1. PURPOSE
The present general conditions of sale aim to define the rights and obligations of FRENCHWAREHOUSE and the Customer of products presented by FRENCHWAREHOUSE on its website www.frenchwarehouse.fr (hereafter “the Site”). They apply exclusively between FRENCHWAREHOUSE and any individual consumer visiting or making a purchase via the Site (hereinafter “the Customer”).
On the Site, FRENCHWAREHOUSE allows the Customer to order online products from selected partners (hereinafter “the Product(s)”) according to these terms and conditions.
Any order placed with FRENCHWAREHOUSE therefore implies the Customer’s unreserved acceptance of these conditions. These terms and conditions may be modified at any time and without prior notice by FRENCHWAREHOUSE, the applicable terms and conditions being those in force at the date of the order by the Customer.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the FRENCHWAREHOUSE website with a description.
2.2. The Products offered by FRENCHWAREHOUSE comply with the standards applicable in France.
The elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, FRENCWAREHOUSE cannot be held responsible for any errors or omissions in any of these elements or for any changes in these elements by the suppliers and/or publishers.
3. OBLIGATIONS OF THE CLIENT
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing him to place an order on the Site.
3.2. The Customer undertakes to provide FRENCHWAREHOUSE with the actual information necessary for the performance of the service as requested online and according to his situation, in particular his name, first name, address, telephone number and valid e-mail.
The customer is responsible for the consequences of false or inaccurate information provided or information that is unlawfully included.
3.3. Once the order has been placed, FRENCHWAREHOUSE will send the Customer an e-mail confirming the order. It informs him/her of the shipment of the Products.
3.4. The Customer can modify his data in the “my account” section.
4. ORDER
4.1. Any order will be validated only after acceptance of the payment.
4.2. FRENCHWAREHOUSE reserves the right to cancel or refuse an order in case of a dispute with the Customer about a previous order.
4.3. FRENCHWAREHOUSE can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Site at the time of the confirmation of the order.
If, despite the vigilance of FRENCHWAREHOUSE, the products are not available, FRENCHWAREHOUSE will inform the Customer by e-mail as soon as possible. The Customer will then be able to cancel his order and be reimbursed, if necessary, the amounts already paid.
FRENCHWAREHOUSE shall not be liable for the permanent or temporary unavailability of the Service, nor shall it entitle the Customer to any compensation or damages.
5. PRICE
5.1. The prices displayed on the Site are indicated in euros, including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs, participation in order processing costs and packaging costs.
The shipping costs, participation in the costs of order processing and packaging will be indicated in the Customer’s basket, before the final validation of the order.
Prices can be modified at any time, without prior notice and in particular in case of changes in fiscal or economic data. The items will be invoiced on the basis of the rates in force at the time of the order.
6. DELIVERY
6.1. FRENCHWAREHOUSE delivers its Products in France and in all countries of the European Union
The products are shipped to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative, corresponding to the average time of treatment and delivery. In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building, staircase, access codes, names and/or intercom numbers, etc.).
In the event of a delay in delivery of more than 14 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of his order.
If the item has been shipped prior to receipt of the cancellation of the order for late delivery of more than 14 days, FRENCHWAREHOUSE will proceed with the refund of the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all tags.
FRENCHWAREHOUSE undertakes to inform the Customer of the progress of his order.
In case of damaged packages (already opened, missing products…), the Customer commits himself to notify the carrier and FRENCHWAREHOUSE, by any means, all reservations within 3 days after the reception of the product.
FRENCHWAREHOUSE cannot be held responsible for the consequences of a delay in delivery that is not of its own making.
7. PAYMENT
The full payment must be made at the time of ordering. At no time can the sums paid be considered as deposits or down payments. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard), in accordance with the provisions of this article.
FRENCHWAREHOUSE does not accept payment by check.
For any transaction, the Customer will indicate the number on the front of his card, the expiration date of his card and the cryptogram on the back of his card (last three digits).
The communication by the Customer of his credit card number is equivalent to the authorization for FRENCHWAREHOUSE to debit his account for the amount of his order.
