PREAMBLE
WWW.FRNCH.FR (“THE WEBSITE”) IS PUBLISHED BY THE COMPANY FRNCH - SARL LUCY WITH CAPITAL OF 71,000 EUROS, WHICH HEAD OFFICE IS LOCATED AT 45 RUE DU CHEMIN VERT 75011 PARIS, REGISTERED IN THE COMMERCE AND PARIS COMPANIES UNDER NUMBER 410 504 336 (HEREINAFTER “FRNCH”).
I - APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
THESE GENERAL CONDITIONS OF SALE (HEREINAFTER THE “CGV”) APPLY EXCLUSIVELY TO ALL SALES OF PRODUCTS AND SERVICES CONCLUDED VIA THE WEBSITE HTTPS://WWW.FRNCH.FR (THE “ITEMS”) BETWEEN FRNCH AND ANY NATURAL PERSON HAVING THE QUALITY OF CONSUMER OR NON-PROFESSIONAL, AND HAVING FULL LEGAL CAPACITY (THE “CUSTOMER”).
THE CUSTOMER IS SUBJECT PRIOR TO ANY ORDER (THE “ORDER”) TO ACKNOWLEDGMENT AND ACCEPTANCE OF THESE GENERAL CONDITIONS OF SALE, THE CGV BEING AVAILABLE ON THE WEBSITE.
THE T&Cs ARE ACCESSIBLE VIA THE DEDICATED MENU ON THE WEBSITE AND THE HYPERTEXT LINK PRESENTED BEFORE ANY PURCHASE AND ACCEPTANCE OF THE T&CS BY THE CUSTOMER.
FRNCH RESERVES THE RIGHT TO ADAPT OR MODIFY THESE CGV AT ANY TIME, THE VERSION OF THE CGV APPLICABLE TO ANY SALE BEING THE THOSE APPEARING ONLINE ON THE WEBSITE WWW.WWW.FRNCH.FR AT THE TIME OF THE ORDER CONCERNED. CONSEQUENTLY, PLACING AN ORDER REQUIRES FULL PRIOR ADHESION AND, WITHOUT RESERVATION, TO THESE CGV BY THE CUSTOMER BY CHECKING THE BOX “I ACCEPT THE GENERAL CONDITIONS AND THE CONFIDENTIALITY POLICY”.
THE CGV ARE ENFORCEABLE TO THE CUSTOMER WHO ACKNOWLEDGES, BY PROCEEDING TO PAYMENT, HAVING ACKNOWLEDGED THEM AND HAVING ACCEPTED THEM BEFORE PLACING THE ORDER.
THESE CGV PREVAIL OVER ANY OTHER DOCUMENT.
II - INFORMATION ON THE WEBSITE AND ACCESSIBILITY OF THE WEBSITE
WWW.FRNCH.FR IS AN ELECTRONIC COMMERCE SITE OWNED AND OPERATED BY FRNCH.
THE WEBSITE IS OPEN TO ALL USERS OF THE INTERNET NETWORK IN PRINCIPLE AND ACCESSIBLE 24/7, EXCEPT INTERRUPTION, SCHEDULED OR NOT, BY FRNCH OR ITS SERVICE PROVIDERS, FOR THE NEEDS OF ITS MAINTENANCE OR IN CASE OF FORCE MAJEURE (SUCH AS DEFINED HEREIN). FRNCH SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE, WHATSOEVER OF THE NATURE, RESULTING FROM THE UNAVAILABILITY OF THE WEBSITE.
FRNCH DOES NOT WARRANT THAT THE WEBSITE WILL BE FREE OF ANOMALIES, ERRORS OR BUGS, OR THAT THE WEBSITE WILL OPERATE WITHOUT FAILURE OR INTERRUPTION. IN THIS REGARD IT MAY FREELY AND IN ITS COMPLETE DISCRETION DETERMINE ANY PERIOD OF UNAVAILABILITY OF THE WEBSITE OR ITS CONTENT. FRNCH CANNOT BE HELD RESPONSIBLE FOR DATA TRANSMISSION, CONNECTION OR NETWORK UNAVAILABILITY PROBLEMS.
III - WARNING
THE SALE OF ITEMS ON THE WEBSITE IS EXCLUSIVELY RESERVED FOR RETAIL AND INDIVIDUAL SALES.
UNDER NO CIRCUMSTANCES CAN THE WEBSITE BE USED BY PROFESSIONAL SELLING CUSTOMERS, SINGLE OR GROUPED, REGARDLESS OF THE METHOD OF MARKETING THEIR PRODUCTS (INTERNET MARKETPLACES, COMMERCIAL GALLERIES, INTERMEDIARIES, PHYSICAL STORES IN PARTICULAR). THE CUSTOMER ACKNOWLEDGES AND CONSEQUENTLY AGREES THAT THE ITEMS CAN ONLY BE PURCHASED IN QUANTITIES CORRESPONDING TO THE AVERAGE NEEDS OF A CONSUMER, AND THIS REGARDING BOTH THE NUMBER OF ITEMS ORDERED IN A SINGLE ORDER AND THE NUMBER OF INDIVIDUAL ORDERS RESPECTING THE USUAL AMOUNT AN AVERAGE CONSUMER SPENDS FOR THE SAME PRODUCT. FRNCH RESERVES THE FACULTY TO REFUSE AN ORDER OBVIOUSLY VALIDATED BY A PROFESSIONAL SELLING CUSTOMER.
ANY CUSTOMER DECLARE BEING INFORMED OF THE LACK OF RELIABILITY OF THE INTERNET NETWORK, ESPECIALLY IN TERMS OF RELATIVE SECURITY IN THE TRANSMISSION OF DATA, NON-GUARANTEED CONTINUITY IN ACCESS TO THE INTERNET SITE, NON-GUARANTEED PERFORMANCE IN TERMS OF VOLUME AND SPEED OF DATA TRANSMISSION AND VIRUS SPREAD.
FRNCH WARNS EACH CUSTOMER OF THE NEED TO IMPLEMENT WITHIN THEIR COMPUTER OR PORTABLE OR MOBILE EQUIPMENT A SOLUTION AND SECURITY MEASURES THAT WILL PREVENT THE SPREAD OF VIRUSES.
THE PROCESS OF A DEFECTIVE OR NON-CONFORMING ITEM (REPLACEMENT OR REFUND) OR THE EXERCISE OF A RIGHT OF WITHDRAWAL CANNOT BE DONE DIRECTLY IN PHYSICAL STORES RESELLING THE FRNCH BRAND.
IT IS MANDATORY TO GO THROUGH THE WEBSITE FOR ALL CLAIMS ON ITEMS PURCHASED ONLINE THROUGH THE WEBSITE.
ALSO, AN ITEM PURCHASED IN ANY OF FRNCH’S RESELLING STORES CANNOT BE SUPPORTED VIA THE SERVICES OF THE WEBSITE.
IV– REGISTRATION ON THE WEBSITE
ANY ADULT CUSTOMER WITH THE CAPACITY TO CONTRACT CAN CREATE A CUSTOMER ACCOUNT FREELY AND FREE OF CHARGE. TO BE ABLE TO PLACE AN ORDER, A CUSTOMER ACCOUNT MUST HAVE BEEN CREATED IN THE “ACCOUNT” SECTION.
A CUSTOMER ACCOUNT IS CREATED BY THE CUSTOMER BY COMPLETING THE FORM PROVIDED TO THEM FOR THEIR IDENTIFICATION DATA. THIS ACCOUNT IS STRICTLY PERSONAL TO THEM AND ALLOWS THEM TO IDENTIFY HIMSELF BEFORE VALIDATING EACH ORDER.
WHEN CREATING THE CUSTOMER ACCOUNT, THE CUSTOMER ENTERS THE DATA WHICH ALLOWS HIS/HER IDENTIFICATION UNDER HIS/HER FULL RESPONSIBILITY, CONTROL AND DIRECTION AND AGREES TO PROVIDE COMPLETE, ACCURATE AND UP-TO-DATE INFORMATION, AND NOT TO IMPROVE THE IDENTITY OF A THIRD PARTIES, OR TO HIDE OR ALTER THEIR AGE. THE CUSTOMER IS REQUIRED TO ALWAYS UPDATE THEIR PERSONAL INFORMATION. IN THE EVENT OF AN ERROR IN THE WORDING OF THE RECIPIENT'S CONTACT INFORMATION, FRNCH CANNOT BE HELD RESPONSIBLE FOR THE IMPOSSIBILITY TO DELIVER PRODUCTS.
WHEN CREATING A CUSTOMER ACCOUNT, THE CUSTOMER CHOOSE THEIR IDENTIFIER (EMAIL) AND PASSWORD.
IF THE CHOSEN IDENTIFIER IS ALREADY ASSIGNED, THE SYSTEM PROMPTS THEM TO CHOOSE ANOTHER.
IDENTIFIERS AND PASSWORDS ARE PERSONAL AND CONFIDENTIAL. THE CUSTOMER IS SOLELY RESPONSIBLE FOR THIS.
THE CUSTOMER AGREES TO KEEP THEIR PASSWORD SECRET AND NOT TO DISCLOSE IT UNDER ANY PRETEXT AND FOR ANY REASON WHATSOEVER.
IF THE CUSTOMER IS SUSPICIOUS OF THE USE OF THE IDENTIFIER AND PASSWORD BY A THIRD PARTY, THE CUSTOMER SHOULD IMMEDIATELY ALERT FRNCH IN ORDER TO CHANGE THEIR PASSWORD AND/OR CHOOSE TO HAVE THEIR CUSTOMER ACCOUNT CLOSED.
FRNCH RESERVES THE POSSIBILITY TO CLOSE ANY CUSTOMER ACCOUNT AND CONSEQUENTLY REFUSE ANY SALE TO A CUSTOMER IN THE FOLLOWING CASES:
· FAILURE TO PAY FOR ONE OR MORE PREVIOUS ORDERS,
· ABUSIVE, UNFAIR OR FRAUDULENT USE OF THE ORDERING SERVICE OFFERED ON THE WEBSITE OR FAILURE TO COMPLY WITH ANY OF THE CUSTOMER'S OBLIGATIONS DEFINED IN THE CGV.
IN THIS CASE, FRNCH SENDS AN EMAIL TO THE CUSTOMER CONCERNED AT THE ADDRESS COMMUNICATED BY THE LATTER WHEN CREATING THEIR CUSTOMER ACCOUNT INFORMING THEM OF THE DEACTIVATION OF THEIR IDENTIFIER AND PASSWORD AND OF THE CLOSING OF THEIR ACCOUNT.
GENERALLY, THE CUSTOMER IS INFORMED THAT THEIR ACCOUNT MAY BE CLOSED FOLLOWING THE CUSTOMER'S FIRST REQUEST SENT BY EMAIL TO FRNCH.
V – PRODUCTS
THE ITEMS AVAILABLE FOR SALE ARE THOSE LISTED ON THE WEBSITE. THEY ARE OFFERED WHILE STOCKS AVAILABLE. OFFERS ARE VALID AS LONG AS THEY ARE VISIBLE ON THE WEBSITE.
FRNCH RESERVES THE RIGHT TO WITHDRAW FROM SALE, AT ANY TIME, ANY ARTICLE ON THIS WEBSITE AND/OR TO REPLACE OR MODIFY ANY INFORMATION ASSOCIATED WITH THE ITEMS APPEARING ON THIS WEBSITE.
