Terms of Sales
Terms and conditions
The general conditions of sale (hereinafter referred to as the “General Conditions”) detailed below exclusively govern the contractual relations between any non-professional user of the site www.fontennoy.fr (hereinafter referred to as “the buyer” or “You ") and the micro-enterprise Fontennoy, owned by Camille-Victoire Laruelle whose head office is located at 65 avenue Aristide Briand, 35000, Rennes and registered in the Paris Trade and Companies Register under number 907 583 108 (hereinafter after called “Fontennoy”) and whose email address is firstname.lastname@example.org
The site www.fontennoy.fr is hosted by the company OVH whose head office is located at 2 rue Kellermann, 59100 Roubaix, company registered with the RCS of Lille under number 537 407 926, telephone: 08 203 203 63 (0.118 €/ min) - Fax: + 33 (0) 3 20 20 09 58 - Website: www.ovh.com - Hotline: http://ovh.com/fr/contact/support/
These general conditions are the only ones applicable and replace all other conditions, unless prior, express and written exemption. Fontennoy may occasionally modify certain provisions of the general conditions, it is therefore necessary that these be re-read before each order on the site www.fontennoy.fr (hereinafter referred to as the “site”).
The general conditions are accessible at any time on the site and prevail, where applicable, over any other version or any other contradictory document. These modifications are enforceable as soon as they are posted online and cannot be applied to contracts previously concluded. Each purchase on the site is governed by the general conditions applicable on the date the order is placed.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by Fontennoy to the buyer. The buyer declares to have read these general conditions and to have accepted them by checking the box provided for this purpose before placing the online order. By checking this box, you agree to respect the general conditions as well as the conditions of use which appear there.
Prices are quoted in euros all taxes included. They do not take into account delivery costs, invoiced in addition, and indicated before validation of the order. Value added tax (VAT) is not applied, art. CGI 239B. Any change in the applicable rate may be reflected in the prices of the Products and services.
For any order to a country other than mainland France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the jurisdiction of the Fontennoy company and are your responsibility and your entire responsibility, both in terms of declarations and payments to the competent authorities and organizations in your country. Fontennoy recommends that you find out about these aspects from your local authorities.
The prices applied are those appearing on the Site at the time of the order. After this date, they are subject to modification at any time. Fontennoy cannot be bound by the display of an incorrect and obviously derisory price, whatever the reason (computer bug, manual error, technical error). In this case, Fontennoy will inform the Customer as soon as possible and the order will be canceled. Payment of the full price must be made when ordering. At no time can the sums paid be considered as deposits or deposits. In the event of delivery to the Customer's home - to the address indicated by the Customer in accordance with article 6.1 - the flat rate contribution to the costs will be communicated to the Customer on the order summary form, before final validation of the order. . Fontennoy may reserve the right to offer promotional codes. These promotional codes can only be generated by Fontennoy and will not be applicable to the price of Products subject to other promotions (sales, price reductions, etc.). Fontennoy cannot be held responsible for promotional codes disclosed on forums other than those originating from Fontennoy and for which it has not given its agreement.
The price is payable in cash, in full, on the day the order is placed by the buyer. Fontennoy provides you with the following means of payment: - payment by credit card (CB, Visa or Mastercard) via the system Stripe security and payment by Paypal. Fontennoy reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. Fontennoy reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement in accordance with the provisions of the law of March 13, 2000 and will be worth: - payment of the sums due under of the order form - signature and express acceptance of all operations carried out In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to send an email to fontenoy.bijoux@gmail. com. The bank's server is secured by SSL encryption. (secure socket layer) in order to protect as effectively as possible all data linked to means of payment. Orders are reserved for adults.
The buyer has the possibility to place an order online, from the online catalog and using the form there. The Customer orders the different Products of his choice by clicking on "Add to cart". Depending on the nature of the Product, the Customer may be required to choose the quantity, color or size of the Product. Once the Product has been added, the Customer can either continue their purchases by clicking on "Continue shopping", or check their order by clicking on "View my basket".
