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GENERAL TERMS AND CONDITIONS OF SALE
I- APPLICATION OF THE GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (the "Terms") apply to all orders placed on the flairbodysuits.com site (the "Site") by any user (the "Customer"). Their purpose is to inform the Customer of the procedures for placing an online order, delivery of the products ordered and the conditions for returning and refunding the products ordered.
These Conditions are applicable without restriction or reservation to all products offered for sale on the Site. Any order of one or more products on the site implies the consultation and acceptance without reservation on the part of the Customer of these Conditions and the applicable prices. The present Conditions prevail over any other document.
Flair is French SAS reserves the right to modify these Terms at any time. Such changes will be effective when they are posted on the Site. Your continued use of the Site following such changes will constitute your acceptance of the new Terms and Conditions. It is therefore important that you check the Terms regularly for the latest updates. If you do not agree to these changes, please discontinue use of the Site immediately.
The terms and conditions applicable to any order are those in force at the time of the order.
Any purchaser on the Site is deemed to have read and accepted these Conditions in their entirety before validating their order.
II- SITE AND ACCESSIBILITY OF THE SITE
www.flairbodysuits.com is an e-commerce website which belongs to the company Flair is French, a simplified joint stock company with a capital of 10 000 euros, whose head office is located at 16 Cours Albert 1er, 75008 Paris (France) registered at the RCS Paris under the number 833 041 064 (the "Company").
The Site is published by the Company and hosted by Shopify.
The person in charge of publication is Mrs Clémence Wurtz.
The site is hosted by SHOPIFY INC, a Canadian company registered on the TSX and NYSE No. 426160-7, 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4 Canada.
III- PRODUCTS AVAILABILITY
You may purchase our products while stocks last, and offers remain valid as long as they are visible on the Site. We reserve the right, at any time, to withdraw any product for sale on the Site.
In the case of unavailability of a product after validation of your order, we will inform you by email quickly. We will then offer you a new delivery date or an equivalent product or a refund for this item.
The products sold by the Site are identified by one or more photos, a descriptive text in French and a price including VAT in euros.
The photographs taken for the Site are intended to be as faithful as possible to the products sold. However, we cannot guarantee a perfect similarity between the photos and the articles because the colours rendered may vary from one computer to another. Thus, the photographs are presented as an indication and are not contractual.
The textile prints are not mass-produced but handmade, so the colour density and placement of the patterns may vary from item to item.
The products remain the property of the Site until full payment of the price.
The prices of the products are indicated in euros, including all taxes, and take into account the value added tax (VAT) in force on the day the order is validated.
The Company reserves the right to change the prices of the products sold on the Site at any time and without notice.
The price of the products sold on the Site applicable to the Customer's order is the one appearing on the Site at the time of validation and payment of the order by the Customer.
The price of products sold on the Site does not include:
In case of an order to another country than France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. The Company is not liable for these duties and amounts, they will therefore be at your expense and will be your responsibility both in terms of declarations and payment to the authorities and competent bodies in your country. You are advised to check with your local authorities on these matters.
In order to place an order for products on the Site, the Customer is informed that he/she must:
The Client guarantees the Company that it meets all of these conditions and that the bank account associated with the means of payment used on the Site to pay for the order is sufficiently funded to meet its purchase obligation.2- Order process
The Customer may select as many Products as he/she wishes to add to the basket (the "Basket"). The Basket shall contain a summary of the Products selected by the Customer, together with the prices and charges relating thereto. The Customer may freely modify the Basket before validating the Order. Validation is proof of the Customer's validation of the order in full and of the sums due in execution of said order, as well as of the full and unreserved acceptance of all of these Terms and Conditions and of the quote relating to the order.
A confirmation email including the invoice will be sent to the Customer. To this end, the Customer formally accepts the use of electronic mail for confirmation of the content of his Order and to receive the invoice by electronic means.
All the data provided by the customer throughout the placing of the order and the confirmation by the Company of the recording of the order shall be considered proof of the transaction.
The order is only final once the Customer has paid the full price of the order.
All orders placed on the Site must be paid for at the time of ordering. The execution of the order only takes place after full payment by the Customer of the amount of his order.
Payments are made online using a secure online payment system. Orders can be paid by credit card. The Company works with the Stripe bank payment solution which uses the most recent and reliable security systems including PCI DSS certification, and Paypal. Stripe and Paypal encrypt this data using the SSL protocol in order to guarantee the security of this data.
