Precontractual information and General Terms of Sale
ARTICLE 1 – SUBJECT-MATTER
These General Terms of Sale set out the rights and obligations of the Parties (the Client and the Company) as part of the online sale of all of the goods and products offered by L'INVENTAIRE on the www.la-fonction.com web site (hereinafter “the Web Site”), under the La Fonction registered trademark.
L'INVENTAIRE (hereinafter “the Company”) is a French company with a share capital of € 10,000 whose registered address is 107bis Rue Montgolfier, 59700 Marcq-en-Barœul, FRANCE, and which is registered in France at the Trade & Companies Register of LILLE Métropole, under no. 802 621 227 00015.
The Client declares that he has become acquainted with these General Terms of Sale before the Approval of the order as per the meaning of this term in article 4 below and that he is also aware of all the information and data stipulated by article L. 121-17 of France’s Code de la consommation [consumer code], specified in this document and in Annex regarding the modalities of exercising the right of withdrawal.
The Approval of the order shall therefore be tantamount to acceptance of these General Terms of Sale without restriction or reservation, such acceptance not being conditional upon a hand-written signature by the Client. The Client shall be personally responsible for all the orders placed or other actions taken on the Web Site.
Any failure to comply with these General Terms and Conditions may lead to the suspension and/or the cancellation of the right to access the Web Site and of the right to use the products or services, notwithstanding any additional legal remedies or any sanctions stipulated by this contract.
These General Terms of Sale shall only be applicable to the goods sold by L'INVENTAIRE under the LA FONCTION brand.
Any other service or sale of goods by L'INVENTAIRE shall be expressly excluded from the scope of these General Terms of Sale.
These General Terms of Sale shall only apply to consumers – as per the meaning of this term in France’s law and case law – who place orders for Goods on the www.la-fonction.com web site.
ARTICLE 2 – START DATE AND DURATION
The Company shall be entitled to modify the Web Site and its General Terms of Sale at any moment in time without any prior notification.
These General Terms of Sale shall come into force on the date of Approval of the order as defined in article 4; the General Terms and Conditions that are applicable shall be those that are in force on that date.
The contract shall be formed for whatever duration is needed for the supply of the goods or products ordered, until the expiry of the Company’s warranties and obligations.
ARTICLE 3 – THE REPRESENTATION OF THE GOODS ON OFFER
The goods may only be purchased subject to availability.
The goods that are on sale on the Web Site are presented in the most accurate way possible with detailed product descriptions and images.
The photographs representing the products are merely indicative owing to the alterations that might have been made in the course of their transcription to the Web Site. These photographs, just like the texts illustrating the products, are not contractually binding.
ARTICLE 4 – ORDERS
Any orders shall only be considered as valid and effective after confirmation of the authorisation of the payment for each order by the banking payment centres involved, in accordance with article 5.
The Client shall then immediately receive by electronic means a confirmation of the receipt of the order. The order shall then be firm and binding upon the Client (the “Approval of the Order”).
However, the Company shall be entitled to reject or to rescind any order as of right without any prior notice:
If the Products ordered are not available/are not in stock. Any payment made shall then be refunded;
If the bank account details are incorrect or cannot be verified;
If the order was flagged by the security systems as an unusual order or a likely fraudulent act;
If there is an error in the price(s) of the product(s);
If the address provided by the Client cannot be identified or verified
If the order is abnormal, placed in bad faith, or for any other legitimate reason, such as in the case of an order placed by a Client with whom there is a past or ongoing dispute.
Should it turn out that any goods are partly or wholly unavailable after Approval of the Order, the Client shall be informed of this by electronic mail or by telephone. The Client may then choose either to have a product of equivalent quality delivered for the same price, subject to availability, or to request a refund of the price of the goods ordered within 30 days following the request.
ARTICLE 5 – PRICES AND TERMS OF PAYMENT
The period of validity of the offers and the prices of the products on offer by the Company shall be as per the latest update of the Web Site.
The prices applicable to the order shall be those that are in force on the date on which the order is approved and that are set out in the order summary page that is displayed just before the payment page.
Any order that is placed on the Web Site and is delivered outside France may be subject to taxes and customs duty which might be levied when the parcel reaches its destination. Any such taxes and customs duty linked to the delivery of an item shall be borne by the Client, who shall bear full responsibility for same. The Company shall not have any obligation to check and to inform the Client about any taxes and customs duty that might be applicable. To find out about this, it is recommended that the Client seek information from the appropriate authorities of his country or of the country in which the goods are due to be delivered.
The orders shall be payable exclusively in euros.
