GENERAL SALES CONDITIONS
ARTICLE 1 – APPPLICATION FIELD
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 proposed for sale by the seller ("the products") on the website: https://frilivin.fr
In particular, they specify the 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:
MALE PRET-A-PORTER INCLUDING:
- JACKETS / COATS;
- HIGHS (TSHIRT/PULLS);
- BASS (PANTALONS/JEANS/SHORT/SHORT) ;
The main characteristics of the products and, in particular, the specifications, illustrations and indications of dimensions or capacity of the products are presented on the website https://frilivin.fr the customer is required to read them before any ordering.
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 are not liable to the seller.
The customer is required to refer to the description of each product in order to know its essential properties and characteristics.
Product offers can be reached within the limits of the available stocks, as specified during the purchase of the order.
Legal details: the contact details of the seller are:
Commercial name : frilivin deposited with inpi
Social reason: sas menfy
Rc registration: 900 048 323
Legal form: simplified shares
Address of the headquarters:21 place of the republic 75003 bets
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.
Coordinates of the host :ovh ( capital sas of 10,000 000 €)
Head office : 2 rue kellermann - 59100 roubaix - france.
These general terms and conditions of sale apply to the exclusion of any other conditions, including those applicable to in-store sales or other distribution and marketing circuits.
These general terms and conditions 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 to have taken note of these general sales conditions and accepted them by checking the box provided for this purpose before 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 that may be subject to subsequent amendments, the version applicable to the purchase of the customer is that in effect on the website on the date of the order.
Unless otherwise proved, the data recorded in the vendor's computer system is evidence of all transactions with the client.
In accordance with the computer law and freedoms 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.
Products 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 (including mayotte), the communities of Outre-mer with special status and the Member State of the European Union.
In case of order to a country other than the metropolitan franc, 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
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 so-called 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 purchaser 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 valid for acceptance of 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 sales of products: the seller reserves the right to refuse orders for the same product in large quantities and with more than "5 identical items. ".
(b) availability of products
All product orders 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 substitute 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 client 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 said 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 ttc.
A customer located in a country outside the European Union will not have to pay the tva. Customs charges are applicable to the recipient country. Customs charges are borne by the customer.
Rates take into account possible discounts that would be made 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 fees, 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 corresponds to the total amount of the purchase, including these costs.
Article 4 – conditions of payment:
The price is payable in full on the day the order is passed by the customer by secure payment, as follows:
- by credit card via payplug solution
- nb: Paypal payments are not accepted.
The customer expressly acknowledges that the communication of his or her bank card number is valid for the debit of his or her bank 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.
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 cannot be charged to the Customer.
Article 5 – delivery
The products ordered by the customer will be delivered in metropolitan france and in the European Union, for the other international zones and especially for the dom tom we invite you not to place order and to contact us at the address : [email protected]
Delivery will be made by mail (so parcesimo) or worldwide relay to the address indicated by the customer during his order on the website https://frilivin.fr.
The postal service socolissimo offers its customers the possibility to receive items ordered easily and directly to their home between 2 and 5 working days (10 maximum) via the postal service of the post.
The tariff grid for shipments:
Except for these cases, the fees applied are those determined by the tariff grid of packagesimo .
Customs charges may be submitted to the customer when the order of goods 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 ordered products are delivered to the postal address indicated by the customer on the order form.
Products are delivered from Monday to Friday, at office hours, with the exception of national holidays. 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 package is made available to the client at the address indicated on the order form.
The delivery is made by the transfer to the customer of physical possession or control of the product.
Except in particular cases or unavailability of one or more products, ordered products 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 ordered products 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 138-3 of the consumer code. the amount paid by the customer shall be returned to the client 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 his client the shipping of the package. (Return rate 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 goods ordered by the seller to the carrier as soon as he has delivered the goods 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 the lack of delivery of the goods carried.
