(Updated : 27/09/2024)
PRELIMINARY ARTICLE
These General Terms and Conditions of Sale (hereinafter referred to as the "GT&Cs") are those of FAURE LE PAGE MAROQUINIER (hereinafter referred to as "FLPM" or the "Seller") a société par actions simplifiée (simplified joint stock company) with a share capital of € 1 100 000, registered in the Paris Trade and Companies Register under number 533 296 331, whose intra-community VAT number is FR0853329633100010, and whose details are the following:
- Head office address: 21, rue Cambon, 75001 Paris, France;
- Telephone number: +33(0)6 47 32 03 39
- Email address: arthur@faurelepage.com
FLPM designs, manufactures and markets leather goods and eyewear all over the world, which are protected by Intellectual Property Rights, including trademark rights.
In order to better meet the expectations of its customers, FLPM has set up, in addition to the points of sale it operates, an online sales system for a selection of its Items in an Online Store accessible on its Website.
ARTICLE 1: DEFINITIONS
1.1. “Products”: The products designed, manufactured and/or marketed by the Seller, presented under the "COLLECTIONS" tab, including a selection to be sold in the Online Store on the Website.
1.2. "Online Store": online sales area for the Seller's Products on the Website, accessible via the "COLLECTIONS" tab.
1.3. "Customer(s)": Any natural person acting as a consumer within the meaning of French law and case law, and more particularly the Preliminary Article of the French Consumer Code, excluding any resellers or intermediaries acting on behalf of resellers.
1.4. "Intellectual Property Rights": All of the Seller's Intellectual Property Rights, including all trademarks, whether figurative or not, and more generally, all illustrations, images, drawings, designs, models, motifs, logos, texts, descriptions, 3D models, company names, trade names, signs, software, constituting and/or appearing on the FLPM Items sold on the Online Store, their accessories or packaging, as well as the graphic interface of the Website, including the Online Store, and all its components and contents, whether or not they are registered trademarks.
1.5. "Flagship store": Store located at 21, rue Cambon, Paris (75001), France.
1.6."Third Party Beneficiary(ies)": Any natural person having the status of consumer within the meaning of French law and case law, and more particularly the Preliminary Article of the Consumer Code, excluding any resellers or intermediaries acting on behalf of resellers, who would be the recipient of an order from a Customer.
1.7. "Customer Service": FLPM's Customer Service responsible for managing the online sale of the Items offered on the Online Store, and whose contact details are provided in Article 15.1 of these T&Cs.
1.8. "Website": the Seller's Website accessible under the domain name https://faurelepage.com exhibiting the Products, including the Seller's Items, and offering in particular online sales services for the Items in the Online Store.
1.9. "Countries": means the following countries and territories :
Albania, Algeria, Andorra, Antigua & Barbuda, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Barbados, Belgium, Belize, Benin, Bosnia & Herzegovina, Botswana, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chile, China, Cyprus, South Korea, Ivory Coast, Croatia, Denmark, Djibouti, Dominica, Egypt, United Arab Emirates, Equatorial Guinea, Estonia, Faroe Islands, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guatemala, Guernsey, French Guiana, Guyana, Honduras, Hong Kong SAR, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Jersey, Jordan, Kenya, Kosovo, Kuwait, Latvia, Lesotho, Lebanon, Liechtenstein, Lithuania, Luxembourg, Macau SAR, Macedonia, Madagascar, Malaysia, Malawi, Malta, Morocco, Martinique, Mauritius, Mauritania, Mayotte, Mexico, Moldova, Monaco, Mozambique, Namibia, Nauru, Niue, Oman, Panama, Papua New Guinea, New Zealand, Norway, Paraguay, Netherlands, Peru, Poland, Portugal, Qatar, United Kingdom, Dominican Republic, Czech Republic, Reunion, Romania, Rwanda, Samoa, San Marino, São Tomé & Príncipe, Senegal, Serbia, Sierra Leone, Singapore, Seychelles, Slovakia, Slovenia, Soudi Arabia, South Africa, Spain, Sweden, Switzerland, Suriname, Taiwan, Tanzania, Thailand, Togo, Tonga, Trinidad & Tobago, Tunisia, Turkey, United States of America, Vatican, Vietnam, Zambia.
1.10. The "Seller" : The FLPM company, specialised in the design, manufacture and marketing of the Items.
ARTICLE 2: IDENTIFICATION OF THE OFFEROR – SCOPE
2.1. These T&Cs apply to sales of Items concluded in the FLPM Online Store with any Customer, for its own account or with any Third Party Beneficiary, and for all delivery points located in the Countries, in accordance with the conditions detailed below.
It is expressly specified to the Customer that FLPM only sells the Items in the Online Store to retailers and end consumers, any purchase of Items for the purpose of resale is strictly prohibited. Consequently, prior to any order, the Customer certifies that the purchase of the Items on the Online Store is strictly for personal and domestic use and is not directly related to any commercial activity.