At any time, the Customer can
- Check the Products appearing in your basket: their quantity, their amount and detailed information on each of them by clicking on the “My basket” or “View my basket” icon,
- Modify or cancel the order for one or more Products on the basket summary page,
- Continue your Product selection by clicking on the “Continue shopping” icon from the pop-up confirming the addition to the basket after adding a product from the item sheet,
Validate your order by clicking on the “Validate my basket” icon on the basket page displayed after validation of the addition on the product sheet.
The Customer becomes aware of the Products covered by the order on the basket summary page. To validate the order and access the next step, the Customer will be asked to read these general conditions of sale. The basket summary page clearly indicates to the Customer the payment obligation resulting from the order validation process by the mention "order with payment obligation".
The order can be validated on the Site without having a personal account. The Customer must provide the information necessary for payment and delivery of the products, including a valid email address, first name, last name, personal address and telephone number.
The Customer is responsible for choosing and storing his identifiers and must ensure their confidentiality. Fontennoy cannot under any circumstances be held responsible for the theft of identifiers and connections to customer accounts by third parties. The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.
Finalizing the order
On the basket page, the Customer accesses a page listing the Products appearing in the basket as well as the different delivery options with the associated costs. On the delivery page, the Customer accesses a page of the Site detailing the contract offer and the choice of delivery method as well as the address to which the Customer wishes the Products to be delivered.
In the case of a first home delivery, it is necessary to record the address indicated before continuing with the order. On this delivery page, the customer can also enter their billing address, which can be changed if necessary. The Customer validates the billing and delivery address by clicking on “Continue my order”. By clicking on “Continue my order”, the Customer then accesses a page allowing them to choose their payment method.
“First order” option
The "First order" option allows the Customer to place their order easily, with a minimum of clicks and steps on Fontennoy. To do this, the Customer simply enters their delivery address, their valid email address and use one of the payment methods at your disposal.
When the Customer clicks on the "Continue my order" button from the delivery page, their personal data and the delivery address that the Internet user has provided will automatically be taken into account as part of the order. The payment page will allow the Customer to check the order amount, delivery costs and finalize it.
Payments made under the “first order” option are just as secure as for a classic order, the description of which is available in articles 5.5 and 12 of these General Terms and Conditions.
Cancellation of the order is always possible as long as the Item has not yet been shipped, by calling customer service.
Please note, all orders are available in mainland France and Europe, and are reserved for adults.
For any questions relating to the tracking of an order, the buyer can refer to the tracking number of the order that he receives in the order confirmation email or write to email@example.com.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. In certain cases, notably non-payment, incorrect address or other problem on the buyer's account, Fontennoy reserves the right to block the buyer's order until the problem is resolved. If an ordered product is unavailable, the buyer will be informed by e-mail. The cancellation of the order for this product and its possible reimbursement will then be made, the remainder of the order remaining firm and final. The price owed by the Customer is the amount indicated on the payment page of which the Customer has read before definitively validate your order. The price is then recalled after payment in the summary document sent by email to the Customer's email address by Fontennoy. The Customer has the choice of paying for his purchases: - Order online by credit card (Carte Bleue, Visa, Eurocard, Mastercard, PayPal) for French, English and European orders. The American Express card is accepted. Regarding payment by credit card, the payment terms are as follows: Notwithstanding the application of article R.642-3 of the Penal Code, the Customer pays for his order by credit card (card bearing the CB sign, cards bearing the VISA or EUROCARD or MASTERCARD mark, or BANCONTACT/MISTERCASH) in accordance with the provisions of this article. To pay for their order by bank card, the Customer must transmit their bank card number on the Site , as well as the expiry date and the cryptogram number (3-digit number appearing on the back of their bank card). This data will be encoded on the servers on which the Site is hosted according to the SSL security standard. The card will be debited at the time of the order. In any case, the amount debited corresponds to the Product(s) actually delivered. It is specified that to make payment by credit card, the Customer will be automatically redirected to the STRIPE payment server. orders over €98, the 3D Secure payment system will be mandatory. The Customer must then enter their mobile phone number if they had not already entered it during the identification phase. In all cases, the online provision of the bank card number or any other means of payment and the final validation of the order will constitute proof of the entirety of said order, in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of proof to information technologies and relating to electronic signature reproduced in articles 1316 et seq. of the Civil Code. They will also constitute payment of the sums incurred by entering the items appearing on the order form. This validation constitutes signature and express acceptance of all operations carried out on the Site.