IN THE EVENT OF THE UNAVAILABILITY OF AN ITEM, AFTER PLACING THEIR ORDER, THE CUSTOMER WILL BE INFORMED BY EMAIL, THEIR ORDER THEN BEING AUTOMATICALLY CANCELED, WITHOUT POSSIBILITY OF RECOURSE FOR THE CUSTOMER, PAYMENT BEING MADE ONLY ONLY ON ITEMS SHIPPED.
THE CHARACTERISTICS OF THE ITEMS SOLD ON THE WEBSITE (PHOTOGRAPHS, GRAPHICS AND DESCRIPTIONS OF THE ARTICLES, ETC…) ARE GIVEN FOR INDICATIVE PURPOSES AND MAY VARY OVER TIME. ONLY THE VISUAL OF THE ARTICLE DISPLAYED AT THE TIME OF THE ORDER SHOULD BE TAKEN INTO ACCOUNT BY THE CUSTOMER. THE CHARACTERISTICS AND VISUALS ARE NON-CONTRACTUAL.
FRNCH TAKES THE GREATEST CARE IN THE PRESENTATION AND DESCRIPTION OF THESE PRODUCTS TO BEST SATISFY THE CUSTOMER'S INFORMATION. HOWEVER, IT IS POSSIBLE THAT ERRORS MAY APPEAR ON THE WEBSITE, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPT.
FRNCH DOES NOT GUARANTEE THE ACCURACY OR SECURITY OF ANY INFORMATION TRANSMITTED OR OBTAINED THROUGH THE WEBSITE.
VI – ORDER
- 1 STEPS OF CONCLUSION OF THE CONTRACT
THE CONCLUSION OF THE CONTRACT IS OFFERED IN FRENCH AND ENGLISH.
ANY ORDER REQUIRES THE REGISTRATION OF THE CUSTOMER OR THE IDENTIFICATION OF THE CUSTOMER VIA THEIR CUSTOMER ACCOUNT. IT INVOLVE AN OBLIGATION OF PAYMENT.
THE CUSTOMER DECLARE TO BE AT LEAST 18 YEARS OLD AND HAVE LEGAL CAPACITY, OR IF HE IS A MINOR, GUARANTEES TO HAVE PARENTAL AUTHORIZATION TO COMPLETE THEIR ORDER.
TO CONCLUDE THE SALE, THE CUSTOMER MUST:
AFTER HAVING FILLED YOUR VIRTUAL BASKET ON THE WEBSITE (THE “BASKET”) BY INDICATING THE SELECTED PRODUCTS AND THE DESIRED QUANTITIES, CLICK ON “ORDER”;
PROVIDE YOUR NAME, FIRST NAME, TELEPHONE NUMBER AND THE DESIRED DELIVERY AND BILLING ADDRESS;
CHOOSE DELIVERY METHOD;
READ AND ACCEPT THE CGV;
PROCEED TO PAY THE TOTAL PRICE INDICATED BY:
BANK CARD (VISA, CB, MASTERCARD) BY PROVIDING THE NAME ON THE CARD, ITS NUMBER, EXPIRY DATE AND CVC CODE;
OR PAYPAL ACCOUNT.
CLICK ON THE “CONFIRM AND PAY” BUTTON: VALIDATION OF THE ORDER IS CONFIRMATION OF THE CUSTOMER’S ACCEPTANCE OF THE CGV, THE ITEMS PURCHASED, THEIR PRICE AS WELL AS THE ASSOCIATED FEES.
BEFORE CLICKING ON THE “ORDER” BUTTON, THE CUSTOMER HAS THE POSSIBILITY TO CHECK THE DETAILS OF THEIR ORDER AND ITS TOTAL PRICE BY CLICKING ON THE “CONTINUE MY PURCHASES” BUTTON AND ON THE ICON REPRESENTING A CART TO FREELY MODIFY THEIR CART BEFORE VALIDATION OF YOUR ORDER.
AFTER VALIDATION OF THE PAYMENT, FRNCH WILL SEND ASAP TO THE CUSTOMER BY EMAIL ACKNOWLEDGING RECEIPT OF THEIR ORDER (ITEMS, PRICE, QUANTITY) AND OF ITS PAYMENT ACCOMPANIED BY THESE CGV WHICH HAVE BEEN ACCEPTED BY THE CUSTOMER IN PROCEEDING TO PAYMENT. TO THIS END, THE CUSTOMER FORMALLY AGREES TO THE USE OF ELECTRONIC MAIL FOR CONFIRMATION BY FRNCH OF THE CONTENT OF THEIR ORDER.
THE SALE IS FORMED AT THE TIME THE SELLER SENDS CONFIRMATION OF THE ORDER AND RECEIVES PAYMENT FROM THE CUSTOMER.
THE SELLER RESERVES THE RIGHT TO MAKE CHANGES TO THE PRODUCT(S) ORDERED THAT ARE LINKED TO TECHNICAL DEVELOPMENTS UNDER THE CONDITIONS PROVIDED FOR IN ARTICLE R. 212-4 OF THE CONSUMER CODE.
IF THE CUSTOMER DOES NOT RECEIVE ANY ELECTRONIC MAIL FOLLOWING THEIR ORDER, IT IS THEIR RESPONSIBILITY TO CONTACT FRNCH CUSTOMER SERVICE FOLLOWING THE TERMS AND CONDITIONS DESCRIBED IN ARTICLE 12 OF THESE CGV.
FRNCH CANNOT IN ANY CIRCUMSTANCES BE HELD RESPONSIBLE IN THE EVENT OF AN INPUT ERROR OR TRANSMISSION OF AN INPUT ERROR NOT ALLOWING THE DELIVERY OF THE CONFIRMATION EMAIL AND/OR THE ARTICLES.
IT IS RECOMMENDED THAT THE CUSTOMER PRINT THEIR ORDER CONFIRMATION EMAIL.
FOR ANY QUESTIONS RELATING TO THE TRACKING OF AN ORDER, THE CUSTOMER MUST CONSULT THEIR CUSTOMER ACCOUNT ON THE WEBSITE OR CONTACT CUSTOMER SERVICE FOLLOWING THE TERMS DESCRIBED IN ARTICLE 12 OF THESE CGV.
FRNCH COMMITS TO HONORING THE ORDER WITHIN 24 HOURS (EXCLUDING WEEKENDS AND BANK HOLIDAYS IN FRANCE) WITHIN AVAILABLE STOCKS. HOWEVER, WE INFORM YOU THAT THIS PREPARATION TIME MAY BE EXTENDED IN CASE OF HEAVY PERIOD OF ACTIVITY. IF THE ITEM(S) ORDERED IS UNAVAILABILITY, FRNCH UNDERTAKES TO REFUND THEM.
THE GOODS REMAIN THE PROPERTY OF THE SELLER UNTIL THEIR PRICE IS FULLY PAYED.
VI - 2 ARCHIVING AND PROOF
PURSUANT TO ARTICLE L. 134-2 OF THE CONSUMER CODE, ANY CONTRACT WHICH THE ORDER IS FOR AN AMOUNT EQUAL OR GREATER THAN ONE HUNDRED AND TWENTY (120) EUROS AND CONSISTING OF THE ORDER CONFIRMATION AND THESE CGV WILL BE RETAINED FROM ITS CONCLUSION UNTIL DELIVERY AND FOR A PERIOD OF TEN (10) YEARS FROM DELIVERY. THE CUSTOMER MAY REQUEST ACCESS AT ANY TIME DURING THE ABOVE-MENTIONED PERIOD BY CONTACTING THE SELLER WHOSE CONTACT DETAILS APPEAR IN ARTICLE 12 OF THESE CGV.
VII – REFUSAL TO PROCESS AN ORDER
FRNCH RESERVES THE RIGHT TO REMOVE ANY ARTICLE POSTED ON THE WEBSITE AT ANY TIME AND TO REPLACE OR MODIFY ANY CONTENT OR INFORMATION APPEARING THEREON. DESPITE FRNCH'S BEST EFFORTS TO SATISFY THE EXPECTATIONS OF ITS CUSTOMERS, IT MAY BE LEAD TO REFUSE TO PROCESS AN ORDER AFTER HAVING SENT THE CUSTOMER THE CONFIRMATION EMAIL SUMMARIZING THE ORDER.
THE SELLER RESERVES THE RIGHT TO REFUSE ANY ORDER FOR LEGITIMATE REASONS, PARTICULARLY IF THE QUANTITIES OF PRODUCTS ORDERED ARE ABNORMALLY HIGH FOR BUYERS WHO ARE CONSUMERS OR NON-PROFESSIONALS.
FRNCH SHALL NOT BE HELD LIABLE TOWARDS THE CUSTOMER OR ANY THIRD PARTY DUE TO THE DECISION TO REMOVE AN ARTICLE FROM THE WEBSITE, OR DUE TO THE DECISION TO REPLACE OR MODIFY ANY CONTENT OR INFORMATION APPEARING ON THIS WEBSITE, OR FOR REFUSAL TO PROCESS AN ORDER AFTER SENDING THE CONFIRMATION EMAIL SUMMARIZING THE ORDER.
VIII – PRICES AND PAYMENT TERMS
THE PRICES OF THE ITEMS ARE INDICATED ON THE WEBSITE IN EUROS, ALL TAXES INCLUDED EXCLUDING PROCESSING COSTS AND EXCLUDING SHIPPING COSTS.
THE TOTAL PRICE OF THE ORDER ( ANY DISCOUNTS APPLICABLE ON THE DAY OF ORDER, ALL TAXES AND SHIPPING COSTS INCLUDED) IS INDICATED IN THE BASKET. THE AMOUNT OF SHIPPING COSTS IS SPECIFIED ON THE WEBSITE BEFORE VALIDATION OF THE ORDER.
ALL PRODUCT PRICES TAKE ACCOUNT OF THE VALUE ADDED TAX (VAT) IN FORCE ON THE DAY OF VALIDATION OF THE ORDER AND APPLICABLE IN FRANCE.
FRNCH RESERVES THE RIGHT TO MODIFY ITS PRICES AT ANY TIME BUT THE PRODUCTS WILL BE INVOICED ON THE BASIS OF THE RATES IN EFFECT AT THE TIME OF REGISTRATION OF THE ORDER, SUBJECT TO AVAILABILITY. THE PRICE OF THE ITEMS INVOICED IS THEREFORE THAT INDICATED WHEN ORDERING.
THE ITEMS REMAIN THE ENTIRE PROPERTY OF FRNCH UNTIL FULL PAYMENT OF THE PRICE, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPT.
PROMOTIONAL OFFERS OFFERED ON EACH ORDER BY FRNCH ARE NOT CUMULATIVE.
THE DURATION OF VALIDITY OF THE OFFERS AND PRICES IS DETERMINED BY THE UPDATING OF THE WEBSITE. FRNCH WILL NOT REFUND ANY POSSIBLE PRICE DIFFERENCE BETWEEN THE TIME THE ORDER WAS PLACED AND A LATER PRICE DROP.
THE ORDER IS PAYABLE IMMEDIATELY, BY BANK CARD (CB, VISA, MASTERCARD) OR WITH PAYPAL.
PAYMENTS MADE BY BANK CARD AND WHICH CURRENCY IS EURO ARE SECURED BY THE PAYPLUG PAYMENT SYSTEM. ALL INFORMATION NECESSARY TO PROCESS THE PAYMENT IS ENCRYPTED USING THE TLS (TRANSPORT LAYER SECURITY) PROTOCOL. THEY ARE NOT STORED ON FRNCH’S COMPUTER SERVERS.