2.2. The Seller expressly recommends that the Customer carefully review the T&Cs before submitting their order. The current T&Cs are available at any time on the Seller's Website, within the "T&Cs" section at the bottom of the page on the Website.
By ordering one or more Items from the Seller, Customers shall be deemed to have fully accepted these T&Cs.
The T&Cs applicable to the sale are those in force on the date of the placing of the order by the Customer in the Online Store.
The Seller reserves the right to modify and update the T&Cs at any time, with the new T&Cs applying to any order placed after their entry into force.
These T&Cs are without prejudice to the Terms and Conditions of Use, governing access and navigation more generally throughout the Website and available at any time on the Website.
ARTICLE 3: DESCRIPTION AND AVAILABILITY OF ITEMS ON THE ONLINE STORE
3.1 In accordance with applicable legal and regulatory provisions and more particularly Article L.111-1 of the French Consumer Code, the Customer is expressly informed that they may, prior to their order, consult information (categories, names, characteristics, definitions, composition, etc.) and illustrations and photographs relating to all the Items offered for sale online on the Website, including in the Online Store.
3.2. FLPM also offers its Customers the opportunity to personalise some of its Items by adding medals (letters and symbols) and coloured leather ties, or by hot stamping, and to purchase the personalised Item by themselves through the Online Store. Given the multitude of possible combinations, the illustrations of these various items presented in the Online Store are not identical reproductions of photographs of the said Personalised Items but are reconstituted in 3D computer graphics.
3.3. In general, although the Seller makes every effort to ensure the accuracy of the descriptions of the Items and all data available on the Website, including the Online Store, and updates them regularly, FLPM cannot be held responsible for non-substantial and minor errors that may occur.
Similarly, although the Seller takes the greatest care to present photographs and illustrations of Items on the Website, and in the Online Store, including 3D models, which are as accurate as possible, particularly in terms of colours and materials, within the limits of technology and in compliance with the best market standards, certain minor variations may occur in the context of their reproduction in the Online Store, which the Customer acknowledges and accepts.
In addition, the packaging of the Items delivered to Customers may be different from those represented in the Online Store.
However, FLPM cannot be held liable in these circumstances.
If in doubt or for any additional information concerning the characteristics of an Item, Customers have the possibility of contacting the FLPM Customer Service whose contact information are given at Article 15.1 of these T&C of Sale.
3.4 If in doubt or for any additional information concerning the characteristics of an Item, Customers have the possibility of contacting the FLPM Customer Service by using the "Contact" tab of the Website.
The postal, telephone and email address of the Flagship store, as well as its opening hours, are indicated on the Site, under the URL : https://faurelepage.com/pages/maison-cambon.
3.5. FLPM Item offers and prices are valid as long as they are visible in the Online Store, within the limits of available stocks.
In case of unavailability of the Products, the Customer is invited to enter his email address in the "Get on the Waiting List" section on the page of the unavailable product in question, so that FLPM can keep him informed as soon as it is back in stock.
Within the "Contact" section of the Site ("Contact" section in the Website footer menu), the Customer can also contact the Customer Service so that it can suggest an alternative solution including putting them in contact with a boutique likely to be able to provide them with the missing Item, via a contact form available on the Online Store Contact Page.
In addition, errors or modifications may exceptionally occur, in particular in the case of simultaneous orders of the same Item by several Customers. In the event that one or more Items are unavailable after placing an order, despite the Seller's vigilance, the Seller shall inform the Customer by email or telephone as soon as possible, offering them the possibility to either:order a replacement Item, orcancel their order in full or in part.In the event of full or partial cancellation of the order due to unavailability, the Customer's bank account debited with the sums corresponding to the unavailable Item(s). If the debit has already occurred, the Customer will be refunded the aforementioned sums within fourteen (14) days following the date of cancellation of the order.
3.6. The Seller reserves the right to change the Items offered for sale in the Online Store at any time and without notice.
3.7. In accordance with the provisions of Article L. 121-11 of the French Consumer Code, the Seller shall be entitled, in the case of retail sales, to refuse any order considered abnormal, in particular when (i) the Customer wishes to purchase a quantity of Items that is out of proportion with their domestic needs, (ii) requires unusual delivery or payment conditions, (iii) or in the event of misunderstanding or error affecting the order placed by the Customer (missing information etc.).
More specifically, any order for more than 3(three) identical items or more than 10 (ten) items in total will be considered abnormal.
The Seller shall also be entitled to refuse any order placed by a Customer with whom there is a dispute relating to the payment of a previous order, which does not comply with these T&Cs, or which is fraudulent. The Seller shall inform the Customer of the legitimate circumstances of their refusal by email.
If the Customer fails to correct, as far as possible, the elements that are incorrect or contrary to these T&Cs which appear on their order, FLPM reserves the right to cancel the order altogether. In the event of a full or partial cancellation of the order in such circumstances, the Customer's bank account will not be debited with the sums corresponding to the disputed order. If the debit has already occurred, the Customer will be refunded the aforementioned sums within fourteen (14) days following the date of cancellation of the order.
