General terms and conditions of online products sales to private consumers

Preamble

The present general terms and conditions apply to all sales made through Website www.thefrenchvisionary.com.

The website www.thefrenchvisionary.com is a service of :

  • THE FRENCH VISIONARY SAS ( Simplified joint-stock company)
  •  located at 50, rue des Binaches, 77144 MONTEVRAIN, FRANCE.
  •  URL of the website: www.thefrenchvisionary.com
  • Email: contact@thefrenchvisionary.com
  • Telephone: 0184781987

 

The website THE FRENCH VISIONARY market the following products :

  • Item of clothing (Polos, Shirts)
  • Accessories (Tie, Robe)
  • Luggage/ Bag (Suit cover, overnight bag, weekend bag, carry-on-luggage et backpack).

The customer declares to have acknowledged and accepted the present general terms of sale before placing his order.  The order validation is therefore worth the acceptation of the general terms and conditions of sales.

Article 1 – Principle :

The present general terms and conditions express the entirety of the obligation of the parties. In that sense , the buyer is deemed to accept them without reserve.
The present terms and conditions of sales apply to the exclusion of any other conditions, including the ones which apply for the sales in the shop or to other means of distribution and commercialization networks.
They are accessible on the website THE FRENCH VISIONARY and will prevail, if necessary, over any other version or any other contradictory document.

The seller and the buyer admit to the fact that the general conditions shall exclusively govern their relationship. The seller reserves the right to punctually modify his general conditions. They are applicable as soon as they are published online. If a condition is found to be lacking, it would be governed by the procedures in force in the area of distance selling companies which have headquarters in France.
The presents general conditions of sales are valid from this day.

Article 2 – Contents :

The present terms and conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods proposed by the seller to the buyer, from the website THE FRENCH VISIONARY.
The present terms and conditions only concern the purchases made on the website THE FRENCH VISIONARY and are delivered exclusively in France, DOM-TOM include or abroad (United States, United Kingdom, Australia), it is appropriate to send a message to the following Email address: contact@thefrenchvisionary.com.
These purchases concern the following products :
Item of clothing (polos, shirts), Accessories (robes, ties) and luggage(suit covers, overnight / weekend bag, trolley carry-on-bag with caster and backpack).

Article 3 – Pre-contractual information:

The customer acknowledges before the order is placed and the contract conclusion, having communication of the presents general conditions and all the information, listed in Article L. 221- 5 of the French Consumer Code, in an intelligible and legible way.

Are given to the customers, in a clear and intelligible manner, the following information :

•The essentials characteristic of the good ;
• The price of the good
• And if there have been, the additional costs of transportation, delivery or postage, and any other eventual required cost.
• The information related to the seller identity, his contact details, telephone or electronics, to his activities, the ones related to the legal guarantees, to numerical contents functionality and if so, to his interoperability, to the existence and to the execution of guaranties modality and other contractual conditions.

Article 4 – The order :

The buyer has the possibility to place his order online, from the online catalog and with the form set out in it, for any products, within the limit of available products.
The buyer will be informed of any disponibility of the ordered product.
For the order validation, the buyer has to accept, by clicking to the indicated place, the presents generals conditions. He’ll have to choose the address and the delivery method. Finally, he ‘ll have to valid the means of payment.
The sale will be considered like definitive :
•After the send, to the buyer, the confirm of the acceptance of the order by Email.
• And after cashing by the seller of the entirety of the price. Any order worth acceptance of the prices and descriptions of the products available to the sale. Any disagreement on this point will intervene as part of an eventual exchange and the guarantees mentioned below :
In certain cases, especially default of payment, wrong address or any other problem on the buyer account, the seller reserves the right to block the order of the buyer, until the solving of the problem. For any further questions related to the order tracking, the buyer has to call the following number: +33 (0)1 84 78 19 87 (cost of a foreign cost ), to the following day and hours :

From Monday to Saturday, from 9: 00 AM to 8: 00 PM and public holiday and Sunday from 2: 30 PM to 6: 00 PM or by sending an email to the seller to the following address: contact@thefrenchvisionary.com

Article 5 – Electronic signature :

The online provision of the credit card number of the buyer and the final order validation worth as proof of the agreement of the purchaser :
• The requirement of the sums due in respect of the order form.
• Signature and express acceptance of any operations carried out.
In case of fraudulent use of the credit card, the purchaser is invited, as soon as he finds this use, to contact the seller at the following number: +33 (0) 1.84.78.19.87.

