1. Preliminary information
a) Legal notice
In order to comply with the provisions of the law for confidence in the digital economy of June 21, 2004, the legal notices required to identify the publisher of the present website are set out below.
The present website is published by the company Les Fines Lames, SAS with a capital of 35 000 €, registered in the Trade and Companies Register of Salon de Provence under the number 818 275 265 00028, and whose head office is located at 19 rue du capitaine Galinat, 13005 Marseille. The editor can be reached by e-mail at the following address: firstname.lastname@example.org
Intracommunity VAT number: FR53 818 275 265.
EORI number: FR81827526500028.
The director of the publication of the site is Pierre Jourdan.
The person in charge of the editorial staff is Pierre Jourdan.
This site is hosted by SARL OVH, whose head office is located at 140, quai du Sartel 59100 ROUBAIX, and which can be reached by telephone at the following number: 0 899 701 761.
This website was created using the open-source solution PrestaShop™.
This website is of free access to any Internet user. It consists of an online product sales site.
c) Acceptance of the terms and conditions of sale
The subscription to a contract governed by the present general conditions with the editor of the present site supposes the acceptance, by the user, of the said general conditions of sale. The user acknowledges having fully understood them. This acceptance will consist in the fact, for the user, of validating the present general conditions.
The user recognizes the value of proof of the automatic recording systems of the editor of the present site and, except for him to bring proof to the contrary, he renounces to dispute them in case of litigation.
The acceptance of the present general conditions supposes that the user has the legal capacity to do so, or if not, that he/she has the authorization of a guardian or curator if he/she is incapable, of his/her legal representative if he/she is a minor, or that he/she has a mandate if he/she acts on behalf of a legal entity.
2. Terms and conditions for placing orders and the purchasing process
The products are sold within the limits of available stocks. The availability of products is indicated on the site, in the description of each article.
In order to comply with the provisions of the law of confidence in the digital economy of June 21, 2004, will be described below the ordering process:
In order to place an order, the user will be able to select one or several products and add them to his basket. When the order is complete, the user will be able to access his basket by clicking on the button provided for this purpose. By consulting his basket, the user will be able to check the number and the nature of the products he has chosen and will be able to check their unit price as well as the global price of the order. He will have the possibility of removing one or more products from his basket. On this summary will be indicated to the user the faculty of which it has or not to exercise its right of retractation as well as the deadlines and methods which apply to it.
If the User is satisfied with the order and wishes to validate it, he/she can click on the validation button, and then access a form in which he/she can either enter his/her connection identifier if he/she already has one, or register on the site by completing the form presented to him/her, with his/her personal information.
Once he is connected or after he has completed the form, the user will be invited to check or modify his delivery and billing details, to read and validate the present conditions, to confirm his order and then will be invited to make his payment by being redirected to the secure payment interface.
Once the payment is effectively received by the site editor, the latter undertakes to acknowledge receipt of the payment to the user electronically, within a maximum of 24 hours.
Similarly and within the same timeframe, the publisher undertakes to send the user a summary e-mail of the order in order to confirm its processing and to communicate all information relating to the order.
3. Product prices, taxes and delivery costs
The prices indicated on the site are in Euros, all taxes included, and excluding delivery charges. The prices are firm, without discount or rebate. These prices can be modified at any time by the editor. The price applicable to the customer is the one in force at the time of the order.
The delivery costs will, in any case, be indicated to the customer before any payment.
In case of delivery outside the European Union and the French overseas territories, the user is informed that customs duties and other taxes may be due. The necessary formalities and the payment of the aforementioned rights and taxes are not the responsibility of the editor and will be in any case the responsibility of the user. It is thus incumbent upon the latter to verify all these data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order on the site.
THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE EDITOR UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS CLAUSE OF PROPERTY RESERVE. THE RISKS ARE TRANSFERRED TO THE CUSTOMER AS FROM THE DELIVERY OF THE PRODUCTS.
4. Information relating to the payment
The Internet user can place an order on the present site and can make his payment by credit card, bank transfer, Paypal, Stripe.
Payments by credit card are made through secure transactions provided by providers: Paypal, Stripe.
Within the framework of the payments by bank card, the editor of the present site does not have access to any data relating to the means of payment of the customer.
