General Terms and Conditions of Sale
1 SCOPE AND DEFINITIONS
These General Terms and Conditions of Sale ("GTC") apply as soon as you access the FLEURS DE BAGNE Online Store www.fleursdebagne.com (the "Website") or place orders to purchase one or more products presented on the Website.
Any reference to "we" or "us" in these T&Cs refers to FATALITAS and any reference to "you" or "your" refers to you, as a user of the Website.
Please read these Terms and Conditions carefully before using the Website and placing your order. By accessing any part of the Website or ordering products from the Website, you agree to be bound by these T&Cs. We recommend that you keep a copy of these T&Cs for future reference. These GTC are only available in French.
2 OUR CONTRACT
Once finalized, your order constitutes acceptance of our offer, including acceptance of the price offered and the designated products. Consequently, when you confirm your order, you agree to be bound to our company by a sales contract, subject to the availability of the products and the validation of your payment under the conditions provided for in the article "PAYMENT and DEFAULT OF PAYMENT".
We remind you that this Website is intended exclusively for consumers. Purchases made from the Website are for your personal use, including for personal gifts, and may not be resold, used in a commercial context or used to make a commercial profit.
3 THE PROGRESS OF THE ORDER
You can choose items from our product range and put them in your "Shopping Cart" by clicking on the "Add to Cart" button. By clicking on the "Proceed to payment" button, you initiate the payment process for the products in the Shopping Cart. You will then be asked to provide us with your personal data (including payment data).
By clicking on the "Validate" button, you finalize the order of the products in the Shopping Cart.
Before finalizing an order, you will be able to view and modify the details of your order at any time by clicking on the "Shopping Cart & Payment" button.
You must also accept these General Terms and Conditions before placing an order. If you do not accept these T&Cs, you will not be able to order products on the Website.
The placing of your order constitutes a sales contract between you and us, subject to the availability of the products ordered. You will automatically receive an email confirming receipt and details of your order ("the Confirmation Email"). We recommend that you print and save the Confirmation Email. The Confirmation Email is not a confirmation of product availability; it is simply an automatic acknowledgement of receipt that confirms that we have received your order.
We will send you a second email, which will confirm the availability of the ordered products (the "Delivery Email"), which we also recommend that you print and keep. If none of the ordered products are available, your order will be cancelled, and your credit card will not be charged. If only part of the products are available, they will be sent to you in accordance with these T&Cs, and you will only pay for the products delivered. You have the option to cancel your order until you receive the Delivery Email.
We will deliver the ordered product(s) to the delivery address indicated by the customer. It is imperative to verify its accuracy. Any forwarding due to incorrect address will be the responsibility of the customer.
Delivery costs are calculated according to the amount of the order, and are likely to change, according to the commercial offer periods defined by the seller.
Orders in France are shipped, by default, by Colissimo Suivi, a tracking number will be provided to track the progress of the order online. Nevertheless, another carrier may be mandated by the customer during the validation of his order.
For orders from the European Union and outside the European Union, the default carrier is FEDEX, however, another carrier may be mandated by the customer when validating his order... A tracking number will also be provided to track the progress of the online order.
Products are shipped three times a week, on Monday, Wednesday and Friday. The delivery time cannot exceed 10 days from the receipt of the order confirmation email in metropolitan France.
If you order many products, we may have to deliver your products in several instalments. If it is necessary to make more than one delivery, you will be informed in advance.
You will be responsible for the products once they have been delivered to you.
Your order will be sent to the delivery address you indicated when you placed your order. We cannot be held responsible if this delivery address is incorrect or incomplete.
The price displayed per product includes VAT for European Union countries and does not include shipping costs. They are indicated in Euro, European currency.
Prices are subject to change without notice.
6 PAYMENT AND NON-PAYMENT
Payment for your products must be made by credit card, bank transfer, Paypal or cheque as indicated on the payment page.
Full payment of the price, including shipping costs and any additional costs for services you have ordered, will be debited from your corresponding account, after checking the availability of the ordered products, at the time or shortly before the products are shipped to you. We will only deliver the products to you if your payment is effective.
