Preamble
These general terms and conditions of sale apply between:
DE FIL EN AIGUILLE
A simplified single-person joint-stock company with a share capital of €2,000, whose registered office is located at 15 RUE DE LA POTERIE 93200 SAINT-DENIS, registered in the Bobigny Trade and Companies Register under number 951 210 939, represented by Mr. Lounis Koulla acting with the necessary authority as the manager:
Registered office: 15 RUE DE LA POTERIE 93200 SAINT-DENIS
Customer service email: adore.dfea@gmail.com
Hereinafter referred to as "DE FIL EN AIGUILLE"
And
Any natural person acting in a personal capacity or as a representative of a legal entity visiting or purchasing ready-to-wear products of the DE FIL EN AIGUILLE brand (Registered Trademark) on the website www.adore-paris.com
Hereinafter referred to as "User"
Any order placed on www.adore-paris.com, hereinafter referred to as the "SITE," implies prior consultation and acceptance of these general terms and conditions.
Since the SITE is an e-commerce space, the User acknowledges that their agreement to the content of these general terms and conditions of sale does not require a handwritten signature of this document.
The User is invited to save and print these general terms and conditions of sale, which serve as proof between the parties.
The User declares that they are of legal age and have full legal capacity to commit themselves under these general terms and conditions and, therefore, enter into contracts under French law.
1 – Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the remote sale of ready-to-wear products offered on the online sales space accessible on the SITE, from the placing of the order to after-sales services and warranties, including payment and delivery.
2- Enforceability of the general terms and conditions of sale
The version of the general terms and conditions of sale that is enforceable against the User is the one appearing on the SITE at the time the order is validated by the User.
The different versions of the general terms and conditions of sale are archived by DE FIL EN AIGUILLE.
The general terms and conditions of sale may be modified or deleted at any time.
3. Unavailability of the site
The SITE or access to one or more services within the SITE, such as the online sales space, may be temporarily or permanently closed without notice or compensation, and the User shall not be entitled to any compensation.
4. Products
4.1 Availability
The products offered for sale by DE FIL EN AIGUILLE are those listed on the SITE on the day the User consults the site.
Products are offered subject to stock availability. A product that is out of stock is indicated as such on the SITE and cannot be ordered. Occasionally, an error in stock quantities may occur. If a product is unavailable, DE FIL EN AIGUILLE undertakes to inform the User by any means within 5 days from the date of the order.
In such a case, DE FIL EN AIGUILLE may, in agreement with the User, schedule a new delivery date based on its restocking. In the absence of an agreement or if it is not possible to supply the ordered product, DE FIL EN AIGUILLE will refund the amounts paid by the User as soon as possible and no later than 30 days, without the User being entitled to any compensation.
4.2 Information/Warranties
Great care is taken to provide information online prior to the order being placed, especially regarding the essential characteristics of the products for sale, as well as payment and delivery terms. However, minor variations in the product representation that do not affect the essential characteristics may be present. These variations shall not, in any case, engage the contractual liability of DE FIL EN AIGUILLE. The visuals used on the SITE to represent the products are not contractual.
The products offered comply with current French legislation and applicable standards in France.
4.3 Use of Products
The customer agrees to use the products in accordance with their intended purpose and to comply with the instructions on the product labels for proper use and maintenance.
5. Prices
The prices related to the order of products are indicated in the online sales space dedicated for this purpose.
Prices are displayed in euros and include all taxes (T.T.C.).
Unless otherwise stated, these prices do not include shipping costs, which will be indicated in addition to the T.T.C. price before the order is placed once the User has chosen the delivery method and address.
The prices take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the product prices on the sales space.
The total amount of the order, including shipping costs, will be indicated before validation and proceeding to payment (T.T.C. price + shipping costs) in euros.
The product prices do not include communication costs related to the device used to access the SITE. These connection costs remain the responsibility of the User.
DE FIL EN AIGUILLE reserves the right to modify its prices at any time. However, products will be billed based on the rates in effect at the time the order is registered.
6 - Order
6.1 Placing an Order
Placing an order includes the following steps:
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Step 1: Fill the cart and validate it.