The delivery periods defined in the article below only start to run from the date of effective receipt of payment by the seller, the latter being able to provide proof by any means. In the absence of receiving the payment from the customer within eight days from the order, the order will be cancelled and the products will be put back on sale on the site.
The failure to pay at its term of any sum due to the editor will give place to the collection of penalties equal to (3) three times the legal interest rate to which will be added a fixed allowance of 40 euros for collection costs. These penalties will be due from the day after the due date of the unpaid sums, without prior notice.
5. Delivery or availability
a) Delivery time
Orders are delivered by DHL EXPRESS or any carrier designated by the publisher within 15 working days from the date of full payment of the price corresponding to the order, if the product has not been purchased during a pre-sale or has been pre-ordered following a product launch or an out-of-stock situation.
Certain products or certain volumes of orders may nevertheless justify a longer delivery time; this will be expressly mentioned to the user when the order is validated.
b) Damage and partial loss
In case of delivery of a package obviously and visibly deteriorated, incomplete or with damaged objects, it is up to the customer to refuse it in order to enjoy the guarantee offered by the carrier. The user must also inform the publisher without delay, so that a new package can be prepared and sent upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these terms and conditions will no longer apply.
Likewise, the user must refuse any incomplete package or one with damaged items. In accordance with Article L 133-3 of the French Commercial Code, the receipt of the transported items extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following the day of receipt, the recipient has not notified the carrier, by registered letter, of his justified protest. In the absence of this formality, the user cannot be compensated.
6. Customer service and right of withdrawal
a) Customer service
The customer service of the present site is accessible from Monday to Friday from 9am to 6pm (GMT+2) by email at the following address email@example.com or by post at the following address SAS Les Fines Lames, 39 boulevard de la Federation, 13008 Marseille, France.
b) Right of withdrawal
The consumer has the right to withdraw from this contract without giving any reason within fourteen days (14 days). The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods or the last goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). In order to facilitate the process, you may use the sample withdrawal form, but this is not mandatory.
In order for the withdrawal period to be respected, it is sufficient that you send your communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
c) Effects of withdrawal
In the event of your withdrawal, we will refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered) without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw.
We will make the refund using the same payment method you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer the refund until we have received the goods or you have provided proof of shipment of the goods, whichever comes first.
You must return the goods without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period.
You will have to take charge of the direct expenses of return of the good, by choosing a sure conveyor having a tool of follow-up of parcel, whose reference related to the sending will be expressly asked you by our customer service. Any refund will be made only after reception of the good and observation that it was not degraded by a preliminary use.
You are only responsible for the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good working order of this good.
7. Guarantee of the products bought on the present site
In case of defect of a product bought on the present site, the user has, in accordance with the provisions of articles 1641 and following of the civil code as regards legal guarantee of the hidden defects, a two years deadline as from the observation of the aforementioned defect to ask for resolution of the sale or a reduction of the selling price (article 1644 of the civil code) and, in application of articles L211-4 and following of the consumer code, in the event that the delivered good is not in conformity, the consumer will have a period of two years as from the reception of the said product to ask for the repair or the replacement of it subject to the conditions of cost envisaged by the article L. 211-9 of the Consumer Code. The consumer is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months as of March 18, 2016, except for used goods.
In order to exercise one of these rights, it will be up to the customer to approach the customer service of the publisher.
Certain objects acquired on the present site benefit, in addition to the guarantee of the hidden defects defined by the civil code as well as the guarantee of good conformity imposed by the article L211-5 of the code of the consumption which are, if necessary, always applicable to them and which are defined above, of a conventional guarantee offered by the salesman or the manufacturer, the duration of which will be likely to vary according to the product, and which will be in particular detailed on the descriptive card and the note of use of the product. Any commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
8. Provisions specific to the nature of certain products
All products sold on this site are marketed in compliance with the legislative and regulatory provisions in force in France. The compulsory displays required by the legislative and regulatory provisions in force are carried out on the present site, and in particular in the descriptive card of each article.
9. User space
The creation of a user account is a prerequisite to any order of a user. To this end, the user will be asked to provide a certain amount of personal information. The user undertakes to provide accurate information under penalty of cancellation of the contract at the initiative of the publisher and deletion of the user account.
