GENERAL SALES CONDITIONS
1. SCOPE OF APPLICATION
Bellon & fils (hereinafter Façonnier, the company's brand name) has a share capital of €225,000 and is registered with the Romans sur Isère Trade and Companies Registry under no. 313 720 906,
whose head office is located at 42 rue Carl Von Linné 26500 Bourg-lès-valence, France, intracommunity VAT no. FR54313720906 landline 04 26 99 72 73, manufactures and sells jewelry.
Its products are offered for sale, notably online, on the website available at the following address http://www.faconnier.com/(hereinafter the Site).
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all online orders placed on the Site by a consumer.
or non-professional, whenever the latter is assimilated to a consumer by effect of the Law, under the conditions it determines (hereinafter the Customer).
The main characteristics of the products offered for sale are presented on the Site.
The customer is obliged to read them before placing an order.
However, the photographs shown for illustrative purposes have no contractual value.
The choice and purchase of a product are therefore the sole responsibility of the Customer.
In addition, it is the customer's responsibility to read the detailed technical descriptions and instructions for use of each product purchased. via the Site, prior to installation and use.
The products comply with the requirements of French law in force at the time they are placed on the market, particularly with regard to safety.
These terms and conditions apply to the exclusion of all other terms and conditions, in particular those that may be applicable to other marketing channels for products offered for sale by partner jewelers.
They are accessible, downloadable and/or printable, at any time on the Site, and shall prevail, where applicable, over any other version or contradictory document.
These General Terms and Conditions may be amended from time to time.
Changes to the these GTC are enforceable against users of the Site from the time they are placed online.
However, Façonnier ensures that the GTCs in their version in force on the day of the Customer's order, and the other contractual documents, are kept on a medium that can be easily read by the Customer.
a reliable and durable copy of which may be provided to the Customer on request.
Under these conditions, and in the absence of proof to the contrary, the data recorded in Façonnier's computer system constitutes proof of the transactions concluded with the Customer and of the applicable terms and conditions.
The Customer declares that he has read and understood these General Terms and Conditions of Sale, which have been presented to him in a legible and comprehensible manner, and that he accepts them, without restriction or reservation, by clicking on the box provided for this purpose, after having read them during the ordering procedure as detailed in Article 3 below.
The fact that Façonnier does not avail itself of any of the provisions of these GTC at a given time and/or occasion(s) does not imply that Façonnier waives its right to claim the benefit thereof at a later date.
The Customer acknowledges that he/she has the legal capacity required to contract and order the products he/she chooses on the Site.
Prices of products offered for sale by Façonnier are detailed on the Site.
Prices are given in euros and include all taxes.
Unless otherwise stated, prices do not include delivery charges.
The prices of products offered for sale are subject to change and are enforceable against users of the Site from the time they are put online.
The applicable price is that in force on the day the order is placed.
3. ONLINE ORDERING PROCEDURE
The customer can order and pay online for the products offered for sale and available from Website.
Orders are placed as follows.
3.1 Product and quantity selection
Products are offered within the limits of available stocks and production lead times for custom-made products.
In the event of unavailability of the chosen product, an alert message is displayed on screen, along with a production lead time.
In the event of prolonged inactivity during the connection, it is possible that the selection and/or prices of the products chosen by the Customer before this inactivity will no longer be guaranteed.
The customer is then invited to pick up his selection of products.
3.2 Creating a customer account and providing information about the Customer's identity
The Customer must provide information concerning his/her identity (first name(s), surname, company name if applicable, e-mail address, telephone number, country, address, zip code, town and delivery address if different) and choose a password to enable the creation of his/her customer account. This information is confidential.
Mandatory information is marked with an asterisk. This information is necessary for order management and for the commercial relationship between the Customer and Façonnier. In the absence of such information information, the customer account cannot be created and the order procedure cannot be completed. can be continued.
The Customer undertakes to provide true and sincere information.
The Customer shall be solely responsible for any input errors and the consequences thereof.
3.3. Using the customer account
The customer can consult the details of his current order online, via the Orders tab. You can also view your order history.
Order details are archived on a secure server.
No payment card numbers are stored.
The Customer may request the deactivation of his customer account by notifying Façonnier of his request under the conditions defined in Article 9 below.
Façonnier undertakes to deactivate the Customer's account upon request within a reasonable period of time following receipt of said request.
The Customer is solely responsible for the consequences of the use of his account.