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Step 2: Identify or create an account on the site by filling in the mandatory fields of the identification and/or information forms. The User attests to the truthfulness and accuracy of the information thus provided.
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Step 4: Acceptance of all the general terms and conditions of sale by consulting them and ticking the "terms and conditions" box (box unchecked by default) - Step 5: Order validation by clicking on the payment button.
The User receives an electronic acknowledgment of receipt of their order.
Any order placed by the User via the aforementioned steps constitutes acceptance of the general terms and conditions.
6.2 Order Confirmation
In accordance with the applicable regulations, the contractual information will be confirmed when appropriate and at the latest at the time of delivery by email to the address provided by the User when placing their order or creating their account.
This confirmation email will include the following information:
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Description of the products;
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Identification of the order number;
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The total amount of the order (price excluding tax, T.T.C. price, shipping costs);
It is the responsibility of the User, under their own responsibility, to retain the contractual information on the medium of their choice.
DE FIL EN AIGUILLE reserves the right not to confirm the order, particularly in the case of refusal of payment authorization, incorrect address, or any other issue with the User's account. In such cases, DE FIL EN AIGUILLE will inform the User by email.
6.3 Evaluation
Upon creating an online account, the User has a personal space on the SITE allowing them to, among other things, find their past orders and their statuses.
7 - Payment
7.1 Payment Methods
Payment is made online by bank card: Carte Bleue, e-card, Visa, Mastercard, American Express card, or via a PayPal account. The product invoice will be included in the package containing the ordered product.
For credit card payments made on the SITE, DE FIL EN AIGUILLE uses the secure payment service Paybox. All information transmitted from the SITE to the payment system is systematically encrypted to ensure their confidentiality.
8 - Delivery Terms and Deadlines
8.1 Delivery Deadlines
The products ordered by the User will be delivered within a maximum period of 14 days from the confirmation of the order and its payment. The estimated delivery time is indicated on the site.
If a product is unavailable, DE FIL EN AIGUILLE undertakes to inform the User as soon as possible so that the User can be refunded as soon as possible and no later than thirty days after payment of the amounts they have paid.
In case of a foreseeable extension of the delivery time, DE FIL EN AIGUILLE undertakes to inform the User as soon as possible and by any means so that the User can then choose to maintain or cancel all or part of their order.
DE FIL EN AIGUILLE cannot be held responsible for the consequences of any events beyond its control, particularly cases of force majeure or fortuitous events, which may delay or prevent the delivery of the ordered product.
If the mentioned deadline is exceeded by more than 7 days, the User may cancel their order by sending a registered letter with acknowledgment of receipt to the registered office address indicated at the beginning of these terms and conditions. The cancellation will only be taken into account by DE FIL EN AIGUILLE if the shipment or delivery has not occurred between the sending and receipt of said letter. The User will be refunded within a maximum period of 30 days following the receipt of the registered letter by DE FIL EN AIGUILLE.
DE FIL EN AIGUILLE reserves the right to choose the carrier and guarantees the proper delivery of the products.
8.2 Delivery Control
DE FIL EN AIGUILLE guarantees the conformity of the delivered product to the essential characteristics described on the SITE and for its intended use.
The User must check the condition of the packaging and the conformity of the delivered product and, if necessary, make any reservations on the delivery note of the carrier and confirm them by registered letter with acknowledgment of receipt.
The registered letter referred to above must be sent within three days of receipt of the products, excluding holidays. Failing this, the buyer's action is time-barred.
8.3 Delivery Area
The shipment of packages is made from France to all countries, subject to customs constraints. Delivery in Metropolitan France is generally made to the home or to the pick-up point chosen by the customer during the order process.
Deliveries outside France will be made to the delivery address indicated by the User. For deliveries outside Metropolitan France, the User agrees to pay all taxes due on the importation of products, customs duties, value-added tax, and any other taxes due under the laws of the country where the order is received.
8.4 Shipping and Delivery Costs
The delivery costs are indicated to the User at the time of the validation of their order and are payable when they are validated.
