Terms of Sales
TERMS OF SALES
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PREAMBLE:
These general conditions of sale apply to all sales concluded on the La Fille Du Sud website.
The website www.lafilledusud.com is a service of the micro-enterprise Alison Teule
Located 5 chemin de la barthelasse 84000 Avignon
URL address of the site: www.lafilledusud.com
e-mail: contact@lafilledusud.com
The La Fille Du Sud website sells the following products: jewelry in precious metals, fine stones. The customer declares to have read and accepted the general conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general conditions of sale.
PRINCIPLES:
These 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 La Fille Du Sud website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions govern their relationship exclusively. 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 missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general conditions of sale are valid until January 1, 2033.
CONTENT:
The purpose of these 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 La Fille Du Sud website.
These conditions concern all purchases made on the La Fille Du Sud website.
These purchases concern the following products: jewelry in precious metals, fine stones.
PRE-CONTRACTUAL INFORMATION:
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.
The following information is transmitted to the buyer in a clear and understandable manner:
The essential characteristics of the property;
The price of the good and/or the method of calculating the price;
If applicable, all additional transport, delivery or postage costs and all other possible costs payable;
In the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the good, whatever its price;
Information relating to the identity of the seller, his electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of distribution implementation of guarantees and other contractual conditions.
ORDER:
The buyer has the possibility of placing his order online, from the online catalog and using the form which appears there, for any product, within the limits of available stocks. The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
after sending the buyer confirmation of acceptance of the order by the seller by email;
and after collection by the seller of the entire price.
Any order constitutes acceptance of the prices and description of the products available for sale.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions relating to the tracking of an order, the buyer can send an email to the seller at: contact@lafilledusud.com, on the following days and times: Monday to Friday, 9 a.m. to 6 p.m.
ELECTRONIC SIGNATURE:
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:
due date of sums due under the purchase order;
signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller by email at the following address: contact@lafilledusud.com
ORDER CONFIRMATION:
The seller provides the buyer with an order confirmation by email.
PROOF OF TRANSACTION:
Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
PRODUCT INFORMATION:
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
PRICE:
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account delivery costs. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.
PAYMENT:
This is an order with obligation to pay, which means that placing the order involves payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website.
The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form.
The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
Payment of the price is made in full on the day of the order, according to the following terms:
bank card (via the secure Shopify Payments platform)
AVAILABILITY OF PRODUCTS - REFUND - RESOLUTION
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below.
Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France and Corsica, the deadline is 4 days from the day following that on which the buyer placed their order, according to the following terms: Tracked mail. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in the French Overseas Territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional period. In the absence of execution at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has complied in the meantime. The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of payment at the latest, or an exchange of the product.
DELIVERY:
Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.
For delivery outside the European Union, the customer must pay customs duties or other taxes due when importing the products into the country of delivery. The related formalities are also the sole responsibility of the customer. The customer is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.
Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the instructions. legal of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.). The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected.
The complaint must be made by e-mail to the following address: contact@lafilledusud.com.
RIGHT OF WITHDRAWAL AND REFUND:
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the buyer has a period of 14 calendar days from receipt of the products to exercise their right of withdrawal from La Fille Du Sud. by e-mail to the following address: contact@lafilledusud.com. The buyer must then return the products to La Fille Du Sud within a maximum period of 14 calendar days following communication of their decision to withdraw.
However, in accordance with Article L.221-28 of the Consumer Code in France, the right of withdrawal, as well as any request for reimbursement, cannot be exercised when the product has been manufactured, modified, adjusted or highly personalized to the buyer's request in the event that the product presents rarity, originality, or identification (engraving), requested by the buyer.
1. Exercise of the right of withdrawal
In order to exercise his right of withdrawal, the buyer must meet certain requirements:
- send your unambiguous declaration of withdrawal to La Fille Du Sud by email to the following address: contact@lafilledusud.com.
La Fille Du Sud will send him an agreement for return by email if the withdrawal period of 14 calendar days has been respected.
All products must be returned in new condition, in their original packaging, accompanied by the documents present at the time of shipment. Products are returned by post at the buyer's expense, in an insured package at the value of the product invoiced including tax, to the following address:
Alison Teule
5 chemin de la barthelasse
84000 Avignon
2. Effects of withdrawal
In the event of exercising the right of withdrawal and if the returned product meets the conformity requirements set out above, La Fille Du Sud will reimburse the buyer for all sums paid by the buyer. La Fille Du Sud will reimburse the buyer on the date of receipt of the items by La Fille Du Sud subject to verification of the condition of the items by La Fille Du Sud. Products scratched, incomplete, damaged, worn or soiled by the buyer, such that they do not allow re-marketing by La Fille Du Sud without additional costs, cannot be the subject of a valid withdrawal and cannot will neither be returned nor exchanged.
La Fille Du Sud will reimburse using the same means of payment that the buyer used for the initial transaction.
It is however specified, in the event of total or partial payment by gift card, that these cannot be reimbursed either in cash, nor by check, nor by bank card. Reimbursement of purchases made by gift card will be made exclusively in the form of a credit for an amount identical to that paid in this form. The credit is valid for 1 year from its date of issue on www.lafilledusud.com.
FORCE MAJEURE:
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
INTELLECTUAL PROPERTY:
The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
COMPUTER AND FREEDOM:
The personal data provided by the buyer are necessary to process their order and prepare invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
APPLICABLE LAW:
These general conditions are subject to the application of French law. The competent court is the judicial court. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.