TERMS OF SERVICE
Version applicable since November 22, 2017
ITEM 1 : SUBJECT
- These general conditions of sale specify the rights and obligations of the Internet user (hereinafter the "Customer") with regard to the products sold in 136bad5cf58d_Website Electronic Catalog www.by-fanfan.com (hereinafter the "Site") as part of a distance selling system.
- The contract, established in the event of an effective order, falls under the regulations of distance selling, as it results in particular from the Code of the consumption, as well than the special provisions referred to below.
- The order implies irrevocable acceptance of the general conditions of sale. The Customer declares to have the capacity to conclude this contract, that is to say to be of legal majority and not to be under guardianship or curatorship.
- The unreserved acceptance of these general conditions of sale will consist in the fact, for the Customer, of checking the box "I accept the general conditions of vente ". Ticking this box will be deemed to have the same value as a handwritten signature from the Client.
Author of the offer
SECTION 2:
The author of the offer is:
BY-FANFAN – Atelier Art et Emaï (hereinafter the “Company”)
Head office: 9, Avenue Louis Barthou 64200 Biarritz
SIRET number: 41797510900014
Share capital: €16,000
VAT number: FR35 417975109
Customer service :
Email: contact@by-fanfan.com
Phone: +33 (0)6 07 44 80 33
Products
3: GIFT VOUCHERS
ARTICLE 3 :
- The products offered for sale are those appearing on the Site on the day the Customer consults the Site.
The Site does not sell second-hand, defective or inferior products to the standards offered on the market. Some of our pieces are unique copies; others can be made from natural stones.
- We draw the Customer's attention to the fact that the photographs illustrating our products may turn out to be slightly different from reality due to the Customer's screen settings and the lighting during the shots.
In addition, in the case of handcrafted creations, the articles may have irregularities in the finish, differences in format and/or colors inherent to this type of manufacture which cannot be considered as major defects. The responsibility of the Company cannot be called into question, the validity of the order cannot be affected.
- The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the Company. Customers can obtain additional information by contacting the Company's Customer Service by telephone.
ARTICLE 4 : PRICE
The prices displayed are indicated in euros or in American dollars (USD), depending on the country of delivery selected by the Customer.
Price in euros
- Prices in euros are displayed inclusive of all taxes, excluding shipping costs.
- In the event of delivery of products outside French territory, and when the currency associated with the country of delivery is the euro, customs taxes and formalities are on request. The customer must pay the forwarding agent upon importation of the product, the total amount of costs relating to customs duties and formalities, applicable import taxes.
4:CANCELLATIONS
Orders
ARTICLE 5 :
- The creation of a personal account is not mandatory to place an order on the Site. The Customer also has the option of ordering by completing the "instant order" form offered by the Site and following the instructions.
- After having checked the contents of his order, as well as the total cost thereof (products ordered, shipping costs, optional options), and corrected any errors, the Customer will confirm it definitively at the payment stage. . This confirmation will be worth conclusion of the contract.
- Once the contract has been concluded, the Company will send the Customer, by e-mail, a receipt for his order containing a summary of the information entered on the order form, as well as a link redirecting to a withdrawal form. The invoice for the order will also be provided as an attachment to the e-mail sent to the Customer.
- The language available to conclude the contract with the By-fanfan.com site is French.
ARTICLE 6 : MEANS OF PAYMENT
- For the payment of the price of the products and the shipping costs, the Customer will follow the methods indicated in the order form.
- The Customer has the possibility of paying for his purchases by PAYPAL.
- By PAYPAL payment, the Customer expressly acknowledges having read and accepted the general conditions of PAYPAL, which is solely responsible for the processing of personal data relating to the means of payment entered by the Customer.
- During payment, the bank requests personal information from the Internet user in order to verify the identity of the cardholder and to validate the transaction. The Customer must send his bank card number, depending on the type of the latter, the expiry date of the latter as well as the cryptogram number (3-digit number on the back of the bank card)._cc781905-5cde-3194 -bb3b-136bad5cf58d_
- The Customer guarantees to the Company, when validating his order form, that he is in good standing with regard to the issuer of the payment card.
- Financial information will be transferred by means of an encrypted protocol, to PAYPAL or to other banks providing services related to remote electronic payment, without third parties being able to access it in any way.
Deliveries - Right of Withdrawal
Intellectual property
Various
SECTION 7
7.1 Shipping times
7.1.1 Expedition Jewelery collection
- Belong to the Jewelry collection, all the products sold on the Site, with the exception of those belonging to the category “La Joaillerie”.
Availability and shipping time:
- The immediate availability of Aurélie Bidermann products is guaranteed if the mention "Add to basket" is indicated on the product's sales page at the time of purchase.