PAYPLUG IS A SIMPLIFIED SHARES COMPANY REGISTERED IN THE PARIS RCS UNDER NUMBER 751 658 881 AND WHICH HEAD OFFICE IS AT 23 RUE JEAN-JACQUES ROUSSEAU - 75001 PARIS (FRANCE). FOR ANY ADDITIONAL INFORMATION: HTTPS://WWW.PAYPLUG.COM/FR/
THE CUSTOMER CONFIRMS THAT HE IS THE HOLDER OF THE BANK CARD TO BE DEBITTED AND THAT THE NAME APPEARING ON THE BANK CARD IS ACTUALLY HIS OWN.
ALL TRANSACTIONS ARE SECURED BY THIS SOLUTION WHICH PRESENTS HIGHLY SECURE PAGES FOR ENTERING PAYMENT DATA: CARD NUMBER, EXPIRATION DATE AND VISUAL CRYPTOGRAM.
FOR FINALIZING THE PAYMENT, OBTAINING A SECURITY CODE IS REQUIRED. THE CUSTOMER RECEIVES IT BY E-MAIL, TELEPHONE OR SMS. HE MUST THEREFORE MAKE SURE THAT HIS CONTACT DETAILS ARE PROPERLY PROVIDED WITH HIS BANKING INSTITUTION.
THIS PLATFORM ENCRYPTS THEN TRANSMITS THIS PAYMENT DATA TO THE BANK, IN COMPLETE CONFIDENTIALITY AND MAKES THEM INACCESSIBLE TO A THIRD PARTY.
THE CUSTOMER EXPRESSLY ACKNOWLEDGES THAT PROVIDING HIS BANK CARD NUMBER TO FRNCH IS AUTHORIZATION TO DEBIT HIS ACCOUNT UP TO THE PRICE OF THE ITEMS ORDERED. IF APPLICABLE, THE ORDER IS AUTOMATICALLY CANCELED FOR FAILURE TO PAY.
THE DATA RECORDED AND KEPT BY FRNCH CONSTITUTE PROOF OF THE ORDER AND OF ALL PAST SALES. THE DATA RECORDED BY PAYPLUG CONSTITUTE PROOF OF ANY FINANCIAL TRANSACTION TAKEN BETWEEN THE CUSTOMER AND FRNCH.
WHEN A VALIDATED AND PAID ORDER INCLUDES ONE OR MORE WRONG ELEMENTS (PRICE, DESCRIPTION, PHOTO, COUPON, etc.), FRNCH RESERVES THE RIGHT TO CANCEL AND REFUND IT.
IX – DELIVERY
THE ITEMS FOR SALE ON THIS WEBSITE ARE ONLY AVAILABLE FOR DELIVERY TO THE FOLLOWING COUNTRIES: METROPOLITAN FRANCE, INCLUDING CORSICA, MONACO, CERTAIN EUROPEAN COUNTRIES (GERMANY, AUSTRIA, BELGIUM, CYPRUS, DENMARK, SPAIN, ESTONIA, LATVIA, LITHUANIA, ICELAND, FINLAND, HUNGARY, IRELAND, ITALY, LUXEMBOURG, MALTA, NORWAY, NETHERLANDS, POLAND, PORTUGAL , THE CZECH REPUBLIC, THE REPUBLIC OF IRELAND, THE UNITED KINGDOM, SLOVAKIA, SLOVENIA, SWEDEN, SWITZERLAND) AND THE DOM (REUNION, MARTINIQUE, GUADELOUPE).
DELIVERIES ARE PROVIDED BY COLISSIMO AND MONDIAL RELAY SERVICES FROM MONDAY TO FRIDAY, DEPENDING ON THE OPTION CHOSEN BY THE CUSTOMER WHEN VALIDATION OF THEIR ORDER AND AT THE CUSTOMER'S EXPENSE.
THE CUSTOMER WILL RECEIVE AN ORDER NUMBER BY E-MAIL CONFIRMING PROPER PROVISION. THE CUSTOMER WILL BE INFORMED OF THE DIFFERENT STEPS OF THEIR ORDER BY EMAIL.
SHIPMENTS ARE ANNOUNCED BY EMAIL TO THE CUSTOMER, TO THE EMAIL ADDRESS PROVIDED BY THE CUSTOMER ON THEIR CUSTOMER ACCOUNT.
THE ITEMS ORDERED WILL BE DELIVERED WITHIN A MAXIMUM TIME OF 30 CALENDAR DAYS FROM REGISTRATION OF THE ORDER, SUBJECT TO FULL PAYMENT OF THE PRICE.
THE RISK OF LOSS OR DETERIORATION OF THE ITEMS DURING DELIVERY IS TRANSFERRED TO THE CUSTOMER WHEN THE ORDER IS DELIVERED TO THE CARRIER WHEN THE CARRIER IS RESPONSIBLE FOR TRANSPORT BY THE CUSTOMER AND NOT BY FRNCH. FOR ALL CLAIMS CONCERNING THE TRANSPORT OF PACKAGES (DELAY, LOSS, DAMAGE), THE CUSTOMER MUST THEREFORE CONTACT THE CARRIER.
IF THE CUSTOMER CHOOSES DELIVERY BY CARRIER:
· THANKS TO THE SHIPPING NUMBER, THE CUSTOMER CAN FOLLOW THE PATH OF THEIR PACKAGE ON THE WEBSITE OF THE CARRIER CHOSEN BY THE CUSTOMER.
· DELIVERY IS MADE TO THE DELIVERY ADDRESS INDICATED BY THE CUSTOMER, PROVIDED THAT THIS MUST BE THE RESIDENCE ADDRESS OF THE CUSTOMER, OF A NATURAL PERSON OF HIS CHOICE OR OF A LEGAL ENTITY (DELIVERY TO HIS BUSINESS). DELIVERY CANNOT BE MADE TO HOTELS OR P.O. BOXES.
· THE CUSTOMER IS INFORMED THAT IT IS THEIR RESPONSIBILITY TO PROVIDE EXACTLY ALL THE DETAILS NECESSARY FOR THE PROPER DELIVERY OF THEIR ORDER AND PERFECT DELIVERY (ACCESS CODE, ACCESS SPECIFICATION FOR EXAMPLE).
· IF THE CUSTOMER IS ABSENT DURING DELIVERY, A PASSING NOTICE INFORMS THE CUSTOMER OF THE TERMS OF CONSERVATION OF THEIR PACKAGE AND ITS MAKE AVAILABLE, UNDER THE FULL AND EXCLUSIVE RESPONSIBILITY OF THE CARRIER.
· IF THE DELIVERY ADDRESS PROVIDED BY THE CUSTOMER IS NOT VALID AND THEREFORE RESULTS IN A RETURN OF THE PACKAGE FOR NON-RECEIPTION AT THE ADDRESS INDICATED, THE COSTS OF RE-SHIPPING THE PACKAGE TO THE NEW ADDRESS TRANSMITTED WILL BE BORNE BY THE CUSTOMER.
· A DELIVERY VOTE IS INCLUDED IN THE PACKAGE, SUMMARIZING THE ITEMS ORDERED AND ACTUALLY DELIVERED.
· THE CUSTOMER ASSUMES FULLY AND EXCLUSIVELY THE RISKS RELATING TO THE ITEMS FROM THEIR DELIVERY. DELIVERY MEANS THE TRANSFER OF PHYSICAL POSSESSION OF THE ITEMS TO THE CUSTOMER (“DELIVERY”).
THE ITEMS ARE DELIVERED TO THE DELIVERY ADDRESS INDICATED BY THE CUSTOMER WHEN ORDERING NO LATER THAN THE DATE INDICATED WHEN ORDERING, DEPENDING ON THE COUNTRY OF DELIVERY.
FRNCH MAKES EVERY EFFORT TO DELIVER THE ORDER WITHIN A MAXIMUM TIME OF 30 DAYS AND COMMITS THAT DELIVERY WILL BE MADE WITHIN 4 (FOUR) WORKING DAYS IN METROPOLITAN FRANCE AND 20 (TWENTY) WORKING DAYS FOR INTERNATIONAL DELIVERY , FROM THE ORDER AND COMMITS THAT DELIVERY WILL BE MADE WITHIN A MAXIMUM PERIOD OF 30 CALENDAR DAYS.
IN THE EVENT OF DELIVERY DELAY OF MORE THAN 7 WORKING DAYS IN ACCORDANCE WITH THE ABOVE-MENTIONED MAXIMUM TIME PERIOD, THE CUSTOMER MAY CONTACT FRNCH BY E-MAIL TO REQUEST DELIVERY WITHIN A REASONABLE ADDITIONAL TIME PERIOD. IF THIS NEW DEADLINE IS NOT COMPLIED, THE CUSTOMER MAY REQUEST FRNCH BY E-MAIL TO CANCEL THEIR ORDER.
THE CONTRACT AND THEREFORE THE SALE WILL BE CONSIDERED TERMINATED UPON RECEIPT BY FRNCH OF THE EMAIL OR A LETTER BY WHICH THE CUSTOMER INFORMS THEM OF HIS DECISION UNLESS DELIVERY HAS OCCURRED BETWEEN THE SENDING AND RECEIPT OF THE CUSTOMER'S EMAIL OR LETTER.
IN THE HYPOTHESIS WHERE THE ORDER IS DEFINITELY CANCELED, THE CUSTOMER WILL OBTAIN A REFUND OF THE PRICE PAID FOR THEIR ORDER WITHIN 30 DAYS FOLLOWING THE CANCELLATION CONFIRMED BY E-MAIL.
IN THE HYPOTHESIS WHERE THE CUSTOMER RECEIVES THE PACKAGE AFTER THE CANCELLATION OF THEIR ORDER, FRNCH WILL REFUND THE ITEMS EXCLUDING RETURN COSTS, UPON RECEIPT OF THEM IN THEIR PERFECT ORIGINAL CONDITION.
EACH DELIVERY IS DEEMED TO BE MADE AS SOON AS THE PACKAGE IS AVAILABLE TO THE CUSTOMER, IN PARTICULAR BY THE CARRIER, AS MATERIALIZED BY THE CONTROL SYSTEM USED BY THE CARRIER.
IF THE PACKAGE IS DAMAGED OR IF THE ITEM DOES NOT CORRESPOND TO THE CUSTOMER'S ORDER, THE CUSTOMER MUST INITIATE THE RETURN PROCEDURE DESCRIBED IN ARTICLE 10 BELOW WITHIN 30 CALENDAR DAYS AFTER SHIPPING.
IN THE CASE OF DELIVERY BY A CARRIER REQUIRING AN APPOINTMENT WITH THE CUSTOMER, THE CARRIER WILL CONTACT THE CUSTOMER AS SOON AS POSSIBLE TO ARRANGEMENT ON A DELIVERY APPOINTMENT, NO LATER THAN 30 DAYS FROM THE ORDER VALIDATION DATE.