ARTICLE 4: PROCEDURE OF ORDERING
4.1. To place an order, the Customer must have legal status within the meaning of Articles 1145 and following of the French Civil Code, i.e. any physical person with the exception of non-emancipated minors and protected adults within the meaning of Article 425 of the French Civil Code, and be the holder of a debit or credit card or other means of payment as defined in Article 6.1. of these T&Cs.
4.2. The Customer shall bear the cost of telecommunications, including the cost of Internet connection to access the Website, including the Online Store.
4.3. Online ordering is also subject to strict compliance with the procedures indicated by FLPM to the Customer, and in particular these T&Cs, when placing an order in the Online Store.
4.4. The Customer is invited to select Items from the Online Store and add them to their virtual shopping cart by clicking on the button "ADD TO CART".
The Customer may at any time, before confirming their order, consult the status of their virtual shopping cart including the Items selected for purchase from the cart icon placed in the upper right-hand corner of the Online Store, and if necessary, proceed to delete them by clicking on the "DELETE" button to the right of each Item.
Provided that the browsing history is not deleted and that the same browser is used, the virtual shopping cart is saved for a period of fourteen (14) days, to enable the Customer to finalise the order later.
4.5. After having selected the Item(s), the Customer checks the details of their order, as well as its price, including the costs and taxes generated by the delivery, then clicks on the "VALIDATE MY ORDER" button, and is then asked to choose between six options:
- expressly complete the order as a guest, without creating a customer account, via the Customer's pre-existing Paypal account ("express checkout");
- expressly complete the order as a guest, without creating a customer account, via the Customer's pre-existing ShopPay account ("express checkout");
- expressly complete the order as a guest, without creating a customer account, via the Customer's pre-existing Apple Pay account ("express checkout");
- expressly complete the order as a guest, without creating a customer account, via the Klarna account (only for these countries paying in euros), by filling in the information and the delivery address;
- validate the order as a guest, without creating a customer account, by filling in the information and the delivery address;
- log in with his email address and password to order using a customer account.
4.6. To complete their order, the Customer declares in advance that they have carefully read and unconditionally accept the T&Cs by ticking the box provided for this purpose.
After clicking on the " CONTINUE TO SHIPPING " button, the Customer is then informed of the method of shipment and the shipping fee involved in sending the Products, which are added to the subtotal amount previously communicated.
The customer can then place their order by clicking on the "CONTINUE TO PAYMENT" button.
4.7. After confirming the order and payment, the Seller sends the Customer an email confirming the order to the email address previously indicated by the Customer. The sales contract is then established and no subsequent modification to the terms of the order may be requested by the Customer concerning in particular the items concerned, the mode or the place of delivery, provided that any proposal to the contrary is exceptionally accepted by FLPM's Customer Service.
4.8. The Customer can view his order information (item ordered, tracking of the order and its delivery status from the carrier thanks to a private order tracking number) and billing information from his customer account section.
However, if the Customer did not create a customer account when placing his/her order, his/her order and billing information are also available in the order confirmation email sent by the Seller.
4.9. Unless proven otherwise, the data recorded in the Online Store, and summarised in the Customer's account if applicable, constitutes exhaustive proof of all transactions and sales of Items carried out between the Customer and the Seller in the Online Store.
ARTICLE 5: PRICES
5.1. Item prices are indicated in Euros, all taxes included (including VAT), excluding delivery costs, except within the following territories :
- in the United Kingdom prices are indicated in Pounds (GBP), all taxes included (including VAT)
- in the United States of America, Canada, Botswana, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Chile, Ivory Coast, Djibouti, Dominica, Egypt, the United Arab Emirates, Fiji, Gabon, Ghana, Grenada, Guatemala, Equatorial Guinea, Guyana, Hondurus, Hong Kong SAR, Israel, Jamaica, Jordan, Kenya, Koweit, Lesotho, Lebanon, Macao SAR, Madagascar, Malaysia, Malawi, Mauritania, Mexico, Mozambique, Namibia, Nauru, Oman, Panama, Papua New Guinea, Paraguay, Peru, Qatar, Dominican Republic, Rwanda, Samoa, São Tome & Principe, Seychelles, Sierra Leone, Suriname, Taiwan Tanzania, Thailand, Togo, Tonga, Trinidad & Tobago, Tunisia, Vietnam, Zambia, prices are indicated in US Dollars (USD), taxes excluded.
- in Australia, China, New Zealand, Singapore, prices are indicated in US Dollars (USD) taxes included (including VAT)
- in Japan, prices are indicated in Yen (JPY), all taxes included (including VAT)
- in South Korea, princes are indicated in Won (KRW), taxes excluded.
Delivery charges will be indicated to the Customer before confirmation of their order and will be at their sole charge, subject to any express statement to the contrary notified to the Customer, at the Seller's discretion.
