The purpose of this document is to inform you about the conditions under which The Fabric Shop collects and uses your personal data when you use The Fabric Shop website (www.lafabricshop.com)
The information you provide is intended for use by La Fabric Shop only.
The data collected will allow us to inform you when our site is updated. You have the right to access, modify, rectify and delete data concerning you (art. 39 of the French law "Informatique et Libertés" of January 6, 1978). You can, at any time, ask for the modification or the deletion, for legitimate reasons, of data concerning you at the following address by joining a copy of a proof of identity:
LA FABRIC SHOP
5 rue du Dr Michel Rosanoff (Passage E.Négrin)
06000 Nice, France
PREAMBLE – The Seller carries out an e-commerce activity and offers a service of selling Products online on the website www.lafabricshop.com. The present general conditions (hereinafter referred to as "Conditions") are exclusively reserved for consumer and non-professional Buyers.
ARTICLE 1 – DEFINITIONS The terms used within the Conditions will have the meaning which is given to them below: Buyer: natural person acquiring Products through the Site Seller: company SARL MIMEYA, 5 Rue du docteur Michel Rosanoff 06000 Nice, France, 04 93 55 19 89, email@example.com
N°siret: 530-957-869 00015 / TVA intracommunautaire: FR50530957869
ARTICLE 2 – OBJECT The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in the context of the sale of Products through the Site.
ARTICLE 3 – SCOPE OF APPLICATION The Conditions apply to all the sales of Products by the Seller to the Buyer, carried out by the means of the Site www.lafabricshop.com reserves the possibility of adapting or of modifying at any time the present general conditions of sale. In case of modification, the general sales conditions in force on the day of the order will be applied to each order. An Order will only be taken into account by the Seller after prior acceptance of the Conditions by the Buyer.
ARTICLE 4 – ORDERS The Buyer places an order through the Site. All contractual information is presented in French and English and will be confirmed at the latest at the time of delivery.
ARTICLE 4.1 – ORDER VALIDATION
The Buyer declares that he/she has read the Conditions before placing his/her Order and acknowledges that the validation of his/her Order implies the acceptance of their terms. Buyer further acknowledges that the Terms are made available to Buyer in a manner that permits their preservation and reproduction, in accordance with Article 1369-4 of the French Civil Code. In order to place the Order, the Buyer must provide the Seller with data concerning him/her and fill in an online form accessible from the Site. Until the final stage, the Buyer shall have the possibility to return to the previous pages and to correct and modify his Order and the information previously provided. A confirmation e-mail, acknowledging receipt of the Order and containing all of this information, will then be sent to the Purchaser as soon as possible. The Buyer must therefore provide a valid e-mail address when filling in the fields relating to his/her identity.
ARTICLE 4.2 OFFERS VALIDITY - PRODUCTS UNAVAILABILITY The offers presented by the Seller on the website are valid as long as they are visible on the site, within the limits of available stocks. The photographs and descriptions of the products are given as an indication, and may undergo slight modifications without our responsibility being engaged or the regularity of the sale being disputed. Upon receipt of your order, we check the availability of the product(s) ordered. In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by e-mail as soon as it is aware of this unavailability. In case of unavailability, we commit ourselves within 30 days from the validation of the order to offer you either an exchange or a refund. In case of stock shortage on one of the products of your order: We ship the rest of your order.
ARTICLE 5 – PRICE - PAYMENT The prices of the Products indicated on the pages of the Site correspond to the prices including all taxes and excluding participation in the costs of logistic preparation and shipping. The Seller reserves the right to modify the prices of the Products presented on the Site. However, the Products shall be invoiced to the Buyer on the basis of the prices in force at the time the Order is validated.
ARTICLE 5.1 – PAYMENT METHOD The payment of the Order will be carried out : - By credit card: the payment is made by secure bank server at the time of the order. This implies that no banking information concerning you transits via the site www.lafabricshop.com. Payment by card is therefore perfectly secure; personal information transmitted from the site www.lafabricshop.com to the processing center is protected and encrypted by the SSL system (Secure Socket Layers); your order will be recorded and validated upon acceptance of payment by the bank. The payment order made by credit card cannot be cancelled. Consequently, the payment of the Order by the Buyer is irrevocable, without prejudice to the Buyer's right to exercise his right of withdrawal or subsequent cancellation of the Order.
ARTICLE 5.2 – PROPERTY TRANSFER The transfer of ownership of the Product to the Buyer shall not take place until the Seller has received full payment. However, as of the receipt of the order by the customer, the risks of the delivered goods are transferred to the customer.