FRNCH CANNOT BE HELD RESPONSIBLE FOR DELAYS IN DELIVERY NOT OF ITS FACT, JUSTIFIED BY A CASE OF FORCE MAJEURE (AS DEFINED BELOW) OR DUE EXCLUSIVELY TO UNAVAILABILITY OF THE CUSTOMER AFTER SEVERAL APPOINTMENT PROPOSALS BY THE CARRIER. ALSO, FRNCH CANNOT BE HELD RESPONSIBLE FOR DAMAGABLE CONSEQUENCES FOLLOWING A DELAY IN DELIVERY, ONLY REIMBURSEMENT OF THE ITEM BY FRNCH BEING POSSIBLE TO THE EXCLUSION OF ANY OTHER FORM OF COMPENSATION.
IF ON THE SAME ORDER, THE DELIVERY DATES OF SEVERAL ITEMS DIFFER, THE DELIVERY DATE IS BASED ON THE FAREST DATE FROM THE ORDER DATE.
X – RETURNS
ANY COMPLAINTS REGARDING THE ARTICLES, PARTICULARLY IN THE CASE OF DEFECTIVE, DAMAGED, NON-CONFORMING ITEMS OR APPARENT DEFECT(S), MUST BE NOTIFIED BY THE CUSTOMER TO FRNCH WITHOUT DELAY BY TELEPHONE, MAIL OR EMAIL TO THE CONTACT DETAILS FEATURED ON THE WEBSITE OR IN ARTICLE 12, SPECIFYING THE ARTICLE(S) CONCERNED, THE NATURE AND TYPE OF DEFECT.
IT IS THE CUSTOMER'S RESPONSIBILITY TO PROVIDE ALL PROFESSIONAL EVIDENCE ON THE REALITY OF THE DEFECT OBSERVED. THE CUSTOMER MUST VERY PRECISELY REPORT HIS RESERVATIONS AND COMPLAINTS IN A SUFFICIENT MANNER TO ALLOW FRNCH TO VERIFY THEIR REALITY. FRNCH MAY REQUEST ONE OR MORE PHOTOS OF THE PRODUCT.
IN THE EVENT OF A RECOVERY ACCEPTED BY FRNCH, PARTICULARLY IN THE EVENT OF A LACK OF CONFORMITY, THE CUSTOMER WILL HAVE THE CHOICE BETWEEN REPAIR OF THE ITEM IF POSSIBLE, REFUND OR REPLACEMENT OF THE ITEM WITH AN EQUIVALENT ARTICLE OFFERED BY FRNCH.
IN ACCORDANCE WITH THE PROVISIONS OF THE CONSUMER CODE, FRNCH MAY NOT PROCEED ACCORDING TO THE CUSTOMER'S CHOICE (REPAIR OR REPLACEMENT) IF THIS CHOICE RESULTS IN A COST MANIFESTLY DISPROPORTIONATE WITH REGARD TO THE OTHER MODALITY, TAKING INTO ACCOUNT THE VALUE OF THE ITEM OR OF THE IMPORTANCE OF THE DEFECT. IF REPAIR AND REPLACEMENT ARE IMPOSSIBLE, THE CUSTOMER MAY RETURN THE ITEM (USING THE RETURN VOUCHER) AND HAVE THE PRICE RETURNED OR KEEP THE ITEM AND HAVE PART OF THE PRICE RETURNED.
A RETURN VOUCHER CAN BE OBTAINED IN THE FOLLOWING CASES:
· IF THE PACKAGE IS DAMAGED (AND IN THIS CASE, THE CUSTOMER MUST REFUSE DELIVERY OR HAVE A DAMAGE CERTIFICATE PROVIDED BY THE CARRIER OR NOTIFY ANY RESERVATIONS ON THE PRODUCTS DELIVERED TO THE CARRIER AND TO FRNCH). FOR THIS, IT IS IMPERATIVE TO MAKE A RESERVATION UPON DELIVERY, DETAILING THE CONDITION OF THE PACKAGE ON THE DELIVERY ORDER (TAKE A PHOTO OF THE DAMAGED PACKAGE IS HIGHLY RECOMMENDED IN THE EVENT OF A DISPUTE WITH THE CARRIER);
· IF THE ITEM DELIVERED IS DIFFERENT FROM THE ONE WHICH WAS ORDERED;
· IF THE DELIVERED ITEM PRESENTS A LACK OF CONFORMITY (DEFECTIVE, DAMAGED OR APPARENT DEFECT).
IN THE CASES STATED ABOVE, THE CUSTOMER MAY RETURN SAID ARTICLE USING THE RETURN VOUCHER CORRESPONDING TO THE RETURNED ARTICLE:
· THE RETURN VOUCHER, VALID NO LATER THAN 30 DAYS FOLLOWING DISPATCH OF THE ORDER, CAN BE OBTAINED FROM FRNCH CUSTOMER SERVICE, CONTACT DETAILS INDICATED IN ARTICLE 12;
· THE CUSTOMER MUST COMPLETE THE FORM PROVIDED FOR THIS PURPOSE, PRINT IT AND INSERT IT IN THE PACKAGE TO BE RETURNED; NO RETURN CAN BE VALIDATED WITHOUT THIS;
· ANY CLAIM MADE AFTER THIS PERIOD CANNOT BE ACCEPTED AND FRNCH WILL BE RELEASED OF ANY RESPONSIBILITY;
· THIS REFUND PROCEDURE IS EXCLUSIVE TO ANY EXCHANGE, IN ORDER TO SAVE THE CUSTOMER FROM THE DEADLINES AND CONDITIONS OF EXCHANGE PROCEDURES LIKELY TO PRESENT A MAJOR INCONVENIENCE FOR THE LATTER.
· THE CUSTOMER MUST RETURN THE NON-CONFORMING ITEM TO OBTAIN THE PRICE OF THEIR ITEM REFUNDED.
· FRNCH PAYS THE COSTS OF RETURN BY TRACKED PACKAGE: TO THIS PURPOSE, THE CUSTOMER MUST CONTACT CUSTOMER SERVICE (FOLLOWING THE TERMS DESCRIBED IN ARTICLE 12 OF THESE CGV) TO RECEIVE A PREPAID POSTAL LABEL; IN NO EVENT WILL FRNCH PROCEED WITH A REFUND OF RETURN POSTAGE COSTS DIRECTLY PAID BY THE CUSTOMER TO THE POST.
THE CUSTOMER MUST SHIP THEIR NON-CONFORMING ITEM(S) IN THE ORIGINAL PACKAGING OF THE ARTICLES, TO THE FOLLOWING ADDRESS:
SARL LUCY / FRNCH
E-SHOP RETURNS SERVICE
94 BOULEVARD DE SEBASTOPOL
75003 PARIS
THE CUSTOMER CAN DROP THEIR RETURN PACKAGE:
· IN POST OFFICE (PARCEL LESS OR EQUAL TO 30 KG).
THE CUSTOMER CAN THEN FOLLOW THE DELIVERY OF THEIR PACKAGE ON WWW.COLISSIMO.FR.
ANY NON-COMPLIANT RETURN (WITHOUT THE RETURN FORM AND WITHOUT THE LABELS ATTACHED TO THE ITEM ) OR UNFIT FOR RESALE (DAMAGED, DAMAGED, USED OR SOILED BY THE CUSTOMER) WILL BE REJECTED AND FRNCH WILL BE RELEASED OF ANY RESPONSIBILITY.
THE ITEMS MUST BE RETURNED PROPERLY PROTECTED, IN THEIR ORIGINAL PACKAGING (A CAREFULLY OPENED PACKAGING WILL NOT BE CONSIDERED DAMAGED PACKAGING), ACCOMPANIED BY THEIR LABEL ATTACHED TO THE GARMENT AND UNCUT AND THE PROTECTIVE FILM. THE CUSTOMER MUST RETURN THE ITEMS BY A MEANS OF DELIVERY THAT CAN ENSURE THEIR PROTECTION AND PRESERVE THEIR PERFECT CONDITION.
ONCE THE VERIFICATION OF THE RETURNED ITEMS HAS BEEN COMPLETED, FRNCH UNDERTAKES TO REFUND THE CUSTOMER FOR THE ENTIRE AMOUNTS PAID, INCLUDING SHIPPING, FOR THEIR ORDER, AS SOON AS THE BEST DELAYS AND AT THE LATER THAN WITHIN THIRTY (30) CALENDAR DAYS FOLLOWING THE DATE OF RECEIPT OF THE RETURN PACKAGE, TO THE CUSTOMER'S BANK OR PAYMENT ACCOUNT USED FOR PAYMENT OF THE ITEMS.
DELIVERY COSTS THAT MAY HAVE BEEN CHARGED DURING SHIPPING WILL BE REFUNDED IF THE ENTIRE ORDER IS RETURNED. HOWEVER, IF YOUR ORDER CONTAINS SEVERAL ITEMS AND YOU ONLY WISH TO RETURN A PART OF THEM, THESE DELIVERY COSTS WILL NOT BE REFUNDED TO YOU.
THE RESPONSIBILITY OF FRNCH AND THE WARRANTY ARE EXCLUDED IN THE EVENT OF A DEFECT RESULTING FROM THE USE OF THE ARTICLE BY THE CUSTOMER AND IN PARTICULAR FROM ABNORMAL USE, POOR MAINTENANCE OR NON-COMPLIANCE WITH THE CONDITIONS OF MAINTENANCE AND PRECAUTIONS OF USE COMMUNICATED OR MADE AVAILABLE TO THE CUSTOMER BY FRNCH OR THE MANUFACTURER OF THE ITEM, NEGLIGENCE, MISCONDUCT OR FAILURE OF THE CUSTOMER TO ITS CONTRACTUAL OBLIGATIONS, UNFOREETABLE AND UNSURRIMABLE ACT OF A THIRD PARTY UNDER THE CONTRACT OR FORCE MAJEURE.
XI – RIGHT OF WITHDRAWAL
IN ACCORDANCE WITH ARTICLE L221-18 OF THE CONSUMER CODE, THE CUSTOMER HAS A PERIOD OF FOURTEEN (14) DAYS TO EXERCISE THEIR RIGHT OF WITHDRAWAL, WITHOUT HAVING TO PROVIDE ANY REASONS.
THIS PERIOD STARTS FROM RECEIPT OF THE ITEM(S) BY THE CUSTOMER. IN THE CASE OF AN ORDER FOR SEVERAL ITEMS DELIVERED SEPARATELY, THE TIME STARTS FROM THE DAY WHEN THE CUSTOMER RECEIVED THE LAST ITEM.
THE CUSTOMER MUST NOTIFY FRNCH OF THE EXERCISE OF THIS RIGHT. TO DO THIS, THE CUSTOMER MUST:
CONNECT TO YOUR CUSTOMER AREA;
ACCESS THE “MY ORDERS” SECTION OF YOUR CUSTOMER AREA;
SELECT “MAKE A RETURN” NEXT TO THE ORDER CONCERNED. THE ORDER MUST BE IN “DELIVERED” STATUS TO BE ABLE TO REQUEST A RETURN;
SELECT THE ITEM(S) YOU WISH TO RETURN AND INDICATE THE REASON FOR THEIR RETURN.
FRNCH PROVIDES THE CUSTOMER WITH A PREPAID SHIPPING LABEL FOR THE RETURN PACKAGE, ONLY FOR FRANCE VIA THE CARRIER COLISSIMO.
OUTSIDE OF THIS OPTION, AND AT HIS DISCRETION, THE CUSTOMER HAS THE OPTION TO RETURN THE ITEM(S) BY THE CARRIER OF HIS CHOICE, TO THE FOLLOWING ADDRESS:
SARL LUCY / FRNCH
E-SHOP RETURNS SERVICE
94 BOULEVARD DE SEBASTOPOL
75003 PARIS
THE CUSTOMER IS REQUIRED TO KEEP THE PROOF OF SENDING AND THE TRACKING NUMBER OF THE RETURNED PACKAGE, FRNCH NOT BEING RESPONSIBLE FOR THE RETURN.
