These general conditions of sale and use are intended to define the rights and obligations of the company FAUVE SARL and those of the users of its website. www.fauvelunetier.com(hereinafter referred to as "the Site").
If you have any questions about our general conditions of sale and use, I invite you to contact us so that we can answer your questions.
- Phone : 09 51 66 68 37
- Mail : email@example.com
Article 1: General
1. The following provisions establish the general conditions of sale of the products offered by FAUVE SARL on its website at the following address: https://www.fauvelunetier.com. FAUVE SARL is a SARL with a capital of €80,000 whose head office is located at 43 rue de Poitou 75003 Paris and is registered with the Paris Trade and Companies Register under SIRET number 889 120 697 and VAT FR37889120697.
2. On the Site, FAUVE SARL allows the Customer to order eyeglass frames online (hereinafter referred to as the "Product"), without corrective lenses for sight.
3. FAUVE SARL defines the Customer as being a buyer, individual, consumer, who buys Products under the conditions provided for herein.
4. Any order placed with FAUVE SARL on the Site entails the Customer's unreserved acceptance of these conditions (by clicking on "order"). These general conditions may be modified at any time and without notice by FAUVE SARL, the applicable conditions being those in force on the date of the order or the placing of the Product online. This acceptance can only be full and complete: any conditional membership is considered null and void.
5. The Site is normally accessible to users at any time. FAUVE SARL may however decide to interrupt for technical maintenance purposes, the dates and times of which will be communicated in advance as far as possible.
6. FAUVE SARL makes it impossible to purchase Products without having first accepted the clauses below.
7. Partial invalidity of a clause: if any of the stipulations of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not invalidate the other stipulations.
Article 2 – Identification of the seller
Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy requires that users of the Site be aware of the identity of the parties involved in its design and maintenance:
- The owners are: FAUVE SARL – 43 rue de Poitou 75003 Paris.
- The creators of the spectacle frames are Mrs. ARACIL Raphaëlle and Mrs. HERAULT Clémence.
- The Site is hosted by Planet Work.
- The Site is edited by Prestashop.
Article 3 – Products and compliance
3.1. The products are guaranteed new.
3.2. The Products offered for sale are presented on the FAUVE SARL Website and accompanied by a description.
3.3. The photographs on the Site are as faithful as possible to reality, but cannot ensure a perfect similarity with the product offered, and have no contractual value. In addition, the Customer has a description for each Product containing the essential characteristics of the Product concerned.
Article 4 – Obligations and capacity of the Client
4.1. The Customer declares to be at least eighteen (18) years old and to have legal capacity.
4.2. In the event that the Customer is under the age of eighteen (18), he may use the payment service only with the participation of a parent or legal guardian. The Customer must therefore ensure that they have read the General Conditions in the company of a parent or legal guardian so that everyone is aware of their rights and responsibilities.
4.3. The Customer undertakes to communicate to FAUVE SARL, via the Site, real and necessary information for the performance of the service covered by these conditions as requested online, in particular:
- His names
- His first name
- His address
- A valid phone number
- A valid email address
The Customer acknowledges being responsible for the consequences arising from false or inaccurate information transmitted or the recovery of which would be unlawful.
4.4. The Customer can modify his data in the "my account" section. The Customer also undertakes to update his data so that they are faithful to the reality of his situation.
Article 5 - Price
5.1. The price is expressed in euro (€).
5.2. The price takes into account the French VAT, applicable on the day of the order. If the VAT rate were to change, these changes would be reflected in the price of the items.
5.3. The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other taxes that may be applicable), excluding shipping costs, order processing costs and packaging costs.
5.4. The price indicated in the basket, invoice, customer area is the total price. He understands
- The price of the products
- Handling charges
- Packing costs
- Transport costs for metropolitan France.
FAUVE SARL reserves the right to modify its prices at any time, specifying however that the price appearing on the Site on the day of the order will be the only one applicable to the buyer. The products remain the property of FAUVE SARL until full payment of the price indicated in the basket.
Article 6 – Availability
6.1. FAUVE SARL can accept orders within the limits of available stocks.
6.2. The availability of the Product is indicated on the Product sheets. However, if during your order and despite the vigilance of FAUVE SARL, the Products turn out to be temporarily or permanently unavailable, the Customer will be informed by e-mail as soon as possible.
The permanent or temporary unavailability does not engage the responsibility of FAUVE SARL, and does not open any right to compensation or damages in favor of the Customer.
6.4. In the event that FAUVE SARL cannot provide the Customer with an item of equivalent quality and price, or if the Customer does not want an item of equivalent quality and price, the Customer may in fact cancel his order. In the event of permanent unavailability, and if it is impossible to provide an item of equivalent quality and price (from FAUVE SARL or refusal by the Customer), his order will be canceled automatically.
6.5. FAUVE SARL reserves the right to refuse any order or delivery in the event of an existing dispute with the Customer, for example:
- Total or partial non-payment of an order
- Payment by credit card refused
- Any other reasons that FAUVE SARL reserves the right to explain to its Customer
The responsibility of FAUVE SARL can in no case be engaged in this respect.
