Terms and Conditions
www.fairee-paris.com (the "website") is published by the Enterprise fairee , Microenterprise, whose registered office is 7 rue Théodore Hamont 75012 Paris, registered in the Paris Trade and Companies Register under number 885 381 731 00011, VAT not applicable, art. 293 B of the CGI.
I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") to be made by any person (the "Customer").
The Customer must read the GTC before placing any order (the "Order"), the GTC being available on the Site.
fairee reserves the right to adapt or modify these T & Cs at any time. The version of the GTC applicable to any sale is the one appearing online on the site www.fairee-paris. com at the time of the Order. Consequently, the fact of placing an Order requires the entire prior acceptance and, without reservation, of the GTC by the Customer by clicking on the button "I have read and I accept the general conditions of sale".
II. SITE INFORMATION AND SITE ACCESSIBILITY
www.fairee-paris.com is an e-commerce site owned and operated by fairee .
The Site is accessible to all users of the Internet network in principle 24 / 24h, 7 / 7d, except interruption, scheduled or not, by fairee or its service providers, for the needs of its maintenance and/or security or in case of force majeure. (as defined below).
fairee cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
fairee does not guarantee that the Site will be free of anomalies, errors or bugs, or that the Site will operate without breakdown or interruption. In this regard, he may determine freely and at his entire discretion any period of unavailability of the Site or its content.
fairee cannot be held responsible for any problems with data transmission, connection, or unavailability of the network.
fairee reserves the right to modify the Site, for technical or commercial reasons. When these changes do not substantially and negatively alter the conditions for the provision of services, the Customer may be informed of the changes made, but their acceptance is not sought.
III. REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").
The Customer's registration on the Site is validated by doing this after checking the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, fairee cannot be held responsible for the inability to deliver Products.
To allow easier and faster registration or connection to the Site, the Customer has the option of automatically pre-filling the registration form using the "Facebook Connect" option.
To find out more about the protection of personal data during their collection, processing, and use, as well as the optional rights and parameters to protect their privacy, the Customer can consult the Facebook privacy policies on the site www.facebook. com.
By registering on the Site, the Customer declares and guarantees that he is of legal age and has the legal capacity to contract.
fairee may delete the Client's Account at any time, for any reason, in its sole discretion.
IV. PRODUCTS
The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are updated automatically in real-time. However, an error in the update, whatever its origin, does not engage the responsibility to make. As such, fairee cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks.
fairee takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, errors may appear on the Site, which the Customer recognizes and accepts.
fairee does not guarantee the accuracy or security of information transmitted or obtained through the Site.
It is possible that the Customer will receive, following an Order, a part previously returned by another person. It is specified that fairee only accepts the return of undamaged and unworn products, these two conditions being checked before returning the returned Products to stock.
V. ORDERS
Due to an incorrect delivery address or the Customer's failure to collect his Order from the selected collection point or from Chronopost, no reshipment can be made and the Customer will be refunded within five (5 ) days from receipt of the Order by fairee.
deliver the Orders within a maximum period of principle of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an international Delivery, this period being counted from the first working day after the validation of the Order (note that fairee does not deliver the Products to the following countries: Morocco, Brazil, Singapore, Taiwan, South Korea, United Arab Emirates). The day after a collection goes online and from November 23 to December 31, the delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be met, the Customer must ensure that they have communicated exact and complete information concerning the Delivery address (such as, in particular: street, building, staircase number, access, names and / or intercom numbers, etc.).
fairee cannot be held responsible for the delay in delivery that is not its fault or justified by a case of force majeure (as defined below).
If the Delivery deadline is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request in this regard, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, fairee cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by fairee being possible to the exclusion of any other form of compensation.
Returns will be charged for all orders placed on sale or at a marked price.
VI. REFUSAL TO PROCESS AN ORDER
fairee reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the Site. Despite the best efforts to make to meet the expectations of its customers, the latter may have to refuse to process an Order after sending the Customer the confirmation email summarizing the Order.
fairee cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.
fairee also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over payment for a previous order.
VII. PRICES AND TERMS OF PAYMENT
Product prices are indicated on the Site in euros , VAT is not applicable art. 293 B of the CGI., but excluding customs charges and other taxes. Customs charges and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and exclude value added tax (VAT) regarding the art. 293 B of the CGI applicable in France or that applicable in the country of delivery located in the European Union.
fairee reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the rates in effect at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash upon the actual Order.
Payment for purchases is made either via Paypal or via the secure platform of our payment provider STRIPE.
Paypal (Europe) S.à.r.l. et Cie, is a Luxembourg limited partnership with shares, registered with the Luxembourg R.C.S. under number B118349, with registered office at 22-24, Boulevard Royal - L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com.
Stripe. For any information, the Customer can consult the following website: https://www.stripe.com
The Customer expressly acknowledges that the communication of his bank card number to be made constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, an Order cancellation notification for non-payment is sent to the Customer by making the email address provided by the Customer when registering on the Site.
The data recorded and kept by fairee constitutes proof of the Order and of all past sales. The data recorded by Paypal or STRIPE constitute proof of any financial transaction between the Client and the Client.
VIII. DELIVERY
Deliveries are made by Chronopost or DHL services, from Monday to Saturday, depending on the option chosen by the Customer when validating his Order.
Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery").
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “FAQ” section.
When doing the shipping of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by ship.
Delivery is made to the delivery address indicated by the Customer, it being specified that this address must be the residence address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or PO boxes.
