General Terms of sale
This document outlines the general terms and conditions of sale between:
TSD - French Scarf
Limited company with a capital of €40 280
With its head office at:
65 Rue Jacques Louis Hénon
69004 LYON - FRANCE
E-mail : marie-ange@lafabriquedecharpe.fr
Henceforth known as “the Seller,”
and : Any individual wishing to make a purchase on the seller’s website, at https://www.lafabriquedecharpe.fr/ or https://www.french-scarf.com/
Henceforth known as ‘the Client.”
Purpose
The terms and conditions of sale define the contractual relationship between the Seller and the Client, and the conditions that apply to all purchases made on the Seller’s retail websites, https://www.lafabriquedecharpe.fr/ and https://www.french-scarf.com/, henceforth known as “the Site”.
The terms and conditions of sale here set forth, the Client is forbidden to purchase items for resale, in accordance with clause L 110-101 of the Commercial Code.
The Client must be at least 18 years old and have judicial capacity or have a parental authorization to order on the Site.
The acquirement of a product on the Site implies the Client’s complete acceptance of the General Terms and Conditions of Sale. These override any of the Client’s general or particular conditions.
The Seller has the possibility to change the General Terms and Conditions of Sale. However, the Conditions applied to the Client are those in effect at the date of their order on the Site.
Article 1 : The Website
1.1 The Website https://www.french-scarf.com/ is an e-commerce website that is accessible on the Internet at the address https://www.french-scarf.com/ and is available to any Internet user. It is managed by TSD - French Scarf company, a limited company with a capital of €40 280. The company’s head office's address is 65 rue Jacques Louis Hénon, 69004 LYON, FRANCE and is registered in the Lyon Trade and Companies Register under the number 321 225 898 000 30.
1.2 The Website proposes to sell a variety of accessories for men and women to Internet users browsing the Website. By virtue of the Terms of sale, it is agreed that the User andFrench Scarf will be collectively named "the parties" and individually called the "party", and that the User who validated an order will then be called the "Buyer". The rights and duties of the User inevitably apply to the Buyer.
1.3 French Scarf emphasizes that the Products are exclusively for the personal use of the Buyer and the purchase thereof may not have any direct link with their own professional activities. French Scarf reserves the right to refuse any order at its discretion.
1.4 The Buyer declares that he has full legal capacity.
1.5 The order of any Product offered on the Website presupposes the consultation and the express consent of the General Terms and conditions of Sale by ticking the box provided to that effect before ordering anything.
As a reminder, according to the provisions laid down in articles 1316 to 1316-4 of the Civil Code, supplemented by the Decree n° 2001-272 of 30 March 2001, for the application of the article 1316-4 of the Civil Code and concerning e-signatures, La Fabrique d’écharpe specifies that validating the order form as specified in the article 5.3 hereafter, constitutes an e-signature that has, between the Parties, the same value as a handwritten signature.
1.6 The aim of the General Terms and conditions of Sale is to define the rights and duties of the Parties which comes with the online sale of the Products offered on the Website.
Article 2 : The Products
a) Description of the Products
2.1 The Products offered by French Scarf are those shown on the Website on the day of its consultation by the User and within the limits of available stocks.
2.2 The Products are described and presented with the greatest possible precision. Photos which accompany the text are for illustrative purposes only and do not enter in the contractual field. As such, while French Scarf tries to represent Products displayed on the Website as faithfully as possible in the photos on the Website, variations may occur, especially given the technical limitations of color renderings of computer equipment.
b) Product Availability
2.3 French Scarf is required to honor orders only within the limits of available stocks. If one or more of the Products is not available, French Scarf is required to inform the User as soon as possible. French Scarf incurs no liability for stock shortages or Product unavailability.
2.4 Product unavailability can be notified to the User in the following ways: When they input their order, they will be informed that the Product they want is unavailable at the moment.
Or, after the validation of their order, an email will be sent to the Buyer from French Scarf to notify them.
2.5 If payment has already been made,French Scarf is required to refund the buyer as soon as possible. If the buyer has payed by Paypal, French Scarf will refund the amount via Paypal. If the buyer has payed by bank transfer or credit card, French Scarf will refund the amount by bank transfer on the bank account of the Buyer.
c) Retention of title
2.6 French Scarf retains title to the Products ordered until they are fully paid for.
Article 3 : Prices
3.1 The Prices of the Products are given in euros, not including any applicable taxes or delivery costs, on the day of the order.