Article 7 – Order and secure payment
The Customer who places an order directly on the Site must follow the following procedure:
The Customer will choose the different products in which he is interested and click on the “Add to cart” link. He will then have the possibility: either to obtain a summary of the selected products by clicking on the "order" link or to continue his purchases. The Customer will complete his order by clicking again on “order”
In order to correctly validate his order, the Customer specifies the delivery method chosen according to the country. The order can only be registered on the site if the customer has clearly indicated his name, first name, e-mail address and delivery address which are personal to him.
FAUVE accepts that the Customer finances his orders using bank cards (Bleue, Visa, Eurocard/Mastercard). The site is equipped with Sherlock's secure payment solution, this solution allows you to carry out your transactions quickly and securely.
The Customer will then have to fill in the appropriate data for the payment method chosen. The Customer will then be able to view the summary of the order summarizing: the nature, quantity and price of the products selected by the user, as well as the method of payment chosen, the user's contact details and the delivery address of the package. . Any order implies acceptance of the prices and description of the products available for sale.
The order is validated once all the fields have been completed by the customer, and by clicking on the "Validate my order" button. FAUVE will acknowledge receipt of the order as soon as it is validated by e-mail.
Any purchase order signed by the consumer by the "double click" constitutes an irrevocable acceptance of the Customer towards the merchant (law of March 13, 2000 on the electronic signature), and cannot be called into question in the general conditions of sale and use.
Regarding the verification of payments, the Site checks all orders that have been validated on its site. These controls aim to protect the Site from abusive practices carried out by malicious people.
The Customer expressly declares that he has all the necessary authorizations for the purpose of using the payment method when validating his order. In the event of insolvency, FAUVE SARL also reserves the right to suspend or cancel any order or delivery in the event of non-payment or cancellation of payment.
Article 8 - Shipping
8.1.Packages are sent by Colissimo and shipped within 48 to 72 hours.
Article 9 - Delivery
9.1. FAUVE SARL delivers its products in Metropolitan France including Corsica, Monaco, Guadeloupe, Martinique, Réunion, Mayotte, French Guiana, Saint Pierre and Miquelon, French Polynesia and internationally.
9.2. The deadlines are 5 to 7 working days in France, 10 to 13 working days for Europe and 13 to 16 working days outside Europe for products available in stock).
9.3. Shipping costs vary by country. Free for Metropolitan France, €15 (euros) for countries of the European Union as well as the DOM/TOMs and €25 (euros) for countries outside the European Union. Prices may vary depending on current commercial offers.
9.4. Any customs fees remain the responsibility of the Customer, and are his responsibility.
9.5. The deadlines indicated during the ordering process are indicative, and do not bind FAUVE SARL.
9.6. FAUVE SARL undertakes to make every effort to ensure that the order is placed within an average period of 7 days and a maximum of 30 working days from the day following that of payment for the order via the Site.
9.6. The products are delivered to the delivery address indicated by the Customer when ordering on the Site.
9.7. FAUVE SARL does not ship on weekends and public holidays.
9.8. FAUVE SARL cannot be held responsible for the consequences due to a delay in delivery if FAUVE SARL provides proof that the non-performance or poor performance of the contract is attributable either to the Customer, or to an unforeseeable and insurmountable event, by a third party to the contract, or to a case of force majeure.
9.9. In the event of damaged parcels, FAUVE SARL invites the Customer not to receive it (cardboard box bearing visible traces of opening and/or deterioration): it must be refused. Indeed, packages leaving the premises of FAUVE SARL are always in good condition, and must be delivered to you as such. If a damaged package has been left in your mailbox, or in any other place provided for the reception of your package, the package is considered "accepted as is". If no reservation has been made within 3 days of receipt, FAUVE SARL will not be able to take into account any disappearances, nor to provide compensation.
Article 10 – Guarantee, return, and right of withdrawal
10.1. The Customer has a period of fourteen (14) clear days from receipt of the products to exercise his right of withdrawal.
10.2. Non-personalized products may be exchanged or refunded. Regarding personalized products, they do not benefit from the right of withdrawal (and therefore reimbursement), in accordance with the provisions of Article L. 121-21-8 of the Consumer Code.
10.3. If the Customer considers that one of the items is defective, non-compliant or that there is an error in the order, he has a period of 7 days from the date of receipt of the package to notify FAUVE SARL. FAUVE SARL therefore undertakes with the Customer to exchange it, reimburse it or issue a credit note, subject to the following instructions:
- Send a return request email to firstname.lastname@example.org and wait for a return authorization.
- The Product must not have been worn
- Use the original packaging to return the product
- Accompany the return package with the invoice issued by FAUVE SARL from the Site
- Send your package to the following address: FAUVE Lunetier 43 rue de Poitou 75003 Paris. In the case of the exchange in France, (and the exchange only),
Shipping costs for returns/exchanges are the responsibility of the customer. The shipping costs of the second shipment from the FAUVE SARL workshop are offered to you for all exchanges.
