General terms and conditions of sale
-sUpdate: 12 May 2019
- DELIVERY AND RECEIVED
- RIGHT OF RIGHT OF WITHDRAWAL
- LEGAL GUARANTEES OF CONFORMITY
- RESPONSIBILITY FOR THE WEBSITE
- PERSONAL DATA
- FORCE MAJEURE
- PARTIAL NON-VALIDATION
- CHANGES TO THE GENERAL CONDITIONS OF SALE
- COMPLETENESS CLAUSE
- APPLICABLE LAW AND JURISDICTION
The General Terms and Conditions of Sale (GTCS) are issued by the licensed Seller and manufacturer FRAGRANCE COLLECTION (FC) located at 1 route de Paris parc de la radio, 28100 Dreux.
RCS Chartres number: 882 251 762
SIRET number: 88225176200010
VAT number : FR09882251762
Customer service email: firstname.lastname@example.org
Phone number: +33 246 830 370
The GTCs concern the contractual relations between the Seller and the Buyer wishing to purchase one or more products of the Franck Boclet Brand through the online commerce site https://www.franckboclet.com.
Franck Boclet products are sold through a selective distribution network. Sales on the website are intended for the customer's personal use. Any order that does not correspond to a retail sale may be blocked for refusal. Any order for the same reference greater than or equal to 4 products will not be validated.
The Customer must be of legal age or have the authorisation of a legal representative, live in the European Union or Switzerland and hold a valid credit card.
In accordance with the applicable laws on electronic signature, the placing of an order as described below will be considered as an electronic signature and proof of order and of the amount due.
The purpose of these general terms and conditions of sale is to define the terms and conditions of online sale and delivery of products by the Seller to the Customer, as well as the rights and obligations of the parties arising from the online sale of the products offered on the site.
The T&Cs define all the necessary steps for placing the order.
Article 2.1 :
The Seller presents on the site the products on sale and their detailed descriptions in the form of cards so that the potential Customer can inform himself about the essential characteristics of the products he wishes to buy before placing an order.
The Seller will take all reasonable steps to ensure that all details, descriptions, images of products appearing on the site are correct and true to the original products at the time the relevant information is entered into the system.
However, to the extent permitted by applicable law, Seller does not warrant that such product details, descriptions, images of products are accurate, complete, reliable, current or error-free. Colors may vary from one computer equipment to another, therefore, the Seller shall not be held responsible for inaccuracies in the photographs.
The Seller offers for sale online the products of the Franck Boclet brand, namely niche perfumes, creative clothing for men and women, shoes and accessories.
Article 2.3 :
The Seller will make its best efforts to indicate any temporary or permanent unavailability of products on the information page of the site describing each product or at the time of placing the order. If, despite our vigilance, an ordered product is no longer available at the time the order is shipped, the Seller will be informed by e-mail or telephone if the Seller has registered as a customer.
The Customer will have the possibility either to receive only the available products or to cancel the entire order. If the bank account has already been debited at the time of cancellation, the Seller undertakes to reimburse the Customer as soon as possible for the amount of the order if the order is cancelled in full, or for the amount of the unavailable products. At any time, the Seller may withdraw from the sale or modify products without affecting the orders that the Seller has accepted before the changes come into force.
Article 2.4 :
All the fragrances are subject to European standards during the creation process and are checked by an independent laboratory. The list of ingredients and the legal precautions of use are the subject of a label on the back of the packaging. They are also recalled on the product sheet.
For any questions or requests for advice on products and their use, the customer can contact customer service
By mail: email@example.com
By telephone: in France on 02 46 83 03 70, from abroad on +33 246 830 370.
Article 2.5 :
Regarding clothing, a size guide is made available by the Seller in order to advise the Customer. If an item ordered does not correspond to the Customer's correct size, the Customer must use the Colissimo return form. Upon receipt, the Seller will ship the product to the size desired by the Customer. The Customer will have previously informed the Vendor by telephone and will confirm his exchange request by email.
Article 2.6 :
The products described on the site as well as the available samples are for personal use only. The Customer may not sell or resell any of these products and samples.
Article 3.1 :
All the prices indicated for the products available on the site or in the shop are inclusive of tax and are expressed in euros. The Seller is responsible for shipping costs throughout the European Union. Delivery costs are therefore free for the Customer. The Seller verifies that the prices of the products are correct. However, in the event of obvious pricing errors detected on one or more products, the Seller will offer the Customer the possibility to buy at the correct price or to cancel the order.
Article 3.2 :
The Seller reserves the right to modify its prices at any time and without notice. However, the products will be invoiced to the customer on the basis of the prices in force on the site at the time the order is placed.