UPON RECEIPT OF THE PACKAGE, FRNCH JUDGES THE PERFECT CONDITION OF THE RETURNED ITEM(S). THE ITEMS MUST BE RETURNED PROPERLY PROTECTED, IN THEIR ORIGINAL PACKAGING (A CAREFULLY OPENED PACKAGING WILL NOT BE CONSIDERED DAMAGED PACKAGING), ACCOMPANIED BY THEIR LABEL AND PROTECTIVE FILM. DAMAGED, SOILED OR INCOMPLETE ITEMS ARE NOT TAKEN BACK. IF AN ARTICLE HAS BEEN DAMAGED DUE TO MANIPULATIONS OTHER THAN THOSE NECESSARY TO ESTABLISH THE CHARACTERISTICS AND PROPER FUNCTIONING OF THE ARTICLE, FRNCH RESERVES THE RIGHT TO REFUSE THE RETURN.
IF THE RIGHT OF WITHDRAWAL IS EXERCISED BY THE CUSTOMER UNDER THE ABOVE-MENTIONED CONDITIONS, FRNCH WILL REFUND THE CUSTOMER THE PRICE OF THE RETURNED ITEM(S) AS WELL AS SHIPPING COSTS. RETURN COSTS, INCLUDING POSSIBLE CUSTOMS FEES AND TAXES, REMAINING BEYOND THE CUSTOMER EXCEPT THOSE OFFERED BY FRNCH TO THE CUSTOMER VIA THE CARRIER COLISSIMO UNDER THE ABOVE-MENTIONED CONDITIONS.
AFTER VERIFICATION OF THE PRODUCTS, FRNCH WILL PROCEED WITH A REIMBURSEMENT ASAP, AND IN ANY CASE, WITHIN FOURTEEN (14) DAYS FOLLOWING RECEIPT OF THE ITEM(S). UNLESS THE CUSTOMER REQUESTS OTHERWISE EXPRESSLY ACCEPTED BY FRNCH, THE REFUND IS MADE VIA THE SAME PAYMENT METHOD AS THAT USED FOR THE INITIAL ORDER.
XII – CUSTOMER SERVICE
FOR ANY INFORMATION OR QUESTIONS, FOR ORDER FOLLOW-UP, FOR EXERCISE OF THE RIGHT OF WITHDRAWAL OR FOR A RETURN, THE CUSTOMER MUST CONTACT CUSTOMER SERVICE BY EMAIL AT SERVICECLIENTS@FRNCH.FR SPECIFYING THE SUBJECT (WITHOUT, RETURN, ORDER TRACKING, OR OTHER REQUEST CONCERNING THE E-SHOP) FROM MONDAY TO FRIDAY FROM 9:30 A.M. TO 6 P.M. EXCLUDING HOLIDAYS.
XIII – GUARANTEES
FRNCH'S LIABILITY WITH RESPECT TO ANY ITEM PURCHASED ON THE WEBSITE IS STRICTLY LIMITED TO THE PURCHASE PRICE OF IT. FRNCH WILL NOT BE LIABLE IN ANY EVENT FOR THE FOLLOWING LOSSES, REGARDLESS OF THEIR ORIGIN:
· LOSS OF REVENUE OR SALES
· OPERATING LOSS
· LOSS OF PROFITS OR CONTRACTS
· LOSS OF PLANNED SAVINGS
· DATA LOSS
· LOSS OF WORKING OR MANAGEMENT TIME
· IMAGE DAMAGE
· LOSS OF CHANCE
· MORAL INJURY.
THE DOCUMENTS, DESCRIPTIONS AND INFORMATION RELATING TO THE ITEMS APPEARING ON THE WEBSITE ARE NOT COVERED BY ANY WARRANTY, EXPRESS OR IMPLIED, EXCEPT THE WARRANTIES PROVIDED BY LAW.
FRNCH IS ONLY REQUIRED TO DELIVER ITEMS THAT COMPLY WITH THE CONTRACTUAL PROVISIONS. THE ARTICLES ARE CONSIDERED TO COMPLY WITH THE CONTRACTUAL PROVISIONS IF THE FOLLOWING CONDITIONS ARE MET:
(I) THEY MUST CONFORM TO THE DESCRIPTION AND HAVE THE CHARACTERISTICS DISPLAYED ON THE WEBSITE;
(II) THEY MUST BE SUITABLE FOR THE PURPOSES FOR WHICH PRODUCTS OF THIS KIND ARE GENERALLY DESIGNED;
(III) THEY MUST MEET THE CRITERIA OF QUALITY AND RESISTANCE WHICH ARE GENERALLY ACCEPTED FOR PRODUCTS OF THE SAME KIND AND WHICH CAN BE REASONABLY EXPECTED.
IN ADDITION, FRNCH GUARANTEES CONSUMERS AGAINST CONFORMITY DEFECTS AND HIDDEN DEFECTS FOR ITEMS FOR SALE ON THE WEBSITE UNDER THE FOLLOWING CONDITIONS:
APPARENT DEFECT
THE PRESENCE OF AN APPARENT DEFECT ON AN ARTICLE MUST GIVE RISE TO A COMPLAINT TO FRNCH CUSTOMER SERVICE (CONTACT DETAILS SPECIFIED IN ARTICLE 12) WITHIN THREE WORKING DAYS FOLLOWING DELIVERY. ANY CLAIM MUST EXPLAIN THE DEFECT CONCERNED.
OTHERWISE, NO CLAIM IS ADMISSIBLE, AND NO RETURN OR EXCHANGE IS POSSIBLE.
THE ITEM MUST BE RETURNED, IN ITS ORIGINAL PACKAGING, IN ITS ORIGINAL CONDITION, NEW, UNWORN, UNWASHED, WITH THE REFERENCES OF THE INITIAL ORDER AND COPY OF THE CLAIM TO THE ADDRESS OF THE FRNCH OFFICES, AFTER SENDING AN ELECTRONIC MAIL REPORTING THE APPARENT DEFECT IN THE ARTICLE REFERRED TO ABOVE.
CASES OF APPARENT DEFECT CONFIRMED BY FRNCH GIVE RISE, DEPENDING ON THE CONTENT OF THE CUSTOMER'S CLAIM, TO EITHER THE ESTABLISHMENT OF A CREDIT FOR THE BENEFIT OF THE CUSTOMER, OR TO THE REPLACEMENT OF THE ITEM, OR TO THE PURE AND SIMPLE REFUND OF THE PRICE TO THE CUSTOMER WITHIN 30 DAYS.
IF THE RETURN PROCEDURE IS NOT FOLLOWED, NO EXCHANGE OR REFUND OR CREDIT IS POSSIBLE.
NON-COMPLIANCE – HIDDEN DEFECTS
SUBJECT TO THE VALIDATION OF NON-CONFORMITY OR A HIDDEN DEFECT BY FRNCH OR THE MANUFACTURER AS APPLICABLE, THE ITEMS PROVIDED BY THE SELLER BENEFIT OF FULL RIGHTS AND WITHOUT ADDITIONAL PAYMENT, INDEPENDENTLY OF THE RIGHT OF WITHDRAWAL, IN ACCORDANCE WITH THE LEGAL DISPOSITIONS :
- OF THE LEGAL GUARANTEE OF CONFORMITY, FOR THE ARTICLE APPARENTLY DEFECTIVE, DAMAGED OR DAMAGED OR NOT CORRESPONDING TO THE ORDER. THIS WARRANTY COVERS DEFECTS IN CONFORMITY OF THE ITEM AND PACKAGING. THE LEGAL GUARANTEE OF CONFORMITY ALLOWS THE CUSTOMER TO:
- ACT AGAINST THE SELLER, WITHIN TWO (2) YEARS OF DELIVERY OF THE ITEM AND WITHOUT COST.
- CHOOSE BETWEEN REPAIR AND REPLACEMENT OF THE ITEM ORDERED IF IT DOES NOT CONFORM TO THE ORDER, SUBJECT TO THE COST CONDITIONS PROVIDED FOR IN ARTICLE L. 217-9 OF THE CONSUMER CODE. FRNCH MAY REPLACE THE NON-CONFORMING ITEM. IF REPLACEMENT IS IMPOSSIBLE WITHIN ONE MONTH FOLLOWING THE CLAIM OR IF THE CUSTOMER MAKES A REASONED REQUEST, THE CUSTOMER MAY REQUEST A REIMBURSEMENT OF THE PRICE OF THE ITEM.
- BE EXEMPTED FROM PROVIDING PROOF OF THE EXISTENCE OF THE LACK OF CONFORMITY OF THE ARTICLE DURING THE TWENTY-FOUR (24) MONTHS FOLLOWING DELIVERY OF THE ARTICLE.
- THE LEGAL GUARANTEE AGAINST HIDDEN DEFECTS RESULTING FROM A DEFECT IN MATERIAL, DESIGN OR MANUFACTURING AFFECTING THE ITEM DELIVERED TO A POINT SUCH THAT THE CUSTOMER WOULD NOT HAVE PURCHASED IT AND MAKING IT UNFIT FOR USE. THE CUSTOMER MAY REQUEST THE IMPLEMENTATION OF THE WARRANTY AGAINST HIDDEN DEFECTS IN ACCORDANCE WITH ARTICLE 1641 OF THE CIVIL CODE. IN THIS CASE, WITHIN TWO (2) YEARS FROM THE DISCOVERY OF THE DEFECT, THE CUSTOMER MAY CHOOSE BETWEEN RESOLUTION OF THE SALE AND THEREFORE RETURN THE ITEM TO OBTAIN A REFUND OF THE PRICE PAID FOR THE ITEM WHICH IS IT IS PROVE UNFIT FOR ITS USE, OR KEEP THE ITEM AND REQUEST A REDUCTION OF THE SALE PRICE IN ACCORDANCE WITH ARTICLE 1644 OF THE CIVIL CODE.
IN ORDER TO ASSERT HIS RIGHTS, THE CUSTOMER MUST RETURN THE DEFECTIVE ITEM(S) IN THE ORIGINAL CONDITION IN WHICH IT(S) WAS OR WERE RECEIVED EITHER IN THE PACKAGING D 'ORIGIN, NEW, UNWORN, UNWASHED, WITH THE REFERENCES OF THE INITIAL ORDER AND COPY OF THE CLAIM TO THE FRNCH OFFICES, AFTER SENDING AN ELECTRONIC MAIL REPORTING THE REASON FOR RETURN OF THE ARTICLE (CONTACT DETAILS TO THE ARTICLE 12 OF THE SAID CGV) AT THE ADDRESS SARL LUCY / FRNCH - E-SHOP RETURNS SERVICE - 94 BOULEVARD DE SÉBASTOPOL - 75003 PARIS.
THE CUSTOMER MAY CONTACT THE SELLER BY EMAIL (CONTACT DETAILS IN ARTICLE 12 OF SAID CGV) IN ORDER TO OBTAIN A PREPAID RETURN LABEL.