You confirm that the credit card or paypal account used is yours.
Your bank details will be processed securely.
To return a product, you must first contact FATALITAS ([email protected]) to indicate the reason for the return. After agreement between the two parties, the customer must return the product at his own expense.
If the return is due to an error on the part of FLEURS DE BAGNE (reference, size, hidden defect...), FLEURS DE BAGNE undertakes to reimburse the delivery costs and to reship a new product at its expense. The customer can also request a full refund of the product and shipping costs.
Any returned product must be in its undamaged, unworn condition and in its original packaging. If the product concerned does not comply with these conditions, the product will be returned to the customer at his expense.
During commercial operations, promotions, sales periods or specific rates, no return with refund request can be made. During these periods, items may be exchanged.
For any information regarding the return, please send an email to ([email protected])
8 RIGHT OF RETRACTATION
You may only return to us products that have been purchased directly from the Website. If you purchase your RING FLOWER products in a retail store, on another website or in any other point of sale, the products must be returned to the store or site where they were purchased. We reserve the right to refuse the return of goods that have not been purchased on www.fleursdebagne.com and we may ask you to pay the shipping costs for the return of each item to the indicated delivery location.
If, for any reason, you are not satisfied with our products, you have the right to cancel your order within seven (7) days of receiving your order, and you will be refunded in accordance with the provisions of this article, provided that the products are returned in packaging that allows them to be transported without delay to ATELIER N°23, 62 RUE DES CORDELIERS, 13100 AIX-EN-PROVENCE by registered mail, in their original condition, without having been damaged, washed, modified or worn, attaching the original packaging and any accessories relating to the products, such as labels. For any purchase made on our Website, refund requests, regardless of the delivery method, must be returned to us.
We inform you that for products made and customized according to your requests, you do not have the right to retract, exchange or refund.
We will send you a refund (including the initial shipping costs if all your order is returned to us), by re-crediting the credit card or Paypal account (or by cheque or bank transfer) used when placing your order, within thirty (30) days of your sending the returned products.
We are not required to accept returns and refund products that do not comply with the requirements of paragraph 7.
You bear the costs of the return.
9 YOUR PERSONAL INFORMATION
By providing information on the Website, you warrant that you are using your true identity and that all information provided is true, accurate, current and complete at the time you provide us with such information.
If you find that one or more of the information provided is incorrect or no longer valid, you will need to change it. Otherwise, we cannot be held responsible for the consequences that may result.
This personal information is only used in the context of the exercise of the www.fleursdebagne.com website in order to guarantee better order tracking and improved services. FATALITAS undertakes not to provide this personal information to any third party organisation without the prior consent of the customer.
The customer may at any time exercise his rights of access, rectification and refusal to process personal data, in accordance with Articles 38, 39 and 40 of the Data Protection Act.
To do so, please contact us at the following address: [email protected] It is also possible to unsubscribe from the newsletter or our mailings at any time.
10 INTELLECTUAL PROPERTY RIGHTS
Your use of the Website does not confer any intellectual property rights on the Website and its content. In particular, you have no rights over our creations protected by copyright, our designs and models and our trademarks, or those belonging to third parties.
We make the Website available to you solely for your personal, non-commercial use. The content of the Website may not be used for any other purpose whatsoever without our express written permission.
11 SERVICE MODIFICATION OR CGV MODIFICATION
We reserve the right to make changes to our Website and these GTC at any time. Your use of the Website and your orders will be subject to the Terms and Conditions in effect at the time of your use of the Website or your order for products, unless a change in these Terms and Conditions is required by law or by a governmental authority (in which case this change will also apply to all orders you have already placed).
12 APPLICABLE LAW
French law governs the contract between FATALITAS and the customer. In the event of a dispute, the competent jurisdiction is that of the French courts.
13 LEGAL INFORMATION
The Website is published by OXATIS, SA with a Board of Directors with a capital of 2,261,361.50 euros, registered in the Trade and Companies Register under number B 438 824 708.