General Terms and Conditions
Effective date: 02/02/2015
- COMPANY
IDLF SA is a public limited company with a share capital of 61,164.50 euros, whose registered office is located at 10, rue du Mail – 75002 Paris, registered with the Paris Trade and Companies Register under number 792 301 806, NAF CODE 7740Z, intra-community VAT number: FR67 792 301 806
Publication Director: Fabrice Boé As part of its activity, IDLF benefits from professional civil liability insurance taken out with AXA by Audit et Risk Solutions – 47, rue de Liège – 75008 Paris, under insurance policy no. 5855876304 covering the entire world excluding the USA/Canada
Hosting: Shopify
Customer Relations: IDLF Web Customer Service, 10 rue du Mail 75002 Paris, France
- SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE
Unless otherwise agreed by the parties, these General Terms and Conditions of Sale (hereinafter "GTC") define the rights and obligations of the parties in connection with the sale of products (hereinafter "the Products") offered on the website of IDLF SA ( http://www.inesdelafressange.fr ), hereinafter "the Website"). For any order providing for delivery of one of the Products offered for sale on the Website, the person placing the order will be considered to be the customer (hereinafter a "Customer"). Any Customer therefore declares to have read the general terms and conditions of sale and accepted without reservation the rights and obligations relating thereto. Ordering on the Website is exclusively reserved for consumers (see "definition of consumer" in article 5.1 of these GTC).
- ORDER TERMS AND CONDITIONS
Customers can order the Products on the Website: http://www.inesdelafressange.fr
3.1. 1st step: Validation of the order.
The order only becomes firm and final when the Customer presses the "Place order" button. By doing so, the Customer declares that they accept all of these General Terms and Conditions of Sale in their entirety and without reservation.
3.2. 2nd step: Customer Identification
When placing an initial order, the Customer must accurately complete the free and mandatory fields on the customer account creation form and then validate them. An email containing the Customer's username and password will then be sent to the email address provided by the Customer on the aforementioned form. A Customer who has already placed an order on the Site must, in order to continue their order, identify themselves using the username and password provided by IDLF SA. The email address provided by the Customer will be considered the email address for communication with the Customer. The Customer must take all necessary measures to ensure the proper delivery and receipt of emails sent by IDLF SA. Emails sent by IDLF SA will, as soon as they are sent, be considered as having been received by the Customer. The Customer must therefore ensure that they notify IDLF SA of any changes to the contact details used to contact them, including their email address.
3.3 . 3rd step: Payment of the order.
After confirming the contents of the order, the Customer must proceed to payment for the order. IDLF SA undertakes to confirm all orders placed by Customers by sending an email to the email address provided by the Customer when registering on the Website. After payment of the order, IDLF SA will provide the Customer with an original invoice including delivery costs and VAT available on the Website in the "My Account" section. The Products remain the property of IDLF SA until full payment of the price. IDLF SA undertakes to process all orders but only within the limits of available stocks. IDLF SA may be required to cancel or refuse the order of a Customer with whom it is in dispute regarding the payment of an order previously placed on the Website.
- PAYMENT TERMS
Payment is made only online by credit card, Paypal or via Alma. All transactions carried out on the Website are encrypted. The details of the payment cards used are neither recorded nor visible to our employees. The accepted bank cards are those offered to customers when paying for the order. The Customer's account will be debited after a maximum period of 4 days following the date of the order and the order will be considered effective after confirmation of the agreement of the payment centers. Bank charges charged to IDLF SA following the failure, whatever the cause, of a bank debit or bank transfer will remain the responsibility of the Customer.
- CUSTOMER'S RIGHT OF WITHDRAWAL
5.1. Scope.
In accordance with Article L.121-21 of the French Consumer Code, as a consumer (a natural person who places an order with IDLF SA acting for purposes that do not fall within the scope of their commercial, industrial, craft, or liberal activity), each Customer has a period of fourteen (14) calendar days to exercise their legal right of withdrawal. The Customer does not have to provide reasons for exercising their right of withdrawal. However, for statistical or quality control purposes, IDLF SA may ask the customer for the reasons for the return. In the case of an order for products, the withdrawal period is calculated from the receipt of the products.
5.2. Notification of withdrawal.
For 14 days from the day of receipt of the products, the Customer has several means to notify, unambiguously, his intention to withdraw to IDLF SA:
- A letter sent to the address: IDLF SA – 10 rue du Mail – 75002 Paris
- An email to the following address: contact@inesdelafressange.fr
For all returns, the Customer must return their package containing unused, unworn, unwashed items, with their original label and packaging.
You must include the order invoice and the return form. Then request a prepaid Colissimo slip from contact@inesdelafressange.fr .
- for French residents (Metropolitan France) a prepaid label exempting the Customer from any transport costs will be sent to them by email,
- for the rest of the world, the choice of carrier and shipping costs are the responsibility of the customer.