THE SELLER WILL REFUND AND REPLACE ITEMS NOT IN COMPLIANCE WITH THE ORDER OR AFFECTED BY A DEFECT. REFUNDS FOR NON-CONFORMING ITEMS OR PRESENTING A DEFECT WILL BE MADE AS SOON AS POSSIBLE AND NO LATER THAN WITHIN FOURTEEN (14) DAYS FOLLOWING RECEIPT OF THE PRODUCTS BY THE SELLER. REIMBURSEMENT WILL BE MADE BY CREDIT TO THE CUSTOMER'S BANK ACCOUNT.
THE SELLER'S RESPONSIBILITY CANNOT BE ENGAGED IN THE CASE OF MISUSE, USE FOR PROFESSIONAL PURPOSES, NEGLIGENCE OR LACK OF MAINTENANCE ON THE PART OF THE CUSTOMER, AS IN THE CASE OF NORMAL WEAR OF THE ARTICLE, ACCIDENT OR OF FORCE MAJEURE.
FOR ALL PURPOSES, THE FOLLOWING LEGAL PROVISIONS ARE REMINDERED:
ART. L. 211-4 OF THE CONSUMER CODE: “THE SELLER IS REQUIRED TO DELIVERY A GOOD IN COMPLIANCE WITH THE CONTRACT AND RESPONSIBLE FOR ANY DEFECTS OF CONFORMITY EXISTING AT THE TIME OF DELIVERY.
IT IS ALSO RESPONSIBLE FOR DEFECTS IN CONFORMITY RESULTING FROM THE PACKAGING, THE ASSEMBLY INSTRUCTIONS OR THE INSTALLATION WHEN THIS HAS BEEN RESPONSIBLE FOR IT BY THE CONTRACT OR WAS CARRIED OUT UNDER HIS RESPONSIBILITY. »
ART. L. 211-5 OF THE CONSUMER CODE: “TO COMPLY WITH THE CONTRACT, THE GOOD MUST:
1° BE SUITABLE FOR THE USUALLY EXPECTED USE OF A SIMILAR GOOD AND, IF APPLICABLE:
- CORRESPOND TO THE DESCRIPTION GIVEN BY THE SELLER AND POSSESS THE QUALITIES THAT SHE HAS PRESENTED TO THE CUSTOMER IN THE FORM OF A SAMPLE OR MODEL;
- PRESENT THE QUALITIES THAT A CUSTOMER CAN LEGITIMATELY EXPECT WITH REGARD TO PUBLIC STATEMENTS MADE BY THE SELLER, BY THE PRODUCER OR BY HIS REPRESENTATIVE, PARTICULARLY IN ADVERTISING OR LABELING;
2° OR PRESENT THE CHARACTERISTICS DEFINED BY MUTUAL AGREEMENT BY THE PARTIES OR BE SUITABLE FOR ANY SPECIAL PURPOSE SOUGHT BY THE CUSTOMER, BROUGHT TO THE KNOWLEDGE OF THE SELLER AND WHICH THE LATTER HAS ACCEPTED.”
ART. L. 211-7 OF THE CONSUMER CODE: “DEFECTS IN CONFORMITY WHICH APPEAR WITHIN SIX MONTHS FROM DELIVERY OF THE GOOD ARE PRESUMED TO EXIST AT THE TIME OF DELIVERY, UNLESS PROOF CONTRARY.
THE SELLER MAY COMBAT THIS PRESUMPTION IF IT IS NOT COMPATIBLE WITH THE NATURE OF THE GOOD OR THE ALLEGED LACK OF CONFORMITY. »
ART. L. 211-7 10 OF THE CONSUMER CODE: “IF REPAIR AND REPLACEMENT OF THE GOOD ARE IMPOSSIBLE, THE BUYER MAY RETURN THE GOOD AND HAVE THE PRICE RETURNED OR KEEP THE GOOD AND HAVE PART OF THE PRICE RETURNED.
THE SAME FACULTY IS OPEN TO HIM:
1° IF THE SOLUTION REQUESTED, PROPOSED OR AGREED PURSUANT TO ARTICLE L. 211-9 CANNOT BE IMPLEMENTED WITHIN ONE MONTH FOLLOWING THE BUYER'S CLAIM;
2° OR IF THIS SOLUTION CANNOT BE PROVIDED WITHOUT MAJOR INCONVENIENCE FOR THEM, GIVEN THE NATURE OF THE PROPERTY AND THE USE SEEKING FOR IT.
HOWEVER, THE SALE CANNOT BE TERMINATED IF THE LACK OF CONFORMITY IS MINOR. »
ART. L. 211-12. OF THE CONSUMER CODE: “ACTION RESULTING FROM LACK OF CONFORMITY IS PERMITTED TWO YEARS FROM DELIVERY OF THE GOOD. »
ART. L. 217-9. OF THE CONSUMER CODE: “IN THE EVENT OF A LACK OF CONFORMITY, THE BUYER CHOOSE BETWEEN REPAIR AND REPLACEMENT OF THE GOOD.
HOWEVER, THE SELLER MAY NOT PROCEED IN ACCORDANCE WITH THE BUYER'S CHOICE IF THIS CHOICE RESULTS IN A COST MANIFESTLY DISPROPORTIONATE WITH REGARD TO THE OTHER TERM, TAKING INTO ACCOUNT THE VALUE OF THE GOOD OR THE IMPORTANCE OF THE DEFECT. IT IS THEN REQUIRED TO PROCEED, UNLESS IMPOSSIBILITY, ACCORDING TO THE MODALITY NOT CHOSEN BY THE BUYER. »
ART. 1641 OF THE CIVIL CODE: “THE SELLER IS BOUND BY THE GUARANTEE BECAUSE OF HIDDEN DEFECTS IN THE THING SOLD WHICH MAKE IT UNFIT FOR THE USE FOR WHICH IT IS INTENDED, OR WHICH REDUCE THIS USE SUCH THAT THE CUSTOMER WOULD NOT HAVE IT ACQUIRED, OR WOULD HAVE GAVE ONLY A LOWER PRICE, IF HE HAD KNOWN THEM. »
ART. 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. »
ART. 1648 PARAGRAPH 1 OF THE CIVIL CODE: “THE ACTION RESULTING FROM CRITICAL DEFECTS MUST BE INITIATED BY THE PURCHASER WITHIN TWO YEARS FROM THE DISCOVERY OF THE DEFECT. »
XIV – CONVENTION ON EVIDENCE
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ORDER RECORDING SYSTEMS PROVIDE PROOF OF ALL TRANSACTIONS PASSED BETWEEN FRNCH AND THE CUSTOMER.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT PROOF OF ACCEPTANCE OF THE CGV IS CHARACTERIZED BY CHECKING THE MENTION “I HAVE READ AND I ACCEPT THE GENERAL CONDITIONS OF SALE”.
TO THIS END, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE COMPUTERIZED DATA KEPT IN FRNCH'S COMPUTER SERVERS IN REASONABLE CONDITIONS OF SECURITY AND INTEGRITY, WILL BE CONSIDERED, IN AN IRREFRAGABLE MANNER, AS PROOF OF ACCEPTANCE OF THE TERMS OF THE CGV AND PROOF OF ALL TRANSACTIONS PASSED BETWEEN FRNCH AND THE CUSTOMER.
FRNCH WILL ARCHIVE PURCHASE ORDERS AND INVOICES ON A RELIABLE AND DURABLE MEDIUM, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1348 OF THE CIVIL CODE AND GUARANTEE ACCESS TO THE CUSTOMER AT ANY TIME IF THEY REQUEST IN ACCORDANCE WITH THE PROVISIONS OF THE ARTICLE L. 134-2 OF THE CONSUMER CODE.
CONSEQUENTLY, EXCEPT A MANIFEST ERROR OF FRNCH PROVEN BY THE CUSTOMER, THE LATTER WILL NOT BE ABLE TO CHALLENGE THE ADMISSIBILITY, VALIDITY OR EVIDENCE OF THE CGV AND THE CONTENT OF THE ORDER, ON THE BASIS OF ANY LEGAL PROVISION WHATSOEVER AND WHICH WOULD SPECIFY THAT CERTAIN DOCUMENTS MUST BE WRITTEN OR SIGNED TO CONSTITUTE PROOF.
THUS, THESE ELEMENTS CONSTITUTE EVIDENCE AND, IF THEY ARE PRODUCED AS MEANS OF PROOF BY FRNCH IN ANY LITIGATION OR OTHER PROCEEDING, WILL BE ADMISSIBLE, VALID AND ENFORCEABLE IN THE SAME WAY, UNDER THE SAME CONDITIONS AND WITH THE SAME PROBATIVE FORCE AS ANY DOCUMENT WHICH IS PREPARED, RECEIVED OR KEPT IN WRITING.
AT ANY TIME, THE CUSTOMER HAS THE FACULTY TO PRINT, DOWNLOAD, AND KEEP ON PAPER AND ELECTRONIC MEDIUM A COPY OF THE CGV.
XV – RESPONSIBILITY
FRNCH RESERVES THE RIGHT TO MODIFY THE INFORMATION CONTAINED IN THIS WEBSITE AT ANY TIME AND WITHOUT NOTICE.
FRNCH UNDERTAKES TO DESCRIBE WITH THE GREATEST ACCURACY THE ITEMS SOLD ON THE SITE AND TO ENSURE, IN THE BEST POSSIBLE CONDITIONS, THE UPDATING OF THE INFORMATION DISTRIBUTED THEREIN.
HOWEVER, FRNCH CANNOT GUARANTEE THE ACCURACY, PRECISION OR COMPLETENESS OF THE INFORMATION MADE AVAILABLE TO CUSTOMERS WITHIN THE WEBSITE.
IN THE EVENT OF NON-SUBSTANTIAL DIFFERENCES BETWEEN THE PHOTOS OF PRESENTATION OF THE ARTICLES ON THE WEBSITE, TEXTS AND ILLUSTRATIONS AND THE ARTICLES ORDERED, THE RESPONSIBILITY OF FRNCH WILL NOT BE ENGAGED.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICES OF THE ITEMS ARE LIKELY TO VARY BETWEEN THE WEBSITE AND THE RESELLING STORES, AND THAT IN NO EVENT SHALL THIS PRICE DIFFERENCE BASE A REQUEST FOR A TOTAL OR PARTIAL REFUND OF THE ITEMS PURCHASED EITHER ON THE WEBSITE OR IN STORES.
FRNCH CANNOT BE HELD LIABLE IN THE EVENT OF BREACH OF ONE OF ITS CONTRACTUAL OBLIGATIONS RESULTING FROM AN FORTITUTE EVENT OR AN EVENT OF FORCE MAJEURE AS DEFINED BY THE CASE LAW GIVEN BY THE FRENCH COURTS.
IN PARTICULAR FRNCH WILL NOT BE HELD RESPONSIBLE FOR ANY NON-EXECUTION OR DELAY IN THE EXECUTION OF ORDERS, CAUSED BY EVENTS BEYOND ITS CONTROL (“CASES OF FORCE MAJEURE”).
AN EVENT OF FORCE MAJEURE INCLUDES ANY ACT, EVENT, NON-PERFORMANCE, OMISSION OR ACCIDENT BEYOND THE CONTROL OF FRNCH AND INCLUDES IN PARTICULAR (WITHOUT LIMITATION):
1. STRIKES, CLOSURES OR OTHER INDUSTRIAL ACTIONS.
2. CIVIL UNREST, RIOT, INVASION, TERRORIST ATTACK OR THREAT OF TERRORIST ATTACK, WAR (WHETHER DECLARED OR NOT), OR THREAT OR PREPARATION FOR WAR.