5.2. FLPM reserves the right to modify the prices of the Items at any time and without notice. The Items are invoiced on the basis of the prices in force at the time the order is placed by the Customer, subject to the availability of the Items ordered at that time.
5.3. All costs and taxes, in particular customs duties, incurred by the delivery of the Item(s) shall also be the exclusive responsibility of the Customer and charged at the time the order is placed.
ARTICLE 6: ACCEPTED PAYMENT METHODS
6.1 The list of accepted payment methods (Visa, MasterCard, American Express, Paypal, ShopPay and Apple Pay) is communicated to the Customer when placing the order.
6.2 After having selected the card of their choice (Visa, Mastercard, French Carte Bleue), the Customer enters the number of their credit card, its expiry date and the visual cryptogram on the back of their credit card and approves the payment by clicking on the "PURCHASE" button. Payments by credit card may be authenticated and secured thanks to the 3D Secure system. This system is also known as “Verified by Visa” or “MasterCard SecureCode®”. During payment, the bank requests personal information from the Customer in order to verify the identity of the transferor or cardholder to validate the transaction.
The Customer guarantees that they have the necessary authorisations to use the payment method chosen at the time of placing and validating the order.
The processing of payment data collected by the Seller and the payment are carried out via an interface managed by the company Shopify Payments, in compliance with the legislation on personal data and in a secure environment, in accordance with Article 9 of these T&C of Sale, and accessible at https://faurelepage.com/pages/cgv .
6.3 Once the 3D Secure code has been entered and validated by the Customer's bank, the order is finalised. A confirmation email is then sent to the Customer at the email address previously indicated by the Customer.
6.4 The order will only be shipped after receipt of full payment from the Customer. Any payment incidents will immediately result in the cancellation of the order and/or the suspension of delivery of the Item(s).
ARTICLE 7: RESERVATION OF OWNERSHIP
7.1. The Seller reserves ownership of the delivered Items until full payment of their price in principle and interest. The transfer of ownership takes place when the Seller actually receives the payment.
7.2. The transfer of risks relating to the Items occurs when they are handed over to the Customer. The Customer therefore bears the risks (in particular of loss, theft or damage) relating to the Items from the moment they are delivered to the address indicated by the Customer when ordering.
ARTICLE 8: DELIVERY
8.1. Items purchased in the Online Store are available for delivery in the Countries. The Items are delivered to the delivery address indicated at the time of placing the order by the Customer, i.e.:
- to the place of habitual residence or business address of the Customer or a Third Party Beneficiary chosen by the Customer;
- to the corresponding delivery address (postal only, excluding PO boxes) indicated by the Customer when ordering;
- or,to a hotel expressly designated by the Customer.
To this end, the Customer undertakes to have communicated a correct delivery address to the Seller, the latter not being held liable for any error in the wording of the details of the Customer or the Third Party Beneficiary that may prevent the proper delivery of the Items.
Below are the shipping fees applied based on the shipping country chosen by the Customer :
MARKET | CARRIER | 0G-11G | 11.1G-37G | 37.1G-115G | 115.1G and over |
---|---|---|---|---|---|
France | DHL EXPRESS | Complimentary | |||
United Kingdom (Complimentary for orders over GBP 1,200 all taxes included, excluding shipping costs and duties) |
GBP 30 | GBP 40 | GBP 40 | GBP 45 | |
Albania, Andorra, Austria, Armenia, Belgium, Bosnia & Herzégovina, Bulgaria, Croatia, Cyprus, Czechia, Germany, Denmark, Spain, Estonia, Faroe Island, Finland, Gambia, Georgia, Gibraltar, Greece, Greenland, Guadeloupe, Guernsey, French Guiana, Hungary, Ireland, Italy, Iceland, Jersey, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Martinique, Mauritius, Morocco, Mayotte, Moldova, Monaco, Niue, Norway, Netherlands, Poland, Portugal, Réunion, Romania, San Marino, Senegal, Serbia, Slovakia, Slovenia, Switzerland, Sweden, Turkey, Vatican City, (Complimentary for orders over EUR 1,250 all taxes included, excluding shipping costs and duties) |
EUR 30 | EUR 45 | EUR 45 | EUR 50 | |
United States of America / Canada (Complimentary for orders over USD 1,350, excluding taxes, shipping costs and duties) |
USD 30 | USD 40 | USD 50 | USD 70 | |
Algeria, Antigua & Barbuda, Argentina, Bahamas, Bahrain, Barbados, Belize, Benin, Botswana, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Chile, Ivory Coast, Djibouti, Dominica, Egypt, Fiji, Gabon, Ghana, Grenada, Guatemala, Equatorial Guinea, Guyana, Honduras, Israel, Jamaica, Jordan, Kenya, Kuweït, Lesotho, Lebanon, Macao SAR, Madagascar, Malaysia, Malawi, Mauritania, Mexico, Mozambique, Namibia, Nauru, Oman, Panama, Papua New Guinea, Paraguay, Peru, Qatar, Dominican Republic, Rwanda, Samoa, São Tomé & Príncipe, Saudi Arabia, South Africa, Seychelles, Sierra Leone, Suriname, Taïwan, Tanzania, Thailand, Togo, Tonga, Trinidad & Tobago, Tunisia, United Arab Emirates, Vietnam, Zambia (Complimentary for orders over USD 1,350, excluding taxes, shipping costs and duties) |
USD 50 | USD 60 | USD 70 | USD 80 | |
Australia, China, New Zealand, Singapore, Hong Kong SAR (Complimentary for orders over USD 1,500, all taxes included, excluding shipping costs and duties) | USD 60 | USD 70 | USD 80 | USD 90 | |
Japan (Complimentary for orders over JPY 210,000, all taxes included, excluding shipping costs and duties) |
JPY 7,000 | JPY 8,500 | JPY 10,000 | JPY 11,500 | |
South Korea (Complimentary for orders over KRW 1,750,000 KRW, all taxes included, excluding shipping costs and duties) |
KRW 65,000 | KRW 78,000 | KRW 91,500 | KRW 105,000 |
8.2. Subject to payment of the full amount of the order, delivery of the ordered Items will take place on the date or within the period indicated to the Customer by FLPM and at the latest within thirty (30) days following the date of the order.
