GTC
Effective date: 02/02/2015
- COMPANY
IDLF SA is a public limited company with a share capital of 61,164.50 euros whose registered office is located at 10, rue du Mail - 75002 Paris, registered with the Paris Trade and Companies Register under number 792 301 806, CODE NAF 7740Z, intra-community VAT number: FR67 792 301 806.
Director of Publication: Fabrice Boé IDLF's business activity is covered by professional civil liability insurance taken out with AXA by Audit and Risk Solutions - 47, rue de Liège - 75008 Paris, under insurance policy no. 5855876304 covering the entire world outside the USA/Canada.
Hosting :Shopify
Customer relations : Service Clients Web IDLF, 10 rue du Mail 75002 Paris, France
- SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE
Unless otherwise agreed by the parties, these General Terms and Conditions of Sale (hereinafter "GTC") define the rights and obligations of the parties within the framework of the sale of products (hereinafter "the Products") offered on the website of IDLF SA ("IDLF SA").http://www.inesdelafressange.fr), hereinafter referred to as "the Website"). For any order providing for delivery of one of the Products offered for sale on the Website, the person who placed the order shall be considered to be the customer (hereinafter a "Customer"). All Customers therefore declare that they have read the general terms and conditions of sale and accept without reservation the rights and obligations relating thereto. Ordering on the Website is exclusively reserved for consumers (see "definition of consumer" in article 5.1 of these GCS).
- ORDER MODALITIES
The clients will be able to order the Products on the Website : http://www.inesdelafressange.fr
3.1. 1st step: Validation of the order.
The order only becomes firm and definitive when the Customer presses the "Place Order" button. By this operation, the Customer declares that he accepts in its entirety and without reservation all of the present General Terms and Conditions of Sale.
3.2. 2nd step: Customer identification
For a first order, the Customer must fill in, precisely, the free and mandatory fields of the customer account creation form and then validate them. An e-mail containing the Customer's login and password will then be sent to the e-mail address provided on the above-mentioned form by the Customer. The Customer who has already placed an order on the Site must, in order to continue his order, identify himself using the identifier and password transmitted by IDLF SA. The e-mail address provided by the Customer will be considered as the e-mail address for communication with the Customer. The Customer must take all necessary measures to ensure the proper routing and receipt of emails sent by IDLF SA. E-mails sent by IDLF SA will be considered as having been received by the Customer as soon as they are sent. The Customer must therefore ensure that IDLF SA is informed of any change in the contact details used to contact the Customer, particularly the e-mail address.
3.3 . Step 3: Payment of the order.
After confirmation of the contents of the order, the Customer shall proceed to the payment of the order. IDLF SA undertakes to confirm all orders placed by Customers by sending an e-mail to the e-mail address provided by the Customer when registering on the Website. After payment of the order, IDLF SA will provide the Customer with an original invoice including delivery costs and VAT available on the website in the "My Account" section. The Products remain the property of the IDLF SA company until the complete collection of the price. The company IDLF SA undertakes to process all orders but only within the limits of available stocks. The IDLF SA company can be brought to cancel or refuse the order of a Customer with whom it would be in dispute concerning the payment of an order previously placed on the Internet site.
- TERMS OF PAYMENT
Payment can only be made online by credit card, Paypal or via Alma. All transactions carried out on the Website are encrypted. The details of the payment cards used are neither recorded nor visible to our employees. The credit cards accepted are those offered to customers when paying for the order. The Client's account will be debited at the end of a maximum period of 4 days following the date of the order and the order will be considered effective after confirmation of the agreement of the payment centres. The bank charges charged to the company IDLF SA following the failure, whatever the cause, of a direct debit or bank transfer will remain the responsibility of the Customer.
- CUSTOMER'S RIGHT OF WITHDRAWAL
5.1. Scope.
In accordance with Article L.121-21 of the French Consumer Code, as a consumer (natural person who concludes an order with IDLF SA by acting, for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity), each Customer has a period of fourteen (14) calendar days to exercise his legal right of withdrawal. The Customer does not have to justify any reasons for exercising his right of withdrawal. However, for statistical or quality control purposes, IDLF SA may ask the Customer for the reasons for the return. In the case of an order of products, the withdrawal period is counted from receipt of the products.
5.2. Notification of withdrawal.
During 14 days as from the day of the reception of the products, the Customer has several means to notify, without ambiguity, his intention to retract to the IDLF SA company:
- A letter sent to the address: IDLF SA - 10 rue du Mail - 75002 Paris
- An Email to the following address contact@inesdelafressange.fr
For all returns, the Customer must return the package containing unused, unworn, unwashed items, with their original label and packaging.
He must insert the invoice for the order and the return form. Then ask for a prepaid colissimo slip to contact@inesdelafressange.fr.
- for French residents (Metropolitan France) a prepaid label exempting the Customer from any shipping charges will be sent to him/her by email,
- for the rest of the world, the choice of carrier and shipping costs are at the customer's expense.
In accordance with the provisions of the French Consumer Code, the Customer has an additional period of 14 days from the communication of the notice of withdrawal to return the Products to IDLF SA.
