General Terms and Conditions
Effective date: 02/02/2015
- COMPANY
The 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, NAF CODE 7740Z, intra-community VAT number: FR67 792 301 806
Publication Director: Fabrice Boé In the course of its activity, the company IDLF benefits from professional liability insurance subscribed with AXA by Audit and Risk Solutions – 47, rue de Liège – 75008 Paris, under insurance policy no. 5855876304 covering the entire world except USA/Canada
Hosting: Shopify
Customer Relations: Web Customer Service IDLF, 10 rue du Mail 75002 Paris, France
- SCOPE OF THE GENERAL TERMS AND 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 the company IDLF SA (http://www.inesdelafressange.fr), hereinafter referred to as "the Website"). For any order providing for the delivery of one of the Products offered for sale on the website, the person who placed the order will be considered the customer (hereinafter a "Customer"). Any Customer therefore declares that they have read the general terms and conditions of sale and accepted without reservation the rights and obligations related thereto. Orders on the Website are exclusively reserved for consumers (see "definition of the consumer" in article 5.1 of these GTC).
- ORDER TERMS
Customers will be able to order the Products on the Website: http://www.inesdelafressange.fr
3.1. Step 1: Order validation.
The order becomes firm and final only when the Customer clicks the "Place Order" button. By this action, the Customer declares acceptance in full and without reservation of all these General Terms and Conditions of Sale.
3.2. Step 2: Client Identification
During a first order, the Client must accurately fill in the free and mandatory fields of the client account creation form and then validate them. An email containing the Client's identifier and password will then be sent to the email address provided on the aforementioned form by the Client. A Client who has already placed an order on the Site must, to continue their order, identify themselves using the identifier and password provided by IDLF SA. The email address provided by the Client will be considered as the communication email address with the Client. The Client must take all necessary measures to ensure the proper delivery and receipt of emails sent by IDLF SA. Emails sent by IDLF SA will, upon sending, be considered as received by the Client. The Client must therefore ensure to communicate to IDLF SA any changes regarding the contact details, especially their email address.
3.3. Step 3: Payment of the order.
After confirming the order content, the Client must proceed with the payment of the order. The company IDLF SA commits to confirming all orders placed by Clients by sending an email to the email address provided by the Client during their registration on the Website. After payment of the order, the company IDLF SA will make available to the Client an original invoice including delivery charges and VAT, available on the Website in the "My Account" section. The Products remain the property of the company IDLF SA until full payment of the price is received. The company IDLF SA commits to processing all orders but only within the limits of available stock. The company IDLF SA may cancel or refuse the order of a Client with whom it is in dispute regarding the payment of a previously placed order on the Website.
- PAYMENT METHODS
Payment is made exclusively online by credit card, Paypal, or via Alma. All transactions conducted on the Website are encrypted. The details of the payment cards used are neither recorded nor visible to our employees. The accepted credit cards are those offered to customers at the time of order payment. The Client's account will be debited within a maximum period of 4 days following the order date, and the order will be considered effective after confirmation of approval from the payment centers. Bank fees charged to the company IDLF SA due to the failure, whatever the cause, of a bank direct debit or bank transfer will remain the responsibility of the Client.
- CUSTOMER'S RIGHT OF WITHDRAWAL
5.1. Scope.
In accordance with Article L.121-21 of the Consumer Code, as a consumer (an individual who places an order with the company IDLF SA acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity), each Client benefits from a period of fourteen (14) calendar days to exercise their legal right of withdrawal. The Client does not have to provide reasons to exercise their right of withdrawal. However, for statistical or quality control purposes, IDLF SA may ask the client for the reasons for the return. In the case of an order for products, the withdrawal period is counted from the receipt of the products.
5.2. Notification of withdrawal.
For 14 days from the day of receipt of the products, the Client has several means to clearly notify their intention to withdraw to the company IDLF SA:
- A letter sent to the address: IDLF SA – 10 rue du Mail – 75002 Paris
- An email to the following email address: contact@inesdelafressange.fr
For all returns, the Customer must return their package containing the unused, unworn, unwashed items, with their original tags and packaging.
He must insert the order invoice as well as the return form. Then request a prepaid Colissimo slip from contact@inesdelafressange.fr.
- for French residents (Metropolitan France) a prepaid label exempting the Client from any transport fees will be sent by email,
- For the rest of the world, the choice of carrier and shipping costs are the responsibility of the customer.