Items returned incomplete, damaged, will not be refunded or exchanged.
10.4. The exchange is at the Customer's risk. Therefore, FAUVE SARL encourages the Customer to return their Products by registered mail or with additional insurance, guaranteeing them, where applicable, compensation for the products up to their actual market value in the event of loss of this commodity. It will be the customer's responsibility to retain any proof of return.
10.5. In the event of an error attributable to FAUVE SARL (defective item or order preparation error), FAUVE SARL bears the cost of exchanging the item. The customer must send the carrier's invoice to FAUVE SARL to obtain compensation. FAUVE SARL guarantees the products against manufacturing defects for a period of 1 year from the date of purchase.
10.6. FAUVE SARL undertakes to reimburse or exchange within a maximum period of 30 days by credit card or check according to the Customer's goodwill. If the item is not returned by the Customer within 7 days of receipt of the return authorization email, the exchange is considered canceled and the Customer must keep the product.
Article 11 – Intellectual Property
FAUVE Lunetier is a protected trademark registered with the INPI and an equally protected domain name.
All elements of the site https://www.fauvelunetier.com, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
No one is authorized to reproduce, exploit, distribute or use for any reason whatsoever, even partially, the elements of the site (hereinafter the "Elements"), whether visual or sound. Any simple or hypertext link is strictly prohibited, except with the express written consent of FAUVE. In all cases, any link, even tacitly authorized, must be removed at the simple request of FAUVE. Hypertext links may refer to other sites. The latter disclaims all liability in the event that the content of these sites contravenes the laws and regulations in force. The use or reproduction of the trademarks present on the site is strictly prohibited, and more generally all elements protected or not under copyright, trademarks and other distinctive signs or property or intellectual property rights appearing on the Site, will remain the full and entire property of FAUVE, and their use is subject to the express agreement of FAUVE. No clause of these Conditions, nor any communication from FAUVE by any means whatsoever, can be interpreted as transferring ownership of the elements to the customer or to a third party, nor can it be interpreted as an implicit license to use said elements.
Consequently, any copy and use of one of the Elements presented, any parasitism derived from the operation of the site will be automatically prosecuted and sanctioned.
You can also contact us for any request concerning partnerships, the press as well as for any additional information concerning your parcels, your orders, our products or our brand at the following address: email@example.com
Furthermore, the fauvelunetier domain name is also protected with GANDI, and therefore benefits from the protection associated with this type of filing.
Article 12 – Confidentiality and protection of personal data
FAUVE undertakes to use the confidential information of Customers only in the context of the operation of its Site. Respecting your privacy, https://www.fauvelunetier.com treats all the information provided in complete confidentiality thanks to protected servers. This information is requested from the Customer for quality processing and careful monitoring of the order.
For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it. In addition, FAUVE may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the Site, for example by tracking the number of visitors to certain pages.
Your personal data is processed by FAUVE [www.fauvelunetier.com] as Data Controller. This information and that of your orders is processed mainly to create and manage your account, manage your orders and their follow-up, personalize your services, fraud prevention and for statistical analysis as well as for marketing and targeted advertising purposes. (customer knowledge, sending electronic communications and advertising profiling by combining data).
At any time, in accordance with art. 34 of the Data Protection Act of January 6, 1978 and the General Data Protection Regulations, "you have the right to access, modify, rectify and delete data concerning you". To exercise this right, simply send a letter to FAUVE Lunetier 43 rue de Poitou 75003 Paris, or send an e-mail firstname.lastname@example.org.
You also have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), in particular on its website www.cnil.fr. Most of the data concerning you will be kept for a period of 5 years from your last activity (eg purchase or expiry of your contracts) then archived with restricted access for an additional period of 5 years for strictly limited and authorized reasons. by law (payment, warranty, disputes, etc.).
Article 13 – Liability and force majeure
13.1. In the event of the occurrence of an event of force majeure (hereinafter the "event"), the party concerned must notify the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt, when the event is likely to have an impact on the sending of the Product, its receipt, payment, or any other element of the transaction. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals. All of the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
13.2. In the event of non-performance of the contract due to a case of force majeure, the host of the Site, the publisher, as well as the company FAUVE disclaim all liability.
13.3. FAUVE cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with law and case law.
Article 14 – Applicable law
Court of competent jurisdiction : these general conditions are subject to French law with regard to the substantive rules as well as the rules of form. Any dispute must be the subject of a prior attempt at amicable settlement before entering the competent court, and the French courts will have sole jurisdiction.
Art. L. 211-4 of the Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He also responds to defects of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility..
Art. L. 211-5 of the Consumer Code: to comply with the contract, the goods must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter has presented to the Customer in the form of a sample or model;
– present the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.
Art. L. 211-12 of the Consumer Code: the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Art. 1641 of the Civil Code: the seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the Customer does not use it. would not have acquired, or would have given only a lesser 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.