5.3. Exceptions.
In accordance with Article L.121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised for orders for the following products:
- Services which have been fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's prior express agreement and express renunciation of his right of withdrawal ;
- Products or services whose price is dependent on fluctuations in financial market rates which are outside the trader's control and which may occur during the withdrawal period ;
- Products made to consumer specifications or clearly personalised ;
- Products that are likely to deteriorate or expire quickly, (such as foodstuffs or liquids);
- Products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (e.g. lingerie);
- Products which after delivery and by their nature are inseparably mixed with other items;
- Alcoholic beverages whose delivery is deferred for more than 30 days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the trader's control ;
- Audio or video recordings or computer software when they have been unsealed by the consumer, (i.e. when the blister pack has been opened, removed or torn, e.g. for CDs and DVDs) ;
- Newspapers, periodicals, and magazines, except for subscription contracts for these publications;
- Supplies of accommodation services, other than residential accommodation, transportation services of goods, car rentals, restaurant services or recreational activities that are to be provided on a specified date or during a specified period ;
- Digital content not supplied on a physical medium, the performance of which has begun after the consumer's prior express agreement and express renunciation of his right of withdrawal. Therefore, any purchase of this type of products cannot be returned after receipt.
5.4. Methods of returning products.
Return requests only concern items purchased on the Internet Site. For items purchased from one of IDLF SA's authorized resellers, the Customer must contact the latter directly. For the return of the Products, the following modalities must be respected within 14 days:
- The products must be returned properly protected (if possible in their original packaging), in perfect condition for resale (not worn, damaged or soiled by the Customer), accompanied by any accessories.
- The Products must not be damaged or impaired in any way. They must be in perfect condition for resale, and be suitable for re-marketing.
- It is imperative that the return package sent by the Customer mentions his or her surname, first name, address, order number and the return form in order to be able to identify him or her.
In case of exercising the right of withdrawal, the package must be sent to the company IDLF at the following address:
INES DE LA FRESSANGE Entrepôt LOGISTIQUE NC ,17 avenue du Noyer à la malice , 95380 LOUVRES FRANCE
Attention, for returns outside the EU, we invite you to specify on the customs form that it is a "return" so as to obtain a return with "duty and tax paid" (without additional costs) and we also invite you to slip the initial invoices into the return package, specifying which items are being returned. IDLF will not be responsible for any customs fees.
5.5. Repayment terms.
The exercise of the right of withdrawal shall give rise to a refund of the sums paid when the order was placed as soon as possible and no later than fourteen (14) days from the date on which the Customer exercised this right. The return of the Product(s) or service(s) ordered will give rise to a refund equal to the totality of the sums paid by the Customer, equal to the purchase price of the product(s) purchased. The refund may be deferred until receipt of the package containing the returned Product(s) or proof of dispatch of the package, the date chosen being that of the first of these facts. Refunds will be made by bank transfer and/or vouchers depending on the means of payment used for the online purchase. The partial return of part of the Products ordered will only give rise to the refund of the returned product(s). The initial delivery costs will not be included in the amount refunded because the amount of the delivery costs is fixed and does not depend on the number of products ordered. Finally, it is reminded that Products that do not comply with the conditions mentioned in article 4.4 cannot be taken back and will therefore not be reimbursed.
- DELIVERY
6.1. Place of delivery.
The Products ordered will be sent to the delivery address indicated by the Customer during the ordering process. Products are delivered to Metropolitan France, Corsica, Monaco, Europe, North America and most other countries in the world, the full list of which is given in the table "List of countries to which products may be shipped and shipping and delivery costs to be borne by the customer, excluding free deliveries" at the end of article 6 of the GCS. The prices of the articles are inclusive of all taxes (20% as of January 1, 2015, except in cases of reduced VAT provided for by the legislator), excluding transport costs. Prices are given in Euros. For deliveries outside France, in accordance with the provisions of the French General Tax Code relating to VAT, orders will be invoiced exclusive of tax, and the customer will be required to pay the taxes applicable in his country of residence upon delivery. Delivery is free for all orders over €50 for delivery within mainland France and €150 for delivery outside mainland France.
The Customer will receive by e-mail a number and tracking information allowing him to follow the shipment of his order. The Customer has the possibility to choose the place of delivery (at home, at his office, at a third party...). If the Customer is not present at the address indicated at the time of delivery, a delivery notice will normally be left in the mailbox: the Customer may then collect the package in a post office within 14 days of the deposit of this notice. This is only valid for France, Corsica and Monaco. For the rest of Europe and the rest of the world, the carrier presents himself three times. If despite the three passages the carrier cannot deliver the package, it will be returned to the logistics operator. If the package is delivered by carrier, a notice is also left in the mailbox of the address indicated by the Customer when ordering. The Customer will be responsible for contacting the carrier to agree on a new delivery date. If the above-mentioned deadlines are exceeded, the parcel will be sent back to the IDLF SA shipping address. Customer Service will then contact the Customer for a possible reshipment and without response from the Customer within a reasonable time, a refund will be made.
6.2. Absence or Delay of Delivery.
Should such a case arise, the Customer may contact Customer Service at the following address: contact@inesdelafressange.fr.