ARTICLE 5.3 – PAYMENT DEFAULT La Fabric Shop reserves the right to refuse to make a delivery or to honor an order emanating from a consumer who would not have regulated completely or partially a preceding order or with which a litigation of payment would be in progress.
ARTICLE 6 – DELIVERY La Fabric shop is contractually linked with LA POSTE All the parcels are sent via their services. The amount of the Postage is calculated according to the weight and the destination, it is automatically communicated to you with the validation of your basket and is included in the total price to pay of your order. The Product will be delivered to the address indicated by the Buyer in the form filled in during the Order. All delivery times are calculated in working days. The Seller undertakes to process the Order within thirty days from the day following the validation of the Order. If the shipping time is exceeded, the order may be cancelled if the order is not shipped from our warehouses. To do so, simply contact our Customer Service Department. If you receive the package: refuse it and ask for a refund of your order from our Customer Service. As soon as we have the confirmation of the return of your package, we will refund you within 15 days. The times indicated are average times and correspond to the processing, preparation and shipment of your order (from the warehouse). They run from the validation of the order. To this time, it is necessary to add the delivery time of the carrier. The products always travel at the risk of the recipient who, in the event of delay, damage or shortage, must take recourse against the carrier or make the necessary reservations with the carrier to allow the exercise of this recourse. If the Product is delivered after the cancellation of the Order, the refund will take place upon receipt by the Seller of the Product in its original condition. The return of the Product and the reimbursement of the Buyer shall take place under the conditions provided for hereinafter in Article 7 "Cancellation - Withdrawal - Reimbursement".
ARTICLE 7 – CANCELLATION - RETRACTION - REFUND
ARTICLE 7.1 – RIGHT OF RETURN Procedure and general conditions: In order to identify and therefore optimize the processing of returns, any product that needs to be returned must be the subject of a return request to our services, otherwise it will be refused. The time limit for contacting our customer service depends on the reason for the return. The return request must be made to our customer service firstname.lastname@example.org. A confirmation of receipt of this return request will be sent to you by e-mail. Upon receipt of the agreement, you have 15 days to return the product. After this period, your return will be refused. We advise you to make the return by colissimo followed. Otherwise, if the package, sent by you, and returning to our services, did not reach us, you would not be able to launch an investigation with the postal services to ask them to locate it. Please note that any package not shipped by us is not under our responsibility. Only the sender of the package is able to launch an investigation with the postal services. In order to process your request correctly, please remind us of your order number and your full contact details. Please note: Upon receipt, our services will check the conformity of the returned product and the reason for return. If the returned product is not in conformity, it will be refused by our services and will be sent back to you, at your expense. If your return is made under a bad reason, your product can be refused and thus be sent back to you at your expenses. The reason for the return may be re-qualified. From then on, you will be informed by e-mail and the treatment of your return will be based on the new reason.
ARTICLE 7.2 – RIGHT OF RETURN FOR RETRACTATION As from the reception of the Product by the Buyer, the latter has a 14-day withdrawal period, allowing him/her, without having to justify any particular reasons, to return the delivered Product. If the Buyer makes use of this right of withdrawal within 14 clear days from receipt of the Product, the Seller undertakes to reimburse the Buyer without delay and at the latest within thirty days from the date on which this right was exercised. ATTENTION: No retraction will be accepted if the returned product is unfit for resale. Consequently: - The product must be returned in perfect condition, in its original packaging, undamaged and unmarked. The product must be accompanied by all its accessories. Otherwise, the product will be returned to you, at your expense. The postal charges of return will be charged to the Buyer. To exercise this right, the Buyer must first contact the customer service email@example.com. A confirmation acknowledging receipt of this return request will be sent by e-mail.
Products purchased in the "Sale and Outlet" collection will not be returned or exchanged
ARTICLE 7.3 RETURNS FOR REFERENCE ERRORS You have 14 days to inform us that the product received is not the product ordered: reference error, problem of size, color, characteristics, completely different product, defective... so that our customer service assigns you a return agreement number. The product must be returned in good condition and in its original packaging, even if it has been opened, with all its contents (accessories, cords, manuals ...). In order to correctly process your request, please remind us of your order number and your complete contact information. Processing of your return for reference error After receipt and acceptance of your package by our services, depending on the nature of the product, available stocks and according to your wish, we will offer you to reship the product originally ordered or an exchange product with equivalent characteristics. If you chose to be reimbursed, the amount of the totality of the order (product(s) + shipping costs if your order is composed of only one product) will be re-credited on the account debited within 30 days following the acceptance of your return. Upon presentation of proof of the expenses incurred, our customer service will proceed to the reimbursement of the latter by sending a check or credit to your account. Please note: The amount of the refund of these expenses will be based on the general public rates in force, communicated by the Post office for the colissimo followed. The maximum amount of refund will not exceed 15 € TTC.