Article 6 – Confirmation of the order :

The seller provides to the purchaser a copy of the contract by Email.

Article 7 – Transaction proof :

The computerized register stored in the computers systems of the seller under conditions of reasonable security will be considered as proof of communications, orders and payments intervened between the parties.
The filing of purchase orders and invoices is made on a reliable and durable backup media and can be produced as evidence.

Article 8 –Information about the products:

The products covered by the presents general conditions are the ones figured on the website of the seller and indicated as sale and ship by the seller. They are proposed in the limit of the available stocks.
The products are described and presented with the greatest accuracy.
Nevertheless, if errors or omissions regarding their presentation should occur, the seller cannot be held responsible for them.
The product’s pictures are not contractual.

Article 9 – Prices:

The seller reserves the right to modify at any time his prices but agree to apply the prices at the time of order, depending on availability of the product at that time.
Prices are indicated in euros. They don’t include the possible change of currency, delivery charges that are additional and indicate before the order validation. Prices include the VAT applicable on the day of ordering and any change of VAT rate will be automatically transmitted on the price of products of the online shop.
Il one or several taxes or contributions, especially environmental were created or modified, in a rise or in decreasing, this change could be transmitted on the selling price of products.

Article 11 – Availability of product – Repayment – Resolution :

Except in case of force majeure or during closed period of the online shop which will be clearly announced on the home page of the website, the deadlines of shipment will be, in the limit of available stock, the ones indicated below. The shipment time limits start to run from the record date of the order indicate in the Email of confirmation of the order.

Deliveries in France Metropolitan, Corsica and DOM-TOM, the deadline is 15 working days, from the following day when the purchaser has placed his order, in the following terms: Manufacturing time, delivery by our FedEx carrier. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in countries: United States, United Kingdom, and Australia, the deadline is 20 business days (and 25 days for Australia), from the next day the purchaser has placed its order, in the following terms: Manufacturing time, delivery by Our FedEx carrier. At the latest, the deadline will be 30 working days after the conclusion of the contract.
In the absence of execution at the expiration of this period, the purchaser may freely break his contract.
However, the buyer will have to carry out these successive formalities by letter
Recommended with acknowledgment of receipt or written on another durable medium.
The contract shall be deemed to be resolved upon receipt by the seller of the letter or writing informing him of this resolution unless the professional has performed in the meantime.
The purchaser may, however, immediately resolve the contract, if the dates or deadlines given above constitute an essential condition of the contract.
In this case, when the contract is resolved, the seller is obliged to repay the purchaser of all the sums paid, no later than 14 days after the date on which the contract was denounced.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either the reimbursement of the sums paid within 14 days of their payment or the exchange of the product.

Article 10 – Means of payments :

It concerns an order with an obligation of payment, which means that the execution of the order involves a settlement of the purchaser. To settle his order, the purchaser has all the means of payment available to it by the seller and listed on his website.

The purchaser guaranty to the seller that he dispose of the eventual necessary authorisation to use the mean of payment he chooses, during the validation of the purchase order. The seller reserves the right to suspend the processing, or shipping of a delivery in the case of a credit card refusal, or in the case of non-payment. The sellers reserve the right to refuse an order in the event of a purchaser who not having totally or partially settled a preceding order or one on which there is a settlement dispute pending.

The payment of the price is making in totality on the day of the order, according to the following mode:
By payment card (debit or credit) and by PayPal.

Article 12 – Modalities of delivery:

The delivery extends from the transfer to the consumer of the physical possession or control of the property. The products ordered are delivered in accordance with the terms and time specified above. The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to ensure its accuracy. Any parcel returned to the seller due to incorrect or incomplete delivery will be reshipped at the purchaser’s expense.