The Seller commits to make its best efforts to ship orders within one working day from the validation of the order by the Customer.
All orders are shipped to the Territories from France, via the DHL express service.
The Seller shall keep the Customer informed of the status of his/her order by email, in particular at the time of shipment, by sending to the Customer a tracking number.
The indicative delivery time is 4 (four) working days.
8.3. The Customer acknowledges that delivery is considered to have taken place when the package is delivered by hand or through the letterbox at the address indicated by the Customer, the carrier’s proof of delivery being conclusive.
If the items are not received within thirty (30) days of placing the order, the Customer is invited to contact the Seller's Customer Service, in order to report any delay in delivery and to agree on a new delivery date together.
If, at the end of the new period agreed with the Seller, the Customer has still not received the ordered Item(s), they may decide to cancel their order by sending a written cancellation request to the Seller's Customer Service in accordance with Article L.216-2 of the French Consumer Code. If necessary, the Seller undertakes to reimburse the Customer for all sums paid in consideration of the undelivered Item(s) within a maximum period of fourteen (14) days from the written request of the Customer to cancel their order.
ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS - PRIVACY PROTECTION AND PERSONAL DATA
9.1. The Intellectual Property Rights constituting and/or appearing on the FLPM Items sold in the Online Store, their accessories or packaging, as well as the graphic interface of the Website, including the Online Store, and all its components and contents, whether registered or not, are and will remain the exclusive property of FLPM worldwide or of any third party that has been granted the use of them under licence.
9.2. Consequently, any total or partial reproduction, modification, adaptation or use whatsoever of these Intellectual Property Rights, for any reason and on any medium whatsoever, without the express prior written consent of FLPM is strictly prohibited in any country. The same applies to any combination or connection with any other trademark, symbol, logo, text, and, more generally, any distinctive sign intended to form a composite logo.
9.3. The databases appearing or accessible on the Website, of which FLPM is the producer or operator, are protected worldwide against any extraction or reuse of their content in any qualitatively or quantitatively substantial manner by an unauthorised third party.
9.4. Any Customer who violates one or more of the provisions of Articles 9.1, 9.2. or 9.3. will immediately be prohibited from using the Website, including any access to the Online Store, and may no longer order Items via this channel and must delete and destroy any illegal reproduction of content for which the Seller holds Intellectual Property Rights, on any medium or device, without prejudice to any damages.
9.5. In order to provide Customers with a sales service for the Items best suited to their respective expectations and needs, FLPM is required to create an electronic file that identifies and processes certain personal data relating to Customers, and where applicable to Third Party Beneficiaries, provided by Customers in the context of placing orders for Items with FLPM.
The Seller complies with all applicable laws on the protection of personal data, including the General Regulation on the Protection of Personal Data (GDPR) applicable as of 25 May 2018 within the European Union, including France, as well as French law No 78/17 known as "Informatique et Libertés", as amended in accordance with the provisions of EU Regulation No 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
In this respect, the Customer is invited to refer to the FLPM Personal Data Protection Policy by clicking on the following link: https://faurelepage.com/pages/privacy-policy.
9.6. In order to participate in the protection and security of their own personal data, and their customer profile in the Online Store if applicable, the Customer is invited to make every effort to ensure the security of the transactions they carry out in the Online Store, in particular by ensuring that their user ID and password are kept strictly confidential. FLPM cannot be held responsible for the disclosure and/or fraudulent use of this information resulting from the Customer's negligence or fault.
9.7. FLPM wishes to best meet the expectations of its Customers and therefore uses cookies on the Website, including in the Online Store.
The Customer is invited to refer to the FLPM Personal Data Protection Policy for any further information by clicking on the following link: https://faurelepage.com/pages/privacy-policy.