- Any order placed on the Site will generally be processed and shipped within 48 hours of receipt of payment (excluding weekends and public holidays) unless otherwise specified by us. An e-mail will be sent to confirm the processing of the order as well as the shipment.
7.1.2 Expedition of the Jewelery collection
- Belong to the Jewelery collection, all the jewels present in the category “La Joaillerie” of the Site.
Availability and shipping time:
- Jewelery from the "Jewellery" line is produced only in very limited quantities by our high jewelery workshops. Thus, it is possible that the part that the Customer wishes to acquire is not in stock although the mention “Add to basket” is displayed on the Site. If necessary, the Customer will be notified and the part will be produced on request specially by our workshops.
- The Customer's attention is therefore drawn to the fact that shipping times may vary from a few days - if the product is in stock - to 4 weeks depending on the period and the complexity of the parts requested. This period may be extended to 10 weeks for the following items: Pelota grigri bracelet.
- We strive to reduce this time as much as possible and invite the Customer to contact our customer service in order to know the real-time availability of Jewelery products.
7.1.2 Shipping Special Orders
- The so-called “special” orders include the personalization of a piece of jewelery (engraving in particular) and the tailor-made creation of a piece of jewellery. Any buyer wishing to make a special order is invited to contact our customer service in order to know the feasibility of his request, to receive a quote and to be informed of the shipping times.
- In accordance with the provisions of article L221-28 of the Consumer Code, the products corresponding to these special orders cannot be exchanged or refunded.
7.2 Delivery times
- The Site delivers throughout the European Union as well as to the rest of the world (please consult the list [C1] of the countries where we deliver our products). The ordered product is delivered to the address appearing on the Customer's order form, with the exception of the choice of the "Collection in store" option (order delivered to the By-Fanfan workshop in Biarritz). The delivery address may differ from the billing address.
- The delivery time depends on the delivery address as well as the means of delivery selected by the Customer. Any possible delay related to the customs clearance of the exported goods does not engage the responsibility of the Company.
- The delivery times specified below only run from the dispatch of the order.
La livraison en France s' carried out, at the initiative of the company, by one of the following transport options:
_cc781905-5cde-3194 -bb3b-136bad5cf58d_- La Poste (Colissimo with delivery against signature): Delivery within 1 to 3 working days
_cc781905-5cde-3194 -bb3b-136bad5cf58d_- Fedex: Delivery within 1 to 3 working days
_cc781905-5cde-3194 -bb3b-136bad5cf58d_- Collection in store (only at the Atelier By-Fanfan - 9, Avenue Louis Barthou - 64200 Biarritz): Delivery to the Atelier made the next day at the latest for any order placed before 4 p.m. (French time), business day
La livraison à l'international (hors France métropolitaine, Monaco et Andorre) must be carried out by the carrier Fedex.
- Delivery costs are free from an amount equal to or greater than 150 € for France (standard delivery) and 400 € for international.
- In the event of damage, the Customer formulates his reservations with precision and clarity on the delivery note, a copy of which is sent by La Poste or by the carrier to the Company. In this regard, it is the Customer's responsibility to check the content, conformity and condition of the product upon delivery. This verification is deemed to have been carried out when the Customer, or a person duly authorized by him, has signed the delivery note presented by the receiver of La Poste or by the carrier.
- Despite the care taken in the preparation of orders, it is possible that a product is missing in it, or that an error occurred during the preparation. If you notice such an error, please report it to us by email at contact@by-fanfan.com within a maximum of 24 hours following receipt of the order.
ARTICLE 8 : RIGHT OF WITHDRAWAL
- In accordance with the provisions of Articles L221-18 and following of the Consumer Code, the Customer has a period of fourteen (14) days to withdraw from his purchase, without having to justify his any reason.
The fourteen (14) day period runs:
- à compter du jour where the customer or a third party, who is not the carrier, designated by the Customer has received the ordered item,
- ou, dans le case of an order relating to several items delivered separately, from the day on which the Customer, or a third party who is not the carrier, designated by the Customer, has received the last item.
- The Customer must notify the Company and issue a withdrawal request by sending the withdrawal form (available below and accessible by hypertext link in the order confirmation email):
- Courrier électronique à l 'address contact@by-fanfan.com ; or by
- Courrier postal envoyé à By-Fanfan – Atelier Art et Emï – E-Shop – 9, Avenue Louis Barthou - 64200 Biarritz (postmark as proof)
WITHDRAWAL FORM
(Please copy/paste and complete, return this form only if you wish to withdraw from the contract).
- I/We [X] hereby notify you/notify [X] of my/our [X] withdrawal from the contract for the sale of the goods [X]/for the provision of the service [X] below
- Article ___ [reference]_____________
- Ordered on [X]/received on [X]: ______________
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification of this form on paper)
- Date
[X] Delete as appropriate.