No COD shipments will be accepted for any reason.
FRENCHWAREHOUSE retains the ownership of the article until the full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by FRENCHWAREHOUSE are 100% secure. For payments by credit card (credit card, visa card and e-card), all information that the Customer communicates to FRENCHWAREHOUSE is strictly protected and guarantees the conformity and the security of each transaction.
8. PRODUCT RETURNS AND REFUNDS
Right of withdrawal
Within fourteen (14) days of receipt of the order, the Customer may request FRENCHWAREHOUSE to return the Product(s).
Refunds are not provided when payment was made with a card. Returns made with this method of payment will only be eligible for a credit note and not a refund.
The returns are at the expense of the customer from Metropolitan France (including Corsica and Monaco) and for the countries of the European Union. The customer will have to send back at his expenses the Product(s) except in the case where he would have received a product presenting a manufacturing defect or not corresponding to the initial order of the Customer. In this case, the Customer should contact the customer service at Contact@FrenchWarehouse.fr to obtain a prepaid return slip.
The return is at the risk of the Customer. The Product must be returned in its original packaging, in its original condition, new, unused, unwashed.
If the Customer does not respect the present conditions, in particular the conditions of return, FRENCHWAREHOUSE will not be able to proceed to a refund or to the issue of a credit note for the Products concerned.
9. WARRANTIES AND LIABILITY
FRENCHWAREHOUSE has, for all stages of access to the site, from the order process to the shipment of the package or subsequent services, only an obligation of means. FRENCHWAREHOUSE shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with the law and jurisprudence.
10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos…).
This Site or any portion of this Site may not be reproduced, copied, sold or otherwise exploited for any commercial purpose without the express written permission of FRENCHWAREHOUSE.
In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and complete property of FRENCHWAREHOUSE.
The Customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products, if any, or register any trademark that would be detrimental to the owner of the rights, unless otherwise provided for in the contract.
The same applies to any other intellectual property right.
11. WARRANTIES AND LIABILITY
FRENCHWAREHOUSE undertakes to use the Customer’s confidential information only for the purpose of operating its Site.
For the proper processing of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge thereof.
In this respect, the information concerning him may be communicated to technical service providers of FRENCHWAREHOUSE.
In addition, FRENCHWAREHOUSE may use technical means to obtain non-personal information about users in order to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, the Customer has the right to access and rectify any personal data concerning him/her contained in FRENCHWAREHOUSE’s files. All requests should be sent by e-mail to: contact@frenchwarehouse.fr.
This data processing has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL) which issued the receipt n° 1517135 v 0 on June 29, 2011.
12. FORCE MAJEURE
In the event of a force majeure event, the party concerned shall inform the other party within fifteen (14) days of the occurrence of such event, by registered letter with acknowledgement of receipt.
In addition to those usually retained by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.
13. GENERAL PROVISIONS
13.1. Partial invalidity of a clause
If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, it shall be declared unwritten and shall not invalidate the remaining provisions.
13.2. Update
These terms and conditions may be modified at any time and without prior notice by FRENCHWAREHOUSE, the applicable terms and conditions being those in force at the date of the order by the Customer.
The present general conditions of sale are permanently accessible.
13.3. Applicable law – Competent court
The present general conditions are subject to French law with regard to the rules of substance as well as the rules of form. Any dispute must be subject to a prior attempt at amicable settlement.
In the absence of amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding multiple defendants or warranty claims.
13.4. Reproduction of applicable texts (order 2005-136 of February 17, 2005, consumer code, civil code)
Art. L. 211-4. of the Consumer Code
The seller is obliged to deliver a good in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Art. L. 211-5. of the Consumer Code:
– To conform to the contract, the property must:
(1) be fit for the purpose ordinarily expected of similar property and, where applicable :
– correspond to the description given by the seller and have the qualities that the seller has presented to the Customer in the form of a sample or model;
– have the qualities that a Customer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Art. L. 211-12. of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Art. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which reduce this use so much that the customer would not have acquired it, or would have given only a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
