Legal Notices & General Conditions of Sale and Use

 

GENERAL TERMS AND CONDITIONS OF SALE AND USE (GTC) - CONSUMERS - INTERNET

 

PREAMBLE  - General Provisions - Scope

 These General Terms and Conditions of Sale and Use ("the GTC") apply to the company Ecom-Web3 ("the Seller or the Company") and to consumers and non-professional buyers ("the Customers or the Customer") wishing to purchase the products offered for sale online by the Seller ("the Products") on the website France-Tendance.com ("the Website").

They specify, in particular, the conditions for ordering, payment, delivery, and handling of any returns of the Products ordered by the Customers.

 These GTC may be supplemented by special conditions stated on the website before any transaction with the Customer.

 These GTC apply to the exclusion of all other conditions, particularly those applicable to in-store sales or sales through other distribution and marketing channels.

 They are accessible at all times on the France-Tendance.com website and shall prevail, where applicable, over any other version or any other conflicting document.

 As these GTC may be subject to subsequent amendments, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

 Amendments to these GTC shall be binding on users of the France-Tendance.com website from the date they are published online and may not apply to transactions concluded prior to such publication.

 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these GTC, namely natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including if they act on behalf of or for the account of another professional.

 Professionals wishing to place an order with the Company are invited to contact us directly.

 Consequently, these GTC apply to any order placed by an adult natural person acting as a consumer. The Customer therefore certifies that they are a natural person over the age of 18, acting for purposes not falling within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity. They acknowledge that they have the full legal capacity to enter into an agreement when placing an order and undertake to provide truthful information regarding their identity.

Any order placed on the France-Tendance.com website implies the prior and unrestricted acceptance of these GTC, which are subject to French law. These GTC therefore form an integral part of the contract between the Customer and the Company. They are fully binding on the Customer, who declares that they have read and accepted them without restriction or reservation before placing the order.

 The Customer visiting the Website and interested in the Products offered by the Seller is invited to read these GTC carefully, print them and/or save them on a durable medium before placing an order on the Website.

 ARTICLE 1: General Terms of Use 

 These general terms of use aim to provide the legal framework for the terms on which the Seller makes the Website and services available and to define the conditions of access to and use of the services by the Customer.

 This Website offers the following products: electronic equipment, textiles, beauty products, costume jewelry, DIY tools, clothing, bags, shoes and accessories, office equipment, lighting, decorative items, gadgets, toys, video games, sports items.

    1. Legal notices.

 The Website is published by the company Ecom-Web3, with a share capital of 1,000 euros, registered with the Paris Trade and Companies Register under number 922 195 797, and whose registered office is located at 60, rue François 1er – 75008 PARIS.

Telephone number: 0891 030 530

Email address: contact@france-tendance.com

The Publisher is: Mr. Julien GUERRA - contact: contact@france-tendance.com

Intra-Community VAT number: FR60922195797

The Website's host is the company SHOPIFY– 151 O’Connor Street Ground Floor K2P 2L8. Ottawa, 613 241-28228, Canada

    1. Access to the Website

The Website provides the User with free access to the following services:

  •  Purchase of fashion-related products (women, men, children), fashion accessories, home décor, office products, electronic equipment, beauty products, etc.

The Website is freely accessible from anywhere to any Customer with Internet access. All costs incurred by the Customer to access the service (computer equipment, software, Internet connection, etc.) are at their own expense.

    1. Intellectual property

Trademarks, logos, signs, as well as all content on the Website (text, images, sound, etc.) are protected by the Intellectual Property Code, and more specifically by copyright.

The User must obtain prior authorization from the Website for any reproduction, publication, or copying of the various contents. They undertake to use the Website's content strictly for private purposes; any use for commercial or advertising purposes is strictly prohibited.

Any total or partial representation of this Website by any means whatsoever, without the express authorization of the Website operator, would constitute an infringement punishable under Articles L 335-2 et seq. of the Intellectual Property Code.