3. FIRE, EXPLOSION, STORM, FLOOD, EARTHQUAKE, SUBSIDENCE, OUTBREAK OR OTHER NATURAL DISASTERS.
4. IMPOSSIBILITY TO USE TRANSPORT BY RAILS, BOATS, PLANES, ROADS OR OTHER PRIVATE OR PUBLIC MEANS OF TRANSPORT.
5. IMPOSSIBILITY TO USE PUBLIC AND PRIVATE TELECOMMUNICATIONS NETWORKS.
6. ACTS, DECREES, LEGISLATION, REGULATIONS OR RESTRICTIONS OF ANY GOVERNMENT.
7. STRIKE, FAILURE OR ACCIDENTS OF MARITIME, POSTAL OR OTHER TRANSPORTATION.
THE EXECUTION OF THE CGV WILL BE SUSPENDED AS LONG AS THE CASE OF FORCE MAJEURE LASTS AND THE EXECUTION AND DELIVERY TIMES WILL BE EXTENDED ACCORDINGLY. FRNCH WILL EFFORT TO THE EXTENT POSSIBLE TO MAKE AN EVENT OF FORCE MAJEURE CEASED OR TO FIND A SOLUTION ALLOWING IT TO PERFORM ITS CONTRACTUAL OBLIGATIONS DESPITE THE CASE OF FORCE MAJEURE.
IF THE FORCE MAJEURE EVENT PROLONGS FOR MORE THAN THREE (3) MONTHS, THE TRANSACTION CONCERNED MAY BE TERMINATED AT THE REQUEST OF FRNCH OR THE CUSTOMER WITHOUT COMPENSATION FROM EITHER PART. FAILURE TO PAY BY THE CUSTOMER CANNOT BE JUSTIFIED BY AN EVENT OF FORCE MAJEURE.
FRNCH IS ONLY RESPONSIBLE FOR ANY DIRECT AND FORESEEABLE DAMAGE AT THE TIME OF USE OF THE WEBSITE OR CONCLUSION OF THE SALES CONTRACT WITH THE CUSTOMER, TO THE EXCLUSION OF ANY INDIRECT DAMAGES.
XVI – PROTECTION OF PERSONAL DATA
THE CUSTOMER IS INFORMED AND AGREES THAT THEIR PERSONAL DATA MAY BE COLLECTED ON THE SITE AND USED BY FRNCH WHICH ACTS AS A DATA CONTROLLER WITHIN THE MEANING OF REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF APRIL 27, 2016 RELATING TO THE PROTECTION OF INDIVIDUALS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND THE FREE MOVEMENT OF SUCH DATA, AND REPEALING DIRECTIVE 95/46/EC (HEREINAFTER “GENERAL DATA PROTECTION REGULATION” OR “GDPR ").
FRNCH IS COMMITTED TO PROTECTING AND ENSURING THE SECURITY AND CONFIDENTIALITY OF ITS CUSTOMERS' PERSONAL DATA IN ACCORDANCE WITH THE GDPR, IN PARTICULAR BY TAKING ALL USEFUL PRECAUTIONS TO PREVENT THIS DATA FROM BEING DISTORTED, DAMAGED OR ACCESS TO IT BY UNAUTHORIZED THIRD PARTIES.
IN PARTICULAR, CUSTOMERS' PERSONAL DATA MAY BE TRANSMITTED TO CONTRACTUAL SERVICE PROVIDERS AND PARTNERS WHO, AS SUBCONTRACTORS WITHIN THE MEANING OF THE GDPR, INTERVENE AND CONTRIBUTE DIRECTLY TO THE MANAGEMENT OF ORDERS AND FOR WHOM IT IS ABSOLUTELY NECESSARY TO ACCESS THE DATA PERSONAL INFORMATION PROVIDED BY THE CUSTOMER WHEN CREATING AND USING THEIR ACCOUNT (IDENTITY, POSTAL ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS). SUBCONTRACTORS MAY ONLY ACT ON THE INSTRUCTION OF FRNCH FOR THE STRICT EXECUTION OF SUBCONTRACTED TASKS NECESSARY FOR MANAGING ORDERS AND COMPLETING THE SALE, WITHOUT ANY AUTHORIZATION FROM CUSTOMERS BEING NECESSARY. IT IS SPECIFIED THAT, IN THE CONTEXT OF THE EXECUTION OF THEIR SERVICES, THIRD PARTIES HAVE ONLY LIMITED ACCESS TO DATA AND HAVE A CONTRACTUAL OBLIGATION TO USE THEM IN COMPLIANCE WITH THE PROVISIONS OF THE APPLICABLE LEGISLATION ON THE PROTECTION OF PERSONAL DATA. EXCEPT IN THE CASES STATED ABOVE, THE SELLER UNDERTAKES NOT TO SELL, RENT, ASSIGN OR GIVE THIRD PARTIES ACCESS TO DATA WITHOUT PRIOR CONSENT OF THE CUSTOMER UNLESS BEING OBLIGED TO DO SO DUE TO A LEGITIMATE REASON ( LEGAL OBLIGATION, FIGHT AGAINST FRAUD OR ABUSE, EXERCISE OF DEFENSE RIGHTS).
CUSTOMER PERSONAL DATA IS COLLECTED FOR THE FOLLOWING PURPOSES:
- MANAGEMENT OF ORDERS AND RELATIONS WITH CUSTOMERS;
- CUSTOMER INFORMATION RELATING TO OFFERS AND COMMERCIAL INFORMATION RELATED TO THE BRAND;
- STRENGTHENING AND IMPROVING COMMUNICATION OF THE WEBSITE AND THE BRAND BY SENDING, IN PARTICULAR, NEWSLETTERS AND SPECIAL OFFERS BASED ON THE CUSTOMER PREFERENCES OBSERVED ON THE WEBSITE;
- IMPROVEMENT AND PERSONALIZATION OF SERVICES OFFERED TO CUSTOMERS;
- AND COMPLIANCE WITH LEGAL AND REGULATORY OBLIGATIONS.
THE CUSTOMER'S PERSONAL DATA ARE ONLY KEPT FOR THE DURATION STRICTLY NECESSARY FOR THE PURPOSES PREVIOUSLY STATED. THE PERSONAL INFORMATION COLLECTED IS KEPT FOR A PERIOD WHICH CANNOT EXCEED THREE (3) YEARS FROM THE END OF THE RELATIONSHIP WITH THE CUSTOMER, UNLESS A LONGER STORAGE PERIOD IS AUTHORIZED OR IMPOSED BY A LEGAL OR REGULATORY PROVISION.
IF THE CUSTOMER CHOOSES PAYMENT BY BANK CARD, THE NAME ON THE CARD, ITS NUMBER, ITS EXPIRATION DATE AS WELL AS THE VISUAL CRYPTOGRAM WILL BE COLLECTED FOR THE PURPOSES OF MAKING THE PAYMENT ON THE BASIS OF THE EXECUTION OF MEASURES PRE-CONTRACTUAL PROCEEDINGS TAKEN AT THE REQUEST OF THE CUSTOMER AND OF THE CONTRACTS TO WHICH THE CUSTOMER IS A PARTY. THIS INFORMATION WILL BE KEPT UNTIL RECEIPT OF ALL GOODS IN THE ORDER PAID BY BANK CARD INCREASED BY THE WITHDRAWAL PERIOD.
IF THE CUSTOMER GIVES HIS CONSENT, BY CHECKING THE BOX PROVIDED FOR THIS PURPOSE, THE NUMBER AND EXPIRATION DATE OF THEIR BANK CARD MAY BE KEPT BEYOND THE PERIOD PROVIDED IN THE PREVIOUS PARAGRAPH TO FACILITATE THEIR FUTURE PURCHASES. THIS DATA WILL BE KEPT UNTIL THE CUSTOMER'S CONSENT IS WITHDRAWAL AND/OR THE VALIDITY OF THE BANK CARD DATA EXPIRES.
IN ACCORDANCE WITH THE GDPR, THE CUSTOMER HAS A RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION TO PERSONAL DATA CONCERNING THEM (HEREINAFTER THE “IT RIGHTS AND FREEDOMS”).
TO EXERCISE ONE OR MORE OF THE COMPUTER AND FREEDOM RIGHTS, THE CUSTOMER MUST SEND A REQUEST BY EMAIL OR BY MAIL TO FRNCH CUSTOMER SERVICE, BY COMPLETING THE CONTACT FORM LOCATED ON THE WEBSITE OR BY WRITING TO THE FOLLOWING ADDRESS INDICATING THEIR CONTACT FORM NAME, FIRST NAME, EMAIL ADDRESS AND CUSTOMER REFERENCES: FRNCH CUSTOMER SERVICE, 94 BOULEVARD SÉBASTOPOL, 75003 PARIS - FRANCE. THE CUSTOMER HAS THE POSSIBILITY OF SUBMITTING A COMPLAINT TO THE CNIL.
EACH REQUEST MUST BE SIGNED AND ACCOMPANIED BY A PHOTOCOPY OF AN IDENTITY CERTIFICATE BEARING THE CUSTOMER'S SIGNATURE AND SPECIFY THE RESPONSE ADDRESS.
THE RESPONSE TO THE REQUEST EXERCISED ON THE BASIS OF ONE OR MORE COMPUTER RIGHTS AND FREEDOMS WILL BE SENT WITHIN 2 MONTHS FOLLOWING RECEIPT OF THE REQUEST.
THE CUSTOMER MAY COMMUNICATE TO FRNCH SPECIAL GUIDELINES IN WHICH HE OR SHE DEFINES THE WAY IN WHICH HE OR SHE INTENDS THAT COMPUTER RIGHTS AND FREEDOMS BE EXERCISED, AFTER HIS DEATH, IN ACCORDANCE WITH THE GDPR.
ON FRNCH.FR, YOU CAN DECIDE WHETHER OR NOT TO ACCEPT OUR COOKIES. IF YOU DO NOT ACCEPT THE DEPOSIT OF THESE COOKIES CLICK HERE
XVII – COMMERCIAL OFFERS AND NEWSLETTERS
FRNCH IS LIKELY TO SEND COMMERCIAL OFFERS TO CUSTOMERS BY MAIL, EMAIL, SMS, TELEPHONE OR VIA ALL WEBS SPACES PROVIDED BY FRNCH OR ON SOCIAL NETWORKS, SUBJECT TO PRIOR ACCEPTANCE.
THE CUSTOMER HAS THE FACT TO OPT-OUT TO THESE COMMERCIAL PROSPECTING MAILINGS AT ANY TIME, FREE OF CHARGE, BY CLICKING ON THE “UNSUBSCRIBE” LINK FEATURED IN EACH EMAIL.
THE CUSTOMER CAN REGISTER ON THE LIST OF OPPOSITION TO TELEPHONE CALLING BY ELECTRONIC WAY ON THE WEBSITE BLOCTEL.GOUV.FR, OR BY POSTAL AT THE FOLLOWING ADDRESS: SERVICE BLOCTEL, 6 RUE NICOLAS SIRET, 10 000 TROYES.
XVIII – COOKIES
WHEN CONSULTING THE WEBSITE, INFORMATION RELATING TO CUSTOMERS’ NAVIGATION MAY BE RECORDED IN “COOKIE” FILES INSTALLED ON THEIR TERMINAL (COMPUTER, TABLET, SMARTPHONE).
