Terms of sale

These general terms and conditions of sale apply between:

 

DE FIL EN AIGUILLE

 

 single-member simplified joint-stock company with 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 and having the necessary powers as 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 who acts in an individual capacity or as a legal entity visiting or making a purchase of ready-to-wear products of the DE FIL EN AIGUILLE brand (Registered Trademark) on the website www.adore-paris.com

 

Hereinafter referred to as "Internet User"                                              

 

 Any order placed on  www.adore-paris.com hereinafter referred to as "SITE" requires prior consultation and acceptance of these general terms and conditions.

 

 Since the SITE is an electronic commerce space, the Internet user acknowledges being fully informed of the fact that his/her agreement regarding the content of these general terms and conditions of sale does not require the handwritten signature of this document.

 

 The Internet user is invited to save and print these general terms and conditions of sale, which are binding between the parties. 

 

 The Internet user declares that he/she is of legal age and has full legal capacity to enter into these general terms and conditions and thus 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 distance selling of ready-to-wear products offered on the online sales area accessible within the SITE from the placing of the order to after-sales services and guarantees, including payment and delivery.

 

2- Opposability of the general terms and conditions of sale

The version of the general terms and conditions of sale that is enforceable against the Internet user is the one appearing on the SITE at the time the order is validated by the Internet 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 area may, without notice or compensation, be closed temporarily or permanently,without an Internet user being able to claim 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 Internet user consults the site.

 The products are offered within the limit of available stocks. A product that is out of stock is displayed with this mention on the SITE and cannot be ordered. An error may occur in the quantities in stock. In the event that the product is unavailable, DE FIL EN AIGUILLE undertakes to inform the Internet user by any means at its convenience within 5 days of the order. 

 In this case, DE FIL EN AIGUILLE may, in agreement with the Internet user, schedule a new delivery date based on its restocking. In the absence of an agreement or the impossibility of disposing of the product ordered, DE FIL EN AIGUILLE will proceed to reimburse the sums paid by the Internet user as soon as possible and at the latest within 30 days, without the latter being able to claim any compensation.

4.2 Information/guarantees

The greatest care is taken in putting online, prior to placing the order, information relating in particular to the essential characteristics of the products put on sale, to the payment and delivery methods. However, minimal variations in the representation of the product and not relating to the essential characteristics may be present. These variations cannot 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 the standards applicable in France.

4.3 Use of the products

 The customer undertakes to use the products in accordance with their intended purpose and to comply with the instructions affixed to the product markings for proper use and maintenance of the latter. 

5. Price

 The prices relating to the order of the products are indicated on the online sales area dedicated to this purpose.

 The prices are displayed in euros in the amount including tax

 These prices do not take into account, unless otherwise stated, the shipping costs, which will be indicated in addition to the price including tax before placing the order once the Internet user has chosen the delivery method and the delivery address.

 The prices take into account the VAT applicable on the day of the order. Any change in the rate applicable to the TVA will be automatically reflected in the prices of the products in the sales area.

 The total amount of the order including delivery costs will be indicated before validation of the order and the passage to the payment stage. (price including tax + delivery costs) in euros.

 The prices of the products do not include the communication costs related to the device used to access the SITE. These connection costs remain the responsibility of the Internet user.

 DE FIL EN AIGUILLE reserves the right to modify its prices at any time. However, the products will be billed based on the rates in effect at the time the order is recorded.

 

6 - Order

6.1 Ordering

 

 Ordering includes the following steps:

- step 1: fill your basket and validate it.

- step 2: identify yourself or create an account on the site by filling in the mandatory fields of the identification and/or information forms. The Internet user attests to the truthfulness and accuracy of the information thus transmitted

- step 4: acceptance of all the general terms and conditions of sale by consulting them and checking the "general terms and conditions" box (box unchecked by default) - step 5: Validation of the order by clicking on the  payment.

The Internet user receives an electronic acknowledgement of receipt of his order.

Any order placed by the Internet user via the aforementioned steps constitutes acceptance of the general conditions.

 

6.2 Confirmation of the order

 In accordance with the applicable regulations, the contractual information will be confirmed in due course and at the latest at the time of delivery, by e-mail to the e-mail address indicated by the Internet user when placing his order or creating his account.

 This confirmation e-mail will include in particular the following information:

 - the description of the products;

 - the identification of the order number;

 - the total amount of the order (price excluding VAT, price including VAT, shipping costs);

 It is the responsibility of the Internet user to keep the contractual information on the medium of their choice.

 DE FIL EN AIGUILLE reserves the right not to confirm the order, particularly in the event of refusal of payment authorization, incorrect address or any other problem with the Internet user's account. In this case,DE FIL EN AIGUILLE will inform the Internet user by email.

 

6.3 Evaluation

 When creating the online account,  , the Internet user has a personal space on the SITE allowing him to find his past orders and his

 

7 - Payment

7.1 Payment methods

 Payment is made online by credit card: Carte Bleue, e-carte bleue, Visa, Mastercard, American Express card, or via a Paypal account. The invoice for the product will be included in the package containing the product ordered.