- The Customer must return the product within fourteen (14) days following notification of its withdrawal to the following address, the return costs being borne by the Customer:
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ By-Fanfan – Atelier Art et Emaï
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ 9, Avenue Louis Barthou
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ 64200 Biarritz
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ France
After receipt and verification of the products returned by the Customer, the Company will refund the payments received within fourteen (14) working days and, in the event of the return of a global order (all the products ordered in a single order), the shipping cost. The delivery costs reimbursed will be on the basis of the standard delivery method (the most economical). If the Customer has chosen a delivery method other than the standard delivery method, the additional costs invoiced will not be reimbursed.
- However, we will only accept the exchange and refund of jewelry if all of the following conditions are met:
_cc781905-5cde must not have been neither modified, nor washed, nor deteriorated
The product must not have been made see Special orders 7.1.2)
The product must be returned in its original packaging purchase invoice
- In the event that the return of the product by the Customer is due to an error by the Company such as a product missing from the order or a non-compliant product received (subject to article 3 hereof) or a manufacturing defect of the product, the Company undertakes to reimburse, in addition to the purchase price of the product, the shipping costs incurred by the Customer for the delivery of the product.
The Customer must report the error by email to the address contact@by-fanfan.com within a maximum of 48 hours following receipt of the order.
- No refund can be made for the benefit of the Customer who has not exercised his right of withdrawal under the conditions of this article.
- Upon receipt of the returned product, the refund will be made according to the buyer's wishes in the form of a credit note valid for 6 months on the Site or a refund credited directly to their Paypal account depending on the method of payment used when ordering.
ARTICLE 9: GUARANTEES
All Products benefit from the legal regime of the guarantee of conformity provided for in articles L217-4 and following of the Consumer Code.
Under this warranty, when the legal conditions are met, the Customer has a period of two (2) years from receipt of the product to request the repair of it or its replacement subject to the cost conditions. provided for by article L217-9 of the Consumer Code. The Customer is exempted from providing proof of the existence of the lack of conformity during the six (6) months following the delivery of the goods.
The products also benefit from the legal regime of the guarantee against hidden defects within the meaning of article 1641 and following of the Civil Code.
Under this guarantee, the Customer can choose between the resolution of the sale or a reduction in the price of the product.
ARTICLE 10: CUSTOMER SERVICE
- For any request for information or for any complaint, the Customer will contact customer service at the following address: contact@by-fanfan.com
- Customer service can also be reached by telephone from Monday to Friday (10 a.m. to 4 p.m., French time) at +33 (0)6 07 44 80 33.
In the event of a complaint, the Customer may first contact customer service.
As a second resort, if he has not obtained a satisfactory response from customer service, the Customer may contact the Medicys Mediation Center. The mediator can be contacted on the internet at the following address: www.medicys.fr.
The Mediator can also be contacted by post at the following postal address: Médicys – 73, boulevard de Clichy 75009 Paris.
The Customer must provide proof of having contacted customer service for the first time. The Médicys mediator will then process the Customer's request if it is admissible.
ARTICLE 11: INTELLECTUAL PROPERTY
The Site is the property of the Company. It is protected by copyright laws and international treaties, as well as other intellectual property laws and international treaties.
All the models are made by the Artist Fanfan Privat and are covered by:
Art.L111-1 of the CPI: The author of a work of the mind enjoys on this work, by the mere fact of its creation, an exclusive intangible property right and enforceable against all ".
Any unauthorized use is a civil fault and a criminal offence.
"Any representation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful (…..)". Art. L122-4 of the CPI.
The term of copyright is 70 years after the death of the author.
Only SARL Atelier Art et Emaï can sell these reproductions in series.
All rights relating to the Site and to the overall concept of the Company's activity, to their original and innovative character, in particular the intellectual property rights to texts, literary and artistic creations, graphics (including photographs ) and audiovisual, computer developments, HTML developments and other works of the mind and, more generally, all creations likely to be protected by intellectual property law such as images, logos, formatting, graphic charter, structure, ergonomics, color codes, typography, fonts, basic graphic elements, graphic organization of screens, layout, page backgrounds, visual identity of the Site, belong to the Company or are regularly operated by the latter, without any limitation.
The Client undertakes not to directly or indirectly infringe the Company, the Site, or the rights of the Company.
ARTICLE 12: PERSONAL INFORMATION AND COOKIES
- The delivery of the order requires the provision of a certain amount of personal information concerning the Customer, namely in particular his name, first name, postal address, date of birth, telephone number, email address. The data collected is necessary for the respect of its obligations by the Company, in particular for the validation of the order, as well as for the execution of the delivery. The Customer who does not wish to provide this information will not be able to order on the Site.