In the event of fraud, characterized in particular by non-compliance with these GTC, Façonnier reserves the right to deactivate the Customer's account, ipso jure, without notice or compensation.
3.4. Order validation
A summary of the current order is presented to the Customer, which can be modified if necessary, before validation.
It is therefore the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
No paying option is included by default in the Customer's order.
The customer's express consent is required for any additional payment on top of the original order price.
The Customer is required to read the entirety of these General Terms and Conditions.
A downloadable and/or printable version is also available.
Customers validate their order by ticking the "Accept terms and conditions and pay" box, which only appears once they have finished reading.
Otherwise, he/she cannot access the online payment server and the order cannot be validated.
Orders that have not been validated cannot be honored by Façonnier.
Thus, the mere fact that the Customer adds a choice of product to the basket does not constitute validation of the order.
3.5. Means of payment
The Customer acknowledges that the validation of the order, materialized by the ticking of the box "Accept the GCS and pay", implies the obligation to pay for it, in full, online, by credit card. (Visa, MasterCard, American Express, Discover, Diners Club, JCB) by Alipay, Apple pay, Bancontact, EPS, Giropay, Google pay, iDeal, Multibanco, SEPA direct debit, Sofort, P24 and WeChat Pay.
The Customer guarantees Façonnier that the means of payment used is valid and not the result of a fraudulent transaction. The Customer undertakes to indemnify and hold harmless Façonnier against any claims that may be made against it by a third party. third parties.
Payment by credit card
Customers are asked to provide the sixteen digits of their card, its expiry date and its cryptogram.
The Customer acknowledges that the commitment to pay given by means of a payment card is irrevocable.
Online payment is secured using the Stripe application.
Façonnier cannot be held liable for the operation of this service, on any grounds whatsoever, and for any reason whatsoever.
In the event of payment not being authorized by the accredited banking organizations, an error and order refusal message is displayed on the screen.
3.6. Order confirmation
Subject to full payment of the order, under the conditions set out in Article 3.5 above, a confirmation e-mail is sent to the Customer without delay, with a summary and an order number.
A separate e-mail is then sent to the Customer to inform him of the dispatch of the product(s) ordered to the delivery address provided.
The purchase invoice enabling the warranty to be invoked is included in the parcel or handed over personally at the time of collection.
Façonnier reserves the right to refuse and/or cancel the Order if it appears to be abnormal and/or made in bad faith and/or for any legitimate reason, and in the event of a pre-existing dispute concerning non-payment by the Customer of a previous order, whatever the sales channel.
3.7 Impossibility of modifying the order after payment
Once payment has been made, the order can no longer be modified, unless the Customer exercises his right of withdrawal under the conditions of Article 5 below.
4.1. Delivery address and method
The Customer chooses a delivery address.
Otherwise, the order procedure cannot be completed.
Delivery is made by DHL.
The customer is solely responsible for any default and/or delay in delivery resulting from any failure to mention the order.
In the event of an error in the delivery address provided by the Customer, the parcel will be returned to Façonnier by DHL.
The customer is then refunded the full amount of the order, excluding delivery costs.
The Customer may request the reshipment of his order, at his own expense and subject to product availability.
The same applies in the event of absence at the time of delivery and failure to comply with the time limits mentioned on the delivery notice.
4.2 Delivery charges
Delivery charges depend on the volume and weight of the parcel and the place of delivery.
The Customer is informed of the estimated delivery costs during the ordering process.
Delivery charges are updated on the order summary page referred to in Article 3.4 above, before validation by the Customer.
4.3. Delivery times
Delivery times are specified on the Site and in the order summary, before validation by the Customer.
They are expressed in working days and take into account order processing time by Façonnier and average shipping time.).
The Customer acknowledges that delivery times are not an essential condition of the order.
Façonnier nevertheless undertakes to use its best efforts to ensure that the delivery dates indicated are respected.
If the order has not been delivered within thirty (30) days of the date of the order confirmation e-mail, the Customer may request that the order be cancelled by e-mail to : email@example.com or by registered letter with acknowledgement of receipt to the postal address indicated in Article 13 below, if, after having enjoined Façonnier to make delivery within a reasonable additional period, the latter has not complied within this period.
Reimbursement will be made no later than fourteen 14 days after Façonnier receives said request.
If delivery occurs in the meantime before Façonnier has received the request for rescission, the Customer is obliged to refuse delivery.
