Between the micro-entreprise Florilène Soulas, Le Comptoir de Florie, 62 rue d’Hautpoul 75019 Paris, France registered in the trade register: n° 530794551RM075, under the SIRET number 530 794 551 00024, represented by Mrs. Florilène Soulas in her capacity as manager, duly empowered for the purposes of the present.
The company can be reached by e-mail by clicking on the contact form accessible via the “contact” tab of the menu or by sending an e-mail directly to the following address: firstname.lastname@example.org.
Hereinafter the “Seller” or the “Company”.
On the one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter, “the Buyer”, or “the Customer”.
On the other hand,
It has been exposed and agreed as follows:
The Seller is a publisher of fashion accessories products for consumers, marketed through its website (https://www.comptoirdeflorie-bijoux.fr). The list and description of goods and services offered by the Company can be consulted on the above-mentioned site.
Article 1 : Purpose
The present General Terms and Conditions of Sale (GTCS) determine the rights and obligations of the parties in the context of the online sale of products or Services offered by the Seller.
Article 2 : General provisions
These GTC govern the sale of products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in case of multiple payments) of the order. These GTC are available on the Company’s website at the following address: https://www.comptoirdeflorie-bijoux.fr/cgv/.
The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Customer declares that he has read all of these GTC, and where applicable the Special Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs.
The Customer declares that he/she is legally able to contract under French law or that he/she can validly represent the individual or legal entity for which he/she is contracting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 : Prices
The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the pages of description of the products. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the page of order of the products, and excluding specific expenses of forwarding. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated excluding taxes on the invoice. Delivery costs are at the expense of the Customer, except for orders to Metropolitan France where delivery is offered. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Customer.
Article 4 : Conclusion of the online contract
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to be able to carry out his order:
– Information on the essential characteristics of the product;
– Choice of the product, and if necessary, of its options;
– Indication of the Customer’s essential details (identification, e-mail, postal address, etc.);
– Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. The confirmation of the order will entail the formation of this contract;
– Acceptance of these GTC;
– Then, instructions for the payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.
During the ordering process, the Customer will have the possibility to identify and correct any errors made in the data entry. The language proposed for the conclusion of the contract is the French language.
The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For the delivered products, the delivery will be made to the address indicated by the Customer. In order to properly complete the order, the Customer agrees to provide true identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5 : Products and services
The essential characteristics of the goods, services and their respective prices are made available to the Buyer on the company’s websites, as well as, where appropriate, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, displaying or any other appropriate process, of the prices and particular conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, this one not including the shipping costs charged in supplement. These possible expenses are indicated to the Buyer during the process of sale, and in any case at the time of the confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information on the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of this sale. The Vendor undertakes to honor the Customer’s order within the limits of available stocks of products only. In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the products as well as their prices are specified on the Company’s websites, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the e-mail address provided).
Every effort is made to represent the products as accurately as possible through photographs and other images reproduced on the website, some items, due to screen resolution or photographic technique, may appear slightly larger or smaller than their actual size. Other products may be shown at a larger size than their actual size to accurately show each detail of the products, or at a smaller size to see the entire item. In addition, the details (color, patterns, texture…) that you see also depend on your screen and may, for this reason, not reflect the exact detail of the product you receive. However, Le Comptoir de Florie is committed to ensuring that the photographic representation of products on the site is as faithful as possible to the product.
Article 6 : Conformity
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GTCs comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects in the product. This warranty applies only to defects already present at the date of delivery of the product and not to misuse, negligence or lack of maintenance by the Customer, as in the case of normal wear and tear of the product.
In accordance with Article L.217-4, the Seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, when the latter has been put at his charge by the contract or has been carried out under his responsibility.
However, the warranty of conformity shall not apply if the Customer was aware of the defect at the time of purchase or if the Customer could not have been unaware of the defect at the time of purchase because the Seller informed the Customer of it.
In accordance with the legal provisions on conformity and latent defects (art. 1641 of the Civil Code), the Customer has a period of two years from the delivery of the product. The Customer must choose between repairing or replacing the non-conforming product. If there is a clear cost difference between the two options, the Seller may impose the cheaper option. If these two options are impossible (if the product is no longer available or not repairable for example), the Seller will refund the product in full (if the Customer decides to return the product) or in part (if the Customer decides to keep the product). The refund can be requested in the following way: see Article 11.4.