In accordance with Article L122-5 of the Intellectual Property Code, the User is reminded that they must cite the author and the source when reproducing, copying, or publishing protected content.

    1. Responsibility

The sources of the information published on the Website are deemed reliable, but the Website does not guarantee that it is free from defects, errors, or omissions.

The information provided is for general guidance only and has no contractual value. Despite regular updates, the Website cannot be held responsible for changes to administrative and legal provisions occurring after publication. Likewise, the Website cannot be held responsible for the use and interpretation of the information contained on this Website.

The Website cannot be held responsible for any viruses that may infect the Internet user's computer or other computer equipment as a result of use, access, or downloading from this Website.

The Website cannot be held responsible in cases of force majeure or due to the unforeseeable and insurmountable actions of a third party.

    1. Hyperlinks

Hyperlinks may be present on the Website. The User is informed that by clicking on these links, they will leave the Website. The Website has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.

    1. Cookies

The User is informed that when visiting the Website, a cookie may be automatically installed on their web browser.

Cookies are small files temporarily stored on the User's computer hard drive by their browser and are necessary for using the Website. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique, randomly generated, and therefore anonymous identifier. Some cookies expire at the end of the User's visit, while others remain.

The information contained in cookies is used to improve the Website.

By browsing the Website, the User accepts them.

The User can disable these cookies using the settings in their web browser.

ARTICLE 2 – Conclusion of the Online Contract

2.1. Ordering Process

To purchase one or more Products on the Website, the Customer selects each Product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed to order (1st click)

The choice and purchase of a Product are the sole responsibility of the Customer.

At this stage, the Customer is redirected to a page containing:

  • A summary of the selected Products and their corresponding prices. It is then up to them to check and, if necessary, correct the contents of their cart. 

At this stage, the Customer should read these GTC very carefully before confirming the entire order.

Indeed, confirming the order after checking the cart (2nd click) constitutes the conclusion of the distance contract ("the Contract"), and the Customer acknowledges that the 2nd click entails a payment obligation on their part.

The Customer is then redirected to the payment page. They can choose from the different payment methods offered and proceed with payment after checking the order.

They are then directed after the 3rd click to the "information" page, where they enter their email, name, first name, company (optional), delivery address, and telephone number. They are then invited to click the "continue to shipping" button.

The Customer must then choose the shipping method for the order.

After confirming their order and making payment, the Customer receives a confirmation message from the Company at the email address they provided.

Next, as soon as the order is processed, a second message is sent to them containing:

  • A summary of their order (selected Products, price, terms, and delivery costs);
  • Precise identification of the Seller and their business activity;
  • The order number and the link to check the delivery status.

If the order confirmation is not received, the Customer is advised to contact the Company using the contact information provided on the Website.   

The Customer then receives an electronic purchase invoice, which the Customer expressly accepts.

The Customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent to them in electronic format, as these documents may be produced as evidence of the Contract.

Except in the exercise of the right of withdrawal or in cases of force majeure, the Company can only take into account cancellation requests or any modifications to the order made by the Customer to the extent of its possibilities and provided they are notified by email (contact@france-tendance.com) to the Company within 24 hours of the Customer receiving the order confirmation, and at no cost to the Customer.

2.2 Cases in Which the Company May Refuse to Confirm the Order

The Company reserves the right to refuse any order for any legitimate reason, including, for example:

  • Order not compliant with the GTC;
  • Ordered quantities not corresponding to normal use by a consumer Customer;
  • Non-payment of a previous order or a pending dispute regarding a previous order;
  • Suspicion of fraud regarding the order (supported by a body of consistent evidence).

ARTICLE 3 – Product Specifications and Availability

3.1 Product Specifications

The essential characteristics of the Products and their respective prices are made available to the Customer on the Company's website, as well as, where applicable, information on the use of the Product.

Although the Company takes reasonable care to ensure that the specifications are accurate, the specifications themselves, subject to certain exceptions such as pricing information, are provided by the Company's suppliers. Consequently, the Company accepts no responsibility for any errors that may be contained in the specifications.

