General Sales Conditions
1) Purpose
These General Terms and Conditions of Sale exclusively govern sales made on the www.atelierlafanette.com website for products offered by La Fanette to general consumers and stipulate the conditions for ordering, payment, delivery and the management of returns, if any, of the products ordered by the Clients.The General Terms and Conditions of Sale are placed at the disposal of the Clients on the www.atelierlafanette.com website, where they can be consulted directly.
La Fanette reserves the right to modify these General Terms and Conditions of Sale at any time. In the event of the modification of these General Terms and Conditions of Sale, the General Terms and Conditions of Sale applicable are those in force on the date of validation of the order. It is therefore up to the Client to refer to these conditions when validating each order.
The nullity of a clause shall not result in the nullity of these General Terms and Conditions of Sale.
The temporary or permanent non application of one or more of the clauses of these General Terms and Conditions of Sale by La Fanette shall not constitute any waiver on its party of the right to apply this clause/these clauses or the other clauses of the General Terms and Conditions of Sale, which shall continue in full force.
2) The Costumers
To be a customer of the Site you must be a consumer, of legal age and with full legal capacity.We may, if applicable, ask you to confirm – by any means – your identity and the information given.
3) The Products
On www.atelierlafanette.com, we offer for sale semi-fine jewelry products and accessories.
The products offered for sale are those featured on the Website. La Fanette makes every effort to accurately present and describe the products.
It is, however, possible that the Website may contain minor errors, which you recognize and accept. In the event of any non-compliance of the product delivered with its description on the website, La Fanette agrees to remedy such non-compliance.
If the products ordered are no longer available, we will inform you by e-mail as promptly as possible and refund the price paid by you by crediting the credit card OR Paypal account used to make payment.
4) Ordering Products
a. The steps:
The acceptance of orders placed on the website is subject to compliance with the procedure set up by La Fanette. This takes the form of a series of succeeding screen pages indicating the steps to be taken by Clients to validate their order. You will have the possibility, before final validation of your order, to verify your order details and the total price, and to correct any possible errors, before confirming it and expressing your consent.
b. Verification of the order:
We are also entitled to refuse any order made by a Client with whom a dispute exists in connection with the payment of a former order as well as any order that is not compliant with these general terms of sale.
In such cases, we will inform the Client by e-mail. Unless the Client contacts us to correct the error or the non-compliance with these general terms of sale, La Fanette reserves the right not to process the order.
c. Procedure:
Placing an order online is easy. Using our search options, you can find whatever you are looking for. Click on the images to be taken to the category pages, then product pages in order to look at each product in detail. Articles can be added to your basket after you have selected the size and quantity of the garments. Make sure you check the size, color and quantity of products that you place in your basket. To delete an article, click on delete. You can then choose to place your order or to continue shopping. In order to finish the buying contract of one or multiple products on the site you must fill in the order form which is provided on the site by following the relative instructions.
d. Modifying or cancelling an order:
The modification or cancellation of an order is not possible if the order is already transmitted to our logistic department. The Client can contact the customer service by e-mail at the following address: info@atelierlafanette.com to check the status of his/her order.
In case of a major dysfunction of the Site regarding orders, transactions, or availability of products, La Fanette reserves the right to cancel orders. Clients will be informed by email or by phone.
5) Prices and terms of payment
The prices displayed on the website are in Euros (France and members of the European Union) in GBP Pounds (English-UK) or in US Dollars (any other country) and are displayed depending on the IP address of the client. Prices are VAT and shipping excluded. The prices invoiced to Clients are those applicable on the date of the order.
Payment of the total price of the products and shipping costs may be made by credit card or Paypal. Regarding the payment by credit card, the Client must be the owner of the credit card used for payment. If, for whatsoever reason (opposition, refusal by the issuing center, etc.), it is not possible to debit the amounts owed by you, your order will not be registered by La Fanette.
6) Delivery
To ensure lead times can be met, Clients should check that they have provided complete and accurate information concerning the delivery address (such as inter alia, road number, building number, staircase number, access codes, names and/or interphone numbers, etc.). Inaccurate information may result in longer delivery times or re-shipments.