The execution of the order will be carried out after agreement of the banking payment centre. In case of agreement of the latter, the account will be immediately debited and the order validated. In case of refusal, the order will be cancelled.
You can also pay for your order with Apple Pay.
The receipt of the confirmation email from the Company confirms that your order has been processed. The email confirmation of the electronic payment acts as an invoice.
The date of validation of the order corresponds to the date of payment by credit card online.
Deliveries are made in Metropolitan France and abroad. Items in stock will be dispatched within a maximum of ten (10) working days after your order has been registered. For pre-sale items, the shipping date is indicated on the product sheet. In the event of delay, the Company undertakes to inform the customer as soon as possible.
The products are delivered at the Customer's expense, to the Customer's home or to the address indicated by the Customer during the ordering process. It is the Customer's responsibility to check the accuracy of the information given in the order. If the address is incomplete or inaccurate and the parcel is returned to the sender, the Company reserves the right to invoice the Client for additional shipping costs.
The average delivery times from the time the order is shipped are as follows:
However, delivery may be delayed for reasons beyond our control. In this case, we undertake to keep the Customer informed of the situation.
> France: 5.95 euros
> Rest of the world: 30 euros
The Client is hereby informed that the products are delivered by Colissimo and therefore authorises the Company to transmit his/her personal data to Colissimo in order to enable the latter to deliver the Order to the delivery address provided by the Client when the order was placed.
The Customer receives an e-mail from Colissimo with the tracking number assigned to the parcel, allowing the Customer to follow the delivery process of his order.
The Customer is informed that it is up to him to provide exactly all the details necessary for the proper delivery of his order and for the perfect delivery of the ordered products (access code, access specification such as building, floor for example).
If the Customer is not present at the time of delivery, a notice will be left in the mailbox.
We accept no responsibility for loss, theft, damage or delay in delivery due to errors or disruptions caused by the carriers.
IX- RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L121-21 of the Consumer Code "the consumer has a period of 14 days to exercise his right of withdrawal from a contract concluded at a distance" and this without having to justify his reasons or pay any penalties, with the exception of shipping costs.
A. Time limit and formality
This period starts to run from the day of delivery to the Customer of the product(s) covered by the order. order. In the case of an order for several products delivered separately, the period shall run from the date of receipt of the last product.
The Customer shall exercise his right of withdrawal before the end of the fourteen-day period, without having to justify his decision by any unambiguous statement expressing his wish to withdraw in accordance with the coupon which details the procedure to be followed for the return of products delivered with each order.
For return requests, please follow these stepsHere is the procedure to follow:
TCP LOGISTICS // FLAIR
40 AVENUE GABRIEL DEHEURLES
10430 ROSIERES PRES TROYES
When returning an order, please send it back in its original packaging with the delivery note and the returned product.
Subject to the perfect condition of the returned product, the refund will be ensured by the Seller, according to the means of payment method of its choice, within a maximum of fourteen days from the date of receipt of the returned product or from the date of receipt of the proof of shipment.
The Company will proceed with the reimbursement using the same means of payment as the one used by the Client to pay for the order.
In accordance with the provisions of article 121-21-28 of the French Consumer Code, the right of withdrawal does not apply to the supply of goods made to the consumer's specifications or clearly personalised, such as clothing made to order.
Without prejudice to the guarantee of conformity or hidden defects, litems on sale or discounted may be subject to a credit note.
All products returned by the Customer must not have been used, damaged, soiled or washed by the Customer. They must be returned in their original packaging.
The shipping costs in the event of return are borne by Flair in France and by the customer abroad.
The Company cannot be held responsible for any loss or damage during transport, so the Client is advised to use a tracked shipment service. In the event of loss or damage in transit, the Client should contact the carrier directly.
If the items are not received at the above address, the Company cannot process the return.
B.2- Refusal to return
Flair only accepts returns of unworn and undamaged products, both of which are checked before the returned products are put back into stock. Flair therefore reserves the right to refuse the return of a bodysuit in the following cases:
In this case, the product will be returned to the buyer at the seller's expense and no refund will be made.
To return from a country outside the European UnionPlease send it to the following address and under the DDP (Delivery Duty Paid) incoterm:
TCP LOGISTICS // FLAIR
40 AVENUE GABRIEL DEHEURLES
10430 ROSIERES PRES TROYES
Please note that any goods not cleared through customs will be refused by our warehouse.
