GENERAL SALE CONDITIONS
ARTICLE 1 – CHAMP D’APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation to all sales concluded by FRILIVIN ("the Seller") with non-professional buyers ("The Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("The Products") on the website: https://frilivin.fr
These include the terms and conditions for ordering, payment, delivery and management of any returns of Products ordered by the Customers.
The Products offered for sale on the website https://frilivin.fr are:
PRET-A-PORTER MASCULIN INCLUDING:
- VESTS / MANTEAUX;
- HAUTS (TSHIRT/PULLS);
- BAS (PANTALONS/JEANS/SHORT/SHORT);
The main features of the Products, including specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://frilivin.fr The Customer is required to be aware of this before any order is made.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website https://frilivin.fr are not contractual and cannot be held liable by the Seller.
The Customer is required to refer to the description of each Product in order to know its essential properties and characteristics.
Products offers can be reached within the limits of the available stocks, as specified when placing the order.
Legal MENTIONS: the contact details of the Seller are:
Trade name : FRILIVIN Inpi storage
Social Reason: SAS MENFY
RCS registration: 900 048 323
Legal form: Simplified Share Corporation
Address of the head office :21 place de la République 75003 Paris
E-mail : [email protected] (prioritaire)
Customer service : 0033 (0) 7 69 18 78 78
Whatapps : 0033 (0) 7 69 18 78 78
Opening hours: Monday to Friday from 10:30 am to 6:30 pm.
Host coordinates :OVH (SAS with capital of €10,000)
Headquarters : 2 rue Kellermann - 59100 Roubaix - France.
These Terms and Conditions apply to the exclusion of any other conditions, including those applicable to in-store sales or other distribution and marketing circuits.
These General Terms of Sale are available at any time on the website https://frilivin.fr and will prevail, if any, on any other version or other contradictory document.
The Customer declares that he has taken note of these General Terms and Conditions of Sale and has accepted them by checking the box provided for this purpose prior to the implementation of the online order procedure and the general terms and conditions of use of the website https://frilivin.fr.
These General Terms and Conditions of Sale may be subject to further amendments, the version applicable to the purchase of the Customer is the one in effect on the website on the date of the purchase of the order.
Unless otherwise proven, the data recorded in the Vendor's computer system is evidence of all transactions with the Customer.
In accordance with the law Informatique et Libertés of 6 January 1978, the Customer has at any time a right of access, rectification, and opposition to all of his personal data by writing, by mail and justifying his identity, at 2 rue Kellermann - 59100 Roubaix - France.
The products presented on the website https://frilivin.fr are available for sale on the following territories: Metropolitan France including Corsica, the continental islands, the departments of Outre-Mer (Mayotte included), the Collectivités d’Outre-mer à statut particulier and the Member States of the European Union.
In case of order to a country other than metropolitan France, the Customer is the importer of the product(s) concerned.
For all products shipped outside the European Union and DOM-TOM, the price will be calculated automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be in charge and are the sole responsibility of the Customer.
ARTICLE 2 – Orders
(a) Order passing
It is up to the Customer to select on the website https://frilivin.fr the Products he wishes to order, according to the following terms:
- Select the said product.
- Add it to the basket.
- Validate the basket.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered final after sending to the buyer confirmation of the acceptance of the order by the Seller by email and after receipt by the Seller of the entire price .
It is up to the Customer to verify the accuracy of the order and immediately report any errors.
Any order placed on the website https://frilivin.fr is the formation of a contract concluded remotely between the Customer and the Seller. The Customer can follow the evolution of his order on the website https://frilivin.fr.
Any order validation is acceptable to the general terms and conditions of sale.
The Seller is not intended to sell the Products on the website https://frilivin.fr to professionals, but only to consumers, for their personal needs.
If you wish to limit your product sales: The Seller therefore reserves the right to refuse orders from the same Product in large quantities and with more than "5 identical items".
(b) Product availability
All orders for products are subject to availability. In this sense, in the event of procurement difficulties or if the products are no longer in stock, we will reserve the right to inform you about the possibility of ordering replacement products of an identical or superior quality or value. If you do not wish to order these replacement products, we will refund you any amount that may be paid.
(c) Refusal to process an order
https://frilivin.fr reserves the right to contact the Customer and to request supporting documents (identity, etc.) in case of suspicion of fraud. Without reply from the Customer: the order will be cancelled and the funds received for the so-called order refunded.
ARTICLE 3 – Tariffs
The Products are provided at the current rates on the website https://frilivin.fr, when the order is registered by the Seller. Prices are expressed in Euros, HT and VAT.