3.2 The price billed to the Buyer is the price given on the order confirmation that French Scarf sent by email.
3.3 French Scarf reserves the right to update the prices at any time without notice. The Products will be billed on the basis of the rates that were posted when the order is entered, within the limits of available stocks. The posted rate is the one given on the Website, errors of typography excepted.
3.4 Prices are payable in full in a single installment when the order is confirmed.
3.5 The data recorded by the Website are proof of the transactions between French Scarf and the Buyer. The data recorded by the payment system is proof of financial transactions. The sale is final when secure services accept the transaction.
Article 4 : Payment
4.1 It is stated that you can pay on the Website by credit or debit cards, or via PayPal account. Products bought on the Website can be paid for securely, from France as well as from foreign countries, 24/7, via the bank cards below:
• Carte Bleue
• Visa
• Mastercard
4.2 The User will enter their card number, the cardholder name, the card expiration date, and the three digit security code on the back of the card. A 3D secure code will be requested by French Scarf’s bank to protect the Buyer’s account and ensure a secure transaction. The Buyer will receive the 3D secure code on their phone, or the Buyer will have to answer a question to ensure they have the right to use the credit card.
4.3 TSD French Scarf reserves the right to refuse a User’s order if French Scarf and the User are in a dispute of any kind.
4.4 TSD French Scarf uses the Webaffair secure payment system, through Credit du Nord bank. The Webaffair secure platform ensures the integrity of the data exchanged with the Buyer and protects it from any hacking attempts. This confidential data is then directly transmitted on Crédit du Nord bank’s servers, without ever being sent through the servers of French Scarf.
4.5 Stripe utilizes SSL (Secure Socket Layer) encrypted exchange protocol and provides all insurance required for transactions on the Internet.
4.6 French Scarf reserves the right to cancel any order which it deems to be presenting a risk of fraudulent use of the bank card.
Article 5 : The Order
5.1 The User may freely use the Website without any commitment to make a purchase.
5.2 To order, the User has to click on "Add to my bag". Each time an item is added to the Basket, a specific screen will appear.
5.3 At any time before confirming his order, the User can:
• Get a summary of the Products they selected and modify their order by clicking on the link "Basket"
• Continue their selection of Products by clicking on "Continue shopping"
• Finish the selection of the Products and confirm the order by clicking on "I confirm my Order".
5.4 To order the Products they chose, the User will click on “I confirm my Order,” and thus finalize their product choices.
5.5 An invoice will then appear on the screen, summarizing the nature, quantity, and price of the Products ordered by the User, as well as the shipping price and the order’s total price.
5.6 The User will have to provide correct personal information by filling in the form carefully, especially the mandatory information: their first and last name, email address, password, birth date, the delivery address, and the billing address.
5.7 The User is informed and accepts that the capture of his identifier is proof of their identity and affirms their consent.
5.8 The confirmation by the User of their order on the Website implies their agreement to the General Terms of Sale.
5.9 The User may then pay for their order by entering their banking information.
5.10 When the Buyer confirms the payment of their order, a summary will appear with the transaction number. This summary will also be sent in a confirmation e-mail to the Buyer.
5.11 An email confirming the order has been sent will be sent to the Buyer on the date the products ship, which includes the parcel tracking number.
Article 6 : Delivery
6.1 Products ordered can be delivered to any address worldwide that the Buyer may choose. The address of the delivery is given by the Buyer.
6.2 The orders are dispatched, depending on the Buyer’s selection, by the postal service, Colissimo, or TNT.
6.3 With all shipment options, the Buyer will be able to track their order via the Internet. French Scarf is committed to do its very best so that the order is fulfilled within a maximum of 30 days, starting from the date of confirmation of the order, except in cases of force majeure outlined in article 9. However, any order paid by check will be "confirmed" and taken into account only after La Fabrique d’écharpe receives the check.
6.4 The products ordered by the Buyer will be delivered to the address given by the Buyer on the order form or they will be left at the Post office attached to the delivery address of the Buyer, in case of absence of the recipient of the Order. If so, the postman will leave a delivery notice in the recipient’s mail box so that they can pick up their parcel during the post office’s working hours, within 15 days.