9.8. The Seller undertakes to keep any sales contract for an amount equal to or greater than one hundred and twenty (120) Euros for a period of ten (10) years, and guarantees access to it at any time for any Customer who requests access.
ARTICLE 10: RIGHT OF WITHDRAWAL, CONDITIONS AND CONSEQUENCES
10.1. The Customer has a legal right of withdrawal which may be exercised under the conditions provided for in Articles L. 221-18 et seq. of the French Consumer Code, without having to justify any reasons, within thirty (30) days from the day following reception of the ordered item(s), and without having to pay other costs and expenses than those stipulated in these T&C of Sale. When this period expires on a public holiday or non-working day, Saturday or Sunday, it is extended until the first following working day.
After this withdrawal period, the Customer will no longer be able to exercise their right of withdrawal.
It is hereby specified that, in the context of an Item order placed by the Customer for a Third Party Beneficiary, the right of withdrawal remains the exclusive benefit of the Customer and may in no case be exercised by the said Third Party Beneficiary.
For special orders of Personalised Items made to Customer specifications or clearly personalised, not part of the collection in place at the time of the order and referred to in Article 3.2. of these GT&Cs, the Customer does not have the right of withdrawal in accordance with Article L. 221-28 of the French Consumer Code. However, the Customer shall continue to benefit from the legal guarantees provided for in Article 12 of these GT&Cs.
10.2. To exercise their right of withdrawal, the Customer must expressly notify the Seller of their intention to withdraw.
The Customer may:
- Send a clear and unambiguous statement of withdrawal clearly expressing their intention to withdraw by email or on plain paper by post to FLPM Customer Service, whose contact details are given in Article 15.1 herein; or, send the withdrawal form, shown in the Annex of these T&C of Sale.
- FLPM will then acknowledge receipt of this form as soon as possible by email sent to the Customer. It is recommended that the Customer keep any proof of notification to the Seller of their intention to withdraw.
- Register your return request in the "My last order" section of your customer space by clicking on "Return one or more items";
For any further information on the withdrawal period, the Customer may contact Customer Service.
10.3. As part of the exercise of the right of withdrawal, the Customer may return the purchased Item(s) by requesting a refund under the conditions described in Article 11 of the T&Cs.
ARTICLE 11: RETURNS AND REFUNDS
11.1. As part of the exercise of the right of withdrawal in accordance with Article 10 of the T&C of Sale, the customer has 30 days after receiving his order to request a return for any unsuitable Item(s) to FLPM Customer Service. It is the Customer's responsibility to return unsuitable items by making a request to Customer Services or from their Customer Account.
11.2. In all cases, the return of the delivered Items must be completed by the Customer: within a maximum additional period of fourteen (14) days from the date of sending its decision to withdraw to FLPM, and in their original packaging, in perfect condition allowing them to be resold by FLPM, unused and accompanied by all the accessories and documents provided (such as certificate of authenticity and dust bags for example) as well as a copy of the invoice attached to the delivered Items and available in the email sent to the Customer following their order and/or if applicable in their customer account; and. FLPM will provide a prepaid shipping label to the Customer, who will not have to bear any costs incurred by the return of the Seller's Item(s), including all return customs fees and taxes, where applicable.
The Customer is recommended to keep any proof of this return and of the shipment of the returned Item.
Any Item that is returned incomplete (in particular, in the case of missing accessories), damaged due to handling beyond the sole handling necessary for the Customer to verify the nature and characteristics of the Item, or soiled, will not give rise to any refund or exchange by the Seller.
Any returned Item with charges to be paid upon receipt of the package will also be systematically refused by FLPM.
Complimentary items received with the order must be returned with the purchased products, i.e gifts received as part of a promotion. If not, FLPM will deduct the retail value of said complimentary items from the refund.
11.3. If the above conditions are met, in the event of a refund request, the price of the Item(s) and the delivery costs, shall be refunded by crediting the Customer's bank account, at the latest within fourteen (14) days following receipt by FLPM of said Items. However, the taxes and duties are non-refundable.
ARTICLE 12: LEGAL GUARANTEES OF CONFORMITY AND HIDDEN DEFECTS
12.1. Notwithstanding any specific warranty conditions given to the Customer with the delivered Item, the Items sold by FLPM are subject to the conditions of conformity warranty provided for in Articles L.217-4 to L.217-14 of the French Consumer Code as well as the warranty against hidden defects provided for in Articles 1641 to 1648 of the French Civil Code.
The guarantor of the conformity of the Items sold to the Customer and their flaws and defects is the company Fauré le Page Maroquinier, whose contact details are given in the preliminary article of these T&Cs. Any claim related to any of these guarantees must therefore be addressed to its Customer Service in accordance with Article 15.1 of these T&Cs.
Any claim related to one and/or the other of these guarantees must therefore be addressed, together with photographs of the disputed Article concerned, to its Customer Service.