 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 its confidentiality.

 

8 - Delivery conditions and times

8.1 Delivery times

The products ordered by the Internet user will be delivered within a maximum of 14 days from the order confirmation and payment. The estimated delivery time is indicated on the site.

In the event of unavailability of the product, DE FIL EN AIGUILLE undertakes to inform the Internet user as soon as possible so that the Internet user can be reimbursed as soon as possible and at the latest within thirty days of payment of the sums he has paid.

In the event of a foreseeable extension of the delivery time, DE FIL EN AIGUILLE undertakes to inform the Internet user as soon as possible and by any means so that the latter can then choose to maintain or the total or partial cancellation of his order.

DE FIL EN AIGUILLE cannot be held responsible for the consequences of any events beyond its control, in particular cases of force majeure or unforeseeable circumstances, which tend to delay or prevent the delivery of the product ordered.

In the event of non-compliance with the deadline mentioned plus 7 days, the Internet user may cancel his order by sending a registered letter with acknowledgment of receipt to the head office address indicated at the top of these general conditions. The cancellation will only be taken into account by DE FIL EN AIGUILLE if the shipment or delivery has not taken place between the sending and receipt of said letter. The Internet user will be reimbursed at the latest within 30 days following 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 with the essential characteristics described on the SITE and this for use in accordance with its intended purpose.

The Internet user is required to check the condition of the packaging and the conformity of the delivered product, and to issue any reservations on the carrier's delivery slip if necessary and to confirm them by registered letter with acknowledgement of receipt.

The registered letter referred to above must be sent within three days of receipt of the products, excluding public holidays. Failing this, the buyer's action is foreclosed.

8.3 Delivery area

Packages are shipped from France to all countries, subject to customs constraints. Delivery in Metropolitan France is generally made to the home or to the collection point offered on the site and chosen by the Internet user, via Colissimo tracking, delivered without signature.

Delivery costs are indicated at the time of placing the order depending on the country and delivery options. The cost of sending by Colissimo is added to the amount of the order depending on the weight/volume of the order. The scales used are those in force by LA POSTE.

For other countries, DE FIL EN AIGUILLE is unable to inform you of customs or import taxes applicable to an order for a country located outside the European Union. It is therefore your sole responsibility to contact your customs office to obtain the necessary information and the costs incurred by the delivery of your product. These taxes or import fees are your responsibility.

 

9 – Warranty

9.1 Warranty for hidden defects (see Appendix)

DE FIL EN AIGUILLE is required to comply with the legal warranty for hidden defects, within the meaning of Article 1641 of the Civil Code, which states: "the seller is required to provide a warranty for hidden defects in the item that make it unfit for the use for which it is intended, or that so reduce this use that the buyer would not have purchased it, or would have paid a lower price for it, if he had known about them."

In all cases, DE FIL EN AIGUILLE cannot be held responsible for the improper use of the product by the Internet user, but also for non-compliance with the regulatory and legislative provisions in force in the country of receipt.

 

9.2 Non-conformity/defect (see Appendix)

In the event of non-conformity of the delivered product, the Internet user must inform DE FIL EN AIGUILLE Customer Service by e-mail, clearly stating the non-conformity noted as soon as possible

 

For this purpose, the Internet user may present any document likely to attest to the non-conformity of the product.  

 

9.2.3 Consideration of the Internet user's request

LMK undertakes, with regard to the Internet user's request, to exchange or refund the product to the Internet user. In the event of a clear cost difference between the 2 options, LMK will opt for the least expensive solution. In the event of a return due to a defect, LMK will reimburse the shipping costs upon presentation of the corresponding supporting documents and in any event according to the rates in force. The refund is made in proportion to the price of the product on the entire order.

Subject to the Internet user's consent, DE FIL EN AIGUILLE may offer them a credit note in place of the exchange or refund.

The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in article 10.

 

10 - Right of withdrawal

 In application of articles L 221-18 and following of the consumer code, the non-professional Internet user who purchases from a DE FIL EN AIGUILLE has a withdrawal period of thirty days from the date of receipt of the order.

 If the Internet user exercises this right of withdrawal, they must contact DE FIL EN AIGUILLE's Customer Service to make their decision known. DE FIL EN AIGUILLE will send him by email a withdrawal form to be added to the return package. The return of the item must be made in its packaging, in a correct condition, that is to say without excessive handling (absence of significant deterioration of the packaging), at the latest within seven calendar days following the communication of his decision to withdraw and accompanied by all the accessories and the indication of the invoice to which the products relate. 

An item that has suffered depreciation following excessive handling (in particular damaged, soiled, damaged returned incomplete, worn, without labeling, etc.) cannot be taken back. The return costs are the responsibility of the Internet user.

In the event of exercising the right of withdrawal, the Internet user will be reimbursed for his order, within a maximum period of 14 days from the actual return of the product or failing that within the same period if the Internet user provides proof of reshipment of the product, with the exception of the return costs that he will have incurred.

Any return of products must be the subject of a request made by e-mail to our customer service as specified at the top of these terms.