Article 7 : Clause of property reserve
The products remain the property of the Company until full payment of the price.
Article 8 : DeliveryArticle 8.1 : Terms of delivery
The products are delivered to the delivery address that was indicated at the time of the order and within the time indicated. These deadlines do not take into account the preparation time of the order. When the delivery requires an appointment with the Customer, the two parties will agree by e-mail or telephone in order to agree together on the modalities of supply of the elements necessary for the good realization of the delivery. When the Customer orders several products at the same time, the Seller will do its best to send the products in the same shipment. If this is not possible, the Seller shall inform the Customer by e-mail. In the event of a delay in shipment, the Customer shall be informed by e-mail to the e-mail address provided. In case of delay of delivery, the Customer has the possibility to cancel the contract in the conditions and modalities defined in the Article L 216-2 of the Code of the consumption. The Salesman proceeds then to the refund of the product and to the expenses “to go” under the conditions of the provisions of the articles L216-3 and the L241-4 of the Code of the consumption. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation e-mail in order to follow up the order. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered.
Article 8.2 : Delivered countries and delivery rates
It is possible to deliver in the following countries only. If a particular country is not in this list, the Customer must contact the Seller.
– Metropolitan France:
Free delivery with no minimum purchase
– Guadeloupe, Martinique, Reunion Island, St Martin, St Barthélémy :
Delivery rate for one jewel: 1,50€; each additional jewel: 0.50€.
– Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Finland, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Poland, Portugal, Spain, Sweden, Switzerland, United Kingdom:
Delivery rate for one jewel: 5.50€; each additional jewel: 0,5€.
– USA, Canada, Australia, New Zealand, Norway:
Delivery rate for one jewel: 6€; each additional jewel: 1€.
Article 8.3 : Delivery time
The delivery is made by tracked letter or Colissimo with a tracking number, which is sent to the Customer in the confirmation email sent to him the day the order is sent. The order is shipped within 3 working days after the order.
Approximate delivery time after shipment:
– France: 2-5 working days
– Europe, DOM-TOM : 3-10 working days
– USA, Canada : 1-3 weeks
– Australia, New Zealand: 2-4 weeks
The Seller will do its best to ensure that these delivery times are accurate, but it is not in its power to guarantee them because delivery times depend on the carrier.
Customs and Import Taxes: Any customs and import taxes are the responsibility of the Customer. The Seller is not responsible for any additional delays caused by customs.
Article 9 : Availability
Orders will be processed within the limits of available stocks. In case of unavailability of an article for a period exceeding thirty (30) calendar days, the Customer will be immediately informed of the foreseeable delivery time and the order of this article may be cancelled upon request. The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.
Article 10 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card (Mastercard, Visa or American Express) or PayPal. Cheques and bank transfers are not accepted. Cards issued by banks domiciled outside France must be international bank cards (Mastercard, Visa or American Express). The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale shall be immediately cancelled by operation of law and the order cancelled.
Article 11 : WithdrawalArticle 11.1 : Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the Seller (see Article 11.3). If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, however the return costs will be borne by the Customer. The return of the products is carried out in the same mode of delivery usually proposed by the Salesman: followed letter or Colissimo. Products must be returned in their original and complete condition, unworn in their satin bags; they must, if possible, be accompanied by a copy of the purchase receipt.
Article 11.2 : Exclusion of the right of withdrawal
In accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised on custom-made or personalized products.
As the maintenance advice of the products are written on the site in the heading “manufacture” (https://www.comptoirdeflorie-bijoux.fr/la-fabrication/) and that they are also included in the sending of the products, are also excluded from any guarantee:
– Non-compliant use and maintenance as well as defects in use or maintenance;
– Deterioration due to an error of manipulation, to an abusive or abnormal use, to an intentional or accidental physical modification, to a use for professional or commercial purposes;
– Deterioration due to an external event (lightning, water damage, etc…);
– Interventions carried out on the jewel by any person not mandated by the Seller as well as deterioration resulting from such an intervention.
Article 11.3 : Exercise of the right of withdrawal
The Customer must express his will to withdraw in writing by sending an e-mail to the following address: email@example.com (article L. 221-21 of the French Consumer Code) within fourteen (14) calendar days from the day following the date of receipt of the parcel by the Customer (date of delivery by the Post Office being taken as proof). If this period expires on a Saturday, Sunday or holiday, it is extended until the next business day. After this period, the request will not be possible. The simple return of the product without declaration or the refusal to take delivery is not sufficient to express your will to withdraw.