- These data are kept for this sole purpose and the Company undertakes not to use them in any other context, nor to transmit them to third parties, without the express agreement of the Customer or outside the cases provided for by law. The data controller, except with regard to data relating to payment, is the Company, whose contact details are indicated in article 2. Customer contact details are kept for a period of 3 years from the end of the business relationship. These data are kept under secure conditions, according to current technical means, in compliance with the provisions of Law No. 78-17 of January 6, 1978. The Company's CNIL declaration number is 1995781.
- The transmission of information on the Site takes place in a secure context using the protocols in force on the Internet.
- Payment card numbers are not kept on the Site but on the secure site of our banking establishment.
- In accordance with the data-processing law and freedoms of January 6, 1978, you have a right of access, rectification, and opposition to the personal data concerning you. To do this, simply send us a request online or by mail, indicating your surnames, first names, address and, if possible, your customer reference at the following address: By-Fanfan – AMS Designtelier Art et Emaï - 9, Avenue Louis Barthou - 64200 Biarritz
Use of cookies: Under its own responsibility or that of a third party hired to provide tracking services, the Site may use cookies when an Internet user browses the Site. Cookies are files sent to the browser via a web server in order to record the activities of the user during all the time he browses.
The use of cookies allows the server where the Site is located to recognize the web browser used by the user in order to facilitate navigation as much as possible, allowing, for example, access to users who are already registered to access the areas , services, promotions or contests reserved exclusively for them without having to register for each visit. Cookies are also used to measure audience and traffic parameters as well as to monitor progress and number of entries.
- Guarantees on the use of cookies: The cookies used by the Site are only associated with anonymous users and their computer and do not provide references allowing the deduction of users' personal data.
- Some cookies are used by third parties (eg Google) to provide the Company with data on the effectiveness of its promotions. Cookies do not, under any circumstances, obtain personal information that could identify a particular user.
The cookies used on the Site are, however, of a temporary nature, having the sole purpose of making subsequent transmission more efficient. No cookie used on the Site will have a period of validity of more than two years.
- The Customer has the possibility of configuring their browser to be warned of the reception of cookies and to refuse the installation in their device.
By eliminating cookies from the Site or by disabling them, the user runs the risk of not being able to access certain features of the Site.
- To use the Site, it is not necessary for users to allow the installation of cookies, but they will have to restart the session as such in each of the services whose provision requires prior registration or session start.
- What types of cookies does the Site use? The Site uses four types of cookies:
- Technical cookies: They allow the Internet user to browse the Site and use features such as the shopping cart or the Wishlist.
- Analysis cookies: The Site uses cookies from Google Analytics to quantify the number of users who visit the Site. These cookies make it possible to measure and analyze the way in which Internet users browse the Site. This information allows the Company to continually improve its services and facilitate the purchasing process for users of the Site. To learn more about this, you can consult the Google Analytics privacy page:https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
- Personalization cookies: When the Internet user browses or buys on the Site, the Site will remember their preferences (for example, their tastes or preferred language). Thanks to these cookies, it is possible to offer a simpler, faster and more personalized browsing experience for users.
- Advertising cookies: These cookies are used to display important announcements to users. In addition, they limit the number of times each user views an ad and help the Company measure the effectiveness of its advertising campaigns. By browsing the Site, the user accepts that the Company downloads this type of cookies in his device and makes consultations when the user visits the Site in the future.
- The Site may contain links to other websites with privacy policies different from those of the Company. In this sense, the Company assumes no responsibility for the content or practices of linked sites. The Company recommends that users of the Site review the privacy policy of all websites to which they may access through the Site.
The Site's servers may automatically detect the IP address and domain name used by users.
- An IP address is a number automatically assigned to a computer when it connects to the Internet. This information allows the subsequent processing of the data in order to obtain only statistical measurements allowing to know the number of visits made to the Site, the order of the visits, the access point, etc.
ARTICLE 13: APPLICABLE LAW
- These general conditions of sale are governed by French law, with the exception of any other applicable international convention, including the Vienna Convention on the International Sale of Goods of April 11, 1980.
ARTICLE 14: MODIFICATIONS AND UPDATES
- The general conditions of sale are modified regularly, in particular in consideration of possible normative changes. The new general conditions of sale will apply on the date of their publication on the Site.
ARTICLE 15: MISCELLANEOUS
If any of the clauses hereof prove to be invalid or unenforceable by virtue of a law or regulation or following an enforceable decision of a competent court, the Parties expressly agree that this contract shall not will not be affected by the invalidity of the clause in question.
The fact for one of the parties not to require at any time the strict performance by the other party of any provision or condition of these General Conditions shall not be deemed to constitute a definitive waiver of this provision or condition.