In accordance with the provisions of the Consumer Code, the Customer has an additional period of 14 days, from the communication of the withdrawal notification, to return the Products to IDLF SA.
5.3. Eccezioni.
In accordance with Article L.121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to the following products:
- Services fully performed before the end of the withdrawal period and the performance of which began after the consumer's express prior agreement and express waiver of his right of withdrawal;
- Products or services whose price depends on fluctuations in financial market rates beyond the control of the professional and which may occur during the withdrawal period;
- Products made to consumer specifications or clearly personalized;
- Products that are likely to deteriorate or expire quickly (such as foodstuffs or liquids);
- Products that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (such as lingerie);
- Products which, after being delivered and by their nature, are inseparably mixed with other items;
- Alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- Audio or video recordings or computer software when they have been unsealed by the consumer (i.e. when the blister has been opened, removed or torn, such as for example CDs and DVDs);
- Newspapers, periodicals, and magazines, except for subscription contracts to these publications;
- The provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
- Digital content not supplied on a physical medium, the execution of which has begun after the consumer's express prior consent and express waiver of his right of withdrawal. Consequently, any purchase of this type of product cannot be returned after receipt.
5.4. Product return procedures.
Return requests only apply to items purchased on the Website. For items purchased from one of IDLF SA's authorized resellers, the Customer must contact the latter directly. To return Products, the following terms must be met within 14 days:
- The products must be returned properly protected (if possible in their original packaging), in perfect condition for resale (unworn, undamaged, damaged or soiled by the Customer), accompanied by any accessories.
- The Products must not be damaged or spoiled in any way. They must be in perfect condition for resale and suitable for further marketing.
- It is imperative that the return package sent by the Customer includes their first name, last name, address, order number and the return form in order to be able to identify them.
In the event of exercising the right of withdrawal, the package must be sent to the company IDLF at the following address:
INES DE LA FRESSANGE NC LOGISTICS Warehouse, 17 avenue du Noyer à la malice, 95380 LOUVRES FRANCE
Please note that for returns outside the EU, we ask you to clearly state on the customs form that it is a "return" in order to obtain a return "free of duties and taxes" (without additional costs) and we also ask you to include the original invoices in the return package, specifying which items are being returned. IDLF will not bear any customs fees.
5.5. Reimbursement terms.
Exercising the right of withdrawal gives rise to a refund of the sums paid when ordering as soon as possible and no later than fourteen (14) days from the date on which the Customer exercised this right. The return of the Product(s) or services ordered will give rise to a refund equal to the total amount paid by the Customer, equal to the purchase price of the product(s) purchased. The refund may be deferred until receipt of the package containing the returned Product(s) or proof of shipment of the package, whichever comes first. The refund will be made by bank transfer and/or vouchers depending on the payment methods used when purchasing online. The partial return of some of the Products ordered will only give rise to the refund of the returned product(s). The initial delivery costs will not be included in the refunded amount because the amount of shipping costs is a fixed amount and does not depend on the number of products ordered. Finally, it is recalled that Products which do not comply with the conditions mentioned in article 4.4 cannot be returned and will therefore not be subject to a refund.
- DELIVERY
6.1. Place of delivery.
The Products ordered will be sent to the delivery address that the Customer indicated during the ordering process. The Products are delivered to Metropolitan France, Corsica, Monaco, Europe, North America and most countries in the world, the exhaustive list of which appears in the table "List of countries where the products can be shipped and transport and delivery costs payable by the customer, excluding free deliveries" at the end of Article 6 of the General Terms and Conditions. The prices of the items are inclusive of all taxes (20% as of January 1, 2015, excluding cases of reduced VAT provided for by the legislator), excluding transport costs. Prices are indicated in Euros. For deliveries made outside French territory, in accordance with the provisions of the General Tax Code relating to VAT, orders will be invoiced excluding taxes and the customer must pay the taxes applicable in their country of residence upon delivery. Delivery is free for all orders over €50 for delivery in mainland France and over €150 for delivery outside mainland France.
The Customer will receive by email a number and tracking information allowing him to follow the shipment of his order. The Customer has the possibility to choose the place of delivery (at his home, at his office, at a third party, etc.). If the Customer is not present at the address indicated upon delivery, a notice of passage is normally left in the mailbox: the Customer can then collect the package from a Post Office within 14 days following the deposit of this notice. This is only valid for France, Corsica and Monaco. For the rest of Europe and the world, the carrier makes three visits. If despite the three visits the carrier cannot deliver the package, it will be returned to the logistics operator. If the package is delivered by carrier, a notice is also left in the mailbox of the address indicated by the Customer when ordering. The Customer will be responsible for contacting the carrier to arrange a new delivery date. If the above-mentioned delivery times are exceeded, the package will be returned to the shipping address of IDLF SA. Customer Service will then contact the Customer for possible reshipment and if the Customer does not respond within a reasonable time, a refund will be issued.
