[title]
[message]Terms of Sales
Terms of Sales
I. IDENTITY OF THE SELLER
The seller is:
The company Faouzia Oudia Chaddad
Individual company, craftsman, registered with the Chamber of Trades under siret number 521 846 022 00023, whose head office is located at 9 rue Fernand Pelloutier 94500 Champigny-sur-marne
Telephone: 07 62 25 99 25 All orders on the Site are subject to these general conditions of sale. These are subject to modifications and updates, the conditions applicable to the order of a product by a customer are those in force on the day of the order. These general conditions of sale are subject to French law, unless mandatory provisions to the contrary arise from the Rome Convention on the law applicable to contractual obligations of June 19, 1980.
II. OBJECT
These general conditions of sale (hereinafter the “General Conditions of Sale”) exclusively govern sales made on the website (hereinafter the “Site”) of products offered by buyers having the status of consumers (hereinafter after the “Customer(s)) and specify the conditions of ordering, payment, delivery and management of possible returns of products ordered by Customers.
The General Conditions of Sale are made available to Customers on the Site where they can be directly consulted.
The General Conditions of Sale are enforceable against the Customer who declares having read them and having accepted them by checking the box “I accept the General Conditions of Sale” before implementing the online ordering procedure.
Le Vestiaire de Félicia reserves the right to modify its General Conditions of Sale at any time. In the event of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of validation of the order. It is therefore up to the Customer to refer to it during each order validation.
The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale.
The temporary or permanent non-application of one or more clauses of the General Conditions of Sale by Le Vestiaire de Félicia cannot constitute a waiver on its part of the application of this or these clauses or of the other clauses of the General Conditions of Sale which continue to produce their effects.
III. THE CUSTOMER
The customer of the Site must be a consumer, an adult natural person and legally capable. The customer must, when placing their first order on the Site, open a customer account and complete an order form specifying certain mandatory fields so that their product order can be taken into account by Le Vestiaire de Félicia.
The information communicated to Vestiaire de Félicia when opening its customer account or during each of its orders must be complete, accurate and up to date. Le Vestiaire de Félicia may, if necessary, ask the customer for confirmation - by any means - of this information and their identity.
Given the commercial policy described above, Le Vestiaire de Félicia reserves the right not to respond to orders from subjects that differ from the “Consumer” or to orders that do not comply with its commercial policy.
IV. PRODUCTS
Only top quality products are on sale. Producers and resellers are carefully selected for their rigorous quality controls.
Mathilde my muse does not sell second-hand, defective or quality products below the standards offered on the market.
The essential characteristics of the products are presented inside each of the product sheets. The images and colors of the products offered for sale on may, however, not correspond to the actual colors due to the effect of the Internet browser and the screen used.
Concerning personalized products, the customer acknowledges that he is simply “personalizing” a product created by and that this “personalization” does not involve any creative effort. All intellectual property rights relating to the personalized product belong exclusively to .
However, it is agreed, as a prerequisite to any sale of personalized product, that the customer undertakes, in the event of creation on his part, to transfer, where applicable, under the guarantees of right to: the model, including drawings, plans, product specifications possibly created by the Customer on the site and all copyrights attached to it.
The transfer includes the transfer of exclusive rights:
a) to manufacture, reproduce, distribute and/or sell the products
b) to manufacture, distribute and/or sell any product derived from the model or designs,
c) to grant any license or sublicense for any of the purposes listed above,
Le Vestiaire de Félicia considers that by validating the General Conditions of Sale, the Customer has duly read the conditions of transfer of the rights resulting from “his possible Creations” and accepts them without reservation. If the Customer transmits a personal motif or personalizes the product by adding text, he assures that the text and/or the chosen motif are free from third party rights. In the case of possible violations of copyright, personality or law, these are entirely the responsibility of the Customer and the latter will alone assume any possible legal consequences.
If Le Vestiaire de Félicia is prosecuted on this basis, the customer undertakes to indemnify Le Vestiaire de Félicia against any conviction that may result. The Customer also ensures that he does not infringe any other third party rights by individualizing the product.
V. PLACE ORDER
1. The steps
Taking an order on the Site is subject to compliance with the procedure put in place by a succession of different screen pages indicating the steps that the customer must follow to validate their order.