It is hereby specified that, in the context of an Item order placed by the Customer for a Third Party Beneficiary, the legal guarantees mentioned in the context of this Article 12 remain for the exclusive benefit of the Customer and may in no case be exercised by the said Third Party Beneficiary.
12.2. Upon receipt of the Items at the address indicated, the Customer must ensure that the Items delivered to them correspond to their order.
It is the Customer's responsibility to check the conformity and condition of the Items upon delivery. In the event of any visible deterioration of the parcel or the Item or of an opened parcel, the Customer must mention it in writing in a precise and detailed manner on the slip made available by the carrier, and inform the Seller's Customer Service as soon as possible, by email, post or telephone, in accordance with Article 15.1 of these T&Cs.
12.3. When acting as a guarantee of conformity of Items under Articles L. 217-4 to L. 217--14 of the French Consumer Code:
The Customer has a period of two (2) years from the delivery of the Item to the Customer or the Third Party Beneficiary to act;
In accordance with Article L. 217-7 of the French Consumer Code, the Customer is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the Item to the Customer;
In accordance with Article L. 217-9 of the French Consumer Code, the Customer may choose between having the Item repaired or replaced. However, the Seller may choose not to proceed according to the Customer's choice if this choice results in a cost that is clearly disproportionate to the other method, taking into account the value of the Item or the extent of the defect. In such cases, the Seller is required to proceed according to the method not chosen by the Customer, unless this is impossible.
In accordance with Article L.217-10 of the Consumer Code, if it is impossible to repair or replace the Item, the Customer may return the Item and have the price refunded or keep the Item and have a portion of the price refunded.
The same option is open to the Customer if, at the end of a period of one (1) month following the Customer's complaint, the repair or replacement of the Item has not been carried out or if it causes a major inconvenience, taking into account the nature of the Item and its intended use. However, the sale may not be cancelled if the defect is minor.
In accordance with Article L.217-11 of the French Consumer Code, the implementation of the conformity guarantee involving either the replacement or the refund of the Item will not entail any costs for the Customer.
The present legal guarantee of conformity does not deny Customers the right to exercise the action arising from hidden defects as set out in Articles 1641 et following of the Civil Code and Article 12.4 below, any other commercial guarantee that may have been granted by the Seller or any action of an extra-contractual nature that is recognised by the law.
12.4. The Customer may also act as a guarantor of hidden defects within the meaning of Article 1641 of the Civil Code, within two (2) years of the discovery of the defect.
The Customer may then choose between returning the Item to the Seller in exchange for a refund of the price paid or keeping the Item and obtaining a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
12.5. In the context of the implementation of these legal guarantees by the Customer, the return of the Item must be made as soon as possible to the Customer Service.
12.6. In the event of a refund request, the price (including VAT) charged for the returned Items as well as the delivery and return costs initially borne by the Customer, including any customs tax that is due for the return of the Item(s), shall be refunded by crediting the Customer's bank account, at the latest within fourteen (14) days following receipt by FLPM of said Items.
Thus, following the Customer's request for a return, the Seller sends by e-mail a return procedure and a prepaid shipping label.
The Customer is advised to keep any proof of this return and of the shipment of the returned Article.
The refund of the invoiced price (including VAT) of the returned Items will be made by crediting the Customer's bank account within fourteen (14) days following the receipt of the Items by FLPM.
12.7. In accordance with Article L.217-13 of the French Commercial Code, any Article repaired by FLPM under the present warranty of conformity shall benefit from a six (6) month extended warranty.
ARTICLE 13: SELLER'S LIABILITY
13.1. The Seller may only be held liable for damages resulting from the following facts:
- Any failure or improper performance of any of the obligations incumbent upon it directly under these GT&Cs, or incumbent upon any of its possible subcontractors, without prejudice to any recourse action against them in accordance with Article L. 217-14 of the French Consumer Code;
- Any violation of the above-mentioned legal warranty obligations of the Seller;
- Any intentional fault or gross negligence on the part of the Seller; and,
- Any violation of the Seller's legal obligations, including but not limited to legislation relating to defective products.
In any case, in accordance with Article 1231-4 of the French Civil Code, FLPM may under no circumstances be held liable for any indirect damage, special or consequential incidents, and in particular, without limitation, loss of business, loss of profit or opportunity resulting from the purchase of FLPM Items.
13.2. Although the Seller makes every effort to ensure the accuracy of the descriptions of the Items and all data available on the Website, including the Online Store, and updates them regularly, FLPM cannot be held responsible for non-substantial and minor errors that may occur.
Similarly, as indicated in Article 3.3. of these GT&Cs, any minor variations between the photographs and graphics of the Items, including any 3D models thereof, on the Seller's Website, including the Online Store, and their actual appearance shall not enable the Customer to incur FLPM's liability, which the Customer expressly acknowledges and accepts.
In any case, in the event of non-conformity of the delivered Item with its description and/or reproduction and/or graphics and/or 3D modelling, the Customer may exercise their right of withdrawal and/or guarantee of conformity and request the exchange or refund of the Item concerned under the conditions of Articles 10 and 11 or 12 of these GT&Cs.