Only products returned in their original condition, unworn and in their satin pouches will be accepted. This right of withdrawal is exercised without penalty, except if a product has been worn, damaged or without its pouch.
Article 11.4 : Return of the product
The Customer has a period of fourteen (14) calendar days to return the product to the Seller from the date of the request of the right of withdrawal by the Customer (Article L. 221-23 of the Consumer Code). The return costs are at the expense of the Customer. The product returned by the Customer must be sent in the same delivery mode usually proposed by the Seller: followed letter or Colissimo. The Customer will have to communicate imperatively by e-mail the day of the sending of the product with the tracking number, the same day or the day after the sending. The return address will be communicated by the Seller.
Article 11.5 : Exchange, refund
The exchanged product will be sent to the customer within fourteen (14) calendar days after the reception of the returned product (date of delivery of the Post office being proof).
The refund will be made after receipt of the returned product and within fourteen (14) calendar days following the date on which the decision of withdrawal was made, except justified delay: the Seller may defer the refund until the day of recovery of the returned product. The refund is made by the same means of payment as for the purchase. Delivery costs are not refunded.
Only products returned in their original condition, unworn and in their satin pouches will be accepted. This right of withdrawal is exercised without penalty, except if a product has been worn, damaged or without its bag. In this case, any loss of value is the responsibility of the customer. In the case of a refund request, a partial refund will be made. In the case of an exchange, the product cannot be exchanged and a partial refund will be made.
Cancellations are not accepted except in the cases described in article 13.
Article 12 : Complaints and mediation
If need be, the Customer can present any complaint by contacting the Seller by e-mail at the following address: firstname.lastname@example.org.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In case of failure of the request of complaint to the customer service of the Seller, or in the absence of answer within two (2) months, the consumer can submit the dispute to a mediator (list of the mediators of consumption: https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references) which will try in all independence to bring closer the parties in order to obtain an amicable solution.
Article 13 : Rescission of the contract
An order can be cancelled by the Customer by sending an e-mail to the Seller in the following cases:
– delivery of a product that does not conform to the characteristics of the order;
– delivery beyond the deadline fixed at the time of the order or, in the absence of a date, within thirty (30) days following payment. With the exception of a delay due to a partial or total strike of the postal services independent of the Seller.
– unjustified price increase or modification of the product.
In these cases, the Buyer may demand the refund of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.
Article 14 : Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 15 : Force majeure
The execution of the obligations of the Seller under the present contract shall be suspended in the event of the occurrence of a fortuitous event or force majeure (for example: accident or illness affecting the Seller or one of his relatives) which would prevent its execution. The responsibility of the Seller cannot be implemented in the case of disturbance or total or partial strike of the postal services. The Seller will notify the customer of the occurrence of such an event as soon as possible.
Article 16 : Nullity and modification of the contract
If one of the stipulations of the present contract were to be nullified, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 17 : Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data which has as its purpose the sale and delivery of products and services defined in this contract.
The Buyer is informed of the following elements: – the identity and contact details of the data controller and, where applicable, of the data controller’s representative: the Seller, as indicated at the top of these GTCs; – the contact details of the data protection officer: the Seller; – the legal basis of the processing: contractual performance; – the recipients or categories of recipients of personal data, if any: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations as well as any authority legally authorized to access the personal data in question – no transfer outside the EU is foreseen; – the duration of data retention: the time of the commercial prescription; – the data subject has the right to request from the controller access to personal data, rectification or erasure of personal data, or a restriction of the processing relating to the data subject, or the right to object to the processing and the right to data portability; – the data subject has the right to lodge a complaint with a supervisory authority; – the information requested at the time of the order is necessary to draw up the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
Article 18 : Applicable law and clauses
All the clauses appearing in the present GTC, as well as all the operations of purchase and sale which are aimed there, will be subjected to the French law.
The nullity of a contractual clause does not entail the nullity of the present GTC.
Article 19 : Consumer information
For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article L. 217-4 of the French 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 responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: The good is in conformity with the contract: 1° If it is fit for the use 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 latter has 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 L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period shall run from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
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