 

11 - Protection of personal data

 The information requested, in particular via the forms, is necessary for processing the order and will be communicated to the service provider(s) in charge of fulfilling the order, in particular the carrier and/or any competent authority for the settlement of a dispute between DE FIL EN AIGUILLEDE FIL EN AIGUILLE and an Internet user. They may also be used to better understand the Internet user and adapt the DE FIL EN AIGUILLE offer to the needs of the Internet user.

 In accordance with law n°78-17 of January 6, 1978 relating to information technology, files and freedoms, the processing of personal information collected on the SITE has been the subject of a declaration receipt n°2009240 v 0 to the National Commission for Information Technology and Freedoms. The Internet user has the right to access, modify, rectify and delete data concerning him. To exercise this right, the Internet user must send an e-mail to DE FIL EN AIGUILLE customer service at the following e-mail address:contact@adore-paris.comor a letter to the head office address indicated at the top of these general conditions. The Internet user must attach a copy of an identity document signed by hand accompanied by the words "certified as true to the original".

 

12 - Intellectual Property

The elements belonging to DE FIL EN AIGUILLE, such as the SITE, the brands in particular AMY DEM, the designs, the models, the images, the sound and video clips, the texts, the photos, the logo, the graphic charter, without this list being exhaustive, are the exclusive property of DE FIL EN AIGUILLE.

These general conditions do not entail any transfer of any kind of intellectual property rights on the elements belonging to DE FIL EN AIGUILLE for the benefit of the Internet user.

DE FIL EN AIGUILLE grants you a right of access to the site on a non-exclusive, personal, non-transferable basis and for use that complies with the conditions defined herein. Any other use constitutes counterfeiting and is subject to criminal penalties under Intellectual Property law.

The Internet user shall not infringe, directly or indirectly, the property rights of DE FIL EN AIGUILLE and shall not exploit in any way whatsoever the names, brands and logos. The Internet user undertakes to respect all of DE FIL EN AIGUILLE's rights and is prohibited from creating any analogy in the public mind for any purpose whatsoever.

Hypertext links to the SITE's home page or any other page must systematically be the subject of a request for authorization and must be removed upon simple request from DE FIL EN AIGUILLE.

 

13 - Liability

DE FIL EN AIGUILLE cannot be held liable for the non-performance of its obligations due to a case of force majeure in the sense generally accepted by French law and courts or for causes beyond its control.

In any event, DE FIL EN AIGUILLE's liability is limited to the price of the product sold unless otherwise required by law.

Furthermore, DE FIL EN AIGUILLE cannot be held liable in the extent permitted by the regulations in force for direct damages, in particular immaterial or indirect damages which could result from access to the site or from inappropriate use of the products within the meaning of the article "use of the products".

It is also recalled that hypertext links placed on the SITE refer to other sites whose contents remain the sole responsibility of the operators and owners of these sites.

 

14 - Entirety

In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with these general terms and conditions of sale.

15 - Duration

These conditions apply for the entire duration of the online publication of the services offered by DE FIL EN AIGUILLE.

16 - Proof

 The computerized records, kept on the servers of DE FIL EN AIGUILLE or on those of its hosts, will be considered as proof of communications, orders and payments between the parties. 

17-Applicable law

These general conditions are subject to French law. This is the case for both substantive and formal rules.

In no case does DE FIL EN AIGUILLE give any guarantee of compliance with local legislation that would be applicable when an Internet user accesses the site from another country.

 

In the event of a dispute, the litigation will, in the absence of an amicable agreement, be under the exclusive jurisdiction of:

 

-        the Paris commercial court for a dispute between DE FIL EN AIGUILLE and a professional;

 

-        of the competent French court for a dispute between DE FIL EN AIGUILLE and a non-professional.

 

ANNEX 2

EXTRACTS FROM THE CIVIL AND CONSUMER CODE

 

LEGAL GUARANTEE OF CONFORMITY OF THE CONSUMER CODE

 

Section 2: Legal guarantee of conformity

Article L217-4

The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility.

 

Article L217-5 

The good conforms to the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L217-6

The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.

 

Article L217-7

Lack of conformity that appears within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.

 

Article L217-8

The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates from the materials that he himself supplied.

 

Article L217-9

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

 

Article L217-10 

If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. 

The same option is open to him: 

1° If the solution requested, proposed or agreed in application of Article L.217-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be implemented without major inconvenience for the buyer taking into account the nature of the goods and the use he seeks.

However, the sale cannot be cancelled if the lack of conformity is minor.

Article L217-11

The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.

These same provisions do not prevent the allocation of damages.

Article L217-12

The action resulting from the lack of conformity is prescribed by two years from delivery of the goods.

Article L217-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is 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 HIDDEN DEFECTS CIVIL CODE

Article 1641

The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

 

Article L217-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is 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 property, according to the principles of the civil code.

 

GUARANTEE OF HIDDEN DEFECTS CIVIL CODE

Article 1641

The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

 

Article L217-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is 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 property, according to the principles of the civil code.

 

GUARANTEE OF HIDDEN DEFECTS CIVIL CODE

Article 1641

The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.