Shipping costs vary depending on the type and number of products ordered, the delivery method, and the country of delivery.
9 - Legal Right of Withdrawal
The User has a legal right of withdrawal of 14 calendar days from receipt of their order to return any product that does not suit them and request an exchange or refund without penalty, except for return costs.
Returned products must be intact, complete, in perfect condition, and accompanied by a copy of the purchase invoice.
The right of withdrawal can be exercised by email or by letter to the address indicated in the Preamble.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, while the return costs will remain the responsibility of the User.
The refund will be made within a maximum period of 14 days from the receipt, by DE FIL EN AIGUILLE, of the products returned by the User under the conditions provided for in this article.
No refund will be made for damaged, opened, or incomplete products.
10 - Commercial Warranty
10.1 Warranty Period
All products offered on the SITE are covered by a warranty period of 12 months from receipt of the product(s) ordered by the User, subject to normal use and the User's compliance with the product maintenance recommendations.
10.2 Conditions for Implementing the Warranty
The warranty does not apply to damages caused by accident, negligence, or use not in accordance with the product's instructions. In addition, the warranty is not valid in case of opening or alteration of the product not carried out by DE FIL EN AIGUILLE or a third party approved by it.
In case of any issue with the product during the warranty period, the User is invited to contact DE FIL EN AIGUILLE by email or mail, with a description of the defect encountered and attaching any useful supporting documents.
DE FIL EN AIGUILLE may then ask the User to return the defective product to them in order to analyze it. If the defect is confirmed and covered by the warranty, DE FIL EN AIGUILLE undertakes to repair the product or replace it with an identical product. If repair or replacement is impossible, DE FIL EN AIGUILLE will refund the User the purchase price of the product.
11 – Legal Guarantee of Conformity and Hidden Defects
Products sold on the SITE are subject to the legal guarantee of conformity (articles L217-4 to L217-14 of the French Consumer Code) and the guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code).
11.1 Guarantee of Conformity
The legal guarantee of conformity applies to products that are defective, damaged, or do not match the description made by the seller. This guarantee is valid for a period of two years from receipt of the product.
In case of a defect found, the User can return the product to DE FIL EN AIGUILLE and will have the choice between repair or replacement. If repair or replacement is impossible, DE FIL EN AIGUILLE will refund the User the purchase price of the product.
11.2 Guarantee Against Hidden Defects
In addition to the legal guarantee of conformity, DE FIL EN AIGUILLE guarantees the User against hidden defects of the sold product for a period of two years from the discovery of the defect. To benefit from the hidden defect guarantee, the User must prove that the defect was hidden, existed before purchase, and makes the product unsuitable for its intended use.
In case of a hidden defect, the User can choose between the cancellation of the sale or a price reduction.
12 - Responsibility
DE FIL EN AIGUILLE cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular, a service interruption, external intrusion, or the presence of computer viruses.
DE FIL EN AIGUILLE cannot be held responsible for any damage, material or immaterial, arising from the use or misuse of the products sold on the SITE. This limitation of liability is without prejudice to the application of mandatory legal provisions.
DE FIL EN AIGUILLE's liability, if any, shall in any case be limited to the amount of the order.
13 – Personal Data Protection
The personal data of the User collected during an order is necessary for the management of the order and for commercial relations between DE FIL EN AIGUILLE and the User. They may be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing, and payment.
DE FIL EN AIGUILLE is committed to protecting the privacy of the User and ensuring the confidentiality of their personal data. In accordance with the provisions of the French Data Protection Act of January 6, 1978, amended, and the General Data Protection Regulation (EU) 2016/679 (GDPR), the User has the right to access, rectify, delete, and oppose any personal data concerning them. This right can be exercised by writing to DE FIL EN AIGUILLE at the address mentioned in the Preamble or by email to the customer service address indicated.
14 - Intellectual Property
All elements of the SITE (texts, visuals, images, logos, graphics, etc.) are protected by intellectual property rights. Any reproduction, representation, adaptation, modification, distribution, or use, in any way whatsoever, without the prior and express authorization of DE FIL EN AIGUILLE, is prohibited and may constitute an infringement punishable by law.
