General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
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PREAMBLE:
These general terms and 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 at 5 chemin de la barthelasse 84000 Avignon
(Please note: No goods or package returns are accepted at this address. For any return request, please contact our customer service at contact@lafilledusud.com to receive instructions and the return address.)
Website URL: www.lafilledusud.com
Email: contact@lafilledusud.com
The La Fille Du Sud website sells the following products: jewelry and findings made of precious metals, and fine stones. The customer declares to have read and accepted the general terms and conditions of sale prior to placing their order. Placing an order therefore implies acceptance of these general terms and conditions of sale.
PRINCIPLES:
These general conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation.
These general terms and 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, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
Should a condition of sale be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general terms and conditions of sale are valid until January 01, 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 and findings made of precious metals, fine stones.
PRE-CONTRACTUAL INFORMATION:
The buyer acknowledges having received, prior to placing their order and concluding the contract, in a clear and understandable manner, these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.
The following information is provided to the buyer in a clear and understandable manner:
The essential characteristics of the good;
The price of the good and/or the method of calculating the price;
If applicable, all additional costs of transport, delivery or postage and all other possible applicable costs;
In the absence of immediate execution of the contract, the date or the deadline by which the seller undertakes to deliver the good, whatever its price;
Information relating to the identity of the seller, their electronic contact details, and their activities, those relating to legal guarantees, the functionalities of the digital content and, if applicable, its interoperability, the existence and methods of implementing guarantees and other contractual conditions.
ORDER:
The buyer has the possibility to place their order online, from the online catalog and using the form provided therein, for any product, within the limits of available stock. The buyer will be informed of any unavailability of the ordered product or item.
For the order to be validated, the buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the address and delivery method, and finally validate the payment method.
The sale will be considered final:
after the seller has sent the buyer confirmation of acceptance of the order by email;
and after the seller has collected the full price.
Any order implies acceptance of the prices and description of the products available for sale.
In certain cases, notably default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question regarding order tracking, the buyer can send an email to the seller at: contact@lafilledusud.com, during the following days and hours: Monday to Friday, from 9 am to 6 pm.
ELECTRONIC SIGNATURE:
The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
the exigibility of the sums due under the purchase order;
signature and express acceptance of all operations performed.
In the event of fraudulent use of the credit 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 electronic mail.
PROOF OF TRANSACTION:
The computerized registers, 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 listed on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stock.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's liability cannot be engaged.
The product photographs are not contractual.
PRICE:
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery costs. Prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.
If one or more taxes or contributions, notably environmental, were to be created or modified, upwards or downwards, this change could be reflected in the selling price of the products.
PAYMENT:
This is an order with payment obligation, which means that placing the order implies payment by the buyer.
To pay for their order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller's website.
The buyer guarantees to the seller that they have the necessary authorizations to use the payment method chosen by them, when validating the order form.
The seller reserves the right to suspend any order processing and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is in progress.
Payment of the price is made in full on the day of the order, according to the following terms:
credit card (via the secure Stripe platform)
PRODUCT AVAILABILITY - REFUND - RESOLUTION
Except in cases of force majeure or during periods of online store closure, which will be clearly announced on the website's homepage, shipping times will be, within the limits of available stock, those indicated below.
Shipping times run from the order registration date indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the deadline is 6 days from the day after the buyer placed their order, according to the following terms: registered Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries to French overseas departments and territories (DOM-TOM) or another country, 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, formally request the seller to perform within a reasonable additional period. Failing performance at the expiration of this new period, the buyer may freely terminate the contract. The buyer must carry out these successive formalities by registered letter with acknowledgment of receipt or by a writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this termination, unless the professional has performed in the meantime. The buyer may, however, immediately terminate the contract, if the dates or deadlines mentioned above constitute an essential condition of the contract for them. In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option of canceling their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.
DELIVERY:
Delivery refers to the transfer of physical possession or control of the goods to the consumer. Ordered products are delivered according to the terms and within the timeframe specified above.
Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy.
For deliveries outside the European Union, the customer must pay customs duties or other taxes due upon importation of the products into the country of delivery. The related formalities are also the sole responsibility of the customer. The customer is solely responsible for verifying the possibility of importing the ordered products with regard to the rights of the territory of the delivery country.
Any package returned to the seller due to an incorrect or incomplete delivery address will be re-shipped at the buyer's expense. The buyer can, upon request, obtain 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 indicated place and time.
If, at the time of delivery, the original packaging is damaged, torn, or open, the buyer must then check the condition of the items. If the items have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused as opened, damaged, broken product, missing...). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (product missing compared to the delivery slip, damaged package, broken products...). Failure to do so puts the buyer at risk of not being refunded for their purchase. This verification is considered to have been carried out once the buyer, or a person authorized by them, has signed the delivery slip. The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following the receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If the product needs to be returned due to non-conformity inherent to the seller (incorrect reference, size, inaccurate or imprecise description, non-conformity of the products in nature or quality compared to the indications on the order form). The buyer has a period of 3 days following delivery to make a return request to the seller. Any claim made beyond this period will be rejected. The return of the product can only be accepted for unworn products in their original condition (packaging, accessories, instructions...).
The claim must be made by e-mail to the following address: contact@lafilledusud.com (please attach a photo to your email).
RIGHT OF WITHDRAWAL:
The consumer has a withdrawal period of 14 days from the receipt of their items. These must be intact and returned in their original packaging. Return costs are borne by the customer, who must contact customer service by email to access the return procedure: contact@lafilledusud.com or directly fill out our Withdrawal Form accessible at the bottom of the page.
Regarding items sold by the meter, according to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.
FORCE MAJEURE:
All circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exemption from the parties' obligations and entail their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by them, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, cessation of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer 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, who is the sole holder 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 act of counterfeiting.
INFORMATION TECHNOLOGY AND LIBERTIES:
The personal data provided by the buyer is necessary for the processing of their order and the establishment of invoices. It 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 applies to both substantive and procedural rules. In case of dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
DISPUTES:
Consumer mediation
In accordance with articles L.612-1 and following of the Consumer Code, the customer has the possibility to resort free of charge to a consumer mediator for the amicable resolution of a dispute opposing them to the professional.
As such, the professional adheres to the following mediation service:
Médiation 84, 22 Boulevard Limbert, 84 000 AVIGNON
https://www.mediation84.fr/
The client can contact the mediator after having made a written complaint to the professional and in the absence of a satisfactory response within a reasonable period.
The Client is also informed that they can also resort to the Online Dispute Resolution (ODR) platform: https://consumer-redress.ec.europa.eu/index_fr
All disputes to which the purchase and sale operations concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or through mediation, will be submitted to the competent courts
under common law conditions.