Prices are subject to French VAT and any change in the legal rate will be reflected in the price of the products. If the Customer uses a bank card associated with an account that uses a currency other than the euro, the Customer's bank may charge exchange rates and bank charges, which are only payable by the Customer.
Article 4.1 :
The Customer can browse freely on the site without being obliged to place an order. If the Customer decides to place an order, the Customer will be guided through the process of placing the order by simple information. In the event of difficulties, he or she may refer to the purchasing guide (PQSR) or call Customer Service.
Article 4.2 :
When the Customer is on the product sheet, he can place an order by clicking on add to cart after selecting the quantity, size, color if any. The basket is then displayed at the top right of the screen.
After each item added, the Customer has the possibility to continue shopping or to click on the shopping cart icon. The Customer has the possibility at any time to have access to a summary of his basket indicating the items in the order, the total amount of the products to be paid for the order with the name of the products and the thumbnail photo.
The Customer is informed that at any time during the ordering process and until payment of the order he has the possibility to go back on this order, modify his basket, the quantity or delete one or more products.
Once the selection of products has been completed, the Customer can order them from the basket by clicking on the order button. At this stage the Customer will have the possibility either to register (or to connect to his account if the registration has already been made) or to directly fill in the necessary information in guest mode.
Article 4.4 :
The Customer must provide his delivery details by filling in the form displayed. The Customer undertakes to provide an address to which the delivery can be made during working hours, from Monday to Friday in France, as well as his/her full name and email address. The Customer will automatically receive an order confirmation email with the order number and details of the items ordered and the total including VAT.
It is recommended to print or keep the email even if the payment is not done at this stage.
Once the form has been completed, the customer must click on the next step button.
Article 5.1 :
At the next step, the Customer will have to choose his method of payment, fill in his bank details, and then confirm his billing address, which may either be the same as the delivery address or different.
A summary of the order will be displayed indicating all the information relating to the order, the order number, and for each item, the reference, name, quantity, size, colour, total order to be paid including VAT, the Customer's details and the delivery address.
Article 5.2 :
After having verified his order, at the time of payment, the Customer will be able to validate the procedure of acceptance of the general terms of sale. The Customer acknowledges having read all the instructions provided during the ordering process and accepts these GCS by sending a confirmation on the site by ticking the box to this effect.
Article 5.3 :
The Customer has the choice to pay via PAYPAL, with or without an account (by credit card).
- DELIVERY AND RECEIPT
The Products ordered may only be delivered in the European Customs Union: France, Germany, Netherlands, Belgium, Luxembourg, United Kingdom, Ireland, Italy, Spain, Portugal, Austria, Denmark, Hungary, Poland, Czech Republic, Slovakia, Estonia, Latvia, Lithuania, Greece, Finland, Sweden.
The amount of the order will be debited 48 hours after the online payment. The preparation of the order will be carried out within an average of 3 days. The shipment will be made by the Post Office via Colissimo.
If the Customer needs information about his order, he can follow the status of his order by logging in with his profile if he has registered on the site. If necessary, in the event of a problem, he can call customer service on 02 46 83 03 70 / +33 246 830 370 between 10 am and 4.30 pm from Monday to Friday.
Article 6.3 :
The Customer will receive an email to inform him/her of the shipment of his/her order. The invoice of his order will also be sent by an email which is recommended to keep / print.
Article 6.4 :
In general, it is expressly agreed between the Seller and the Customer that e-mails will be considered as proof between the parties as well as the automatic archiving systems used by the site, particularly with regard to the nature and date of the order. The Customer may access them if necessary in accordance with the rules of common law, the electronic contract established between the Seller and the Customer. To do so, the Customer may contact customer service to send him/her the contact details and order number. The Customer is informed that all mail is sent to the email address entered by the Customer. Also, in the event of an error in entering the email address will result in the non-receipt of the order confirmation message and all subsequent emails, which are the responsibility of the Customer, the Vendor shall not be held liable. Moreover, the Seller keeps the elements relating to any paid order for a period of 10 years.
The delivery is ensured by a third party provider COLISSIMO (Post Office), the customer is informed that the seller can not be held responsible if the breach or the improper execution of this obligation to the customer or to the unpredictable fact or insurmountable of a third party to the contract or to a case of force majeure.
In any event, and in accordance with the provisions of article L216-1 of the French consumer code, the order will be executed within a maximum period of thirty (30) days from the day following the date on which the customer has forwarded his order, subject to the full payment of the price. In the absence of delivery at the expiration of this period, the customer will have the right to cancel his order and the amount paid will be refunded.
The Seller will send the package number so that the customer can track the shipping status via the Post Office.
The Customer must notify the seller of any delay in delivery as soon as possible by calling customer service at Monday to Friday from 10:00 to 16:30 to allow the customer to make the necessary arrangements with the Post Office.