The customer will have the possibility, before definitively validating his order, to check the details of it and its total price, and to correct any errors, before confirming it to express his acceptance.
2. Verification of the order
Le Vestiaire de Félicia will also be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order as well as any order that does not comply with these general conditions of sale.
In these cases, Le Vestiaire de Félicia will inform the customer by telephone or by email. If the customer fails to contact Vestiaire de Félicia to correct elements that are incorrect or contrary to these general conditions of sale, Le Vestiaire de Félicia reserves the right not to process the order.
3. Procedure
Start by making your selection by browsing the site or using our advanced search mode if you know what you're looking for.
Click on the images to access the maintained pages, then the product pages to view the details of each product. Add the items to your cart after selecting the size and quantity by clicking “Add to Cart”.
Then check the nature of the items added to your basket.
To remove an item, click "Delete" and to change the number of items, change the quantity and click "Refresh".
You can then finalize your order or choose to continue shopping.
To conclude the contract for the purchase of one or more products on, you must complete the order form offered by the site by following the relative instructions.
The order form contains a summary of the General Conditions of Sale, but also information on the essential characteristics of each of the products ordered and the price relating to them (including applicable taxes), the means of payment that you will be able to use to purchase each product and the terms of delivery of the products purchased, the shipping and delivery costs, the conditions for exercising your right of return, and finally, the terms and times for returning the products purchased.
The contract is concluded when Vestiaire de Félicia receives, electronically, your order form and once the accuracy of the data relating to the order has been verified.
Before purchasing the products by submitting the order form, you will be asked to carefully read the General Conditions of Sale.
The order form will be archived in our database for the time necessary to ship the orders and according to legal deadlines. You can access your order form by consulting the “My account / My orders” section.
Before submitting the order form, you will also be asked to detect and correct any data entry errors.
The languages available to conclude the contract with Vestiaire de Félicia are French and English.
Once the contract is concluded, Vestiaire de Félicia will take care of your order.
In the event that the products presented on Vestiaire de Félicia are no longer available or on sale at the time of your last access to the site or sending of the order form, Vestiaire de Félicia must communicate to you promptly, and in all cases , before thirty working days from the day following your order, the possible unavailability of the products ordered. Vestiaire de Félicia does not provide refunds.
With the electronic transmission of the order form, you accept the General Conditions of Sale and you undertake to observe, in your dealings with Vestiaire de Félicia, these conditions. If you disagree with certain terms indicated in the General Conditions of Sale, we invite you not to transfer your order form for the purchase of products and to contact one of our account managers at +33 7 62 25 99 25 .
4. Modification or cancellation of order
Orders are not subject to change due to immediate execution and for technical reasons.
In the event of a malfunction of the site having affected orders or transactions, or a stock shortage concerning the products ordered, Vestiaire de Félicia will have the possibility of canceling online orders placed by customers. He informed the customer by email or telephone to tell them the cause of the cancellation of the orders placed.
VI. PRICES AND PAYMENT TERMS
The prices displayed on the Site are indicated in Euros (for France and countries belonging to the European Union), For all Countries with a delivery address in France and in countries belonging to the European Union the products will be invoiced in euros. The prices displayed on the E-shop are inclusive of all taxes (TTC), excluding delivery costs. The prices invoiced to the customer are those in effect on the date of the order.
For customers residing outside the territory of the European Union and in the French Overseas Territories, it is specified that the prices displayed on the Site will be invoiced with all customs taxes included. These prices must be understood as “delivered duty paid” (or DDP “Delivery Duty Paid”). Vestiaire de Félicia will pay the freight forwarder upon importation of the product, the total amount of costs relating to customs duties and formalities, import taxes applicable in the country where delivery is requested.
Payment of these costs which may be necessary for the entry of the ordered products into the delivery territory is the responsibility of Vestiaire de Félicia.
Payment is made by credit card or Paypal.
For payments by bank card, the customer must be the holder of the bank card used. He accesses a dedicated space made available by a banking establishment, which ensures the security and recording of the payment order.
The customer is informed that, in order to combat internet fraud, a check will be carried out with the competent banking establishments and organizations, questioned via the 3D Secure company system.
Since 2001, Visa and MasterCard have implemented a program to secure Internet transactions: 3D-Secure.