THESE COOKIES ARE ISSUED BY FRNCH IN ORDER TO FACILITATE NAVIGATION ON THE WEBSITE AND ALLOW TO RECOGNIZE CUSTOMERS’ BROWSER WHEN THEY ARE CONNECTED TO THE WEBSITE.
THESE COOKIES ARE ISSUED IN ORDER TO:
· ESTABLISH VISITATION STATISTICS (NUMBER OF VISITS, PAGES VIEWED, ABANDONMENTS IN THE ORDER PROCESS)
· ADAPT THE PRESENTATION OF THE WEBSITE TO THE DISPLAY PREFERENCES OF TERMINALS,
· STORAGE INFORMATION ENTERED IN FORMS, MANAGE AND SECURE ACCESS TO RESERVED AND PERSONAL AREAS SUCH AS THE CUSTOMER ACCOUNT AND MANAGE THE ORDER BASKET.
· FRNCH RESERVES THE RIGHT TO IMPLEMENT COOKIES IN THE CUSTOMER'S COMPUTER DURING VISITS TO THE WEBSITE.
A COOKIE IS A SMALL FILE THAT IS SENT TO THE CUSTOMER’S COMPUTER AND STORED ON THEIR HARD DRIVE. IF THE CUSTOMER IS REGISTERED WITH FRNCH, THEIR COMPUTER WILL STORE AN IDENTIFYING COOKIE WHICH WILL SAVE THEM TIME EACH TIME THEY RETURN TO THE FRNCH SITE BECAUSE THEY WILL REMEMBER THE CUSTOMER'S EMAIL ADDRESS.
A COOKIE DOES NOT IDENTIFY THE CUSTOMER BUT IS INTENDED TO REPORT ANY PREVIOUS VISIT BY THE CUSTOMER TO THE WEBSITE IN ORDER TO HELP FRNCH PERSONALIZE ITS SERVICES.
THE CUSTOMER CAN MAKE SETTINGS SO THAT COOKIES ARE DEACTIVATED AND PREVENT COOKIES FROM BEING INSTALLED, WITHOUT THEIR EXPRESS AGREEMENT, IN THEIR COMPUTER.
ANY SETTINGS IMPLEMENTED BY THE CUSTOMER WILL BE LIKELY TO MODIFY INTERNET BROWSING AND THE CONDITIONS OF ACCESS TO CERTAIN SERVICES OF THE SITE REQUIRING THE USE OF COOKIES.
THE CUSTOMER CAN EXPRESS AND MODIFY THEIR WISHES REGARDING COOKIES AT ANY TIME, BY THE MEANS DESCRIBED BELOW.
THE WEBSITE USES COMPUTER APPLICATIONS FROM THIRD PARTIES, WHICH ALLOW THE CUSTOMER TO SHARE CONTENT OF THE WEBSITE WITH OTHER PERSONS OR TO LET THESE OTHER PEOPLE KNOW THEIR OPINION REGARDING CONTENT OF THE SITE. (SOCIAL NETWORKS SUCH AS FACEBOOK, “INSTAGRAM”, “TWITTER”, ETC).
WHEN THE CUSTOMER VIEWS A PAGE OF THE WEBSITE CONTAINING A “SHARE” OR “LIKE” BUTTON, THEIR BROWSER ESTABLISHES A DIRECT CONNECTION WITH THE SERVERS OF THE SOCIAL NETWORK CONCERNED.
IF HE IS CONNECTED TO THE SOCIAL NETWORK WHILE BROWSING, THE APPLICATION BUTTONS ALLOW YOU TO CONNECT THE PAGES CONSULTED TO HIS ACCOUNT.
IF HE INTERACTS USING THE PLUG-INS, FOR EXAMPLE BY CLICKING THE “LIKE” BUTTON OR LEAVING A COMMENT, THE CORRESPONDING INFORMATION WILL BE TRANSMITTED TO THE SOCIAL NETWORK CONCERNED AND PUBLISHED ON HIS ACCOUNT.
IF THE CUSTOMER DOES NOT WISH FOR SOCIAL NETWORKS TO CONNECT THE INFORMATION COLLECTED THROUGH THE WEBSITE TO THEIR ACCOUNT, THEY MUST DISCONNECT FROM THE SOCIAL NETWORK CONCERNED BEFORE VISITING THE SITE.
FRNCH IS NOT RESPONSIBLE IN ANY WAY FOR THE CONTENT OR OPERATION OF ANY SOCIAL NETWORKS, INCLUDING THOSE WHICH MAY BE LINKED TO THE SITE.
XIX – INTELLECTUAL PROPERTY
FRNCH IS THE EXCLUSIVE HOLDER OF THE INTELLECTUAL PROPERTY RIGHTS:
· ON THE ARTICLES OFFERED ON THE SITE,
· ON THE BRANDS ASSOCIATED WITH THE ARTICLES,
· ON THE SITE, AND IN PARTICULAR ON ITS TREE, ON THE ORGANIZATION AND TITLE OF ITS SECTIONS, ON THE VISUAL AND GRAPHICAL IDENTITY, ON ITS DESIGN, ON ITS ERGONOMIC, ITS FUNCTIONALITIES, ON THE SOFTWARE, TEXTS, ANIMATED IMAGES OR FIXTURES, SOUNDS, KNOW-HOW, DRAWINGS, GRAPHICS AND ANY OTHER ELEMENT COMPOSING THE SITE,
· ON THE DATABASES, THEIR STRUCTURE AND THEIR CONTENT, DESIGNED AND MANAGED BY FRNCH FOR THE NEEDS OF PUBLISHING THE SITE,
· ON ALL DESIGN ELEMENTS OF THE SITE, WHETHER GRAPHIC OR TECHNICAL,
· ON THE NAMES, SIGNS, LOGOS, COLORS, GRAPHICS, OR OTHER SIGNS WHICH COULD BE USED, MADE OR IMPLEMENTED BY FRNCH.
IT IS CONSEQUENTLY PROHIBITED TO REPRODUCE IN ANY FORM WHATSOEVER, DIRECTLY OR INDIRECTLY, THE ELEMENTS REFERRED TO IN THE PREVIOUS PARAGRAPH, AS WELL AS TO ALTER THE BRANDS, PATENTS, NAMES, ACROSSMENTS, LOGOS, COLORS, GRAPHICS OR OTHER SIGNS APPEARING ON THE ELEMENTS MADE AVAILABLE WITHIN THE WEBSITE, AND MORE GENERALLY TO USE OR EXPLOIT THESE ELEMENTS OTHERWISE THAN IN THE CONTEXT OF THE EXECUTION OF THESE PRESENTS.
AS SUCH, THE REPRODUCTION OR USE OF ALL OR PART OF THESE ELEMENTS IS ONLY AUTHORIZED FOR THE EXCLUSIVE PURPOSES OF INFORMATION FOR PERSONAL AND PRIVATE USE, ANY REPRODUCTION AND ANY USE OF COPIES MADE FOR OTHER PURPOSES BEING EXPRESSLY PROHIBITED.
ANY OTHER USE, EXCEPT PRIOR WRITTEN AUTHORIZATION FROM FRNCH, CONSTITUTES AN INFRINGEMENT AND PENALTIES UNDER INTELLECTUAL PROPERTY.
ANY CREATION OF HYPERTEXT LINKS TO THE HOME PAGE OF THE SITE, OR ANY OTHER PAGE OF THE SITE, IS SUBJECT TO THE PRIOR WRITTEN AGREEMENT OF FRNCH.
XX – APPLICABLE LAW
ANY QUESTION OR COMPLAINT RELATING TO THE MARKETING OF PRODUCTS BY FRNCH TO A CUSTOMER MUST BE SUBMITTED BY EMAIL, BY REGISTERED LETTER WITH RECEIPT OR BY TELEPHONE TO THE SELLER WHOSE CONTACT DETAILS APPEAR ON THE WEBSITE OR IN ARTICLE 12.IN THE EVENT OF FAILURE OF A WRITTEN REQUEST MADE TO THE SELLER UNDER THE CONDITIONS SET FORTH IN THE PREVIOUS PARAGRAPH OR IN THE ABSENCE OF A RESPONSE FROM THE SELLER TO IT WITHIN TWO (2) MONTHS, THE CUSTOMER HAS THE POSSIBILITY TO USE A CONSUMER MEDIATOR FOR FREE (ARTICLE L.612-1 ET FOLLOWING OF THE CONSUMER CODE). THE CUSTOMER CAN SEIT THE DISPUTE RELATING TO THE PURCHASE OF A PRODUCT AGAINST THE SELLER TO THE COMPETENT CONSUMER MEDIATOR WHICH IS MEDICYS ELECTRONICALLY: HTTPS://APP.MEDICYS-CONSOMMATION.FR/?PROID=2562A098- 82B6-4F87-85B6-8581C03EA554 OR BY POST: CONCORD - 73, BOULEVARD DE CLICHY - 75009 PARIS.
THE SELLER AS WELL AS THE CUSTOMER REMAIN FREE TO ACCEPT OR REFUSE THE USE OF THE ALTERNATIVE DISPUTE RESOLUTION METHOD AS WELL AS IN THE CASE OF MEDIATION RESOURCE, TO ACCEPT OR REFUSE THE SOLUTION PROPOSED BY THE MEDIATOR.
THESE CGV AS WELL AS THE OPERATIONS RESULTING FROM THEM ARE GOVERNED BY FRENCH LAW.
IT IS SPECIFIED THAT, IN THE CONTEXT OF A DISPUTE, THE CUSTOMER MAY ALWAYS SEIT THE COMPETENT FRENCH COURTS UNDER COMMON LAW CONDITIONS, IN THE FAILURE OF AN AMICABLE AGREEMENT BETWEEN THE CUSTOMER AND FRNCH (THE SELLER).
IN THE EVENT OF A DISPUTE, THE CUSTOMER MAY ALSO HAVE USE OF THE ONLINE CONSUMER DISPUTE RESOLUTION PLATFORM (RLLC) SET UP BY THE EUROPEAN COMMISSION VIA THE LINK: HTTPS://EC.EUROPA.EU/CONSUMERS/.
THESE T&Cs DO NOT IN ANY WAY AFFECT THE LEGAL RIGHTS OF THE CUSTOMER AS A CONSUMER. TO OBTAIN FURTHER INFORMATION ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LOCAL AUTHORITY OR A CONSUMER ADVICE ORGANIZATION.
WITHDRAWAL FORM MODEL
(PLEASE COMPLETE AND RETURN THIS FORM ONLY IF YOU WISH TO WITHDRAW THE CONTRACT.)
FOR THE ATTENTION OF SARL LUCY / FRNCH - E-SHOP RETURNS SERVICE - 94 BOULEVARD DE SÉBASTOPOL, 75003 PARIS, EMAIL: SERVICECLIENTS@FRNCH.FR. -
I/WE (*) HEREBY NOTIFY YOU OF MY/OUR (*) WITHDRAWAL FROM THE CONTRACT RELATING TO THE SALE OF THE GOOD(S) BELOW:
ORDERED ON (*)/RECEIVED ON (*):
NAME OF CONSUMER(S):
ADDRESS OF THE CONSUMER(S):
SIGNATURE OF THE CONSUMER(S) (ONLY IF NOTIFICATION OF THIS FORM ON PAPER):
DATE :
(*) DELETE THE UNNECESSARY MENTION.
