These general conditions of sale apply to all orders placed on www.fees-en-provence.com.
The company FÉES EN PROVENCE reserves the right to adjust or modify these general conditions of sale at any point. In the event of modification, the general conditions of sale in force on the day of each order shall apply to the order.
1- General conditions: Acceptance and implementation
The buyer acknowledges having read the general conditions of sale clearly set out by the company FÉES EN PROVENCE about its site: www.fees-en-provence.com and accepts them unconditionally on placing the order. These general conditions of sale will prevail over any other condition appearing in any other document, except express and written prior exemption. The seller is defined below as the company FÉES EN PROVENCE via www.fees-en-provence.com, whose registered office is at 5 Rue Charles Duchesne, Immeuble Tertia 1, 13290 Aix-en-Provence, France.
The company FÉES EN PROVENCE is registered with France’s Companies Register under Siret number 418 959 003 00066 and the buyer is defined below as the company or person signing and accepting these conditions of sale. The buyer agrees to having the ability to enter into the contract described hereafter, i.e. that he or she is of legal age and not under guardianship. Before placing his or her order, the buyer acknowledges having read these General Conditions of Sale.
When a buyer orders a product advertised on the site, it is automatically assumed he or she has read and accepted the general conditions of sale. This consent does not require the buyer to sign a declaration by hand. In accordance with the requirements of articles 1316 to 1316-4 of France’s Civil Code, supplemented by Decree n° 2001-272 of March 30, 2001, in application to article 1316-4 of the French Civil Code and relating to electronic signatures, it should be noted that the validation of the purchase order as specified in article 2 constitutes an electronic signature which is equal in value to a written signature between the parties.
The automatic recording systems communicated via the Internet are considered proof of the order type, contents and date. When an online order is placed, the company FÉES EN PROVENCE shall send acceptance of the order by email to the address provided by the customer.
After reviewing the order and providing the details requested, the buyer shall finalise the order by paying FÉES EN PROVENCE. The buyer shall choose the payment method of his or her preference, provided this payment method is available to him or her.
The sale shall be regarded as final only after FÉES EN PROVENCE has sent the order confirmation to the buyer via www.fees-en-provence.com and payment has been received in full. The company FÉES EN PROVENCE recommends that the buyer keep a printed or electronic copy of this information. The company FÉES EN PROVENCE reserves the right to cancel any order made by any customer with whom a dispute has arisen regarding a previous order.
In our online catalogue at www.fees-en-provence.com, all prices are stated in euros and inclusive of tax (VAT). Delivery costs are the responsibility of the buyer if the total amount charged does not qualify for free shipping.
The company FÉES EN PROVENCE reserves the right to modify its prices and services at any time. Products shall be sold for the prices advertised in the online catalogue at www.fees-en-provence.com at the time the orders are received. Products remain the property of the company FÉES EN PROVENCE until they are paid for in full. Prices are expressed in euros. All transactions are to be completed in euros. The price stated on the product description does not include shipping.
The price stated on the order confirmation is the final amount due. This includes VAT, shipping and handling.
4- Availability of products ordered
If an item is temporarily unavailable, FÉES EN PROVENCE shall notify the buyer via email. The buyer will have five working days to request a cancellation or exchange of the order using our customer service email address: email@example.com. The company FÉES EN PROVENCE is entitled to one more week to process the order. If a product becomes permanently unavailable after an order is placed, again the buyer will be informed about the discontinued items via email or telephone.
If the buyer makes no request within this time, the order will then be sent containing the available articles only, and only these articles will be charged for.
Products are advertised subject to availability. The buyer shall be informed of any product unavailability during his or her consultation of that product on the website. The buyer may receive this information in the following way, where possible:
when the order is established; after order confirmation and prior to delivery, via email.
The company FÉES EN PROVENCE shall file a request with its bank (CIC) to remove the value of the unavailable product(s) from the amount debited from the buyer’s bank account, if the payment was made with a bank card.
FÉES EN PROVENCE shall deliver the product(s) to the buyer at the address provided on the order. If the buyer gives an incorrect or incomplete address and delivery is not possible, the buyer shall be held responsible. If your parcel returns to us because of an incorrect or incomplete address, you shall be responsible for reshipping costs according to the shipping fee of your country code, regardless of the value of your order.
Delivery delays shall not give the buyer the right to claim compensation for damages. On receipt of the delivery, the buyer must check the parcel’s condition and, in the case of any issue, raise it with the deliverer or refuse delivery. The following are considered as cases of force majeure releasing the company FÉES EN PROVENCE from its obligation to deliver: war, riots, fire, strikes, accidents and impossibility to deliver.