6.2. Absence or Delay in Delivery.
If such a case should arise, the Customer can contact Customer Service at the following address : contact@inesdelafressange.fr .
The Customer has the right to cancel his order if the delivery of his order has not taken place at the end of the expected period. The Customer may order IDLF SA, by registered letter with acknowledgment of receipt, to make the delivery within a reasonable additional period. If IDLF SA has not complied at the end of this period, the Customer will have the option to cancel his order by registered letter with acknowledgment of receipt or in writing on another durable medium. Within 14 days of receiving the cancellation request, IDLF SA will make a refund request to its bank.
6.4. Partial delivery.
In the event of partial shipment, the Customer will be informed by email of the shipment of the products included in the package shipped. The Customer will be informed by a second email of the delivery of the other products ordered.
6.5. Delivery made.
Delivery of the Product(s) ordered is deemed to have been made upon the Product(s) being made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier, the Customer's signature on the package delivery slip, or any other process used by the carrier. Without prejudice to the time limit available to the Customer under his right of withdrawal defined in Article 4 above, the Customer must also:
- Check the conformity of the Products delivered at the time of delivery.
- Indicate any anomaly on the delivery slip in the form of a handwritten reservation accompanied by your signature (in particular if the package has been opened, if the package shows signs of deterioration, etc.).
- Send these reservations to the carrier by registered letter with acknowledgment of receipt within three calendar days, with a copy sent to IDLF SA.
List of countries where products can be shipped and transport and delivery costs to be borne by the customer, excluding free deliveries
- GUARANTEES
IDLF SA is bound to its Members by the legal guarantee of conformity mentioned in Articles L. 211-4 to L. 211-13 of the Consumer Code, and that relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 and 2332 of the Civil Code.
7.1. Legal guarantee of conformity.
As part of the legal guarantee of conformity, IDLF SA undertakes:
- either to repair or replace the product depending on available stocks,
- either to exchange a product for a product of equivalent quality and price depending on available stocks,
- either to reimburse you for the price of the product (against return of the product), or part of the price of the product (if the Customer keeps the product).
7.2. Legal guarantee of hidden defects.
As part of the guarantee against hidden defects, the Customer may:
- either keep the product and request a price reduction from IDLF SA,
- either return the product and request a refund of the price of the product from IDLF SA.
7.3. Product return procedures.
In the event of exercising one of these guarantees, the Customer may return the Product(s) in accordance with the terms set out in article 5.4
- PROTECTION OF PERSONAL DATA
PROTECTION OF PERSONAL DATA
In accordance with the French Data Protection Act of 6 January 1978, the Client has the right to access, rectify and oppose the processing of data concerning him/her by IDLF SA. The Client may exercise this right by sending us a letter to the following address: contact@inesdelafressange.fr or by mail to: IDLF SA 10, rue du Mail 75002 Paris, France.
The Customer may view or modify their personal data in the "My Account" section of the Website. The automated processing of personal information on the Website has been declared to the French National Commission for Information Technology and Civil Liberties under number 1803079. Registration by the Customer on the Website necessarily implies acceptance of these general terms and conditions of sale.
In all emails sent by IDLF SA there is an unsubscribe link through which the Customer can unsubscribe. The Customer can also modify his preferences via his account, under "My Address Book" or "Account Information". Personal data (address, email and telephone) may be transmitted to third parties to ensure proper delivery of the order. They are necessary for the processing and management of the customer's orders as well as for the commercial relations between IDLF SA and the customer. This data also allows IDLF SA to provide the customer with personalized services and to improve the relevance of the information offered to him. The data collected is intended for the use of IDLF SA, which is responsible for its processing.
If the Client has given IDLF SA his authorization, by checking the corresponding box, said personal data may also be transmitted to commercial partners.
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- MISCELLANEOUS PROVISIONS
9.1. Prescrizione.
All rights and actions arising from the contract concluded between the Client and IDLF SA are subject to the statutory limitation period when the Client is a consumer.
9.2. Waiver.
The fact that IDLF SA does not assert at any given time any of the stipulations of the General Conditions does not constitute a waiver of the right to assert them subsequently.
9.3. Nullity of a clause.
The invalidity in whole or in part of a clause of the General Conditions or its unenforceability does not affect the validity of the other clauses stipulated between the parties. The Client hereby undertakes to accept the substitution of a null or unenforceable clause by a valid and enforceable clause as close as possible to the spirit of the initial clause.
10. APPLICABLE LAW – COMPETENT JURISDICTION – DISPUTES
These General Terms and Conditions of Sale are subject to French law. In the event of a dispute regarding the interpretation, execution, or validity of these General Terms and Conditions of Sale, the French courts shall have sole jurisdiction. In the event of a dispute, the Customer should first contact IDLF SA to seek an amicable solution. To this end, the Customer is requested to contact IDLF SA's Customer Service Department by sending an email to the following address : contact@inesdelafressange.fr