GENERAL CONDITIONS OF SALE
This website is operated by La maison FRANC, registered in the Répertoire des Entreprises et des Etablissements under the number 824736805 and whose head office is located at 38 impasse Louis Turcan 84120 LOURMARIN - FRANCE.
On this site, the terms "we", "us" and "our" refer to FRANC 1884 or lavender hearts or lavender balls or lavender spindles or lavender eggs.
Article 1 - Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website https://www.franc1884.com and will prevail, if necessary, on any other version or any other contradictory document.
The seller and the buyer agree that the present general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have seat in France.
Article 2 - Content
The purpose of the present general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.franc1884.com.
The present conditions concern the purchases of all the products available on www.franc1884.com. The buyer declares to have read the present general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this respect, they are opposable to him according to the terms of the article 1119 of the civil code.
Article 3 - Pre-contractual information
3.1 The buyer acknowledges having been informed, prior to the placing of the order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.
3.2 The following information is transmitted to the buyer in a clear and comprehensible manner
- the essential characteristics of the good or service ;
- the price of the good or service;
- all additional costs of transport, delivery or postage and any other costs;
- in the absence of immediate performance of the contract, the date or time by which the provider undertakes to deliver the good or perform the service, regardless of its price;
3.3 The Seller shall provide the Buyer with the following information:
- its name or corporate name, the geographical address of its establishment and, if different, that of its registered office, its telephone number and its e-mail address;
- the methods of payment, delivery and execution of the contract, as well as the methods envisaged by the professional for the treatment of the complaints;
- in the event of a sale, the existence of and the procedures for exercising the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the French Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code, as well as, where applicable, the commercial guarantee and after-sales service referred to in Articles L. 217-15 and L. 217-17 of the French Consumer Code respectively;
3.4 The seller shall indicate, with respect to the digital content:
- any relevant interoperability of this content with certain hardware or software of which the professional has or should reasonably have knowledge.
Article 4 - The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form that appears there, for any product, within the limits of available stocks.
In case of unavailability of an ordered product, the buyer will be informed by e-mail.
For the order to be validated, the buyer will have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final :
- after the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;
- and after collection by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In certain cases, in particular default of payment, erroneous address or other problem on the account of the purchaser, the salesman reserves the right to block the order of the purchaser until the resolution of the problem.
The cancellation of the order of this Product and its possible refunding will then be carried out, the remainder of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the buyer receives an email containing a link to the follow-up information, but can also contact email@example.com.
An invoice is available for download in the order acceptance email, otherwise you can also contact firstname.lastname@example.org.
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will be considered proof of the buyer's agreement:
- Payability of the sums due under the purchase order,
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact email@example.com.
Article 6 - Order confirmation
The seller provides the buyer with a copy of the order form by email, confirming the express commitment of the parties.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 8 - Information on the products
The products governed by the present general conditions are those that appear on the FRANC 1884 internet site and that are indicated as sold and shipped by FRANC 1884. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions occur in this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT, the seller being subjected to the VAT. The payment of the totality of the price must be realized at the time of the order. At no time, the paid sums could be regarded as deposits or installments.
If one or several taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.
Article 10 - Method of payment
It is an order with obligation of payment, which means that the placing of the order implies a payment of the buyer.
To pay his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the site of the seller. The purchaser guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the validation of the purchase order. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.
The payment of the price is carried out cash with the order.
Article 11 - Availability of products - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the email confirmation of the order.
Shipments are made within 48 hours from Monday to Friday. Orders placed on the weekend will be shipped on Monday.
The delivery time is 2 to 3 working days in France from the date of shipment. They are 5 to 15 days for the rest of the world.
In case of non-compliance with the date or time of delivery agreed, the buyer shall, before terminating the contract, instruct the seller to execute it within a reasonable additional period.
If the Seller fails to do so within such further period, the Buyer shall be free to rescind the Contract.
The buyer will have to accomplish these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium to Philippe FRANC, 38 impasse Louis Turcan 84120 PERTUIS - FRANCE.
The contract will be considered as cancelled upon receipt by the seller of the letter or writing informing him of this cancellation, except if the professional has performed in the meantime.
However, the buyer may immediately cancel the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days of the date on which the contract was terminated.
In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
The delivery means the transfer to the consumer of the physical possession or control of the good. It is made only after confirmation of the payment by the banking organization of the salesman.
The products are delivered to the address indicated by the purchaser on the purchase order, the purchaser will have to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address by making a request by email to firstname.lastname@example.org.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items. If they were damaged, the buyer must refuse the package and note a reserve on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products ...).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the salesman at the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be requested from the seller within 14 days of delivery. Any claim made outside of this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).
Article 13 - Errors of delivery
The purchaser will have to formulate with the salesman the same day of the delivery or at the latest the first wrought day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any claim made after this deadline will be rejected.
The claim can be made by email to email@example.com.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
With reception of the complaint, the salesman will allot a number of exchange of the product (S) concerned (S) and will communicate it by e-mail to the purchaser. The exchange of a product can only take place after the attribution of the exchange number.
In case of delivery error or exchange, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, to the following address Philippe FRANC, 38 impasse Louis Turcan 84120 PERTUIS - FRANCE. The return costs are at the charge of the seller.
Article 14 - Transfer of risks
The property of the sold item is transferred to the buyer as soon as the parties agree on the item and on the price. Consequently, the transfer of property of the products and the risks of loss and deterioration relating to it is carried out, with the load of the purchaser, as of acceptance of the purchase order by the salesman.
Delivery is deemed to have taken place as soon as the products ordered are handed over by the seller to the carrier.
Under these conditions, the buyer shall have no recourse against the seller in the event of non-delivery of the goods transported.
15 Legal guarantee of conformity and legal guarantee of hidden defects
La maison Franc, 38 impasse de Turcan 84120 PERTUIS - France, is guarantor of the conformity of the goods to the contract, allowing the buyer to formulate a request under the legal guarantee of conformity envisaged in articles L. 217-4 and following of the code of the consumption or the guarantee of the defects of the sold thing within the meaning of articles 1641 and following of the civil code.
Article 16 - Right of withdrawal
In accordance with the provisions of the code of consumption, the buyer has a period of 14 working days from the date of delivery of his order, to return any item that does not suit him and ask for an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
The products must however be returned in their original packaging and in perfect condition within 14 days following the notification to the seller of the buyer's decision to withdraw.
The returns are to be made in their original condition and complete (packaging, accessories ...) allowing their remarketing in new condition, accompanied by the purchase order or at least are number to identify the buyer.
The damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised by email to firstname.lastname@example.org. It must be unambiguous and express the desire to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery costs are refunded.
The return costs are at the expense of the buyer.
Exchange is not accepted.
Article 17 - Force majeure
All circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 18 - Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of Philippe FRANC, the only owner of the intellectual property rights on this content.
The buyers commit themselves not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
Article 19 - Data processing and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They can be communicated to the partners of the salesman in charge of the execution, the treatment, the management and the payment of the orders.
The processing of information communicated through the website www.https.//franc1884.com will be subject to a declaration to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on https://franc1884.com/
Article 20 - Partial non-validation
If one or several stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
Article 21 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.
Article 22 - Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23 - Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 24 - Mediation
The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.
Article 25 - Applicable law
The present general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.