Certain information will be considered essential to the conclusion of the contract and their collection will be indispensable to the creation of the account and to the validation of the conclusion of the contract. The refusal by a user to provide such information will prevent the creation of the user account and, incidentally, the validation of the order.
This space allows the user to consult all his orders made on the site, and also allows him, if necessary, to follow the delivery of the purchased products.
If the data contained in the user account were to disappear following a fortuitous event, a technical failure or a case of force majeure, the responsibility of the publisher of this site could not be engaged, this information having no probative value but only an informative character. The editor undertakes however to keep in a secure way all the contractual elements whose conservation is required by the law or the regulation in force.
The publisher reserves the exclusive right to delete the account of any user who has contravened these terms and conditions (including, but not limited to, when the user has knowingly provided false information when registering and setting up an account) or any account that has been inactive for at least one year. The said deletion will not be likely to constitute a damage for the excluded user who will not be able to claim any compensation for this fact.
This exclusion is not exclusive of the possibility, for the editor, to undertake legal proceedings against the user, when the facts will have justified it.
When creating a user account, the user will be asked to choose a password. This password guarantees the confidentiality of the information contained in the account and the user is therefore forbidden to transmit or communicate it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.
10. Exoneration of the editor's responsibility
a) Accessibility to the site and force majeure
In the event of impossibility of access to the site, because of technical problems or of any nature, the user will not be able to prevail himself of a damage and will not be able to claim any compensation.
The unavailability, even prolonged and without any limitative duration, of one or several products, cannot be constitutive of a prejudice for the user and cannot in any way give rise to the granting of damages on behalf of the site or its editor.
The publisher cannot be held responsible for the non-performance of the contract that may be attributable to a case of force majeure, as defined by the French courts.
b) Visual representation of the products
The visual representations of the products, published on the present site, are guaranteed by the editor as perfectly faithful to reality, in order to satisfy his obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of color or shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences cannot in any case be attributed to the editor who cannot be held responsible for them.
c) Products sold on the site
The editor undertakes to respect all applicable provisions in force in France and cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in other countries.
The editor of the present site can in no way be held responsible for the misuse of products, poor maintenance of products, accidental damage or misuse of products.
d) Hypertext links
The hypertext links present on the present site can refer to other Internet sites and the responsibility of the editor of the present site could not be committed if the contents of these sites contravene the legislations in force. Similarly, the responsibility of the editor of the present site cannot be engaged if the visit, by the user, of one of these sites, would cause him a prejudice.
11. Newsletter of the editor and its partners
By checking the box provided for this purpose or by expressly giving their agreement to this end, the user accepts that the publisher may send them, at a frequency and in a form that they will determine, a newsletter that may include information relating to its activity. When the user checks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Subscribing users will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.
Similarly, the user who has accepted the communication of personal data (and in particular his or her e-mail address) to third-party partners of the present site by checking the box provided for this purpose, may be led to receive newsletters issued by these partners, whether commercial or not, at the frequencies and in the forms determined by the said partners.
The user has the option to unsubscribe at any time by clicking on the link provided for this purpose, present on each newsletter issued by the said partners. Otherwise, the user has the possibility to unsubscribe by contacting directly the issuer(s) of the said newsletters (newsletters). The editor of the present website cannot be held responsible for the content, data or form of the newsletters sent by the aforementioned partners, regardless of the prejudice suffered by the user. Any complaint must be made directly to the issuer of the newsletter.
12. Information relating to the Data Protection Act
a) General - Purpose - Duration
The user is free to provide personal information about himself. The provision of personal information is not essential for navigation on the site. On the other hand, the registration on the present site supposes the collection, by the editor, of a certain number of personal information concerning the user. The user who does not wish to provide the information necessary for the creation of a user account will not be able to place an order on the present site.
The collected data are necessary for the good administration of the services proposed on the present site as well as the respect of its contractual obligations by the editor. These data are kept by the editor in this unique capacity, and the editor commits himself not to use them in another framework, nor to transmit them to third parties, except with the express agreement of the users or cases provided for by the law.