Failing this, he/she must inform Façonnier of the maintenance of this request by e-mail to the address : firstname.lastname@example.org or by registered letter with acknowledgement of receipt to the postal address indicated in Article 13 below.
The Customer shall return the goods to Façonnier, or to a person designated by Façonnier, in their original packaging, complete and in new condition,
accompanied by the corresponding invoice(s), without undue delay.
Under no circumstances will the customer be entitled to claim damages or any other sum whatsoever (except reimbursement of the order) for any delay in the delivery of the goods.
and/or failure to deliver, for whatever reason.
4.4. Delivery tracking
The customer can track the progress of the delivery on the DHL website.
4.5. Checking the Order on arrival
After opening and checking the contents of the parcel(s) in the presence of the carrier, the Customer undertakes to sign the delivery receipt presented by the carrier.
In the event of damage or breakage, the Customer must refuse the entire order delivered, and indicate on the delivery receipt precisely the reasons for the refusal and immediately notify Façonnier by email at : email@example.com or by registered letter with acknowledgement of receipt to the postal address indicated in Article 13 below.
4.6. Transfer of risk
All risk of loss or damage to the product(s) is transferred to the Customer at the time the Customer, or a third party designated by the Customer, other than the carrier proposed by Façonnier, takes physical possession of the product(s).
5. RIGHT OF WITHDRAWAL
In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the purchase of a product on the Site, with the exception of any custom-made product, entitles the Customer to a withdrawal period of fourteen (14) days from receipt of the goods, without the Customer having to give any reason.
The Customer shall exercise his right of withdrawal by informing Façonnier of his decision to withdraw by sending, before the expiry of this period, the following detachable withdrawal form or any other unambiguous statement expressing his wish to withdraw, by e-mail to the address firstname.lastname@example.org or by registered letter with acknowledgement of receipt to Façonnier's postal address, 42 rue Carl von linné 26500 Bourg-lès-valence, France.
In the case of a request sent by e-mail, Façonnier will immediately send the Customer an acknowledgement of receipt of the withdrawal by return e-mail.
The Customer shall return the goods to Façonnier or to a person designated by Façonnier, at the Customer's expense, in their original packaging, complete and in new condition, accompanied by the corresponding invoice, without undue delay and, at the latest, within fourteen (14) days following notification of the Customer's decision to withdraw.
Façonnier will reimburse the Customer for all sums paid, without undue delay and, at the latest, within fourteen (14) days of recovery of the goods or until the Customer has provided proof of shipment of the goods, whichever comes first.
The refund will be made using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Customer.
6.1. Legal warranties
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the French Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced in full below:
Article L. 217-4 of the French Consumer Code :
"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery. He replies also for defects in conformity resulting from packaging, instructions, etc. of assembly or installation when the latter has been charged to him by the contract or was carried out under its responsibility".
Article L. 217-5 of the French Consumer Code :
"The property conforms to the contract:
1° If he is fit for the purpose ordinarily expected of similar goods and, where applicable if any :
- if it matches the description given by the seller and possesses the qualities that the seller has presented to the buyer as a sample or model;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or 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 seller's attention and accepted by the latter".
Article L. 217-12 of the French Consumer Code :
"Action resulting from a lack of conformity is barred after two years from 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 remaining warranty period. This period runs from the date of the buyer's request for intervention or the for repair of the item in question, if this provision is subsequent to the request for intervention".
Article 1641 of the French Civil Code :
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648, paragraph 1 :
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The legal warranties of conformity and defects in the goods sold apply independently of any commercial warranties granted by Façonnier.
6.2. Commercial warranty
The commercial warranty refers to any contractual commitment by Façonnier to the Customer to repair or replace the product. of the product(s), in addition to its legal obligations referred to above.
The commercial warranties relating to the product(s) covered by these GTS, and their conditions of application (defects covered, time limits, exclusions and implementation methods), are determined on the Site for each product concerned and reproduced on the purchase invoice given to the Customer.
As previously indicated in Article L. 217-16 of the French Consumer Code reproduced above, any period of immobilization of at least seven days due to the repair of the product covered by the warranty is added to the duration of the warranty initially granted.
Any commercial warranties granted by Façonnier are inoperative in the event of malfunctions resulting from improper installation, use and/or handling of the product(s).
Warranty claims must be sent by e-mail to the following address, email@example.com
or by registered letter with acknowledgement of receipt to Façonnier's postal address:
42 rue Carl von linné 26500 Bourg-lès-valence.