All products sold on the Site benefit from the following legal guarantees:
A- Legal guarantee of conformity
In accordance with to article L211-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
In accordance with Article L211-5 of the Consumer Code
"To be in conformity with the contract, the goods must :
In accordance with Article L211-12 of the French Consumer Code, "the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
B- Guarantees for hidden defects
In accordance with article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.
In accordance with article 1648 of the Civil Code, paragraph 1:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
XI- PERSONAL DATA AND COOKIES
In accordance with the provisions of law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, the site is the subject of a CNIL (Commission Nationale de l'Informatique et des Libertés) declaration, number 2114152. The user has the right to access, modify, rectify and delete data concerning him. To exercise this right, the Client must send an email to firstname.lastname@example.org indicating in the subject line of the email "Modification of personal data".
All personal information we collect is strictly necessary for order processing, delivery and billing. Your account information is therefore only used in the context of your business relationship with the Site.
Any missing information will result in the automatic refusal of the order.
The personal information collected on the Site is processed by the Company for the purposes of customer relationship management and prospecting. This information is only transmitted to companies that contribute to the management, execution and processing of orders.
Furthermore, the Company does not pass on any personal information to third parties for marketing purposes, but may disclose it to legally authorised bodies and authorities, to the extent that disclosure is required or authorised by law, or where it deems it necessary or appropriate to comply with applicable laws and other legislation, or to protect or defend its rights or those of its employees, customers or any other person.
Finally, your banking information is never in our possession. Transactions are processed entirely by Paypal or Stripe.
If the Customer has previously accepted, he may receive marketing emails (Newsletters) from which he may unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received.
All personal information is stored at the Site's host, whose contact details are given on the Site under the heading "Legal Notice".
Under no circumstances will the Company request confirmation of account or credit card details by email. If the Client receives an email purporting to be from the Company requesting such information, the Client should not respond.
We endeavour to maintain appropriate security measures to protect your personal data. However, despite all the measures we put in place to protect against unauthorised access, use or disclosure of such information, we cannot guarantee that any data transmission over the Internet can be completely protected against access by unauthorised third parties. We shall not be liable for any breach of security unless such breach was caused by our negligence.
Upon arrival on the Site, the Customer is informed of the presence of these cookies. Continued browsing on the Site implies acceptance. However, the user has the possibility of opposing the use of these cookies by configuring his browser. However, access to certain services may require prior acceptance of cookies by the user.
XII- INTELLECTUAL PROPERTY
All intellectual property rights of the Site and its contents belong exclusively to the Company. Any reproduction, use or modification, in whole or in part, of any element of the Site, in any form whatsoever, may not be made without the express authorisation of the Company, which reserves the right to take legal action in respect of intellectual property.
The Client is granted a limited licence, including the consultation and use of the Site for personal purposes, and excluding the downloading or modification of its contents, in whole or in part, without the express written consent of the Company. This licence excludes any use of the Site for commercial purposes or resale, any retrieval and use of product descriptions or prices, any derivative use of the Site or its contents, or any use of data mining, robots or data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, or otherwise exploit all or part of the Site for commercial purposes without express written permission. You may not use techniques to incorporate any trademarks, logos, proprietary information (including images, text, page layout or forms) belonging to the Company without express written permission. You may not use meta tags or any other "hidden text" using the Company's name or trademark without express written permission.
The Company shall not be held liable for any direct or indirect damage that may result from access to the Site or use of the Site and/or its information, including inaccessibility, loss of data, deterioration, destruction or viruses that may affect the Client's computer equipment and/or the presence of viruses on the Site.
We endeavour to provide reliable content on the Site, however, despite our best efforts, we cannot guarantee that the Site is free from inaccuracies or omissions and we shall not be liable for any errors or omissions or for the unavailability of information and services.
XIV- APPLICABLE JURISDICTION
The sale of products sold on the Site is subject to French law.
The terms and conditions of sale, as well as the contractual relationship between the Client and the Company are governed by French law. The parties accept the jurisdiction of the courts of Troyes for any action brought as a result of or in connection with these Terms.
If you have any questions about ordering products online, please write to us at at the following email address: email@example.com or by post at the following address
16 cours Albert 1er
We will do our best to respond to you as soon as possible.
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