6.5 The delivery address cannot be a PO Box. The information submitted by the Buyer is part of the sales contract. If the information provided by the buyer is incorrect, French Scarf cannot be held responsible for any delivery failures or delays.
6.6 Shipping costs are calculated based on the destination and weight of the parcel, according to the rates established by postal services. For any delivery outside of metropolitan France, no matter the amount of the order, you have to pay the shipping costs. Package forwarding is the responsibility of the Buyer (i.e. the delivery address given was not correct, or the Buyer did not retrieve the parcel at the post office within 15 days), there will be additional charges, upon acceptance of the Buyer. If the Buyer does not accept to pay these additional charges, the order will be cancelled and the Buyer will be refunded the amount of the order to their bank account, minus the delivery charges.
For shipments outside France including DOM: "the customer will is responsible for paying any import taxes that may be incurred in the country of delivery."
6.7 Delivery timelines are available on the website and may vary according to your order availability.
Delivery timelines are processed on business days and correspond to the average order preparation and shipping schedule on the territory.
Delivery timelines start from the order confirmation date by the Seller.
The Seller commits to doing its best to deliver the order to the Buyer within the timetable stated above. However the timelines are for informational purposes only and any potential delays cannot result in any interest, damages, deduction or cancellation of the order by the Buyer. However, if the ordered products haven't been delivered within 7 days after the noted delivery date, for any reason other than force majeure, the sale can be cancelled by a written request from the Buyer or the Seller. The sums of money paid by the Buyer will be refunded, except for any compensation or deduction.
The Customer is the only responsible person for the non-fulfillment or the incorrect fulfillment of the Contract if it is due to the giving of improper information during the Order process (wrong or incomplete address, wrong name, etc.).
6.8 The Customer is required to check the state of the packaging as well as the state of the Articles upon delivery.
It is the Customer's responsibility to express their reservations or claims that they consider necessary, or to refuse the parcel, when the parcel is obviously damaged at the time of Delivery. The aforesaid reservations and claims shall be addressed to the carrier by registered letter with acknowledgement of receipt within 3 business days, except public holidays, that follow the Delivery date. Otherwise, the Customer has to send a copy of the letter to the Seller. The default of claim within the aforementioned period cancels any lawsuit against the carrier in accordance with the provisions of article L. 133-3 of the commercial Code.
The Customer must make sure that the delivered Goods correspond to the Order. In case of a discrepancy between the Goods in kind or in quality to the mentioned specifications in the Delivery slip, the Customer must inform the Seller by e-mail and send the Goods back to the given address with the return label provided by the Seller.
c) Limitation of liability
6.9 The Products offered are done so under the jurisdiction of current French legislation. French Scarf is not to blame in case of non-compliance with the legislation of the country where the Products are delivered. It is up to the Buyer to check with the local authorities if he is authorized to import or to use the Products ordered.
6.10 The only guarantee made is that the Products will be in perfect condition when they are handed over to the carrier. No other express or tacit guarantee is issued.
Article 7 : Exchange/Return of a Product: Right of withdrawal
7.1 The Buyer has a right of withdrawal for the following reasons:
• Non-fulfillment of the Product for any reason.
• Non-compliance of the Product
The RMA slip and the items must be resent to the following address at the customer’s expense :
TSD French Scarf
65 rue Jacques Louis Hénon
69004 LYON
France
7.2 In both cases referred to in 7.1, the Buyer can request an exchange or refund of the Product from French Scarf by writing to the email address: marie-ange@lafabriquedecharpe.fr.
7.3 In order to return a product, the Buyer will have to submit a request for a return within 15 days after receipt of the Product. The Product shall be returned to French Scarf at the address given in Article 11 (contact) and must meet the following conditions:
• Be in perfect condition,
• Not have been used,
• Be in its original packaging, and complete (woven pocket, accessories, etc. ), not worn and unwashed so that it can be re-sold in perfect condition. The returned item(s) will not be accepted if products have been damaged, altered, or worn by the Buyer.
• Be accompanied by the bill.
7.4 If the Product shipped is not what was originally ordered, or is defective upon delivery, return shipping fees are the responsibility of French Scarf. In this case, French Scarf will provide you with a prepaid return shipping label which you can use to return your package. Please contact our customer service at marie-ange@lafabriquedecharpe.fr to get it.