The purchaser may, at his request, obtain an invoice at the billing address, not the delivery address, by validating the option provided on the purchase order.
If the buyer is absent on the day of the delivery, The courier will leave a notice of passage in the mailbox, which allows removing the parcel in the place and during the specified time. If at the time of delivery, the original packaging is damaged, torn, open the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).
The purchaser must indicate on the delivery order and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product)
Missing in relation to the delivery order, damaged parcel, torn products,…). This verification shall be deemed to be carried out as soon as the purchaser, or a person authorized by him, signed the delivery slip. The buyer will then have to confirm by registered mail these reservations to the carrier no later than two working days after the receipt of the article (or articles) and send a copy of this mail by fax or Simple mail to the seller at the address indicated In the legal terms of the website.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days after delivery. Any
Claim made outside this time limit may not be accepted. The return of the product may only be accepted for products in their original state (non-litter, packaging, accessories,…).

Article 13 – Delivery errors:

The buyer will have to formulate with the seller, the day of delivery or at the latest on the first working day following delivery, any claim of error of
Delivery and/or non-conformity of products in kind or in quality in relation to the indications given on the purchase order. Any claim made beyond that
Delay will be rejected.

The claim may be made at the option of the purchaser:
• Address mail: infosclient@thefrenchvisionary.com
• By registered Mail:
THE FRENCH VISIONARY SAS, 50, RUE DES BINACHES, 77144 – MONTEVRAIN France

Any claim not made in the rules defined above and within the specified time limits may not be taken into account and will relieve the seller of any liability towards the purchaser.
Upon receipt of the claim, the seller will issue an exchange number of the product (s) concerned and communicate it by e-mail to the purchaser. The exchange of a product can only take place after the exchange number has been assigned.

In case of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging,
Colissimo recommended, at the following address:
50, rue des Binaches, 77144 – MONTEVRAIN, in France.
The cost of return is the responsibility of the seller.

Article 14: Right of withdrawal:

Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the purchaser has a period of 14 days from the date of delivery of his order, to return any item not suitable for him and to request the exchange or reimbursement without penalty, to The election of the return costs that remain at the expense of the purchaser. Returns are to be carried out in their original state and complete (packaging, accessories, products not carried,…) allowing their re-marketing in new condition, accompanied by the purchase invoice.
Damaged, dirty or incomplete products are not included.

The right of withdrawal can be exercised online, using the retraction form available on this website. In this case, an acknowledgment of receipt on a durable medium will be communicated immediately to the purchaser. Any other form of declaration of withdrawal is accepted. It must be without ambiguity and express the will to retract.

In the case of the exercise of the right of withdrawal within the abovementioned period, the price of the product (s) purchased and the delivery costs shall be reimbursed. The cost of return is the responsibility of the purchaser.
The Exchange (subject to availability) or reimbursement shall be made within a period of 72 hours, and at the latest, within 14 days of receipt by the seller of the goods returned by the purchaser under the conditions set out above.

Article 15 – Force Majeure:

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes
Obligations of the parties and to suspend them. The party relying on the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.

Will be considered as cases of force majeure any fact or circumstances irresistible, external to the parties, unforeseeable, inevitable independent of the will of the parties and that cannot be prevented by the latter, despite all reasonable efforts possible. Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the Et Of the French courts: the blocking of the means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stopping of telecommunication networks or difficulties peculiar to the external telecommunications networks to customers.

The parties will come closer to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.

Article 16 – Intellectual property:

The content of the website remains the property of the seller, the sole proprietor of the intellectual property rights in this content. Buyers undertake not to make any use of this content; Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement offense.

Article 17 – Informatics and liberties:

The personal data provided by the purchaser is necessary for the processing of its order and the preparation of the invoices. They may be communicated to the seller’s partners responsible for the execution, processing, management, and payment of orders. The purchaser has a right of permanent access, modification, rectification and opposition in relation to the information concerning him. This right may be exercised in accordance with the terms and conditions defined on the website the FRENCH VISIONARY.