A Customer located in a country outside the European Union will not have to pay the VAT. On the other hand, customs fees are applicable to the recipient country. Customs charges are borne by the Customer.
The rates take into account possible discounts that would be granted by the Seller on the website https://frilivin.fr.
These rates are firm and not revisable during their validity period, as indicated on the website https://frilivin.fr, the Seller reserves the right, apart from this period of validity, to modify prices at any time. They do not include processing, shipping, transportation and delivery charges, which are charged as an additional charge, under the conditions indicated on the website https://frilivin.fr and calculated prior to placing the order.
The payment requested to the Customer is the total amount of the purchase, including these fees.
ARTICLE 4 – Payment terms:
The price is payable in cash or in several times:
The entire day of the purchase of the order by the Customer, by secure payment, as follows:
- by bank card via Payplug solution
- by Paypal payment method
The Customer expressly acknowledges that the communication of its bank card number is valid for the debit of its account, up to the ordered items.
No bank data is recorded on our site, its information is processed by payment systems.
We do not keep the customer's credit card data on our website.
The payment in several times is made via our payment partner Payplug and Oney. The customer hereby accepts the legal mentions of anony accessible here:https://www.payplug.com/hubfs/payplug-oney/cgv.pdf
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of the current orders made by the Customer.
No additional costs, higher than the costs incurred by the Seller for the use of a means of payment will be charged to the Customer.
ARTICLE 5 – Delivery
The Products ordered by the Customer will be delivered to metropolitan France and in the European Union, for other international zones, and especially for the DOM TOM, we invite you not to place an order and to contact us at [email protected]
Delivery will be made by the Post Office (So Colissimo) or by Global Relay at the address indicated by the Customer during his order on the website https://frilivin.fr.
The Socolissimo Postal Service offers its Customers the opportunity to receive items ordered easily and directly at their home between 2 and 5 working days (10 maximum) via the Postal Service.
The tariff grid for shipments:
Apart from these cases, the fees applied are those determined by the Colissimo tariff grid .
Customs charges may be submitted to the Customer when the order of items leaving the European Union. These costs are borne by the Customer. In the event of non-payment, and a return of goods by the carrier, fees may be charged to the Customer upon refund.
Delivery times may vary in the event of force majeure (intemperes, strikes, etc.).
The products ordered are delivered to the postal address indicated by the Customer on the order form.
The products are delivered from Monday to Friday, at office hours, with the exception of national holidays. The items are shipped in closed bags/colis. An email is sent to the Customer as soon as his order is delivered to the Postal Service. Delivery is considered to be made when the parcel is made available to the Customer at the address indicated on the order form.
The delivery is made by the transfer to the Customer of the physical possession or control of the Product.
Except in particular cases or unavailability of one or more Products, the Products ordered will be delivered in one time.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the specified deadlines.
However, these deadlines are provided for information purposes. However, if the Products ordered have not been delivered within 15 days of the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions set out in articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the Customer shall be returned to the Customer no later than fourteen days after the date of termination of the contract, excluding any compensation or deduction.
Deliveries are provided by an independent carrier, to the address mentioned by the Customer during the order and to which the carrier can easily access.
In the event of a non-claim of the package within the specified time (deposit to a merchant, post office ....) or in the case of an error on the delivery address indicated by the Customer: https://frilivin.fr reserves the right to charge to the Customer the shipping of the package. (tariffs of the position in force.).
Also, in the case of a parcel returned following a non-claim, the customer has a 7-day delay to inform us of his decision:
Option 1: Referral of the order to its costs.
Option 2: The full refund of the order without the shipping costs.
When the Customer has himself appointed to appeal to a carrier that he chooses himself, the delivery is deemed to be made upon delivery of the Products ordered by the Seller to the Carrier as soon as he has delivered the Products sold to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and does not have any warranty appeal against the Seller in the event of a failure to deliver the goods carried.
In the event of a particular request from the Customer regarding the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to a specific supplementary billing, on a pre-approval quote accepted in writing by the Customer.
The Customer is required to verify the condition of the products delivered. It has a period of 7 days from the date of delivery to formulate by courier recommend with acknowledgement receipt all reservations or claims for non-conformity or apparent defects of the Products delivered (e.g. damaged packages already opened ...), with all supporting documentation (photos in particular.) After this period and failing to comply with these formalities, the Products will be deemed to be in compliance and free from any apparent defects and no claims may be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its expense, the Products delivered whose compliance defects or apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in articles L 211-4 et seq. of the Consumer Code and those provided for in these General Terms of Sale (see guarantees, in particular.).