The specifications are presented in detail and in French. The Parties agree that illustrations, videos, or photos of the Products offered for sale have no contractual value and cannot bind the Seller.

3.2 Product Availability

Product offers are valid subject to the availability of stock from the Company's suppliers. Product availability is normally indicated on the specific Product page.

However, as the Company does not reserve stock (except in special cases of Products listed as pre-orders on the Product page), adding a Product to the cart does not absolutely guarantee the availability of the Product or its price.

In the event that a Product becomes unavailable after the Customer confirms the order, the Company will immediately inform them by email. The order will be automatically canceled, and the Company will refund the price of the Product originally ordered, as well as any amount paid in connection with the order.

However, if the order contains other Products besides the one that became unavailable, those Products will be delivered to the Customer, and the delivery costs will not be refunded.

ARTICLE 4 – Product Prices

4.1 Reference Prices Indicated on the Website

The reference price of the Products offered on the website is the recommended price set by the brand, manufacturer, or its official representative. Failing that, it is a price determined based on the prices at which the Product is commonly sold within a panel of retailers that distribute it. This price is updated as soon as the brand, manufacturer, or its official representative announces a new recommended price for the Product, or as soon as the price charged within the retailer panel is modified.

4.2 Changes to Prices Indicated on the Website

Product prices are indicated on the Product description pages. They are stated excluding tax, customs duties, and shipping costs. The Company reserves the right to change Product prices at any time, in compliance with applicable legislation. 

Ordered Products will be invoiced based on the price in force on the website at the time the order is confirmed.

4.3 Product Prices

Where the ordered Products are imported from abroad (outside the European Union), the prices of the Products sold through the website are stated in euros excluding taxes (excluding VAT and customs duties), unless otherwise indicated. They are precisely determined on the Product description pages. They are also stated in euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the product ordering page, and excluding specific shipping costs.

Product prices do not include import VAT, import taxes, or customs duties, which must be paid in addition and will be entirely borne by the Customer, who is liable for these taxes as the recipient of the Product.

Product prices do not include packaging, conditioning, shipping, transport, insurance, and delivery costs to the delivery address.

4.4 Payment of Taxes

The Customer is solely responsible for the process of declaring and paying import VAT during the Product's customs clearance. They may be required to pay import VAT. As this tax is not within the Company's control, the Company cannot be held responsible for refunding this tax.

For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases. The Company has no control over these duties and amounts.

They will be borne by the Customer and are their responsibility (declarations, payment to the competent authorities, etc.). The Customer is therefore invited to inquire about these aspects with the relevant local authorities.

ARTICLE 5 – Payment of the product price

5.1 Timing of payment

Payment of the full order price must be made immediately after the order is validated.

5.2 Payment methods

To pay for their order, the Customer can choose from various payment methods:

  • Payment by credit card:

Only credit cards issued by a banking institution located in France or international credit cards (Visa, MasterCard, American Express) are accepted. The Customer guarantees the Company that they have the necessary authorization to pay with the credit card used. They expressly acknowledge that the commitment to pay made by card is irrevocable and that providing their credit card number constitutes authorization to debit their account up to the total amount corresponding to the Products ordered. The amount will be debited at the time the order is validated.

Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the refund of the corresponding amounts.

Credit card payments are made via a secure payment platform, and the credit card information provided benefits from SSL encryption. 

  • Payment via PayPal/Shop Pay

Payment by PayPal or Shop Pay is accepted by the Company.

It is emphasized that when using this payment method, the General Terms of Use of PayPal or Shop Pay, which are available on their website, apply in addition to these General Terms and Conditions of Sale.

Generally, in the event of a payment authorization refusal by the officially accredited organizations or in the event of non-payment of the order, the Company reserves the right to suspend and/or cancel the order in question.

The Company reserves the right to suspend any of the payment methods at any time, particularly in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer regarding a previous order.