Payments must be made via PayPal. The following cards shall be accepted: MasterCard, Visa, National bank card, Aurore, Vpay, Cofinoga/Privilège, Cofidis4étoiles, AmericanExpress, Discover, Maestro
PayPal automatically encrypts the confidential data that transits between the Client’s computer and PayPal’s systems using the SSL (Secure Sockets Layer) protocol. No third party can therefore eavesdrop on this data during its transit over the network.
The buyer’s account shall be debited by the price of the goods ordered after Approval of the order.
ARTICLE 6 – DELIVERY
The Client shall receive confirmation of the dispatching of the order by electronic means.
The goods shall be delivered to the delivery address indicated by the Client upon placing the order. The Client shall bear full liability for a wrong delivery due to the provision of flawed or missing indications upon placing the order.
The Company hereby disclaims liability for any input errors and for the consequences that might arise from same (for instance: delays or mis-delivery). Under these circumstances, the costs involved in resending the order shall be borne by the Client.
The Client must choose one of the delivery methods on offer on the Web Site: the carrier selected by the Company is LA POSTE, which offers two types de deliveries: Colissimo and Chronopost. The Company also reserves the right to use the services of another carrier.
The delivery costs shall vary based on the volume and weight of the consignment and on the delivery mode chosen by the Client. In any event, the delivery costs shall be mentioned to the Client before Approval of the order.
The delivery timescales shall correspond to the average timescales required for the Company to prepare the goods ordered (a process which shall begin upon Approval of the order) and for the order to be routed to the Client. The goods shall be deemed to have been delivered on the date of the first attempt to deliver them to the delivery address. The Company shall do its best to ensure that the parcel containing the goods is dispatched between 2 and 8 working days after the order is placed.
6.1 LATE DELIVERY DUE TO THE CARRIER’S FAULT
The Client may directly track the progress of his order on the http://www.colissimo.fr or http://www.chronopost.fr web sites by keying in the tracking number disclosed to him upon dispatching of the parcel.
In case of late delivery due to the carrier’s fault, the Client should check with the post office or carrier whether the parcel is in transit. Where applicable, the Client should report the delay. The Company shall then contact the carrier in order to open an investigation.
Such an investigation may last up to 21 working days. If during this period, the goods are tracked down, they shall be immediately resent to the domicile of the Client or of the recipient named on the order form.
If, however, the goods ordered are not found upon expiry of this timescale of 21 days of investigation, the Client shall be entitled to request a refund.
No refund or resending of the goods shall take place before the end of the investigation.
6.2 LATE DELIVERY DUE TO THE COMPANY’S FAULT
The Company shall keep the Client informed about any delay in the delivery which he should be aware of.
In case of delivery failure (goods not yet have been dispatched) more than 30 days after the Approval of the Order, the Client shall be entitle to require the Company to deliver the goods or products within a reasonable additional period. In the event of default in the performance of our obligations upon expiry of this subsequent delivery period, the Client would then have the right to terminate the current order and to request a refund by registered letter with an acknowledgement of receipt or by sending an e-mail (also with an acknowledgement of receipt) to the following e-mail address : firstname.lastname@example.org. Refunding will be made within 14 days after reception of the above-mentioned letter or e-mail.
The Company shall not have to pay any penalty, interest or compensation, its obligations being limited to refunding the moneys paid by the Client.
ARTICLE 7 – CHECKING OF THE ORDER UPON DELIVERY
Upon delivery, the Client must check the state of the packaging as well as the goods that are delivered.
It is up to the Client to raise any claims and reservations that he considers to be necessary, or to reject the consignment, if the parcel is clearly damaged upon delivery. The Client’s reservations and claims must be sent to the carrier by registered post with acknowledgement of receipt within three working days following the date of receipt of the goods. A copy of this letter should also be sent to the Company. Any failure to make a claim within the abovementioned timescale shall cause any remedies that the Client may have against the carrier to lapse in accordance with article L. 133-3 of France’s Code de commerce [commercial and company laws].
The Client must moreover ensure that the goods that are delivered to him correspond to his order.
Should the goods that are delivered not clearly be in keeping with the specifications of the order (colour, size, quantity…) the Client must inform the Company of this, within 48 hours of receiving the goods, by sending an e-mail to the following address: email@example.com, or by sending a letter to the headquarters of the Company. The Client should state in this letter the reference and the date of the order, and provide all the elements enabling the Company to identify the non-compliance as soon as possible. Should the non-compliance alleged by the Client be confirmed, the Client must send the goods back, at his expense, to the address of the Company.
The Company shall do its best to ensure that the goods are depicted as accurately as possible on the Web Site, particularly in terms of their colour. However, a difference of colour rendering between the depiction of the goods on screen and the actual goods that are delivered shall not be considered as a case of non-compliance of the goods for which the Company might be held liable.
