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
Website URL: www.lafilledusud.com
e-mail: contact@lafilledusud.com
The website La Fille Du Sud sells the following products: jewelry and findings in precious metals and semi-precious stones. The customer declares having read and accepted the terms and conditions of sale prior to placing their order. Therefore, order confirmation constitutes acceptance of the terms and conditions of sale.
PRINCIPLES:
These terms and conditions constitute the entire agreement between the parties. By placing an order, the buyer is deemed to have accepted them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, including 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 contradictory version or document.
The seller and the buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are published online.
If a sales condition were to be lacking, 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 terms and conditions of sale are valid until January 1, 2033.
CONTENT:
These general terms and conditions are intended to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer, from the website La Fille Du Sud.
These terms and conditions apply to all purchases made on the La Fille Du Sud website.
These purchases concern the following products: jewelry and findings in precious metals, semi-precious stones.
PRE-CONTRACTUAL INFORMATION:
The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible 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 property;
The price of the item and/or the method of calculating the price;
If applicable, all additional transport, delivery or postage costs and any other applicable charges;
In the absence of immediate execution of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of their price;
Information relating to the identity of the seller, their electronic contact details, and their activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
ORDER:
The buyer can place their order online, using the online catalog and the form provided, for any product, subject to availability. The buyer will be notified if the ordered product or item is unavailable.
For the order to be validated, the buyer must accept these terms and conditions by clicking in the designated area. They must also choose the delivery address and method, and finally confirm the payment method.
The sale will be considered final:
after the seller sends the buyer confirmation of acceptance of the order by email;
and after the seller has received full payment.
All orders imply acceptance of the prices and descriptions 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 regarding order tracking, the buyer can send an email to the seller at: contact@lafilledusud.com, on the following days and times: Monday to Friday, from 9am to 6pm.
ELECTRONIC SIGNATURE:
Providing the buyer's bank card number online and the final validation of the order will constitute proof of the buyer's agreement:
payment of sums due under the purchase order;
signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the buyer is asked to contact the seller by email at the following address as soon as this use is detected: contact@lafilledusud.com
ORDER CONFIRMATION:
The seller provides the buyer with an order confirmation via email.
PROOF OF TRANSACTION:
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
PRODUCT INFORMATION:
The products governed by these terms and conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered subject to availability.
The products are described and presented as accurately as possible. However, if any errors or omissions have occurred in this presentation, the seller cannot be held liable.
Product photographs are not contractual.
PRICE:
The seller reserves the right to change its prices at any time but undertakes to apply the rates in effect at the time of the order, subject to availability on that date.
Prices are shown in euros. They do not include delivery charges. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of products in the online store.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change may be passed on to the selling price of the products.
PAYMENT:
This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.
To pay for their order, the buyer has the option of using all the payment methods made available by the seller and listed on the seller's website.
The buyer guarantees to the seller that he/she has the necessary authorizations to use the payment method chosen by him/her when validating the order form.
The seller reserves the right to suspend order processing and delivery in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment. The seller specifically reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is pending.
Payment of the price is due in full on the day of the order, according to the following terms:
Credit card (via the secure Stripe platform)
PRODUCT AVAILABILITY - REFUNDS - 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 stock, those indicated below.
Shipping times start from the order registration date indicated on the order confirmation email.
For deliveries within Metropolitan France and Corsica, the delivery time is 6 days from the day after the buyer places their order, using the following method: Colissimo registered mail. The maximum delivery time will be 30 working days after the contract is concluded.
For deliveries to French overseas departments and territories (DOM-TOM) or other countries, delivery arrangements will be specified to the buyer on a case-by-case basis.
If the agreed delivery date or deadline is not met, the buyer must, before terminating the contract, give the seller formal notice to perform within a reasonable additional period. If the seller fails to perform by the end 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 written notice on another durable medium. The contract will be considered terminated upon the seller's receipt of the letter or written notice informing them of this termination, unless the seller has performed in the meantime. However, the buyer may terminate the contract immediately 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 required to reimburse the buyer for all sums paid, no later than 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, or an exchange of the product.
DELIVERY:
Delivery is defined as 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.
The 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 is responsible for paying any customs duties or other taxes due upon importation of the products into the country of delivery. All related formalities are also the sole responsibility of the customer. The customer is solely responsible for verifying the import regulations for the ordered products in 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 may request that the invoice be sent to the billing address instead of the delivery address by selecting the corresponding option on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the place and time indicated.
If, upon delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If the items are damaged, the buyer must refuse the package and note this on the delivery slip (package refused because it was open, damaged, broken, or missing). The buyer must indicate any delivery issues (missing items compared to the delivery slip, damaged package, broken items, etc.) on the delivery slip in the form of handwritten comments accompanied by their signature. Failure to do so may result in the buyer not being reimbursed. This verification is considered complete once the buyer, or someone authorized by them, has signed the delivery slip. The buyer must then confirm these issues to the carrier by registered mail within two business days of receiving the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the website's legal notices.
If the product needs to be returned due to a non-conformity inherent to the seller ( incorrect reference, size, inaccurate or imprecise description , or non-conformity of the product in terms of type or quality compared to the information on the order form), the buyer has 3 days from delivery to submit a return request to the seller. Any claim made after this period will be rejected. Product returns will only be accepted for unworn products in their original condition (packaging, accessories, instructions, etc.).
The complaint must be made by email to the following address: contact@lafilledusud.com (please attach a photo to your email).
RIGHT OF WITHDRAWAL:
The consumer has a 14-day withdrawal period from the date of receipt of their items. These must be returned undamaged and in their original packaging. Return shipping costs are the responsibility of the customer , who must contact customer service by email to access the return procedure: contact@lafilledusud.com
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:
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the parties' obligations and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Force majeure shall be defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, and independent of their will, which cannot be prevented by them despite all reasonable efforts. Specifically, in addition to those typically recognized by French courts, the following shall be considered force majeure or fortuitous events: blockages of transportation or supply routes, earthquakes, fires, storms, floods, lightning, and the disruption of telecommunications networks or difficulties specific to telecommunications networks external to the client.
The parties will consult to examine the impact of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure event lasts for more than three months, these terms and conditions may be terminated by the affected party.
INTELLECTUAL PROPERTY:
The website content remains the property of the seller, who is the sole holder of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.
DATA PROCESSING AND FREEDOM OF INFORMATION:
The personal data provided by the buyer is necessary for processing their order and issuing invoices. This data may be shared with the seller's partners responsible for order fulfillment, processing, management, and payment.
APPLICABLE LAW:
These terms and conditions are governed by French law. The competent court is the judicial court. This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer should first contact the seller to seek an amicable solution.
DISPUTES:
Consumer mediation
In accordance with Articles L.612-1 et seq. of the Consumer Code, the customer has the option of using a consumer mediator free of charge in order to resolve amicably any dispute between them and the professional.
As such, the professional subscribes to the following mediation service:
Mediation 84, 22 Boulevard Limbert, 84000 Avignon
https://www.mediation84.fr/
The client can contact the mediator after making a written complaint to the professional and in the absence of a satisfactory response within a reasonable time.
The Customer is also informed that they may also use the Online Dispute Resolution (ODR) platform: https://consumer-redress.ec.europa.eu/index_fr
All disputes arising from purchase and sale transactions concluded under these Terms and Conditions, which have not been resolved amicably between the seller and the buyer or through mediation, shall be submitted to the courts.
competent under the conditions of ordinary law.