Terms & Conditions
This document (Terms and Conditions) defines the conditions applicable to the sales completed between those parties wishing to make a purchase through the website https://lapresticouiston.com, hereinafter referred to as “the Customer” and, the company “FANETTE SARL,” whose head office is located at 35 rue de Verneuil 75007 Paris is registered in the company register (RCS) under number 478 519 101, operates the site https://lapresticouiston.com and hereinafter referred to as “FANETTE SARL.”
These conditions apply only to natural persons and not to businesses.
1. PRODUCT PRICE
Product
Upon placing an order, the Customer is informed of the availability of the product selected.
If the product becomes unavailable after validation of the order, the Customer will be informed thereof by email within five (5) business days of the validation of the order.
Photographs depicting the presented products are the most accurate reproduction possible of each product to show its fundamental features.
Price
Products are sold at the prices in effect as shown on the website when the order is recorded by FANETTE SARL. Prices are expressed in euros, all taxes included for France and in most cases for European Union countries and for other countries and territories. VAT charged is the French VAT or the European Union countries VAT applicable on the date an order is placed.
FANETTE SARL reserves the right to change its prices at any time without notice.
Prices do not include fees for processing, shipping and handling, and delivery; any such additional fees shall be billed to the customer and indicated in the total price to be paid.
The default currency is the euro. However, a Customer might see a price in US dollars or British pounds for each of the selected products, it should be understood that such prices in US dollars or British pounds is only an estimate for informational purposes and the payment shall be made by the Customer in euros.
When delivery is made to a country outside the European Union, any custom duties, taxes and other fees resulting from importing the products to the destination country on which FANETTE SARL has no control, shall be the responsibility of the customer who acknowledges and agrees to bear them. In this case, information related to the payment of additional costs shall be indicated on the website at the time the order is placed for any customer specifying a delivery address outside France and in a country outside the European Union.
The products remain the property of FANETTE SARL until the full payment is received by FANETTE SARL.
2. ORDER
Prior to ordering, the Customer must create a “customer account” by completing a registration form and choosing a password. All information must be provided in its utmost entirety to enable a means of identification to be created for the Customer as well as to allow for proper processing and delivery of the order, and as such is expressly accepted by the Customer.
In accordance with the provisions of Article L122-1 of the French Consumer Code, FANETTE SARL reserves the right to cancel or refuse any order from a Customer with whom there is a payment dispute on a previous order.
Any order implies acceptance of price and description of the products upon sale.
FANETTE SARL agrees to honor orders received on the Internet site only within the limit of available product stock. If a product is not available, FANETTE SARL commits to informing the customer within five (5) working days.
The order will be automatically canceled and the customer immediately refunded if his bank account has been charged.
3. DELIVERY AND FREIGHT
FANETTE SARL shall endeavor to deliver the products ordered by the Customer within an indicative time of five (5) business days minimum and maximum fifteen (15) business days from the final validation of the order on the website for delivery in France and within a maximum period of thirty (30) working days in other countries or territories, depending on delivery terms, place of delivery, and whether full payment of the order has been received.
Deliveries are made by an independent carrier.
The products ordered by the Customer are delivered to the address indicated by the Customer when the order is validated.
Delivery charges shall be paid in addition to the total price of the products, except for orders with a value equal or higher than 1 000€.
FANETTE SARL promises to make its best effort to ensure that orders are delivered in the shortest time possible.
If the products ordered were not delivered in a period of thirty (30) days from the final validation of the order, for any reason other than force majeure, the sale may be resolved upon the written request of the customer by email. The amount paid by the customer shall then be refunded without delay, barring any deductions or withholdings.
The delivery is considered to be complete upon the physical delivery of the products to the Customer.
When the delivery is made to a country outside the European Union, the Customer acknowledges and accepts that delivery may be delayed until fees relating to the customs duties and import taxes have not been paid by the Customer. Should the Customer fail to pay such fees within a period of fifteen (15) days after the order is placed, such order shall be deemed canceled and any costs incurred by FANETTE SARL will be deducted from refund of the order total.
Lastly, the Customer acknowledges and agrees that, when the delivery is made to a country outside France and the European Union, the Customer is considered the importer of the product abroad and thereby respects the laws and regulations of the country where the delivery takes place. As such, cross-border deliveries are likely to be opened and inspected by the customs authorities.
4. PAYMENT
The total price of the products is due in full upon placement of the order by the Customer through a secure payment method described below:
– by bank card: Visa, Mastercard, French EFT-based payment card (Carte bleue), EuroCard, or American Express.
– by Paypal.
The payment in 3 installments is possible in France and Belgium for orders with a value equal to or higher than 500€.
Payment is made via Stripe’s secure payment platform according to protocol SSL (Secure Socket Layer) and 3D Secure.
The Customer guarantees FANETTE SARL that he is the cardholder and that the name appearing on the card to be charged is his own; then in a secure environment on the website he communicates the number and expiration date that appears on the front of his card as well as the numbers of the visual cryptogram on the back (or the front) of his card.
FANETTE SARL reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer. No additional charges above and beyond those due by FANETTE SARL for the use of a means of payment may be invoiced to the Customer.
If for any reason whatsoever (cancellation, refusal by the transmitting center, etc.), the charge of the amount due by the customer proves to be impossible, the sale shall be immediately voided and the order canceled.