The Customer must return the product to Façonnier if it is covered by any of the warranties.
It is the customer's responsibility to provide proof of this return.
7. EXEMPTION FROM LIABILITY
Façonnier may not be held liable, on any grounds whatsoever, if the non-performance or improper performance of the contract is attributable either to the Customer or to a third party, or to a case of force majeure.
8. SITE OPERATION AND USE
Façonnier is only bound by an obligation of means with regard to the operation and continuity of the Site.
No liability can be accepted in the event of malfunction(s) of any kind, and in particular in the event of fraudulent or malicious use by a third party of information available on the Site.
The Customer is solely responsible for its use of the Site.
He/she undertakes to deal personally with any claim and/or proceedings brought against Shaper that is related to its use of the Site.
Shaper reserves the right to make any modifications and improvements to its offer that it deems necessary or useful, and shall not be liable for any damages of any kind that may arise as a result.
Shaper also reserves the right, without notice or compensation, to suspend, temporarily or permanently, a service on its Site, and will not be liable for any damages of any kind that may arise as a result.
The Customer is hereby informed that the Site may contain hypertext links that may redirect him/her to other Internet sites, in particular those of third parties (Facebook, Twitter, etc.), which could thereby identify the Customer.
Shaper makes no commitment in this respect and is in no way responsible for the content and/or operation of third-party websites.
Façonnier has no control over this type of use.
Where applicable, it is the customer's responsibility to ensure that the conditions of use of these sites and/or social networks allow him/her to control and/or restrict the use of his/her data, in particular by configuring his/her user accounts.
As needed, Shaper reminds you that the Customer must use the Site under legal conditions, and that in the event of illicit content, it reserves the right to remove the litigious elements.
Shaper reserves the right to take all necessary measures to enforce its rights.
9. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
In accordance with the provisions of the French Data Protection Act of January 6, 1978, amended in 2004, we remind you that the personal data requested from the customer is necessary for the processing of the order, in particular.
They may also be used to send promotional offers and newsletters from Façonnier.
This data may be communicated to any partners of Shaperresponsible for the execution, processing, management and/or payment of orders.
The processing of personal data communicated by the customer via the Site has been declared to the CNIL.
Customers have the right to access and rectify any personal data concerning them, and may exercise this right at any time by writing, by registered letter with acknowledgement of receipt, and providing proof of identity, to :
42 rue Carl Von
26500 Bourg lès
Shaper may offer the Customer the opportunity to subscribe to its newsletter or to receive, by electronic means, promotional offers or, more generally, information concerning Façonnier's products..
However, customers can unsubscribe by clicking on the appropriate link in the e-mail sent to them.
The Site is the property of Shaper and is protected by French and international intellectual property laws, both in terms of its architecture and its content (trademarks, texts, photos, videos, etc.).
Any representation and/or reproduction and/or imitation, in whole or in part, of the Site is (are) strictly prohibited and liable to constitute an infringement of copyright.
11.APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These GCS are written in French.
The Customer is hereby informed that he/she may request the intervention of a consumer mediator in the event of a dispute with Façonnier which has not been resolved following the Customer's complaint to Façonnier, in particular by visiting the following website available at : http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
The contact details are as follows:
FEVAD's e-commerce ombudsman service
60 rue la Boétie
The solution proposed by a mediator is not binding on the parties, who remain free to withdraw from the mediation process at any time.
The Customer may have recourse to any other alternative dispute resolution method.
In any event, the Customer may refer to the Court any dispute relating to the existence, interpretation, conclusion, performance or breach of the contract governed by these GTS.
All claims must be sent by registered letter with acknowledgement of receipt to the following address:
42 rue Carl Von
26500 Bourg lès
14.PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information and details referred to in Articles L. 111-1 to L111-7.R. 111-1 and R. 111-2 of the French Consumer Code, and in particular :
Ø the essential characteristics of the product(s), taking into account the communication medium used and the nature of the product(s) concerned;
Ø the price of the product(s) and any additional costs (delivery charges, extended warranty, etc.);
Ø delivery times ;
Ø information relating to the seller's identity, postal, telephone and electronic contact details, and activities, which were in any case apparent from the context of the order;
Ø Information on legal and contractual warranties and how they apply;
Ø the possibility of recourse to a consumer mediator in the event of a dispute. alternative dispute resolution ;
Ø information on exercising the right of withdrawal and other important contractual conditions.