In accordance with the provisions of the Consumer Code, the Client has an additional period of 14 days, starting from the communication of the withdrawal notification, to return the Products to the company 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 concerning the following products:
- Services fully performed before the end of the withdrawal period and whose execution began after the consumer's express prior agreement and express waiver of their right of withdrawal;
- Products or services whose price depends on fluctuations in financial market rates beyond the professional's control and likely to occur during the withdrawal period;
- Products made according to consumer specifications or clearly customized;
- Products likely to deteriorate or expire quickly, (such as foodstuffs or liquids);
- Products that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection (such as lingerie);
- Products which, after being delivered and by their nature, are mixed inseparably with other items;
- Alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the professional's control;
- Audio or video recordings or computer software when they have been unsealed by the consumer (that is, when the blister pack has been opened, removed, or torn, as for example with CDs and DVDs);
- Newspapers, periodicals, and magazines, except for subscription contracts to these publications;
- Service provisions of accommodation, other than residential accommodation, goods transportation services, car rentals, catering, or leisure activities that must be provided on a specific date or within a specified period;
- Digital content not supplied on a physical medium whose execution began after the consumer's express prior consent and explicit waiver of their right of withdrawal. Therefore, any purchase of this type of product cannot be returned after receipt.
5.4. Product return terms.
Return requests only concern items purchased on the Website. For items bought from one of the authorized resellers of the company IDLF SA, the Customer must contact them directly. For the return of Products, the following conditions must be met within 14 days:
- Products must be returned properly protected (if possible in their original packaging), in perfect resale condition (not worn, damaged, harmed, or soiled by the Customer), accompanied by any possible accessories.
- The Products must not be damaged or harmed in any way. They must be in perfect condition for resale and suitable for new marketing.
- It is imperative that the return package sent by the Customer includes their last name, first name, address, order number, and the return form in order to be identified.
In the event of exercising the right of withdrawal, the package must be sent to the company IDLF at the following address:
INES DE LA FRESSANGE Logistics Warehouse NC,17 Noyer Avenue at Malice,95380 LOUVRES FRANCE
Attention, for returns outside the EU, we invite you to clearly specify on the customs form that it is a "return" in order to obtain a return "postage free of duties and taxes" (without additional charges), and we also invite you to include the original invoices in the return package specifying which items are being returned. IDLF will not cover any potential customs fees.
5.5. Refund terms.
The exercise of the right of withdrawal results in a refund of the amounts paid at the time of the order as soon as possible and at the latest fourteen (14) days from the date on which the Customer exercised this right. The return of the ordered Product(s) or service(s) will result in a refund equal to the total amount paid by the Customer, equal to the purchase price of the product(s) purchased. The refund may be deferred until the receipt of the package containing the returned Product(s) or proof of shipment of the package, the date considered being the first of these events. The refund will be made by bank transfer and/or vouchers depending on the payment methods used during the online purchase. The partial return of some of the ordered Products will only result in a refund of the returned product(s). The initial delivery costs will not be included in the refunded amount as the shipping costs are flat-rate and do not depend on the number of products ordered. Finally, it is reminded that Products not meeting the conditions mentioned in article 4.4 cannot be accepted for return and will therefore not be refunded.
- DELIVERY
6.1. Place of delivery.
The ordered Products will be sent to the delivery address provided by the Customer during the ordering process. Products are delivered in Metropolitan France, Corsica, Monaco, Europe, North America, and most countries worldwide, the exhaustive list of which is shown in the table "List of countries where products can be shipped and transport and delivery costs borne by the customer, excluding free deliveries" at the end of article 6 of the GTC. Prices of items are inclusive of all taxes (20% as of January 1, 2015, except in cases of reduced VAT provided by the legislator), excluding transport costs. Prices are indicated in Euros. For deliveries made outside French territory, according to the provisions of the General Tax Code regarding VAT, orders will be invoiced excluding taxes and the customer must pay the applicable taxes in their country of residence upon delivery. Delivery is free for any order over €50 for delivery in Metropolitan France and over €150 for delivery outside Metropolitan France.
The Customer will receive by email a number and tracking instructions allowing them to follow the shipment of their order. The Customer has the option to choose the delivery location (at their home, at their office, at a third party's...). If the Customer is not present at the indicated address during delivery, a delivery notice is normally left in the mailbox: the Customer can then collect the package at a Post Office within 14 days following the deposit of this notice. This is only valid for France, Corsica, and Monaco. For the rest of Europe and the world, the carrier makes three attempts. If despite the three attempts 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 arrange a new delivery date. In case of exceeding the above-mentioned deadlines, the package would be sent back to the shipping address of the company IDLF SA. The Customer Service will then contact the Customer for a possible reshipment and without a response from the Customer within a reasonable time, a refund will be made.
6.2. Absence or Delay of delivery.
If such a case should arise, the Client may contact Customer Service at the following address: contact@inesdelafressange.fr.