As part of payment via the website, a control option can be made online with competent banks and banking bodies.
Placing an order implies acceptance of the sales contract by the Customer and definitive acceptance by the Customer of the prices and the General Conditions of Sale.
5. ORDER WITHDRAWAL POLICY
The Customer has fourteen (14) calendar days from the date of the order is received to return at his own expense, and without cause, the products ordered.
Returns are deemed acceptable if the following conditions are met in their entirety:
– products have not been used, worn or washed;
– products are in good condition;
– products are returned in their original packaging;
– product ID hang tags must remain attached to the product with the tag fastener, as they are an integral part of the products.
Products must be returned to the following address: FANETTE SARL/LA PRESTIC OUISTON, 21, rue du Dragon 75006 PARIS France.
If the above conditions are met, FANETTE SARL shall reimburse the Customer the total amount of the order within fifteen (15) days of reception of the products by FANETTE SARL, excluding any expenses for the return which are payable by the Customer.
6. EXCHANGES AND REFUNDS
The customer has a period of fourteen (14) calendar days to return or exchange, at his own expense, any product which he ordered should it not meet his satisfaction. The period starts on the date the products are received.
The Customer must contact Customer Service and agree to the return terms and conditions for the product in question; any new delivery shall not take place until the products in questions are duly returned by the Customer and received by FANETTE SARL.
Products should be returned unworn and unwashed, in their original state and original packaging to the following address: FANETTE SARL/LA PRESTIC OUISTON, 21, rue du Dragon 75006 PARIS France and be accompanied by the original invoice, with the reason for the return indicated on the back.
Customers are responsible to retain all proof of return, which implies returning the order by registered mail or any other means that establishes proof of the date of return.
Any products returned in anything less than their original condition and packaging, for example if incomplete, damaged, worn or soiled by the Customer, shall be refused. In the event of unusual or excessive returns, FANETTE SARL may refuse to process any subsequent orders.
Within 15 days of reception of the returned products by FANETTE SARL and if the above conditions above are met, FANETTE SARL will reimburse the customer the total amount of the order excluding any expenses for the return, which are entirely due by the Customer.
Should a product be exchanged, the initial sale shall be voided. Payment of the new sale shall be handled by off-setting the amount of the preceding sale, with any overage being either reimbursed (limited to 100€) or charged back to the Customer’s method of payment.
In any case, the Customer acknowledges and agrees that the product for which an exchange is requested, may no longer be available like the original or in other versions thereof, and that the exchange must be made with another product.
In case of products exchanged via the Customer Service, the new sale shall be subject to the General Conditions of Sales.
7. CUSTOMER SERVICE
For any information or questions, our Customer Service department is available to assist you and can be reached by e-mail eshop@lapresticouiston.com or by mail at the following address:
FANETTE SARL,
35 rue de Verneuil 75007 Paris, France
8. LIABILITY
FANETTE SARL has merely an obligation of means for the all stages of accessing the website, processing orders, delivery, customer service or subsequent services. FANETTE SARL cannot be held liable for any inconvenience or damage inherent in the use of the Internet, such as a service outage, outside fraudulent intrusion or the presence of any computer viruses, or any event qualified as force majeure, in accordance with case law.
9. WARRANTY – COMPLIANCE
The products sold by FANETTE SARL are covered, in accordance with legal provisions, as follows:
– by the legal guarantee of conformity of goods pursuant to Article L211-4 and the French Consumer Code;
– by the legal warranty against hidden defects from faulty material, design or manufacture affecting the products delivered and making them unsuitable for use as stipulated in Article 1641 of the French Civil Code.
Customers are reminded of the following legal provisions:
– Article L211-4 of the French Consumer Code “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. “The seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility thereof or had it carried out under his responsibility.”
– Article L211-5 of the French Consumer Code “To conform to the contract, the product must meet the following criteria:
1. Be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
– Article L211-12 of the French Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the product.”
– Article L211-13 of the French Consumer Code: “The provisions of the present section do not deprive the buyer of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extracontractual nature to which he is entitled under the law.”
– Article 1641 of the French Civil Code: “The seller is bound to a warranty against hidden defects in the object sold that render it unfit for its intended use, or that impair its use to the extent that the buyer would not have bought it, or would only have paid a lesser price if he had known of the defects.”
– Article 1648 paragraph 1 of the French Civil Code: “Any action resulting from latent defects must be filed up by the purchaser within two years from discovery of the defect.”
The Customer is solely responsible for the choice, storage and use of the product. The seller shall not be held responsible or at fault for any delay or non-performance resulting from the occurrence of a force majeure event as recognized by French case law.
10. CONFIDENTIALITY/PERSONAL INFORMATION
Personal information is handled by FANETTE SARL for customer relationship management purposes. In accordance with the French Data Protection Act of January 6, 1978, modified by the law of August 6, 2004, the customer has a right to access, correct and contest any of his personal data. To exercise this right, the customer must send a letter to the following address: FANETTE SARL, 35 rue de Verneuil 75007 Paris.
See also “Legal Notice“.
11. APPLICABLE LAW
The General Conditions of Sales are subject to French law. They are written in French and in English. If translated into one or more languages, the French text shall prevail in the event of a dispute.
Any cases of disputes arising with professionals and/or retailers will be settled in the Courts of Paris. In case of dispute arising with an individual, the French courts have sole jurisdiction.