ARTICLE 6 - TRANSFER OF PROPRIATE - TRANSFER OF RISKS
The transfer of ownership of the Seller's products, for the benefit of the Customer, will only be realized after full payment of the price by the Seller, regardless of the date of delivery of the said products.
Regardless of the date of the transfer of ownership of the products, the transfer of the risk of loss and damage to the product will only be realized when the Customer physically takes possession of the products. The products therefore travel to the Seller's risks and risks (Article L.138-4 of the Consumer Code). ).
ARTICLE 7 – RUSSIAN POLICY
(a) Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise its right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to the Seller of the Customer's withdrawal decision.
Returns are to be made in their original and complete condition (package, accessories, notice.) allowing their remarketing in the new state, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not recovered. The right of withdrawal may be exercised online, using the withdrawal form available on the website https://frilivin.fr, in which case an acknowledgement of receipt on a sustainable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to withdraw.
In the event of the exercise of the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs are refunded; the return costs remaining to the Customer. The refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
For obvious reasons of hygiene: the accessories are not taken back or exchanged.
The stocking items at -50% included in the OUTLET category are neither taken back nor exchanged.
To assert your right of withdrawal, please inform https://frilivin.fr of your decision by unequivocal written statement
The withdrawal period is met if you send your mail informing us of your decision to exercise your right of withdrawal before the expiry of this withdrawal period.
(b) Request for return
For obvious reasons of hygiene: the accessories are not taken back or exchanged.
The stocking items at -50% included in the OUTLET category are neither taken back nor exchanged.
Registration of the return request is mandatory. It is carried out on the Customer Account via the following procedure:
History and details of my orders
History of the commands that are displayed: you click on the details tab of the order concerned by the return.
To finish at the bottom of the page will find the merchandise return part to be filled.
Once validated by us, it will be up to the Customer to return the package to us using a prepaid return label and its return slip to print and insert into the package with the goods.
A prepaid return label will be made available to simplify returns. A package will be deducted from your refund (see cost below)
Send your parcel without paying. A package is deducted when refunding the order.
-5,99€ Metropolitan France
-15€ European Union
-18€ Europe (except European Union)
WARNING: The deadline for a return request is 14 days from the receipt of the package. The customer has 30 days to return the package to us. If applicable, the return will be refused and returned to the sender.
ARTICLE 8 - RESPONSIBILITY OF THE SENDER
Products sold on the website https://frilivin.fr are in compliance with the regulations in force in France and have performance compatible with non-professional uses. The Products provided by the Seller shall be entitled to full right and without further payment, regardless of the right of withdrawal, in accordance with the legal provisions,
- legal compliance guarantee, for products apparently defective, damaged or damaged or not corresponding to the order,
- the legal guarantee against hidden defects from a material, design or manufacturing defect affecting the delivered products and making them unfit for use, under the conditions and under the terms defined in Article 9 of these General Terms and Conditions of Sale.
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-compliance of the Products within a maximum of 72 hours from the delivery of the Products or the existence of the hidden defects within a maximum of 72 hours from their discovery.
The Seller will refund, replace or repair products or parts under warranty deemed non-compliant or defective.
The shipping fee will be refunded on the basis of the fee charged and the return fee will be refunded upon presentation of the supporting documentation.
Reimbursements of products deemed to be non-compliant or defective will be made as soon as possible and no later than 30 days after the Vendor's finding of compliance default or hidden defects.
The refund will be made by credit to the Customer's bank account or by bank cheque to the Customer.
The Seller ' s liability cannot be incurred in the following cases:
- not respecting the laws of the country in which the products are delivered, that it is the responsibility of the Customer to verify,
- in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in case of normal wear of the Product, accident or force majeure. The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or assigned products of a vice.
ARTICLE 9 - LEGAL GUARANTEE OF CONFORMITY AND LEGAL GUARANTEE
A) Consumer information
Article L. 111-1, 4o of the Consumer Code states:
"Before the consumer is bound by a contract for the sale of goods or the provision of services, the professional shall communicate to the consumer in a readable and understandable manner the following information:
4o Information on the existence and modalities of the implementation of guarantees and other contractual conditions. The list and the precise contents of this information are fixed by decree in the Council of State".
Article R. 111-1, (c) of the Consumer Code states:
"For the application of Article L. 111-1, the professional shall communicate to the consumer the following information:
(c) Where applicable, the existence and procedure of the legal guarantee of conformity referred to in Articles L. 211-4 to L. 211-13 of this Code and of the defects of the thing sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code and, where applicable, the commercial guarantee and after-sales service in the meaning of Articles L. 211-15 and L. 211-19 respectively.