The Company reserves the right to implement an order verification procedure to ensure that no person uses another person's banking details without their knowledge. As part of this verification, the Customer may be asked to send a copy of an identity document, proof of address, and a copy of the credit card used for payment to the Company by email or mail. Precise information on the exact content of the information requested (to preserve the confidentiality of their data) will be provided to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.

ARTICLE 6 – Delivery – Customs Clearance - Receipt

6.1 Delivery of the Product - Delivery

Delivery of the Product 

Delivery of the Products means the transfer of physical possession or control of the ordered Products to the Customer.

In accordance with the provisions of Article L 216-4 of the French Consumer Code, the delivery of the Products is accompanied by the provision of the user manual, installation instructions, and a written statement mentioning the possibility of making reservations as well as the commercial warranty.

Delivery

Before the order is validated, the Company provides the Customer with information regarding the various delivery methods and their respective rates. Following the Customer's choice of delivery method, the Company will provide them with an estimated delivery time. 

The Company will do everything possible to ensure that the Product(s) is/are delivered no later than the scheduled delivery date. In the event of difficulties, the Company undertakes to communicate promptly with the Customer to inform them and seek an appropriate solution together.

Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Customer ("Delivery fees"). These delivery fees are included in the final price charged to the Customer at the time of the order. However, any customs fees are not included in the price charged to the Customer by the Company.

Depending on the terms chosen by the Customer, delivery will be carried out either to the address provided by the Customer or, if applicable, to a pickup point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to carefully check the information provided for delivery, as they remain solely responsible in the event of a delivery failure due to incomplete or incorrect information.

Deliveries are carried out by an independent carrier, to the address provided by the Customer at the time of the order and to which the carrier can easily access.

The Customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery and that they have no recourse against the Seller in the event of a failure to deliver the transported goods.

6.2 Customs Clearance

When making their purchase, the Customer purchases the product tax-free and becomes the importer of the purchased product in their capacity as the recipient of the Product.

They are therefore particularly responsible for the import and customs clearance processes of the product with the local customs offices. Depending on the price of their order, they may be required to pay customs duties (for Products with a customs value exceeding €150).

The Customer is solely responsible for the customs duties declaration process during the customs clearance of the Product. These customs duties, which are not charged to the Customer by the Company, are not within the Company's scope. The latter cannot therefore be held liable for the reimbursement of these duties. 

6.3 Receipt

Upon receipt of the Product, the Customer undertakes to check that the Product is complete and undamaged.

In the event of a detected anomaly, the Customer must contact the Company's Customer Service within 30 days (excluding public holidays) following the date of receipt of the Product. Any claim filed outside the deadline cannot be processed. 

ARTICLE 7 – Right of Withdrawal

7.1 Principle and timeframe

The Customer has the right to withdraw, without giving a reason, within fourteen (14) calendar days from the date of receipt of their order. In the event of an order for several Products, the timeframe begins upon receipt of the last Product.

In the event of exercising the right of withdrawal within the aforementioned timeframe, the price of the purchased Product(s) and the shipping costs will be refunded, with return costs remaining the responsibility of the Customer.

7.2 Exclusions

In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

  • Supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and which may occur during the withdrawal period;
  • Supply of goods made to the consumer's specifications or clearly personalized;
  • Supply of goods that are liable to deteriorate or expire quickly;
  • Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
  • Supply of goods that, after being delivered and by their nature, are mixed in an inseparable manner with other items;
  • Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the professional's control;
  • Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limits of the spare parts and work strictly necessary to address the urgency;
  • Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • Supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
  • Concluded at a public auction.

7.3 Terms of exercising the right of withdrawal

To exercise their right of withdrawal, the Customer must inform the Company of their intention to withdraw either by filling out the standard form, a model of which appears below, or by sending an unambiguous statement expressing their intention to withdraw within the 14-day period mentioned above.

Standard model of the withdrawal form:

For the attention of the Company Ecom-Web3 (https://france-tendance.com), Customer Service, 60 rue François 1er – 75008 PARIS.