ARTICLE 8 – INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
The Web Site contains graphics, photographs, images, document templates, mock-ups, text, fonts, software applications and other data (hereinafter the “Content”). All the rights over the Web Site and its contents are reserved and belong to the Company (be they registered or otherwise) or have been validly made available to the Company.
Save for the purposes of making purchases from the Web Site of the Company using the processes that are expressly earmarked for the Client’s use, it is strictly forbidden to keep, copy, reproduce, distribute, sell, publish, disseminate or use all or part of the Content of the Web Site, for any purpose and on any medium whatsoever. The same shall apply to any combination or conjunction of this Content with any other trademark, symbol, logo, image, and any distinctive element in general.
ARTICLE 9 – WARRANTIES
9.1 Legal warranty
The Company is subject to the warranty statutory provisions provided for in articles L.211-4, L.211-5 and L.211-12 of France’s Code de la consommation. Thus the goods and products sold on the Web Site are guaranteed under any lack of conformity which exists upon delivery. In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery. Action resulting from lack of conformity lapses two years after delivery of the product and is implemented under conditions provided for in articles L.211-4 to L211-14 of the France’s code de la consommation and those laid down below.
The Company is also subject to the warranty provisions of articles 1641 and 1648 of the France’s code civil (latent defects). This guarantee is implemented in accordance with the law.
The Company undertakes to repair, refund the Client or to exchange any products that are acknowledged as defective which are returned during this period. The warranty shall be limited to the value of the goods involved and shall only apply if the goods are used for the purposes for which they are intended and under normal conditions of use.
The following shall be excluded from the warranty:
normal wear and tear due to regular use,
wear due to friction,
exposure to extreme temperatures,
damage due to a cause that is external to the product (accident, shock, immersion, etc.),
exposure to unsuitable products or solvents,
damage caused by poor maintenance, misuse or negligence,
the replacement of any consumables,
any abnormal or non-compliant use of the products,
damage due to work carried out by a repairer which is not approved by the Company .
If the Client see a lack of conformity, he must inform the Company about this, by e-mail to the following address : firstname.lastname@example.org or by written letter. This e-mail or letter should clearly outline the reference and the date of the order and provide the evidence of the said default. The Company undertakes to remedy the problem as soon as possible.
The Client has the option between repair or replacement, but the Company may nevertheless elect not to proceed in accordance with the Client's choice if that choice gives rise to a manifestly disproportionate cost.
Should the Client opt for an exchange, the faulty product may only be exchanged for a product that is identical to it, unless the product in question is no longer available on the date on which the warranty is activated.
If neither repair nor replacement of the product is possible, the Client may return the product and obtain reimbursement of the price within 30 days following the delivery of the faulty product to the Company.
The goods produced by the Company are designed for aesthetic or decorative purposes and the Company endeavours to produce them to a high standard of quality in keeping with the prevailing standards.
However, the Company shall not be liable under any circumstance for any damage or malfunction suffered by electronic or computing devices owing to the use of its products.
The Company has subscribed to professional insurance with…….
Whatever the type of warranty involved, any acknowledgement of liability by the Company shall only give rise to compensation corresponding to the direct damage or loss effectively incurred in connection with the product that was ordered itself. This loss shall not under any circumstance comprise any loss of profits, loss of opportunities, operating loss, loss of clients, of data or any other loss of intangible property, or indirect damage or costs.
9.2 WARRANTIES OVER THE WEB SITE
The Company does not extend any warranty over the Web Site and/or its Content. For instance, the Company does not provide any warranty as to the suitability of any element of the Web Site for a particular use.
The Company does not guarantee that the operational functions of the Web Site as well as the Content or any other element featuring on the Web Site shall be operating, available, uninterrupted or error-free at any point in time.
Moreover, the Company does not guarantee that any faults or errors shall be corrected immediately nor that the Web Site or its server shall be virus-free or free of other potentially deleterious elements at any time.
ARTICLE 10 – PROVISIONS CONCERNING CONSUMER RIGHTS
10.1 CUSTOMER SERVICE
The Company’s customer service department can be contacted:
by phone on +33 (0)9 72 96 22 37
by e-mail at email@example.com,
by post to La Fonction – l’Inventaire, 107bis Rue Montgolfier, 59700 Marcq-en-Barœul, FRANCE
The Company shall deal with any requests as soon as possible.
The Company shall communicate with its Clients mainly by e-mail for reasons of speed of communication. The Company shall not be liable should the Client fail to read its e-mail, or should its e-mails be filtered out by the e-mail account of the Client or by the Internet service providers, or by any other filter, or in general for any other problem linked to the routing of its e-mails.