Article L. 133-3 of the Consumer Code states:
"The general terms and conditions of sale applicable to consumer contracts mention:
1o Under the terms set by order of the Minister responsible for the economy, the existence, the conditions of implementation and the content of the legal guarantee of conformity and the guarantee relating to the defects of the thing sold, due by the Seller;
2o Where applicable, the existence of a commercial warranty and after-sales service.".
All products supplied by the Seller are subject to the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the Consumer Code or the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
(b) Implementation of the compliance guarantee
Article L. 211-4 of the Consumer Code states:
"The Seller is required to deliver a property in accordance with the contract and responds to existing compliance defects during delivery.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility.".
Article L. 211-5 of the Consumer Code states:
"In order to comply with the contract, the property shall:
1o Be specific to the usual use of a similar property and, where applicable: — correspond to the description given by the Seller and possess the qualities that the Seller has presented to the buyer in the form of a sample or model;
- to present the qualities that a buyer can legitimately wait in the light of the public statements made by the Seller, by the producer or by its representative, in particular in advertising or labelling;
2o Or to present the characteristics defined by mutual agreement by the parties or to be specific to any special use sought by the buyer, brought to the attention of the Seller and that the Seller has accepted".
Article L. 211-12 of the Consumer Code states:
"The action resulting from the failure to comply is prescribed by two years from the issuance of the property.".
If you wish to implement the legal guarantee of non-compliance, you must contact the company whose trademark and contact information is preprinted on the front.
When acting as a legal guarantee of compliance, the consumer:
— receives a period of two years from the grant of the property to act;
— may choose between repair or replacement of the property, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
— is exempt from reporting evidence of the existence of the failure to comply with the property within six months of the issuance of the property. This deadline is extended to twenty-four months from March 18, 2016, except for used goods.".
(c) Implementation of the guarantee of hidden defects
Article 1641 of the Civil Code states:
"The Seller is bound by the warranty because of the hidden defects of the thing sold that make it unfit for the use to which it is destined, or that so diminish this use that the buyer would not have acquired it, or would have given it only a lesser price if he had known them".
Article 1648 of the Civil Code states:
"The action resulting from redhibitral defects must be brought by the purchaser within two years from the discovery of the vice".
The consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, it may choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
ARTICLE 10 INFORMAL AND FREEDOMS
Pursuant to Act 78-17 of 6 January 1978, it is recalled that the nominal data requested by the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to potential Vendor partners responsible for the execution, processing, management and payment of orders.
The Customer shall, in accordance with the existing national and European regulations, have a right of permanent access, modification, rectification and opposition with respect to the information concerning it.
This right may be exercised under the conditions and in the manner defined on the website https://frilivin.fr.
ARTICLE 11 - INTELLECTUAL PROPERTY
The content of the website https://frilivin.fr is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer) for the provision of the Services to the Customer.
The Customer therefore prohibits any reproduction or exploitation of such studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may condition it to a financial counterpart.
ARTICLE 12 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the resulting transactions are governed and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be credible in the event of a dispute.
ARTICLE 13 - LITIGES
All disputes to which the purchase and sale transactions entered into under these general terms and conditions of sale could result, both in terms of their validity, interpretation, execution, termination, consequences and consequences, and which could not have been resolved between the Seller and the Customer shall be subject to the competent courts under the conditions of common law.
The Customer is informed that it may in any case resort to conventional mediation, particularly with the Consumer Mediation Commission (C. cons. art. L 534-7) or to existing sectoral mediation bodies, whose references are on the https://frilivin.fr website or any alternative dispute resolution (e.g., affiliation) in case of dispute.
ARTICLE 14 - INFORMATION PRECONTRACTUELLE - ACCEPTATION OF THE CLIENT
The Customer acknowledges having communicated, prior to the transfer of its order, in a legible and understandable manner, these General Terms and Conditions of Sale and all information and information referred to in L111-1 to L111-7, in particular:
- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned; -
- the price of Products and associated costs (booking, for example);
- in the absence of immediate execution of the contract, the date or time to which the Seller undertakes to deliver the Product;
- information relating to the identity of the Seller, its postal, telephone and electronic contact information, and its activities, if they do not fall within the context,
- information on legal and contractual guarantees and their modalities of implementation;
- the functionality of digital content and, where appropriate, its interoperability;
- the possibility of using conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, deadline, terms and conditions for the exercise of this right and standard form of withdrawal) to the costs of returning the Products, the terms and conditions of termination and other important contractual conditions.
The fact for a natural person (or legal person) to order on the website https://frilivin.fr takes full and complete adherence to and acceptance of these General Terms of Sale, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be inopposable to the Seller .