The Customer has the option to cancel their order if the delivery of their order has not occurred by the expiration of the specified deadline. The Customer may require the company IDLF SA, by registered letter with acknowledgment of receipt, to make the delivery within a reasonable additional period. If the company IDLF SA has not complied by the end of this period, the Customer will have the possibility to cancel their order by registered letter with acknowledgment of receipt or by writing on another durable medium. Within 14 days following the receipt of the cancellation request, the company IDLF SA will make a refund request to its bank.
6.4. Partial delivery.
In the event of a partial shipment, the Customer will be informed by email of the dispatch of the products included in the shipped package. The Customer will be informed by a second email of the delivery of the other ordered products.
6.5. Delivery completed.
The delivery of the ordered Product(s) is deemed to have been completed as soon as the Product(s) are made available to the Client, notably by the carrier, evidenced by the control system used by the carrier, the Client's signature on the delivery note of the package, or any other method used by the carrier. Without prejudice to the period available to the Client under their right of withdrawal defined in Article 4 above, the Client must also:
- Check the compliance of the Products delivered at the time of delivery.
- Indicate any anomaly on the delivery note in the form of a handwritten reservation accompanied by your signature (especially if the package has been opened, if the package shows signs of damage...).
- Address these reservations to the carrier by registered letter with acknowledgment of receipt within three calendar days, with a copy sent to the company IDLF SA.
List of countries where products can be shipped and transport and delivery costs are borne by the customer, excluding free deliveries
- GUARANTEES
The company 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 by the guarantee relating to defects in the sold item, under the conditions provided in articles 1641 to 1648 and 2332 of the Civil Code.
7.1. Legal warranty of conformity.
As part of the legal guarantee of conformity, the company IDLF SA commits to:
- either to repair or replace the product depending on available stock,
- either to exchange a product for a product of equivalent quality and price depending on available stock,
- either to refund you the price of the product (upon 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.
As part of the warranty against hidden defects, the Client may:
- either keep the product and request a price reduction from the company IDLF SA,
- either return the product and request a refund of the product price from the company IDLF SA.
7.3. Product return terms.
In the event of exercising one of these guarantees, the Client may return the Product(s) in accordance with the terms set out in article 5.4
- PERSONAL DATA PROTECTION
PERSONAL DATA PROTECTION
In accordance with the Data Protection Act of January 6, 1978, the Client has the right to access, rectify, and object to the data concerning them with the company IDLF SA. The Client can exercise this right by sending us a letter at the following address: contact@inesdelafressange.fr or by mail to: IDLF SA 10, rue du Mail 75002 Paris, France.
The Client has the option to view or modify their personal data in the "My Account" section of the Website. The automated processing of personal information on the Website has been declared to the National Commission on Informatics and Liberty under number 1803079. Registration by the Client on the Website necessarily implies acceptance of these general terms and conditions of sale.
In all emails sent by the company IDLF SA, there is an unsubscribe link through which the Client can unsubscribe. The Client can also modify their preferences via their account, under "My Address Book" or "Account Information". Personal data (address, email, and phone) may be transmitted to third parties to ensure proper delivery of the order. They are necessary for the processing and management of the client's orders as well as for the commercial relations between the company IDLF SA and the client. This data also allows the company IDLF SA to provide the client with personalized services and to improve the relevance of the information offered to them. The collected data is intended for the use of the company IDLF SA, which is responsible for its processing.
If the Client has given IDLF SA their authorization by checking the corresponding box, said personal data may also be transmitted to business partners.
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- MISCELLANEOUS PROVISIONS
9.1. Prescription.
All rights and actions arising from the contract concluded between the Client and the company IDLF SA are subject to the legal limitation period when the Client is a consumer.
9.2. Waiver.
The fact that the company IDLF SA does not invoke at a given time any of the provisions of the General Conditions does not constitute a waiver of the right to invoke them later.
9.3. Nullity of a clause.
The nullity in whole or in part of a clause of the General Conditions or its unenforceability does not affect the validity of the other clauses stipulated between the parties. The Client hereby agrees to accept the substitution of a null or unenforceable clause with a valid and enforceable clause as close as possible to the spirit of the original clause.
10. APPLICABLE LAW – COMPETENT JURISDICTION – DISPUTES
These General Terms and Conditions of Sale are subject to French law. In the event of a dispute regarding the interpretation, execution, or validity of these General Terms and Conditions of Sale, the French courts shall have exclusive jurisdiction. In case of a dispute, the Customer should first contact the company IDLF SA to seek an amicable solution. To this end, the Customer is requested to kindly contact the Customer Service of the company IDLF SA by sending an email to the electronic address: contact@inesdelafressange.fr