ARTICLE 8 – GUARANTEE Without prejudice to the aforementioned right of withdrawal, the Buyer shall benefit from the warranty against hidden defects in the Product as provided for in Article 1641 of the French Civil Code. In addition, if the Product received by the Buyer does not conform to the Product designated in the Order, this Product shall be replaced or refunded, depending on the Buyer's wishes.
ARTICLE 9 – RESPONSIBILITY The responsibility of the Seller is limited to the direct and foreseeable damage which can result from the use by the Purchaser of the Site and the delivered Products. The responsibility of the Seller shall not be engaged if the non-performance or the bad execution of its obligations is attributable to the Buyer, to the unforeseeable and insurmountable fact of a third party foreign to the supply of the services provided for in the Conditions, or to an unforeseeable, irresistible and external case of force majeure. The Seller shall not be liable for damages resulting from a fault of the Buyer in the use of the Products.
ARTICLE 10 – INTELLECTUAL PROPERTY All elements published on the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the Intellectual Property Code and belong to the Seller. The Buyer is prohibited from infringing the intellectual property rights relating to these elements and in particular from reproducing, representing, modifying, adapting, translating, extracting and/or reusing a qualitatively or quantitatively substantial part of them, with the exception of the acts necessary for their normal and proper use.
ARTICLE 11 – PERSONAL DATA The Buyer is hereby informed that, when browsing and within the framework of the Order, personal data concerning him/her are collected and processed by the Seller. This processing is subject to a declaration to the Commission Nationale Informatique et Libertés (CNIL) in accordance with law n°78-17 of January 6, 1978. The Buyer is informed that his data : - are collected in a fair and lawful manner, - are collected for specified, explicit and legitimate purposes - will not be processed subsequently in a manner incompatible with these purposes - are adequate, relevant and not excessive with regard to the purposes for which they are collected and their subsequent processing - are accurate and complete - are kept in a form that allows the identification of the persons concerned for a period that does not exceed the period necessary for the purposes for which they are collected and processed. The Vendor also undertakes to take all necessary precautions to ensure the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorized third parties. This data is used to process the Order and to improve and personalize the services offered by the Seller. It is not intended to be passed on to third parties. The Buyer has the right to object to the processing of personal data concerning him/her and to the use of such data for canvassing purposes, in particular for commercial purposes. The Buyer may question the Seller in order to obtain confirmation as to whether or not personal data concerning him/her are being processed, information concerning the purposes of the processing, the categories of personal data processed and the recipients or categories of recipients to whom the data are communicated, communication of the personal data concerning him/her as well as any available information as to the origin of the data. The Buyer may also require the Seller to rectify, complete, update, block or delete personal data concerning him/her that are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited. In order to exercise this right, the Buyer shall send an e-mail to the Seller in its capacity as data controller, at the following address: firstname.lastname@example.org
ARTICLE 12 – CONVENTION ON EVIDENCE It is expressly agreed that the Parties may communicate with each other electronically for the purposes of these Terms and Conditions, provided that technical security measures are put in place to ensure the confidentiality of the data exchanged. Both Parties agree that the e-mails exchanged between them are valid proof of the content of their exchanges and, where applicable, of their commitments, particularly with regard to the transmission and acceptance of Sales Orders.
ARTICLE 13 – PARTIAL DISABILITY If one or more of the provisions of the Conditions are found to be unlawful or invalid, such invalidity shall not result in the invalidity of the other provisions of these Conditions, unless such provisions are inseparable from the invalidated provision.
ARTICLE 14 – APPLICABLE LAW The Terms are governed by French law.
ARTICLE 15 – ATTRIBUTION OF COMPETENCE The Parties agree that in the event of a dispute arising concerning the execution or interpretation of the Conditions, they will endeavor to find a compromise solution. If this attempt at an amicable resolution fails, the dispute will be brought before the competent courts.
N° SIRET: 530-957-869 00015
TVA intra-community :FR50530957869