I, the undersigned ______ hereby notify you of my withdrawal from the contract relating to the sale of the Product below:

  • Product name:
  • Order and receipt date:
  • Order number:
  • Customer name:
  • Customer address:
  • Customer signature: (only in the event of notification of this form on paper)
  • Date:

This form must be sent to the Company at one of the following addresses:

  • For electronic transmission, to the address: contact@france-tendance.com
  • For paper transmission, to Ecom-Web3 – 60 rue François 1er – 75008 PARIS

The Customer has a period of 14 days from the receipt of their order to send us their withdrawal form and return their item(s) to the Company in its original packaging, with return costs being exclusively borne by the Customer. 

The Products must be returned in their original state and complete (packaging, accessories, manual, etc.) to allow the Company to put them back on sale. In the event of receipt of opened, used, incomplete, damaged, or soiled Products, the Company will not issue any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for the depreciation of the Product.

In the event of the return of the Product under the conditions provided by law and these General Terms and Conditions of Sale, the Company will refund the full amount paid by the Customer, including delivery fees, within 14 days of the notification of withdrawal, unless the Product is returned later. In this case, the Company will only issue the refund after receipt and verification of the condition of the returned Product.

This refund will be made using the same payment method that the Customer used to pay for the order, unless the Customer expressly agrees to another payment method.

ARTICLE 8 – Warranties

8.1 Legal warranties

The Company remains liable for product non-conformity in accordance with the provisions of Articles L.217-4 et seq. of the French Consumer Code, as well as for hidden defects of the sold item in accordance with Articles 1641 et seq. of the French Civil Code.

When acting under the legal warranty of conformity (as provided by Articles L.217-4 et seq. of the French Consumer Code), the Consumer Customer:

  • benefits from a period of 2 years from delivery to take action,
  • can choose between the repair or replacement of the Product, subject to the cost conditions provided by Article L.217-9 of the French Consumer Code
  • is exempt from having to provide proof of the existence of the non-conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.

The Customer may also decide to act under the legal warranty against hidden defects within the meaning of Article 1641 of the French Civil Code. The Customer can choose between the rescission of the sale or a price reduction, in accordance with Article 1644 of the French Civil Code.

These legal warranties apply independently of any contractual warranty. 

Reproduction of applicable texts

L.217-4 French Consumer Code

"The seller delivers a good that conforms to the contract and is liable for non-conformities existing at the time of delivery. They are also liable for non-conformities resulting from packaging, assembly instructions, or installation when the latter has been made their responsibility by the contract or carried out under their responsibility."

L.217-5 French Consumer Code

"The good conforms to the contract:

1° If it is fit for the purpose normally expected of a similar good and, where applicable:

- it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;

- it possesses the qualities that a buyer can legitimately expect given the public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling;

2° Or if it presents the characteristics agreed upon by the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter."

L.217-9 French Consumer Code

"In the event of non-conformity, the buyer chooses between the repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other option, given the value of the good or the severity of the defect. They are then required to proceed, unless impossible, according to the option not chosen by the buyer."

L.217-12 French Consumer Code

"The action resulting from non-conformity is time-barred after two years from the delivery of the good."

1641 of the French Civil Code

"The seller is liable for the warranty against hidden defects of the sold item that make it unfit for the purpose for which it is intended, or that so diminish this use that the buyer would not have purchased it, or would have given it a lower price, had they known of them."

1648 paragraph 1 of the French Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."

8.2 Manufacturer Warranty

Certain Products for sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.

The existence of this type of warranty is mentioned, where applicable, on the specific Product page.  

If the Customer wishes to make use of this warranty, they should inform the Company by contacting Customer Service and consult the terms of the warranty themselves, which are generally included in the box containing the Product.

It is reminded that benefiting from the Manufacturer Warranty does not preclude the application of the legal provisions concerning the legal warranty of conformity and the legal warranty against hidden defects. 