The purpose of this program is to combat fraud by asking Internet users who wish to make a payment on the Internet to identify themselves when paying by credit card on the online merchant's website.
During the transaction, the bank card holder is directed to a page of their bank and enters data that it can verify.
This security is materialized by the presence of the “Verified by VISA” or “MasterCard SecureCode” logos.
This service is not subject to any pricing.
In the event that, for whatever reason (opposition, refusal by the issuing center, etc.), the debit of the sums owed by the customer proves impossible, the order will not be recorded by Vestiaire de Félicia.
VII. DELIVERY
The customer is solely responsible for a delivery failure due to a lack of information when placing the order.
It is the Customer's responsibility to ensure the external appearance of the packaging and to note on the delivery note any visible damage to the packaging.
1. Delivery times
Colissimo: 2 to 3 working days
Le Vestiaire de Félicia undertakes to ship all orders placed before noon the same day (on working days only).
However, during busy periods such as Christmas, Mathilde ma muse reserves the right to extend the shipping time to 72 hours.
It is specified that any change of delivery address made by the Customer after registration of the order may result in an extension of the delivery time.
Vestiaire de Félicia and the carriers being distinct and independent entities, Vestiaire de Félicia cannot be held responsible for any delivery delay attributable to Colissimo.
2. Late delivery
In the event of exceeding the delivery deadline which had been indicated to the Customer which is neither attributable to the Customer, to an unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure, the Customer may request resolution of the sale by registered letter with acknowledgment of receipt or in writing on another durable medium. To do this, he must instruct Vestiaire de Félicia by registered letter with acknowledgment of receipt to deliver the Product(s) within a reasonable additional period of time. If Vestiaire de Félicia has not complied within this period, it may send a registered letter with acknowledgment of receipt of resolution.
The contract will be considered terminated upon receipt by Vestiaire de Félicia of the letter or writing informing it of this resolution, unless Vestiaire de Félicia has complied in the meantime.
If the delivery time constitutes an essential condition of the contract for the Customer, the contract will be considered terminated upon receipt by Vestiaire de Félicia of the letter or writing informing it of this resolution.
In the event of resolution due to late delivery of the Product(s), Vestiaire de Félicia undertakes to reimburse the Customer for all sums paid, at the latest within 14 days following the date on which the Customer terminated the contract.
VIII. RIGHT OF WITHDRAWAL AND RETURN TERMS
The customer has a right of withdrawal which he can exercise, without having to provide reasons, within fourteen (14) clear days from receipt of the products ordered.
When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.
To simplify the exercise of the right of withdrawal, Le Vestiaire de Félicia asks customers to notify it by any means. On this occasion, the customer will be able to have a credit in exchange.
The customer will also have the possibility to contact customer service by e-mail: feliciachristy49@gmail.com or by telephone on 07 62 25 99 25 for any additional information.
The products must be returned in perfect condition, complete (accessories, instructions, warranty, etc.) accompanied by the invoice and a note of explanation recalling the customer's contact details as well as their desire to receive a credit, to the address next :
Félicia Christy, 9 rue Fernand Pelloutier, 94500 Champigny-sur-marne, France
Shipping costs linked to the return of products remain the responsibility of the customer unless the product received does not conform or presents a manufacturing defect.
Any customs fees related to returning the product from a foreign country are also the responsibility of the customer.
Le Vestiaire de Félicia strongly advises its customers to return products by Colissimo or Lettre Max. The customer also has the possibility to choose the carrier of his choice. However, the return costs as well as the associated risks are the responsibility of the customer. It is therefore recommended to provide proof of this return, which requires that the products are returned with package tracking, or by any other means giving a certain date.
The right of withdrawal – in addition to respecting the deadlines and methods described in the previous points – is considered to be applied correctly in the event that the following conditions are fully respected:
has. We invite you to notify us by email or telephone of your return request.
b. The product must not have been worn, worn, modified, washed or damaged.
vs. If a label is attached to the product, it must not be detached.
d. Returned products must be sent to Vestiaire de Félicia in a single shipment. Vestiaire de Félicia reserves the right not to accept items from the same order, returned and shipped at different times.
e. The product must be returned in its original packaging and if you wish to return a kit, you must return all the elements that compose it.