10.2 RIGHT TO WITHDRAW
In accordance with the prevailing legislation, the Client shall have a timescale of fourteen full days as of the date of receiving the goods to request an exchange or a refund.
In accordance with article L. 121-21 of France’s Code de la consommation, goods that are produced to the specifications of the consumer or that are extensively customized are excluded from the scope of the right to withdraw, since these goods may not be put back on sale by the seller (customization with Client’s initials for example).
In the event of application of this right to withdraw and in order to exercise this right, the Client must submit the completed withdrawal form annexed to these General Terms of Sale by e-mail to the Company (firstname.lastname@example.org). The Client must return the parcel (at his own expense) to the address of the headquarters of the Company: 107bis Rue Montgolfier, 59700 Marcq-en-Barœul, FRANCE, within 14 days from the date of receipt of the communication of withdrawal.
A complete information on the the right to withdraw can be found in Annex to these General Terms of Sale.
Any returns must be made in full (original packaging, notices, accessories, copy of the invoice) and any goods that are returned must be in perfect saleable condition, and must not have been soiled, washed or damaged (due to their use).
The Company shall not accept “C.O.D” deliveries (Collect on delivery - i.e. deliveries paid for by the recipient upon receipt).
The Company will reimburse all payments received from the Client no later than fourteen days from the day on which it receives the communication of withdrawal. If the Company has not received the returning products within that fourteen-day period, the Company will withhold the reimbursement until it receives the products back.
In order to receive another item as a replacement for a product that is returned, the Client must place a new order online.
For any other issue, the Client should contact the Company’s customer service department directly by sending an e-mail to: email@example.com
ARTICLE 11 – DATA PROTECTION
Any information requested from the Client upon creation of his client account is necessary for the processing of the order.
The Client therefore undertakes to provide accurate and comprehensive data and to keep this data up-to-date so as to enable the Company to perform its obligations.
The Client’s data shall not be transferred to third parties but may be used by the Company to send information and promotional offers to the Client.
Should the Client disclose any personal data, he shall have a right to access, withdraw and correct this data in keeping with the provisions of France’s data protection law no. 78-87 dated 6 January 1978. In order to exercise that right, the Client may click on the dedicated link provided to that end in the e-mails received, or may contact the Company by telephone or by post.
Moreover, the Client can put his name on a list not permitting solicitation by the use of electronic means in accordance with article L.121-34 of France’s code de la consommation. This list will be set up following the provisions of France’s law no. 2014-344 dated 17 march 2014.
The Company may refer to the Client’s purchase of the products covered by the contract on an ad-hoc basis, subject to securing the Client’s consent.
ARTICLE 12 – VALIDITY
Should any term of these General Terms of Sale be or become fully or partly null and void, the other terms shall remain valid. The terms that is null and void shall be replaced by the standard regulations applicable to the matter.
ARTICLE 13 – APPLICABLE LAW – SETTLEMENT OF DISPUTES
These General Terms of Sale shall be performed and interpreted in accordance with French law.
Any dispute arising in connection with the formation, the interpretation or the performance of these terms and conditions and in general any dispute between the Company and one of its Clients shall fall under the exclusive jurisdiction of the French courts.
In case of a dispute, however, the Client undertakes to contact the Company first in order to attempt to reach an amicable settlement. Should the Parties manage to reach an amicable settlement, the fact that the Parties do not exercise one of their rights under the contract as a result shall not be interpreted in future as a waiver of the right in question nor as an obstacle to the exercising of any other right.
ANNEX : Information concerning the exercise of the right of withdrawal
The withdrawal period will expire after 14 days as of the date of receiving the goods. But the goods that are produced to the specifications of the consumer or that are extensively customized are excluded from the scope of the right to withdraw,
To exercise the right of withdrawal, you must inform the Company of your decision to withdraw from this contract by an unequivocal statement by post or e-mail to the e-mail address specified in Section “Contact”. You may use the attached model withdrawal form attached here after, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We may withhold the reimbursement until we receive the products back
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us at the following address: L’INVENTAIRE 107 bis, rue Montgolfier 59700 MARC EN BAOEUL - FRANCE, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods
Model withdrawal form
[complete and return this form only if you have the right and wish to withdraw from the contract]
To LA FONCTION – L’INVENTAIRE, 107 bis, rue Montgolfier 59700 MARCQ-BAROEUL – France
Phone : +33 9 72 96 22 37
E-mail : firstname.lastname@example.org
I/We [Name and address] …………………………………………………
hereby give notice that I/We withdraw from my/our contract of sale of the following goods …………………………………………………
Ordered on……………………………. or received on…………………………………….
Date : …………………….
Signature of consumer(s) :