8.3. Mandatory reminder of the provisions of Article D. 211-2 of the Consumer Code

  The consumer has a period of two years from the delivery of the goods to claim the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

 When the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

 The legal guarantee of conformity obliges the trader, where applicable, to provide all necessary updates to maintain the conformity of the goods.

 The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.

 If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee.

 If the consumer requests the repair of the goods, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date the goods were replaced.

 The consumer may obtain a reduction in the purchase price while keeping the goods or terminate the contract and receive a full refund upon return of the goods, if:

 1o The trader refuses to repair or replace the goods;

 2o The repair or replacement of the goods takes place after a period of thirty days;

 3o The repair or replacement of the goods causes major inconvenience to the consumer, particularly if the consumer permanently bears the costs of taking back or collecting the non-conforming goods, or if they bear the costs of installing the repaired or replacement goods;

 4o The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

 The consumer is also entitled to a price reduction or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.

 The consumer is not entitled to terminate the sale if the lack of conformity is minor.

 Any period during which the goods are unavailable for repair or replacement suspends the remaining guarantee until the restored goods are delivered.

 The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

 A seller who deliberately obstructs the enforcement of the legal guarantee of conformity may face a civil fine of up to 300,000 euros, which may be increased to up to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

 The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if they keep the goods or a full refund upon return of the goods.

ARTICLE 9 – Personal Data Protection

As part of the commercial relationship, the Company, as data controller, collects certain mandatory personal data (including, in particular, name, first name, delivery address, etc., marked with an asterisk) which are absolutely necessary for processing the order, managing the commercial relationship, compiling statistics, and complying with the Company's legal and regulatory obligations. This data is kept for 5 years from the end of the Contract.

If the Customer fails to provide this information, it will be impossible to process their order.

This data is intended for internal use by the Company but may be transmitted to companies that assist in the performance of the service, including those that handle the delivery of the Products or process payments.

Regarding this personal data, the Customer has several rights:

  • The right to access personal data relating to them;
  • The right to rectification and erasure if the personal data are inaccurate, incomplete, ambiguous, outdated, or if the collection, use, communication, and storage of certain data are prohibited;
  • The right to restrict data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
  • The right to object to data processing (particularly in the event of processing for direct marketing purposes)
  • The right to issue post-mortem instructions regarding the storage, erasure, and communication of their personal data
  • The right to withdraw consent to certain processing activities (processing carried out before the withdrawal of consent remains lawful)
  • The right to lodge a complaint with the CNIL.

To exercise their rights, the Customer may send a request to the Company by letter addressed to Société Ecom-Web3 – 60 rue François 1er 75008 PARIS or by email to "contact@france-tendance.com".

The request must state the Customer's email address, full name, and postal address, and must be accompanied by a copy of the front and back of their proof of identity.

A response will be sent within one month of receipt of the request.
 

ARTICLE 10 – Intellectual Property Rights

Unless otherwise stated specifically on a Product page, the sale of Products on the website does not involve any transfer of intellectual property rights in the Products sold.

Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these General Terms and Conditions of Sale.

Any total or partial reproduction of this content is strictly prohibited and may constitute a counterfeiting offense.

ARTICLE 11 – Force Majeure 

The Company cannot be held liable for failure to perform its obligations under these terms in the event of an accident or force majeure that prevents such performance within the meaning of Article 1218 of the Civil Code. The Company will notify the customer of such an event as soon as possible.

ARTICLE 12 – Exclusion of Liability

Notwithstanding any provision to the contrary stated herein, the Company may in no event be held liable for any losses or damages resulting from the Customer's improper use of the Product(s), including, without limitation, any modification or alteration of the Product(s) not authorized by the Company.

ARTICLE 13 – Suspension – Account Termination

The Company reserves the right to suspend or terminate the account of any Customer who violates the provisions of these General Terms and Conditions of Sale or, more generally, applicable legal provisions, without prejudice to any damages the Company may seek.

Any person whose account has been suspended or closed may not subsequently place an order or create a new account on the website without the Company's prior authorization.