The parcel is shipped according to the shipping method chosen by the Client. It is the responsibility of the Client to ensure that the package has not been damaged and (if necessary) report any damage. Any change in address made by the Client may lead to an extension of the lead time. La Fanette and shipping companies being distinct and independent business entities, La Fanette cannot be held responsible for any delivery delay.
Shipping Policy:
The price of International Shipping (outside the United States) varies on location and is calculated upon checkout.
If you are an International customers (located outside of the United States), please be aware that you may be responsible for custom duties and import taxes depending on your country. Duties and taxes are not included in the total at checkout. They are determined by the customs agency within the destination country. Although charges are not always incurred, assessment of duties and taxes will be based on the value of the order and the tax-free threshold, if it exists, for goods imported into the destination country.
Payment of any duties and import taxes is the responsibility of the recipient, and these fees are collected at the time of delivery. Please refer to the legislation in force in your country for more information.
The international shipping cost incurred at the time of check out is non-refundable. Customers will not be refunded the shipping cost in the event that an International Shipment is refused by the receiver.
Delivery delays:
If the Products are not delivered by the delivery date indicated to the Client for a reason that is not due to the Client, but is due to an unforeseeable or insurmountable third party event or a force majeure event, the Client may request the termination of the sale by registered letter with acknowledgement of receipt or in writing in another durable form. For this, he/she must order La Fanette, by registered letter with acknowledgement of receipt, to complete the delivery of the Product(s) within an additional reasonable timeframe. If La Fanette has not delivered within this timeframe, the Client may send a registered letter with acknowledgement of receipt terminating the order. The contract will be considered to be terminated upon receipt by La Fanette of the letter or written notice informing it of this termination, unless La Fanette has delivered the order in the meantime. If the delivery time constitutes an essential condition of the contact for the Client, the contract will be considered to have been terminated upon receipt by La Fanette of the letter or written notice informing it of this termination. In the event of termination due to the late delivery of Product(s), La Fanette undertakes to reimburse the Client for all the expenses incurred, at the latest within 14 days of the date on which the Client terminated the contract.
At the checkout, you can choose to include Route shipping insurance, which will be added to your cart for 2.5% of your order value. This will cover your package against loss, theft, or damage. We strongly recommend this option. If you would prefer to opt out of coverage, you can do so via the toggle button at the bottom of the cart side bar.
If your package is lost, stolen or damaged after it has been marked as delivered by the carrier and you did not protect it with Route, we will do everything we can to assist you, however, we are no longer responsible for packages once they have been successfully delivered.
7) Cancellation and return policy
Clients have a right of cancellation, without having to indicate the reasons for such cancellation, within a cooling-off period of fifteen (15) clear days from receipt of the products ordered. To simplify the exercise of this right of cancellation, La Fanette asks customers to notify it by e-mail at: info@atelierlafanette.com. This right to withdraw can only be used for products that have not been used in any way or altered by the Client. The products must be returned in perfect condition, in their original packaging, with the return form filled out and signed. No attempt must have been made to use the products. When the Client exercises his/her right to withdraw, he/she undertakes to return the Product within fifteen days following notice that he/she intends to exercise his right to withdraw. The costs of returning the product shall be borne entirely by the Client. La Fanette undertakes to reimburse the Client for all amounts paid, excluding the delivery costs (unless the item was defective when the Client received it).Potential duty taxes due to the return of a product are also at the Client charge.
La Fanette asks its Clients to return the item by mail with a tracking number. Clients are free to choose any shipping company, at their own risk.
The right to withdraw - besides compliance with the terms and procedures described above - shall be deemed correctly exercised once the following conditions have been fully met: You must send us an e-mail to info@atelierlafanette.com.
The products must not have been used, worn, washed nor damaged. The products must be returned in their original packaging.
The returned products must be sent to La Fanette in a single delivery. La Fanette reserves the right not to accept products belonging to a single order returned and delivered at different times. La Fanette shall refund the sums already paid for the purchase of the products and the shipping costs for the delivery of the purchased products to you only if the products are returned for reasons that may be due to La Fanette, as in the case where the products do not have the promised essential characteristics, have manufacturing defects or that they have been erroneously delivered. In the event that your return does not comply with the terms and conditions set out in these General Terms and Conditions of Sale, you will not be entitled to any refund of the sums already paid to La Fanette nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to La Fanette. If you do not wish to receive the products in the conditions in which they were sent back to La Fanette, La Fanette shall be entitled to keep the products and withhold the sums already received.