Article 6.8 :
If the Seller has not dispatched the order by post and does not deliver within 30 days, the Customer is entitled to request a refund of his order. The Seller will proceed to the reimbursement by bank transfer within 15 days following his claim for reimbursement. In case of partial availability, the Customer may send the products separately.
Article 6.9 :
Each purchase is insured by AG LUDOVIC PERRIN throughout its routing up to its delivery. Delivery is considered to be made when the Customer or any third party designated by him takes physical possession of the products against signature of the delivery note. It is the Customer's responsibility to check the good condition and conformity of the order at the time of receipt of the product(s).
Article 6.10 :
All reservations must be written on the carrier's bill of lading. The Customer shall also promptly inform the Vendor by sending an e-mail to the customer service department as soon as possible. In the event of damaged or missing items, the Customer must express his reservations in a precise, clear and complete manner (with supporting photos) regarding both the quality and the quantity ordered.
- RIGHT OF WITHDRAWAL
Article 7.1 :
In accordance with the provisions of Article L221-18 of the French Consumer Code, the Customer has a cooling-off period of fourteen (14) working days from the day of receipt of the product by the Customer to return the product ordered that does not give him/her satisfaction.
The product(s) must imperatively be returned complete, new and unused, in perfect condition and in their original packaging according to the procedure described in the article below, accompanied by the withdrawal form or an unambiguous statement indicating the Customer's decision to withdraw.
Article 7.3 :
In the case of a defect of conformity of the product, or an exchange (change of size for example) the parcel must be sent back by Colissimo with the return slip. If necessary, it is strongly recommended that the package be sent by a tracked delivery service requiring a signature upon receipt. The Seller cannot be held responsible for products returned and lost during transport. Only products received by the customer service will be likely to be reimbursed.
Article 7.4 :
In accordance with Article L221-21-3 of the French Consumer Code, the cost of returning the Products shall be borne by the Customer except in the event of a lack of conformity of the Products delivered in relation to the order, or in the event of an exchange (in these cases, the return costs shall be borne by the Seller).
The return must be made without undue delay according to the procedure described below. However, in accordance with Article 221-28 of the French Consumer Code, the Customer may not return the product(s) and claim a refund if the product(s) have been unsealed by the Customer and cannot be returned for reasons of hygiene. Perfumes must not be opened and must be returned in their original packaging. If the pump of the perfume bottle has been started, the item will not be accepted for return or exchange.
Withdrawal form to be completed:
I hereby notify you of my withdrawal from the contract for the sale of the product(s) below:
Ordered on (date) under order number xxx
Name of consumer :
Consumer address :
Consumer signatory :
Send a copy of the withdrawal request by email: firstname.lastname@example.org
It is recommended to send the moose of the request of withdrawal with the package to the following address:
FRAGRANCE COLLECTION - PARC DE LA RADIO, BUILDING F1 - 1 ROUTE DE PARIS - 28100 DREUX.
The Customer must also contact customer service by telephone: in France on 02 46 83 03 70, from abroad on +33 246 830 370.
Article 8.1 :
Following the exercise of the right of withdrawal, the Seller shall refund the full price of the products to the customer within fourteen (14) days from the date of receipt of the products accompanied by its declaration of withdrawal provided that the products are not damaged or used, and in compliance with the general conditions of sale.
Article 8.2 :
Refunds will only be made using the same payment method that the Customer used for the original transaction. A notification email will be sent to the Customer once the refund has been made.
Article 9.1 :
The Customer may request an exchange of the product purchased, in particular for clothing or footwear due to a problem of size, subject to the same conditions to the right of withdrawal above.
In the event of an exchange with the same or similar product at the same price,
Upon receipt of the return, the Customer will send back the new item.
Article 9.3 :
In the event of an exchange for a product of a different price (cheaper or more expensive), after receipt of the product for exchange, the order will be cancelled and will be subject to a refund. The Customer will then proceed to a new order.
- LEGAL GUARANTEES OF CONFORMITY
Article 10.1 :
The French Consumer Code provides for the following regarding the legal guarantee of conformity: Article L217-4 of the Consumer Code, "The Seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it has been put to its charge by the contract or has been carried out under its responsibility. Article L211-5: "in order to comply with the contract, the property shall: be specific to the usual expected use of a similar good and, if applicable: correspond to the description given by the seller and possess the qualities which he has presented to the purchaser in the form of a sample or a model; To present the qualities that a purchaser may legitimately expect in relation to the public statements made by the seller, the producer or his representative, in particular in advertising and labelling; Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted. Article L217-12: "the action resulting from the lack of conformity is prescribed by two years from the issuance of the property".