ARTICLE 14 – Archiving – Evidence

Unless proven otherwise, the information recorded by the Company constitutes evidence of all transactions.

For each order, the order summary is sent by email to the Customer and archived on the Company's website.

Communications between the Company and the Customer are archived in computerized records that are kept for 5 years under reasonable security conditions. These records, on which communications are stored on a reliable and durable medium, are considered evidence of communications, orders, payments, and transactions between the Customer and the Company. They may be produced as evidence of the Contract.

Communications, orders, order details, and invoices are archived on a reliable and durable medium to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.

The Customer may access the archived items upon request at contact@france-tendance.com

ARTICLE 15 – Nullity and Amendment of the General Terms and Conditions of Sale

If any provision of these General Terms and Conditions of Sale is null, it shall be deemed unwritten, but shall not render the entire contractual provisions null.

Any tolerance shown by the Company in applying all or part of the commitments undertaken under these General Terms and Conditions of Sale, regardless of its frequency or duration, shall not constitute an amendment to the General Terms and Conditions of Sale nor give rise to any right for the Customer.
 

ARTICLE 16 – Applicable Law – Dispute Resolution

These General Terms and Conditions of Sale and the operations resulting therefrom are governed by French law.

They are written in French. If they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

In the event of a dispute relating to the interpretation, performance, or validity of these General Terms and Conditions of Sale, the parties expressly agree that the competent court shall be that of the place of business located in Corse-du-Sud.

Although the Company's registered office is located in Paris, the commercial activity, order management, customer service, and performance of services are carried out entirely in Corse-du-Sud, which constitutes the principal place of performance of the contract. This jurisdiction clause is stipulated in accordance with the provisions of Article 46 of the Code of Civil Procedure.

ARTICLE 17 – Disputes

All disputes that may arise from the purchase and sale operations concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences, and aftermath, and which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under common law conditions.

In the event of any difficulty, Customer Service is available to help find an amicable solution.

If no solution is found directly with Customer Service, the Customer is informed that they may, in any event, resort to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code, Art. L 612-1).

The European Commission has established an online dispute resolution platform intended to collect consumer complaints following an online purchase. The platform then transmits these complaints to a competent national mediator. You can access this platform by following the link below: http://ec.europa.eu/consumers/odr/.

ARTICLE 18 - Pre-contractual Information - Customer Acceptance

The Customer acknowledges having been informed by the Seller in a clear and understandable manner, by making these General Terms and Conditions of Sale available, prior to their immediate purchase or the placement of the order, and in accordance with the provisions of Article L 221-5 of the Consumer Code, about:

  • the essential characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity allowing them to purchase the Products fully informed, particularly regarding their conditions of use. The photographs and graphics presented are not contractual and shall not bind the Seller. The Customer is required to refer to the description of each Product to learn its essential properties and characteristics
  • the price of the Products and the application of a personalized price based on automated decision-making and any additional costs or, in the absence of payment of a price, any benefit provided in lieu of or in addition to it and the nature of this benefit;
  • the terms of payment, delivery, and performance of the sales contract;
  • in the absence of immediate performance of the sale, the delivery times for the ordered Products;
  • the identity of the Seller and all their contact details;
  • the existence and terms of implementation of the guarantees (the legal guarantee of conformity, guarantee against hidden defects, and any commercial guarantees) and, where applicable, after-sales service;
  • the possibility of resorting to a consumer mediator, whose contact details are provided in these General Terms and Conditions of Sale, under the conditions provided for in the Consumer Code
  • the right of withdrawal (existence, conditions, period, terms of exercise of this right, and standard withdrawal form), the terms of termination, the handling of complaints, and other important contractual conditions, and, where applicable, the costs of using distance communication techniques, the existence of codes of conduct, and financial security and guarantees;
  • the accepted payment methods.

The act of a natural person (or legal entity) placing an order on the Website constitutes full and complete adherence to and acceptance of these General Terms and Conditions of Sale and the obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would not be enforceable against the Seller.