13.3. As the resale of the items is strictly prohibited in accordance with Article 2.1. of these GT&Cs, the Seller shall not be liable for any direct or indirect loss or damage, such as loss of profits, loss of turnover, loss of opportunity, etc., that a Customer may suffer if they use the Items other than in a domestic manner.
13.4. More broadly, FLPM cannot be held responsible for:any interruptions or delays in remote means of communication (telephone, mail, Internet, carriers, etc.);the inability of the Customer or FLPM to communicate temporarily or permanently, due to events beyond its control, such as computer failure, interruptions of the telephone network, Internet network, failure of reception equipment, and any acts of third parties (including computer piracy), etc.
contractual breaches due to force majeure in accordance with Article 14 of these GT&Cs.
ARTICLE 14: FORCE MAJEURE
14.1. FLPM’s performance of all or part of its obligations may be interrupted or delayed in the event of a case of force majeure, within the meaning of Article 1218 of the French Civil Code and case law, including, without limitation, fire, acts of terrorism, labour conflicts, strikes, lock-outs (closures of establishments by the employer), acts of government, decisions or new regulations by regulatory authorities, natural disasters, floods, wars, threats of war, riots, earthquakes, transportation shortages, revolutions, or epidemics.
In addition, the spread of the Covid-19 virus, which, particularly in the case of French territory, would be classified by the authorities as stage 2 or 3 of the epidemic, together with any isolation measures or administrative restrictions likely to make it impossible for either of the Parties to perform its obligations under the contractual provisions, shall be considered a force majeure event.
The Seller shall notify the Customer within seven (7) days of its occurrence.
14.2. In the event that the suspension of the performance of FLPM's obligations continues beyond a period of fifteen (15) days, the Customer shall then have the right to cancel their current order and FLPM shall, if necessary, refund it within fourteen (14) days of notification of the cancellation of the sale, by crediting the Customer's bank account.
ARTICLE 15: CUSTOMER SERVICE AND MEDIATOR
15.1. In the event of a dispute, and for any claim relating to the Items and/or request for the application of legal guarantees, the Customer shall send a prior claim to the Seller's Customer Service
- available by phoning the following number, Monday to Friday, from 10am to 4pm, except on French public holidays and weekends: +33(0)6 47 32 03 39 (cost of a local call); or
- by posting it to the following address: Arthur, Fauré Le Page, 21, rue Cambon, 75001 Paris, France;or,
- by emailing it to the following address: arthur@faurelepage.com;
15.2. In the absence of a satisfactory solution to this dispute, and within one (1) year from the date of the Customer's written complaint to the Seller's Customer Service, the Customer may use a consumer mediator to find an amicable solution to the dispute, by contacting the Centre de Médiation et d'Arbitrage de Paris (CMAP), whose details are as follows:
- Address: 39, avenue Franklin Roosevelt – 75008 Paris, France
- Telephone number: +33 (0)1 44 95 11 40
- Email address: cmap@cmap.fr
- Website address: www.cmap.fr
- The online dispute resolution platform (RLL) is also accessible to any Customer residing in the European Union at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
ARTICLE 16: APPLICATION LAW – DISPUTES
16.1. These T&Cs, as well as all operations and transactions they cover and/or related to the sale of the Items by FLPM to the Customer, shall be governed by and interpreted in accordance with French law, with the exception of its rules of private international law, unless otherwise required by mandatory provisions.
16.2. In the event of a dispute, the courts of the Cour d’appel de Paris shall have territorial jurisdiction to hear any dispute, without prejudice to the Customer's right to bring the matter before the court of the place of their habitual residence, at the time the order is placed on the Online Store, if applicable, or the place where the prejudicial event occurred in accordance with the applicable conflict resolution procedures, including the French Civil Code and the French Consumer Code or Brussels Regulation 1bis.
ARTICLE 17: MISCELLANEOUS
17.1. If any provision of these GT&Cs is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these GT&Cs shall remain unchanged and shall remain applicable.
17.2. The fact that FLPM refrains from demanding, at any given time, the execution of any of the situations of these GT&Cs, cannot be interpreted as a waiver of the right to subsequently invoke said total or partial non-fulfilment.
17.3. The sales contract governed by these GT&Cs is concluded intuitu personae between the Seller and its Customer. However, the Seller reserves the right to assign all or part of the obligations imposed on it by these GT&Cs to a third party, while ensuring that the Customer's prior consent is obtained for this purpose, and provided that such assignment is not likely to result in a reduction in its rights.
17.4. In case of doubt, differences of interpretation or contradictions, the French version of these GT&Cs shall prevail over any English version that may be jointly presented on the FLPM Website.
Appendix to General Terms and Conditions:
Model Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of FAURE LE PAGE PARIS MAROQUINIER, 21 rue Cambon 75001 Paris France - arthur@faurelepage.com:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the item (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.