15 - Evidence
The computerized records kept in DE FIL EN AIGUILLE's information systems under reasonable security conditions shall be considered proof of communications, orders, and payments between the parties.
The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.
16 - Applicable Law
These general terms and conditions of sale are governed by French law. In case of a dispute, an amicable solution will be sought before any legal action. If no amicable solution is found, the French courts shall have exclusive jurisdiction.
17 - Contact Details
For any questions or complaints relating to the use of the SITE, orders, or any other issues, the User can contact DE FIL EN AIGUILLE by email at adore.dfea@gmail.com or by mail to the address indicated in the Preamble.
18 - Miscellaneous Provisions
If any provision of these general terms and conditions is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
The fact that one of the parties does not invoke a breach of any of the obligations referred to in these general terms and conditions cannot be interpreted as a waiver to invoke any such breach in the future.
DE FIL EN AIGUILLE reserves the right to assign or transfer to any third party its rights and obligations under these general terms and conditions.
The User is prohibited from assigning their rights and obligations to any third party without the prior written consent of DE FIL EN AIGUILLE.
The headings of the articles of these general terms and conditions are for reference purposes only and shall not affect their interpretation.
ANNEX 2
EXTRACTS FROM THE CIVIL CODE AND CONSUMER CODE
LEGAL GUARANTEE OF CONFORMITY UNDER THE CONSUMER CODE
Section 2: Legal Guarantee of Conformity
Article L217-4
The seller must deliver a good that is in conformity with the contract and is responsible for any defects of conformity existing at the time of delivery.
The seller is also responsible for defects of conformity resulting from the packaging, assembly instructions, or installation when such responsibilities are outlined in the contract or carried out under their responsibility.
Article L217-5
A good is considered to be in conformity with the contract if:
1° It is suitable for the usual purpose expected of such a good and, if applicable:
- it matches the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- it has the qualities that a buyer can legitimately expect based on public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, made known to the seller, and accepted by the seller.
Article L217-6
The seller is not bound by public statements made by the producer or their representative if it is established that the seller did not know of these statements and could not reasonably have been aware of them.
Article L217-7
Defects of conformity that appear within twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller can contest this presumption if it is incompatible with the nature of the good or the defect of conformity claimed.
Article L217-8
The buyer has the right to demand that the good be brought into conformity with the contract. However, the buyer cannot challenge conformity by citing a defect that they knew of or could not have been unaware of at the time of contracting. The same applies if the defect originates from materials supplied by the buyer themselves.
Article L217-9
In the case of a defect of conformity, the buyer may choose between repair and replacement of the good.
However, the seller may refuse to follow the buyer's choice if it results in a cost that is manifestly disproportionate compared to the other option, considering the value of the good or the importance of the defect. The seller must then proceed, unless impossible, according to the option not chosen by the buyer.
Article L217-10
If repair and replacement of the good are impossible, the buyer may return the good and obtain a refund or keep the good and receive a reduction in the price.
The same option is available: 1° If the solution requested, proposed, or agreed upon under Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without significant inconvenience to the buyer given the nature of the good and the intended use.
However, the termination of the sale cannot be pronounced if the defect of conformity is minor.
Article L217-11
The application of the provisions of Articles L. 217-9 and L. 217-10 occurs at no cost to the buyer.
These provisions do not prevent the awarding of damages.
Article L217-12
An action resulting from a defect of conformity is subject to a limitation period of two years from the delivery of the good.
Article L217-13
The provisions of this section do not deprive the buyer of the right to exercise an action based on latent defects as provided by Articles 1641 to 1649 of the Civil Code or any other contractual or extracontractual action recognized by law.
Article L217-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable good, according to the principles of the Civil Code.
GUARANTEE OF LATENT DEFECTS UNDER THE CIVIL CODE
Article 1641
The seller is liable for latent defects of the sold item that render it unfit for the intended use or that significantly diminish its use to the extent that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects.
Article 1648
An action resulting from latent defects must be initiated by the buyer within two years from the discovery of the defect.