Article 18 – Partial Validation:

If one or more stipulations of these general conditions are held for invalid or declared such pursuant to law, regulation or following a final decision of a competent court, the other provisions shall keep All their strength and reach.

Article 19 – No renunciation:

The fact that one of the parties does not avail itself of a breach by the other party to any of the obligations referred to in these general conditions shall not be construed as a waiver of the obligation in the future.

Article 20 – Title:

In the event of a difficulty of interpretation between any of the securities appearing at the head of the clauses, and any of the clauses, the securities shall be declared non-existent.

Article 21 – Language of contract:

The present general terms and conditions of sale were originally written in the French language. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.

Article 22 – Mediation:

The purchaser may resort to a conventional mediation, in particular to the Commission on consumer mediation or to existing sectoral mediation bodies, or to any alternative dispute resolution procedure (conciliation, by Example) in the event of a dispute.

Article 23 – Applicable law:

These general conditions are subject to the application of French law. The Court of competent jurisdiction is the Court of Appeal for disputes which amount to less than or equal to EUR 10,000 or the Court of the Great instance for disputes which amount to more than EUR 10,000.
This is so for the substantive rules as for the rules of form. In the event of a dispute or a claim, the buyer will address the seller in priority to obtain an amicable solution.

Article 24 – Protection of personal data:

Data collected:

The personal data collected on this site are as follows:

Account Opening:

When creating the user’s account, his/her surname, first name, email address, telephone number, the postal address will be required.
The following elements may remain unanswered: his date of birth, his class of professional social category (particular client, entrepreneur, business manager, investor).

Connection:

When connecting the user to the Web site, the latter records his name, first name, usage, location and data of payment.
Profile:
The use of the services provided on the website allows to fill in a profile, which can include an address and a telephone number.

Payment:

As part of the payment of the products and services offered on the website, it records financial data relating to the bank account or credit card of the user.

Communication :

When the Web site is used to communicate with other members, the data regarding the user’s communications are subject to temporary preservation.

Cookies :

Cookies are used as part of the use of the site. The user has the ability to disable cookies from his browser settings.

Use of personal data:

The personal data collected from the users are intended to provide the services of the website, their improvement and the maintenance of an environment secure.

Specifically, the uses are as follows:

• Access and use of the website by the user;
• Management of the operation and optimization of the website;
• Organization of the terms of use of payment Services;
• Verification, identification, and authentication of data transmitted by the user;
• Offer the user the opportunity to communicate with other website users
• Implementation of user assistance;
• Prevention and detection of fraud, malware and incident management of security
• Management of possible disputes with users;
• Sending of commercial and advertising information, according to the preferences of the user.
Sharing of personal data with third parties:
Personal data may be shared with third-party companies in the following cases:
• When the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
• When the user publishes publicly accessible information in the free comment areas of the website;
• When the user authorizes the Web site of a third party to access its data;
• When the website uses service providers to provide user assistance, advertising, and payment services. These providers have limited access to the user’s data, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the regulation, applicable in respect of protection, personal data;
• If required by law, the Website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;
• If the website is involved in a merger, acquisition, transfer of assets or judicial reorganization process, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.

Security and confidentiality:

The website implements organizational, technical, software and physical measures for digital security to protect personal data
Against tampering, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights:

In accordance with the rules applicable to personal data, users have the following rights, which they may exercise by applying to the following address: contact@thefrenchvisionary.com
• The right of access: they can exercise their right to access, to know the personal data concerning them. In this case, prior to the implementation of this right, the website may request proof of the identity of the user in order to verify its accuracy.
• The right of rectification: If the personal data held by the website are inaccurate, they may request my update of the information.
• The right to delete data: Users may request the deletion of their personal data in accordance with applicable data protection laws.
• The right to limitation of treatment: Users may request the website to limit the processing of personal data in accordance with the assumptions provided by the RGPD.
• The right to portability: they may request that the website provide them with the personal data provided to them for transmission to a new website.

Evolution of this clause:

The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to the personal Data protection clause, the website agrees to publish the new version on its website. The website will also inform users of the change by e-mail, within a minimum of 15 days before the date of effect. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

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