When acting under the legal guarantee of conformity, the Customer: has a period of two years from the delivery of the goods in which to act; can choose between repairing or replacing the goods, unless one of the methods entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the extent of the defect, in which case the trader is required to choose the least expensive method; is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The Civil Code provides the following with regard to the guarantee of hidden defects:
Article 1641: "The Seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them. »
Article 1648: "The action resulting from redhibitory defects shall be instituted by the buyer within a period of two years from the discovery of the defect. In the case provided for by Article 1642-1, the action shall be instituted, under penalty of foreclosure, within one year following the date on which the Seller may be discharged from the apparent defects or lack of conformity. »
Within the framework of the legal guarantee of conformity, the Seller undertakes, at the Customer's choice: either to replace the Product with an identical Product depending on available stocks, or to reimburse the price of the Product within a maximum period of thirty (30) days if the replacement of a Product proves impossible.
Within the framework of the legal guarantee against hidden defects, the Seller undertakes, at the Customer's choice and after evaluation of the defect: either to reimburse the Customer for the full price of the Product returned within a maximum of thirty (30) days, or to reimburse the Customer for part of the price of the Product within a maximum of thirty (30) days if the Customer decides to keep the Product.
Article 10.4 :
Products modified or repaired by the Customer as well as Products damaged as a result of misuse will not be covered by the guarantees.
- RESPONSIBILITY FOR THE WEBSITE
Article 11.1 :
The Vendor shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of a computer virus, and the impossibility of accessing the Site due to maintenance operations, technical breakdowns, a case of force majeure or any circumstance beyond its control.
Article 11.2 :
The Seller shall not be held liable for non-substantial errors that may occur concerning the elements presented on the Site, in particular the information and product descriptions.
Furthermore, the Seller may not be held liable for the impossibility of contacting the Customer Service due to events beyond its control, in particular in the event of a computer breakdown, interruptions in the telephone network, the Internet network, failure of the reception equipment of said Internet network, etc.
Article 11.3 :
Without limiting the scope of the other provisions of these General Terms and Conditions of Sale, in particular article 10 relating to Legal Guarantees, the Seller's liability may only be retained in the event of proven fault attributable to him, and shall in any event be limited to direct damages only.
- PERSONAL DATA
Article 12.1 :
- FORCE MAJEURE
Article 13.1 :
No Party may be held liable in the event of non-performance or poor performance of its obligations, and if such non-performance is due to the occurrence of an element constituting force majeure as defined by case law. The Party affected by such events shall inform the other Party as soon as possible and within a maximum period of five (5) working days from the occurrence of the event in question. The Parties agree that they shall consult each other as soon as possible in order to determine the terms and conditions of execution of the order during the period of the force majeure event.
Article 13.2 :
If the case of force majeure lasts for more than one (1) month, either Party may immediately terminate the contract by registered letter with acknowledgement of receipt sent to the other Party, with the Seller being responsible for reimbursing the Customer for any sums paid by it for the order concerned.
- PARTIAL NON-VALIDATION
Article 14.1 :
If one or more of the stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
The fact that one of the Parties has not required the application of a clause of these General Terms and Conditions of Sale, whether temporarily or permanently, shall in no way constitute a waiver of the rights granted to that Party by the said clause.
- CHANGES TO THE GENERAL CONDITIONS
Article 16.1 :
The Seller reserves the right to modify these terms and conditions of sale at any time. Any new version of these conditions will be announced in advance on the Site. The online version on the Site will, without any dispute, take precedence over all other versions of these terms and conditions of sale. Nevertheless, the General Terms and Conditions of Sale applicable to the order are those accepted by the Customer at the time the order is placed.
- COMPLETENESS CLAUSE
Article 17.1 :
These General Terms and Conditions of Sale and the order summary sent to the Customer form a contractual whole and represent the entire contractual relationship established between the Parties.
Article 18.1 :
These General Terms and Conditions of Sale of the Site are drawn up in French and in English.
All the content of the Site is accessible in French and in English.
- APPLICABLE LAW AND JURISDICTION
Article 19.1 :
The law applicable to these General Terms and Conditions of Sale and to the orders relating to them is French law.
Any dispute which may arise in connection with their validity, interpretation or performance and which has not been settled amicably by the Parties shall be submitted to the courts of the jurisdiction of Versailles.
In accordance with Articles L611, 612-1 to L616-3 of the French Consumer Code, any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute with a professional.
The Consumer may file a request for mediation on the French or European platform for the settlement of consumer disputes, at the following address
http://www.anm-mediation.com/ (National Mediation Association, 62 rue de Tiquetonne, Paris, 75002, Tel: 01.42.33.81.03)