7.5 French Scarf does not accept postage due packages. Any risk associated with its transport is borne by the Buyer. French Scarf is not responsible if the parcel is lost.
7.6 If the above-mentionned conditions are met and if the Buyer wanted a refund for the Product, La Fabrique d’écharpe will refund the amount paid for the Product(s) bought by the Buyer to them within 14 days starting from the date of receipt of the returned Product by French Scarf.
Article 8 : Data protection
8.1 Supplying personally identifiable information is necessary for buying and selling things online, since such information is necessary for processing and delivering orders, as well as for creating the relevant invoices. Such information is strictly confidential. Failure to supply required information shall lead to the order being automatically rejected.
8.2 Our security protocol ensures the total confidentiality of the data transmitted. French Scarf is obliged not to transmit or exploit any personal information relating to the Buyer (Data Protection Act n°78-17), except if they are linked to his strict activity.
8.3 In accordance with the Data Protection Act n°78-017 of 6 January 1978, the User has the right of access, modification, correction or removal of data relating to him or her. To exercise this right, the User must sent a request to French Scarf by email or by mail (see the contact details in article 11(contact)).
Article 9 : Liability
9.1 French Scarf is required only to make its best effort to comply with every step of access and ordering on the Website (order process, delivery, customer service, etc.).
9.2 French Scarf cannot be held liable for any harm inherent in using the Internet, such as a breach in service, outside intrusion, or the presence of a computer virus, or for any event deemed to fall under force majeure, in accordance with case-law, in particular a strike of the postal services, a rupture in stock, the destruction or the total loss of stock, as well as any exceptional event.
Article 10 : Intellectual Property
All elements of the Website, both visual and audio, are protected and constitute intellectual and artistic property around the world. Reproduction in whole or in part is strictly prohibited without prior agreement.
Any and all reproductions or representations of the website are to be submitted to the express prior agreement of French Scarf.
Non-compliance with this obligation to obtain prior permission is an infraction that places the offender under the procedures of the criminal justice system.
All techniques such as framing or deep-linking are strictly forbidden unless special written authorization is delivered by La Fabrique d’écharpe.
The “La Fabrique d’écharpe” name is subject to a trademark registration at the INPI. In consequence, all unauthorized reproductions of this brand constitute a counterfeit act that can be the object of penal or criminal prosecutions.
The web user is thus forbidden to harm the “La Fabrique d’écharpe” brand. It is strictly forbidden to use or reproduce the La Fabrique d’écharpe name for any reason, on any medium without the prior and written authorization of La Fabrique d’écharpe.
Article 11 : Contact
By mail:
TSD French Scarf
65 rue Jacques Louis Hénon
69004 Lyon
FRANCE
By email: marie-ange@lafabriquedecharpe.fr
Article 13 : Partial non-validity
If a particular stipulation of these General Terms and conditions of Sale is held invalid or declared as such by any Authority of res judicata of the competent jurisdiction, the remaining provisions will remain in full force and effect.
Article 14 : The entire contract
13.1 These General Terms and conditions of Sale and the order summary transmitted to the Buyer form a single contract and constitute the whole of the contractual relationship between the Parties.
13.2 In case of contradiction between documents, the General Terms and conditions of Sale take priority.
Article 15 : Applicable Law and the Jurisdiction Concerned
These General Terms and conditions of Sale and the contractual relationship between the Parties are subject to French law.
Legal notices
www.lafabriquedecharpe.fr and www.lafabriquedecharpe.com are edited and distributed by:
SARL TSD with a capital of €40,280
Head office: 65 rue Jacques Louis Hénon France
Registered in the Lyon Trade and Companies Register under the number: 321 225 898
Intercommunity VAT n°: FR 321 225 898
Siret : 321 225 898 00030
APE Code : APE 172G
www.lafabriquedecharpe.fr and www.french-scarf.com are hosted by :
SAS OVH - http://www.ovh.com
2 rue Kellermann
BP 80157
59100 Roubaix
FRANCE
The Website in its entirety is considered to be the exclusive property of the company TSD - La Fabrique d’écharpe. No reproduction or representation can be made without the prior written consent of TSD.