The contact information of all users registered on this site is saved for a maximum of 12 months from the deletion of the personal space, a reasonable period of time necessary for the proper administration of the site and normal use of the data. These data are kept in secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of 6 January 1978.
b) Right of access, rectification and opposition
In accordance with the Data Protection Act, the user has the right to oppose, question, access and rectify the data he or she has provided. To do so, he/she just has to make a request to the editor of the present site, by sending it to the following e-mail address: firstname.lastname@example.org, or by mail to the address of the editor's head office mentioned at the top of the present general conditions.
The personal data collected is subject to computer processing and is reserved exclusively for the site editor.
The person in charge of processing is Pierre Jourdan.
CNIL registration number: 1932570
c) IP address
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out in an anonymous way, it will be preserved for the same duration as the personal information and will be intended only to allow a good administration of the services proposed on this site. The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network.
The editor will have to communicate all the personal data relative to a user to the Police (on judicial requisition) or to any person (on order of the judge). The IP address of any computer may be matched with the actual identity of the subscriber held by the ISP (Internet Service Provider).
13. Notices relating to the collection of "cookies
a) General - Purpose - Duration
In order to allow the user an optimal navigation on the present site as well as a better functioning of the various interfaces and applications, the editor may proceed to the implantation of a cookie on his computer. This cookie makes it possible to store information relating to navigation on the site (date, page, times), as well as any data entered by the user during his visit (searches, login, email, password). These cookies are intended to be kept on the user's computer for a variable period of up to 12 months, and may be read and used by the editor during a subsequent visit by the user to this site.
b) Right to oppose the installation of the cookie
The user has the possibility of blocking, modifying the duration of conservation, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him/her from using certain services or functionalities provided by the editor, this malfunctioning will not in any case constitute a damage for the user who will not be able to claim any indemnity as a result.
c) Deletion of cookies
The user also has the possibility of deleting the cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such action does not affect navigation on this site, but the user loses all the benefits provided by the cookie. In this case, the user will have to re-enter all the information concerning him/her.
14. Intellectual property on the elements of the site
All the elements constituting the present site belong to the editor or are the object of an authorization of exploitation and are protected by the legislation relating to the intellectual property.
The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or exploitation of one or more of these elements, even if modified, may give rise to legal proceedings against the publisher or its beneficiaries.
This protection will concern all the textual and graphic contents of the site, but also its structure, its name and its graphic charter.
Likewise, the user acknowledges that he/she has been informed that the matrix of the present general conditions has been deposited with a bailiff and that any reproduction, even partial, of the present document may be subject to legal proceedings for economic parasitism.
15. General provisions and applicable law
a) Modification of the general conditions
The present general conditions can be modified at any time by the site editor or his representative. The general terms and conditions applicable to the user are those in force on the day of his order. The editor undertakes of course to keep all his former general conditions and to send them to any user who requests them.
b) Applicable law and competent jurisdictions
The present general conditions are subjected to the application of the French law and the exclusive competence of the French jurisdictions. The language of the contract is French, any version available in a foreign language on the site has only an informative value. Similarly, this site may be translated into various languages to facilitate the navigation of non-French users who wish to order on the site.
IN THE EVENT OF A DISPUTE WITH A CUSTOMER WHO IS A MERCHANT, AS DEFINED BY FRENCH LAW, EXCLUSIVE JURISDICTION IS GIVEN TO THE COURTS IN THE JURISDICTION WHERE THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of disputes
Except for provisions of public order, all disputes that may arise in connection with the execution of these terms and conditions may, before any legal action is taken, be submitted to the site editor for an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the deadlines for taking legal action.
If one of the clauses of the present general conditions were to be declared null and void by a court decision, this nullity would not carry the nullity of all the other clauses, which would continue to produce their effect.
The fact, for the parties, of not prevailing on a temporary or permanent basis of one or more clauses of the present general conditions, will not involve in any case renunciation to prevail itself of the remainder of the general conditions.
If a consumer wishes to cancel his order, he can use the form below.
SAMPLE CANCELLATION FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of SAS Les Fines Lames - 39 Boulevard de la Federation 13004 Marseille, France.
You can reach us by e-mail at the following address: email@example.com
I/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
∗ Ordered on (*)/received on (*): ........................................................
∗ Name of the consumer(s): ..........................................................
∗ Consumer(s) address: ............................................................
Signature of consumer(s) (only if notifying this form on paper): ....
∗ Date: ..........................................................
(*) Delete as appropriate.