In the event of a specific request from the customer regarding the packaging or transport conditions of the goods ordered, duly accepted in writing by the seller, the related costs will be subject to a specific supplementary billing, on a pre-reported quotation 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 delivered products (e.g. damaged packages already opened ...), with all supporting documentation (photos in particular). past 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 goods delivered whose defects of conformity or apparent or hidden defects have been duly proved by the customer, under the conditions provided for in articles 211-4 et seq. of the consumer code and those provided for in these general terms and conditions of sale (see guarantees, inter alia).
ARTICLE 6 - PROPRIETARY TRANSFER - RISK TRANSFER
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 customer, 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 risks of loss and damage to the product will only be realized when the customer physically takes possession of the products. products therefore travel to the seller's risks and risks (Article L.138-4 of the Consumer Code).
ARTICLE 7 – RETURN 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 his 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 after notification to the seller of the customer's withdrawal decision.
Returns are to be made in their original and complete condition (packing, accessories, instructions). 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 retracting 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, without ambiguity, expressing the will to withdraw.
In the event of the exercise of the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs are refunded; the return costs remaining at the customer's expense. the refund will be made within 14 days of receipt by the seller of the goods returned by the customer under the conditions set out in this section.
For obvious reasons of hygiene: the accessories are not taken back or exchanged.
The storage 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 storage items at -50% included in the outlet category are neither taken back nor exchanged.
Registration of the return request is mandatory. it is done on the customer account via the following procedure:
History and details of my orders
Order history: 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 fill.
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 franc
-15€ European Union
-18€ europe (excluding European Union)
Attention: 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 - LIABILITY OF THE SELLER - WARRANTY
Products sold on the website https://frilivin.fr comply with the regulations in force in france and have performance compatible with non-professional uses. the goods supplied 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 shall 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 vouchers.
Refunds of products deemed to be non-compliant or defective will be made as soon as possible and no later than 30 days after the seller's finding of compliance default or hidden defects.
The refund will be made by credit to the client's bank account or by bank cheque to the client.
The liability of the seller shall not be incurred in the following cases:
- not respecting the laws of the country in which the products are delivered, that it is up to the customer to check,
- 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 OF DEFECTS
(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 relating to 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 Council of State".
Article 111-1 (c) of the Consumer Code states:
"for the purposes of Article l. 111-1, the professional shall communicate to the consumer the following information:
(c) where applicable, the existence and procedure for the exercise of the legal guarantee of conformity referred to in articles 211-4 to 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, of the commercial guarantee and after-sales service within the meaning of articles 211-15 and 2".
Article 133-3 of the Consumer Code states:
"the general terms and conditions of sale applicable to consumer contracts mention:
1o according to the terms fixed 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 shall be guaranteed by the legal guarantee of conformity provided for in articles 211-4 to 211-14 of the code of consumption 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 the defects in compliance that exist during the issuance.
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:
"to comply with the contract, the property shall:
1o be specific to the usually expected use of a similar property and, where applicable: — correspond to the description given by the seller and possess the qualities that the seller 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 public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling;
2o or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the knowledge of the seller and that the seller has accepted".
Article l. 211-12 of the Consumer Code states that:
"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 the 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 period 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 that:
"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 COMPUTERS AND LIBERTES
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.
These 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 him.
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 customer's request) for the provision of services to the Customer.
The customer therefore forbids any reproduction or exploitation of such studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the seller that may condition it to a financial counterparty.
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 conditions of sale are 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 - DISPUTES
All disputes to which the purchase and sale transactions entered into under these general terms and conditions of sale may arise, concerning both their validity, interpretation, execution, termination, consequences and consequences, and which could not be 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 he may in any case resort to conventional mediation, including with the Consumer Mediation Commission (c. cons. l 534-7) or with existing sectoral mediation bodies, and whose references are on the website https://frilivin.fr or any alternative dispute settlement (e.g., affiliation) in case of dispute.
ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - ACCEPTANCE OF THE CUSTOMER
The customer acknowledges having communicated, prior to the transfer of its order, in a readable 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 at 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 not 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 goods, 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 and conditions 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 .