The Customer has the right to cancel his order if the delivery of his order has not taken place at the end of the period provided for. The Customer may instruct IDLF SA, by registered letter with acknowledgement of receipt, to make the delivery within a reasonable additional period. If IDLF AG has not complied with this deadline, the customer has the option of cancelling the order by registered letter with acknowledgement of receipt or in writing on another durable medium. IDLF AG will request a refund from its bank within 14 days of receipt of the cancellation request.
6.4. Partial delivery.
In the event of partial shipment, the Customer will be informed by e-mail of the shipment of the products present in the package shipped. The Customer will be informed by a second e-mail of the delivery of the other products ordered.
6.5. Delivery made.
The delivery of the Product(s) ordered is deemed to be made as soon as the Product(s) are made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier, the Customer's signature on the delivery note of the package, or any other process used by the carrier. Without prejudice to the period of time that the Customer has under his right of withdrawal defined in Article 4 above, the Customer must also :
- Check the conformity of the Products delivered at the time of delivery.
- Indicate any anomaly on the delivery note in the form of a handwritten reserve accompanied by his signature (in particular if the package has been opened, if the package bears traces of deterioration ...).
- Send these reservations to the carrier by registered letter with acknowledgement of receipt within three calendar days, with a copy to IDLF SA.
List of countries to which the products can be shipped and transport and delivery costs to be paid by the customer, excluding free delivery.
- GUARANTEES
IDLF SA is bound towards its Members by the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the Consumer Code, and that relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2332 of the Civil Code.
7.1. Legal guarantee of conformity.
Within the framework of the legal guarantee of conformity, IDLF AG undertakes :
- either to repair or replace the product according to the available stocks,
- or to exchange a product for a product of equivalent quality and price according to available stocks,
- either to reimburse you the price of the product (against return of the product), or part of the price of the product (if the Customer keeps the product).
7.2. Legal warranty for hidden defects.
Within the framework of the guarantee for hidden defects, the Customer can :
- or keep the product and request a price reduction from IDLF AG,
- or return the product and request a refund of the product price from IDLF SA.
7.3. Methods of returning products.
In the event that one of these guarantees is exercised, the Customer may return the Product(s) in accordance with the terms and conditions set out in Article 5.4.
- PRIVACY PROTECTION
PRIVACY PROTECTION
In accordance with the Data-processing law and Freedoms of January 6, 1978, the Customer has a right of access, of correction and opposition on the data relating to it near the company IDLF SA. The Customer can exercise this right by sending us a letter to the following address: contact@inesdelafressange.fr or by mail to : IDLF SA 10, rue du Mail 75002 Paris, France.
The Customer has the possibility to consult or modify his personal data in the "My Account" section of the Website. The automated processing of personal information on the Website has been declared to the Commission Nationale de l'Informatique et des Libertés under the number 1803079. Registration by the Customer to the Website necessarily implies acceptance of these general terms and conditions of sale.
In all emails sent by IDLF AG there is an unsubscribe link in the email, which the customer can use to unsubscribe. The Customer can also change his preferences via his account, section "My Address Book" or "Account Information". Personal data (address, email and telephone) may be transmitted to third parties in order to ensure proper delivery of the order. They are necessary to process and manage the customer's orders as well as for the commercial relations between IDLF SA and the customer. This data also enables IDLF SA to provide the customer with personalized services and to improve the relevance of the information offered to the customer. The collected data are intended for the use of IDLF AG, which is responsible for processing.
If the customer has given IDLF AG his consent by ticking the corresponding box, this personal data may also be passed on to business partners.
This website uses cookies. These are small text files that are stored on each Customer's hard drive. Most cookies are intended to enable or facilitate your browsing and are necessary for the operation of our online shop. The use of cookies, whether your own or third party cookies, which are not necessary for the operation of the site requires your express consent. Each Customer can express his consent or oppose the use of cookies by setting up his connection device in an appropriate manner (http://inesdelafressange.fr/fr/transvers-mentions-legales/).
- MISCELLANEOUS PROVISIONS
9.1. Prescription.
All rights and actions arising from the contract between the customer and IDLF AG are time-barred within the statutory limitation period if the customer is a consumer.
9.2 Waiver.
The fact that IDLF SA does not avail itself of any of the provisions of the General Terms and Conditions at a given time does not constitute a waiver of the right to do so at a later date.
9.3. Nullity of a clause.
The nullity in whole or in part of a clause of the General Terms and Conditions or its unenforceability shall not affect the validity of the other clauses stipulated between the parties. The Customer undertakes from now on to accept the substitution of a null or unenforceable clause by a valid and enforceable clause as close as possible to the spirit of the initial clause.
10. APPLICABLE LAW - COMPETENT JURISDICTION - DISPUTES
The present General Conditions of Sale are subject to French law. In the event of a dispute over the interpretation, execution or validity of these General Terms of Sale, the French courts shall have sole jurisdiction. In the event of a dispute, the Customer shall first contact IDLF SA to obtain an amicable solution. To this end, the Customer is requested to contact the Customer Service of the company IDLF SA, by sending an email to the email address : contact@inesdelafressange.fr