Vestiaire de Félicia will reimburse you, in addition to the sums collected for the purchase of the products, the shipping costs for the delivery of the products purchased, only if the return of the products is due to a reason attributable to Vestiaire de Félicia, for example if the products do not have the essential characteristics promised, have manufacturing defects or if there are errors in their delivery. In the latter case, you can inform us by email or telephone.
In the event that the terms and conditions for exercising the right of waiver have not been respected, as above, you will not be entitled to see the amounts already paid to Vestiaire de Félicia. You will however be able to obtain, at your expense, your products, in the condition in which they were returned to Vestiaire de Félicia. Otherwise, Vestiaire de Félicia may retain the products, in addition to the amounts already paid for their acquisition.
Regarding returns of personalized products: Article L121-20-2 of the Consumer Code provides that “the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. »
However, we undertake to exchange clearly personalized products that do not correspond to your order (defective or non-compliant).
These exchanges will be carried out within 14 days after receipt of the products by us.
X. LEGAL GUARANTEES
Independently of any commercial guarantee that may be granted to the customer by Vestiaire de Félicia, all products supplied by Vestiaire de Félicia benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-13 of the Consumer Code and of the legal guarantee against hidden defects provided for in articles 1641 to 1648 of the Civil Code.
Under these guarantees, Vestiaire de Félicia undertakes, at the Customer's choice, to exchange defective products or products that do not correspond to their order.
Articles L. 211-4, L. 211-5, L.211-7, L. 211-12 and L.212-13 of the Consumer Code relating to the legal guarantee of conformity:
• Article L211-4 of the Consumer Code:
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
• Article L211-5 of the Consumer Code:
“To comply with the contract, the property must:
1° Be suitable for the use usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by 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 buyer, brought to the attention of the seller and which the latter has accepted.
• Article L211-7 of the Consumer Code:
“Defects in conformity which appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
• Article L211-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
• Article L211-13 of the Consumer Code:
“The provisions of this section do not deprive the buyer of the right to exercise the 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 extra-contractual nature which is available to him. recognized by law.
Articles 1641 and 1648, paragraph 1 of the Civil Code relating to the legal guarantee against hidden defects:
Article 1641 of the Civil Code:
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them. »
Article 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. »
To benefit from the guarantee, the Customer must contact Vestiaire de Félicia Customer Service by following the following steps:
1. Have the order number and reference of the item concerned (this information is indicated on your purchase invoice);
2. Send the request for support to the Vestiaire de Félicia Customer Service by email to the following address: feliciachristy49@gmail.com
In order to ensure rapid and high-quality processing of the warranty request, the Customer will specify his contact details, his order number and the reference of the article concerned and will detail as much as possible the problem encountered and, as far as possible, will attach email a photograph of the product defect.
XI. INTELLECTUAL PROPERTY
The Customer acknowledges that the Vestiaire de Félicia Products and the distinctive signs (image, photographs, packaging, product names, etc.) are the exclusive property of Mathilde ma muse.
The Customer is prohibited from any act of reproduction or use of product models, packaging, brands or distinctive signs, inventions, techniques or know-how used by Vestiaire de Félicia, as well as any act tending to the appropriation of these elements. , whether or not they are the subject of protection by Vestiaire de Félicia by a patent, trademark, registered design or copyright.
XII. COMPUTER AND FREEDOMS
The Customer is informed that the data he provides on the Website is subject to various automated processing of personal data.
In application of law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, it is recalled that the personal data which is collected from the Customer is necessary for the processing of his order. They can also be used for prospecting purposes. The purposes of each processing operation are described in relation to the processing concerned.
This data is intended for internal use by Vestiaire de Félicia. This personal data may also be transmitted to third parties, partners of Mathilde ma muse, unless the Customer objects to this during the collection of data concerning him.
The Customer's personal data is kept for the period strictly necessary to achieve the purposes for each of the treatments envisaged by Vestiaire de Félicia.
The Customer has a right of access, modification and opposition to the processing of data concerning him by contacting customer service by email at the address: feliciachristy49@gmail.com
XIII. RESPONSIBILITY
Vestiaire de Félicia cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's actions, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
XIV. SETTLEMENT OF DISPUTES AND APPLICABLE LAW
Sales concluded with Vestiaire de Félicia via the website are subject to French law.
For all disputes to which this contract could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law.