8) Refund Terms
The refund will be made in the same way that the product was originally purchased (Credit card Or Paypal).
The refund procedure shall be started by La Fanette within thirty (30) days starting when La Fanette receives the goods, after checking that the return right has been correctly exercised and that the returned products are accepted. If the recipient of the products, as placed in the order form, is different from the individual who made the payment for such products, the sums paid shall be refunded by La Fanette to the individual who made the payment.
Please note: La Fanette does not refund stolen packages in case tracking shows it has been delivered.
9) Statutory Warranties
Regardless of any specific warranty terms extended to customers with the product delivered, all La Fanette products sold on the website are subject to the following statutory warranties: Article L.211-4 of the French Consumer Code: “The vendor is required to deliver a product that complies with the contract and shall be liable for any non-compliances existing upon delivery. The vendor shall also be liable for non-compliances resulting from the packaging, the assembly or installation instructions where the vendor is liable under the contract for assembly/installation or where it was carried out under the vendor’s responsibility.”
Article L.211-5 of the French Consumer Code: “To comply with the contract, the product must: 1. Be fit for the use normally expected of an item of its type and, where appropriate: correspond to the description given by the vendor and have all the qualities presented to the purchaser by the vendor in the form of a sample or model; have the qualities that a purchaser can legitimately expect given the public statements made by the vendor, producer or his representative, in particular in advertising or labeling; or 2. Have the characteristics defined by mutual agreement by the parties or be fit for all special uses sought by the purchaser which the vendor was made aware of and accepted."
Article L.211-12 of the French Consumer Code: “Legal action based on non-compliance is time-barred two years after the delivery of the product.”
Article L.211-13 of the French Consumer Code: “The provisions of this section do not deprive the purchaser of the right to bring an action on account of redhibitory defects as provided for in Articles 1641 through 1649 of the Civil Code or any other action of a contractual or extra contractual nature to which the purchaser is entitled under the law.”
Article 1641 of the Civil Code: “The vendor is subject to the warranty against hidden defects in the sold product rendering it unfit for its intended use, or which so impair such use that the purchaser would not have bought it or would have paid a lower price, had the purchaser been aware of the defect(s)”.
Article 1648 (1) of the Civil Code: “The action based on redhibitory defects must be brought by the purchaser within a period of two years following discovery of the defect”.
10) Intellectual Property
The Website remains the exclusive property of the company Atelier La Fanette EURL. This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected copyright, trademarks, database rights and other intellectual property rights. Any attempt to access the Website source code and protocols or any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited. Any copying, reproduction or fraudulent use through any means is considered as counterfeiting and the counterfeiter’s civil and/or criminal liability may be held. La Fanette reserves the right to claim for compensation for the recognized prejudice. You hereby acknowledge that La Fanette Website and its content are protected copyright, trademarks, patents rights, database rights and other lawful intellectual property rights.
11) Data Protection
The Client is informed that the data that he provides on the website is subject to various automated personal data processing operations. In application of French law n°78-17 of January 1978 relating to data processing, files and freedom, we recall that personal data collected from the Client is necessary for the processing of the order. This data may also be used for prospection purposes. The specific purpose of each data processing operation is described with respect to the processing concerned. These data are destined for internal use by La Fanette. The personal data may also be transmitted to third parties, partners of La Fanette, unless the Client objects to this at the time of the collection of the data concerning him. The Client’s personal data are kept for the length of time strictly necessary to complete the purpose of each of the data processing operations envisaged by La Fanette. The Client has the right to access, modify and oppose the processing of the data concerning him by contacting customer services by e-mail at the following address: info@atelierlafanette.com
12) Liability
La Fanette cannot be held liable in the case of failure to perform or incorrect performance of the agreement due to the Client or due to an unforeseeable and insurmountable factor in connection with a third party to the agreement or in the event of force majeure.