After payment, the Customer is directed to a confirmation page for their online purchase. A summary document of the order is sent to the customer on a durable medium, by e-mail, to the e-mail address indicated by him and at the latest before delivery. This document, which serves as acknowledgment of receipt, also includes all the constituent elements of the contract concluded between the Parties, including the duration of availability of spare parts.
To track the current order, the Customer can refer to the tracking number indicated by email.
In accordance with the legal provisions in force, the buyer has a period of fourteen days from the date of receipt to exercise his right of withdrawal from Fontennoy, without having to give reasons or pay a penalty, provided that the product(s) is(are) returned in its(their) original condition with its(their) original and undamaged packaging, within fourteen days following communication of the withdrawal decision.
The buyer is reminded that, in accordance with article l. 221-19 of the Consumer Code:
- the day of conclusion of the contract or the day of receipt of the product is not counted in the period of fourteen days mentioned above;
- the period begins to run at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period;
if this period expires on a Saturday, a Sunday or a public or non-working holiday, it is extended until the first following working day.
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to the supply of goods made to the consumer's specifications or clearly personalized. It also does not apply to goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (in particular earrings).
Damaged or incomplete products will not be taken back.
The product(s) must be returned in their original packaging and packaging to the following address: Fontennoy, 65 avenue Aristide Briand, 35000 Rennes (France) .
The right of withdrawal can be exercised by contacting the buyer service by email: firstname.lastname@example.org. The costs of returning the package are the responsibility of Fontennoy. If the aforementioned conditions are met, Fontennoy will reimburse the buyer for their order, with the exception of delivery costs, on the day of receipt of the returned products.
The products sold benefit from a commercial guarantee intended to ensure their conformity and to ensure reimbursement of the purchase price, replacement or repair of the goods.
It does not cover defects caused by abnormal or defective use or resulting from a cause unrelated to the intrinsic qualities of the products.
The preceding provisions do not exclude the application of the legal guarantee of conformity of article l. 211-4 of the Consumer Code and the guarantee of the item sold in Articles 1641 et seq. of the Civil Code.
Transfer of ownership - transfer of risk
The transfer of ownership of the products to the benefit of the buyer will be carried out after payment of the price by the latter, regardless of the delivery date of the products.
In accordance with the provisions of article L216-4 of the Consumer Code, the transfer of the risks of loss and deterioration relating thereto will only be carried out when the buyer takes physical possession of the products.
The products offered comply with current French legislation. Fontennoy cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order. Furthermore, Fontennoy cannot be held responsible for damage resulting from improper use of the purchased product. Finally, Fontennoy cannot be held responsible for any inconveniences or damages inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
All elements of the site www.fontennoy.fr are and remain the exclusive intellectual property of the Fontennoy company. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of the Fontennoy company.
Fontennoy cannot under any circumstances be held responsible for the violation by a buyer of rights held by third parties and perpetrated as a result of the latter's activities on the site.
These general conditions of sale are subject by the seller, the company Fontennoy (referred to as “Fontennoy” in these General Terms and Conditions), to French law.
They apply to deliveries made to consumer customers exclusively domiciled in France. In the event of a dispute, the French courts will have sole jurisdiction except in application of the rules of exceptional jurisdiction when the consumer is the plaintiff. Fontennoy and the Client undertake in the event of a dispute to seek an amicable solution before any legal action. In the event of a dispute or complaint, the buyer will contact Fontennoy as a priority to obtain an amicable solution.
