………. ………………………
Signature of the Client (only if this form is notified on paper):
…………………………………………………………………………………………………………………………………… …………………………………… ..
Date: ……………………………………………………………………………………………………………………………… …………………………………