If it is impossible to make the Delivery, due to an incorrect delivery address or the Customer's failure to collect his Order from the selected collection point or from Chronopost, no reshipment can be made and the Customer will be refunded within five (5) days of receipt of the Order by fairee .
deliver the Orders within a maximum period of principle of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an international Delivery, this period being counted from the first working day after the validation of the Order (note that fairee does not deliver the Products to the following countries: Morocco, Brazil, Singapore, Taiwan, South Korea, United Arab Emirates). The day after a collection goes online and from November 23 to December 31, the delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be met, the Customer must ensure that they have communicated exact and complete information concerning the Delivery address (such as, in particular: street, building, staircase number, access, names and / or intercom numbers, etc.).
fairee cannot be held responsible for the delay in delivery that is not its fault or justified by a case of force majeure (as defined below).
If the Delivery deadline is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request in this regard, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, fairee cannot be held responsible for the damaging consequences of a delay in delivery, only reimbursement of the Product by fairee being possible to the exclusion of any other form of compensation.
Returns will be charged for all orders placed on sale or at a marked price.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order with the prepaid return slip provided by fairee, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return slip received with his Order. The return of Products is covered by fairee if the place of Delivery is in one of the following countries:
France, United Kingdom, Belgium, United States of America, Germany and Spain.
The return of the Products is the responsibility of the Customer and is done at his risk if the place of Delivery is not in the aforementioned countries.
9.3. Reimbursement of returned Products under the right of withdrawal
Reimbursement of the Order by debit is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, the refund is made subject to the fact that we have been able to recover the Products subject to the return and the refund request.
make the refund using the same means of payment that was used for the payment of the Order, unless the Customer expressly agrees to use another means of payment and to the extent that the refund does not result in costs to the consumer.
X. WARRANTIES - LIMITATION OF LIABILITY
Responsibility for any Product purchased on the Site is strictly limited to the purchase price of the latter . fairee will not be responsible for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of working or management time
- image damage
- loss of luck, and in particular to order a Product,
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, with the exception of the guarantees provided for by law.
fairee makes no warranty with respect to any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise deteriorate a functionality of a computer or interfere with the proper functioning of the same, including any transmission resulting from a download of any content carried out by the Customer, of the software used by the latter to download the content, from the Site or from the server which provides access to it. In this regard, the Customer acknowledges that it is his responsibility to install anti-virus and appropriate security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving to be harmful.
The Customer acknowledges that he assumes all the risks related to any content downloaded or obtained in any other way through use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
fairee is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the criteria of quality and resistance which are generally accepted for products of the same type and which can be reasonably expected.
In addition, fairee guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
Apparent defect - Guarantee - Legal compliance - Hidden defects
The presence of an apparent defect in a Product must give rise to a complaint by email: hello@fairee-paris.com
The Customer must comply with the procedure relating to the right of withdrawal by informing in advance by all means to do of the existence of this apparent defect, so that the return can be accepted.
Subject to the validation of a non-conformity or a hidden defect by the maker or the manufacturer as the case may be, the Customer benefits from the following guarantees:
fairee , whose registered office is 7 rue Théodore Hamont 75012 Paris, France, acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.
Thus the Customer:
- has a period of two (2) years from the delivery of the Product to act in the absence of conformity of the Product,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
- can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which has proved to be unfit for its use.
The warranty against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request reimbursement of the price paid, in accordance with Article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to head office. social de fairee , after sending an email indicating the reason for returning the Product.
For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility. "
Art. L217-5 of the Consumer Code: "The good conforms to the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Art. L217-7 of the Consumer Code: “Lacks of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. "
Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied. "
Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. "
Art. L217-10 of the Consumer Code: “If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. "
Art. L217-11 of the Consumer Code: “The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. "
Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the purchaser of the right to bring an action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extracontractual nature which is recognized by law. "
Art. 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lower price, if he had known them. "
Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself. "
Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee. "
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or keep the item and have part of the price returned. "
Art. 1646 of the Civil Code: “If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale. "
Art. 1648 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. (…) "
Force Majeure
In the event of the occurrence of an event of force majeure preventing the execution of these T & Cs, notify the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment. reception. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil unrest, insurgency, war, act of terrorism, inclement weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of the Customer or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
XI. PARTIAL INVALIDITY
If one or more stipulations of these T & Cs are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
XII. NON-WAIVER
No tolerance, inaction or inertia to act may be interpreted as a waiver of its rights under the terms of the GTC.
XIII. LEGAL INFORMATION
It is reminded that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and / or software from contamination by possible viruses circulating on the Internet.
XIV. EDITOR
fairee , registered in the Paris Trade and Companies Register under number 885 381 731 00011, VAT not applicable, art. 293 B du CGI, whose registered office is 7 rue Théodore Hamont 75012 Paris, France.
The director of the publication is Stephanie Lalinde legal representative of faire.
Contact: hello@fairee-paris.com
XV. HOST
Shopify
XVI. DESIGN AND PRODUCTION
Donato Salvador Amézquita Garza: hola@donato.mx
XVII. PERSONAL DATA AND COOKIES
In accordance with the provisions of law n ° 78-17 of January 6, 1978 relating to computers, files and freedoms, the site has been declared to the CNIL (Commission Nationale Informatique et Libertés) under the number 2039445.
All the information in your Account is only used in the context of your commercial relationship with www.fairee-paris.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are fully processed by Paypal or by the secure payment module of our partner STRIPE. The Site uses cookies (cookies) of which the user is informed when they arrive on the website, which allow information relating to the navigation of the computer on the website to be recorded. These cookies are only installed after acceptance by the user, continuing to browse the website constitutes acceptance. The user can object to the use of these cookies by setting his browser, knowing that access to certain services may require the prior acceptance by the user of cookies.