COLLECTION OF DATA AND COOKIES
The communication of personal information in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential and processed in compliance with the law “Informatique et Libertés” of January 6, 1978 amended in 2004, amended by law 2018-493 of June 20, 2018 (for France) and the law of July 30, 2018 relating to the protection of individuals with regard to the processing of personal data (for Belgium) under the conditions covered by the Personal Data Policy. For the purposes of paying for your orders, banking information and data are collected by Stripe, our payment service provider. The solution for processing your payment is outsourced to STRIPE. We collect, process and store personal information about you and the devices you use when you visit www.fontennoy.fr on a phone or computer, during transactions and when you interact with the Fontennoy Services. The personal information we collect is as follows: Content you generate during your interactions with the Fontennoy Services, including information requested to contact you and verify your identity; Device identifiers such as ip addresses, cookie identifiers, idfas and other device identifiers, as well as geolocation information, iot technologies and connection information such as statistics of your page visits, traffic to and from the sites , referring URLs, advertising data, your browsing history, fingerprinted email addresses.
USE OF DATA
We use the personal information we collect to: provide you with customer service, provide you with personalized advertising and marketing, and detect, prevent, mitigate and investigate fraudulent or illegal activities. We process personal data when making purchases, payments, customer support and satisfaction to enable us to honor our contract when your contact and transactional information is processed. Legally, we are not allowed to keep personal data for longer than necessary to fulfill the purpose for which we collected them. The shelf life may therefore be different depending on the processing activity. For marketing purposes for which you have given us your consent, we keep your contact details until you withdraw your consent. Finally, your banking information is never in our possession. Transactions are entirely processed by the secure payment module of our partner Stripe.
If you do not wish to receive commercial communications, you can unsubscribe by clicking on a link in the email you receive or by writing to us at email@example.com.
DISCLOSURE AND SECURITY
We never disclose your personal information to third parties for marketing purposes. We protect your information by measures that reduce the risk of loss, unauthorized use and access, disclosure and modification. We reduce the amount of personal information we disclose to the amount directly relevant and necessary to achieve the specified purpose.We minimize the amount of personal information we disclose to the amount directly relevant and necessary to achieve the specified purpose. In doing so, we may disclose your personal information to authorized third party service providers who help us provide our services as: Payment provider to facilitate purchases Order processing service provider to facilitate order fulfillment, packaging and delivery Marketing and advertising providers to personalize your experience We protect your information with measures that reduce the risk of loss, misuse, unauthorized access, disclosure and modification.
Fontennoy will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance results either from the Customer, or from the unforeseeable and insurmountable act of a third party to the contract, or from a case of force majeure as defined by court case law, including in particular total or partial strikes in particular of postal services and means of transport and/or communications. Fontennoy will notify the Customer of an event constituting force majeure, within 5 working days of its occurrence. The Parties agree to consult as soon as possible to determine the terms of processing the order during the duration of the force majeure event. Beyond a period of 30 days of interruption due to force majeure, the Parties will be released from their obligations towards each other. If applicable, Fontennoy will reimburse the customer as soon as possible.
Mediation and amicable settlement of disputes
In accordance with the provisions of articles L612-1 et seq. of the Consumer Code, the customer has the possibility of using the services of a mediator free of charge for the amicable settlement of any unresolved dispute between him and Fontennoy. The buyer is informed that he can contact the cooperative and associated commerce mediation platform. Failing this, the buyer may initiate proceedings before the court of his choice.
It is specified here that the dispute can only be examined by the mediator under the following conditions:
- The consumer must justify having previously attempted to resolve their dispute directly with Fontennoy, by means of a written complaint;
- Their request must not be manifestly unfounded or abusive;
- The dispute must not have been previously examined or be currently being examined before another mediator or a court:
- The consumer submitted his request to the mediator within a period of less than one year after his written complaint to the Fontennoy services.
- The dispute falls within its field of jurisdiction.
Mediation is a process freely accepted by the parties. They are and remain free to interrupt, continue, conclude or not, the mediation they have undertaken. Mediation imposes on the parties an obligation of loyalty characterized by the desire to collaborate with each other and to satisfy the mediator's requests for information.
In the event that one of the clauses of these general conditions of sale is null and void due to a change in legislation, regulations or a court decision, this will in no way affect the validity and compliance with these terms. general conditions of sale and use.