Products are shipped at the risk of the recipient. Always check your parcel on arrival. On receiving the parcel, if you have any doubt about its condition, it is your responsibility to refuse it. FÉES EN PROVENCE is otherwise unable to refund the value of the parcel.
The time period between the customer making the order and the delivery of goods depends on the customer’s chosen payment method.
For reasons of order processing and product availability (e.g. out of stock, stalled production), orders may be dispatched in more than one package. In this case, the customer will pay for shipping only once.
La Poste (French Post Office) is usually able to deliver to destinations in mainland France within 48 hours. Any failure of this shall not give the buyer any right to claim damages, or to withhold or cancel the order.
In any case, and in accordance with the provisions of article L.121-20-3 of the French Consumer Code, products ordered shall be delivered within a maximum of 30 days starting from the day after the order, when paid in full.
If the delivery does not arrive within this time, the buyer is entitled to cancel the order. The amount paid by the buyer will be reimbursed immediately, with no other compensation due. If the delivery arrives later than the date initially stated, the buyer must inform FÉES EN PROVENCE in writing (via post or email) so that the company may improve the quality of the service it provides, and to allow the company FÉES EN PROVENCE to launch an investigation with the carrier.
All orders delivered outside mainland France and Corsica shall be delivered by Colissimo International. Delivery times depend on the delivery address given by the buyer. The company FÉES EN PROVENCE is not liable for any customs duties on orders made outside the European Union. The shipping costs stated on the order registration do not take into account any customs duties which may be due on delivery.
Free shipping only applies to orders to mainland France where the buyer selects La Poste Colissimo as the carrier, and the amount is equal to or greater than €60 including all taxes.
6- Delivery problems caused by the carrier
Any delivery error (e.g. a product featuring on the delivery order but absent from the delivery; damaged parcel or products; other damage) shall be indicated in the form of “handwritten reserves” on the delivery order and signed by the customer. The customer shall also inform the carrier of this error within two (2) working days of the delivery date by post, requesting acknowledgement of receipt. The customer shall send a copy of this letter by fax or mail to: FÉES EN PROVENCE, 5 Rue Charles Duchesne, Immeuble Tertia 1, 13290 Aix-en-Provence, France.
All our shipments are dispatched by La Poste (French Post Office). This service delivers to anywhere in France within 48 hours. If you are not present for the initial delivery, you have the option of collecting the order from the post office that is located closest to the original delivery address. If you are absent on the day of the delivery, a card shall be placed in your letter box enabling you to collect your parcel from the nearest post office within two weeks, during opening hours. If your parcel is returned to us after two weeks, you shall be responsible for reshipping costs according to the shipping fee of your country code, regardless of the value of your order.
FÉES EN PROVENCE shall not be held responsible for delays and losses caused by the French post office. The buyer must however inform us of these delays and losses via email. La Poste shall open a 21-day investigation at our request. La Poste usually locates the stray parcel and dispatches it to the recipient with this time frame. If the parcel has not been located within this time frame, FÉES EN PROVENCE shall send out either the same product or, with your prior agreement, a similar product. We shall be liable for shipping costs in this case. We disclaim liability if the delivery is delayed because of the carrier, particularly in cases of parcel loss or strike action.
7- Returning goods
We are committed to ensuring you are fully satisfied with all of our products. In accordance with the legislation governing mail order purchases that are made online, you are entitled to return any item to us at our address – FÉES EN PROVENCE, 5 Rue Charles Duchesne, Immeuble Tertia 1, 13290 Aix-en-Provence, France – within 14 days following the delivery date. The price of the item shall be refunded in full by bank transfer or cheque.
This does not apply to goods that are returned in a damaged or incomplete state, without their original packaging or which have been soiled by the customer.
The buyer is liable for the cost of packing and returning items to FÉES EN PROVENCE. The buyer must ensure items are packed in such a way that they arrive at the FÉES EN PROVENCE offices in perfect condition.
8- Right and period of withdrawal
The customer has 14 days from the date the order is received (or the date of payment) to return the products ordered, at his or her expense. For refunding, the item(s) shall be accompanied by the withdrawal form, which can be found within the order confirmation email.
Products must be returned to FÉES EN PROVENCE, 5 Rue Charles Duchesne, Immeuble Tertia 1, 13290 Aix-en-Provence, France. Email address: firstname.lastname@example.org
If the customer is exercising his or her right of withdrawal, FÉES EN PROVENCE shall refund the customer the relevant sum within thirty (30) days of receiving the item(s). The sum will be refunded to the account corresponding to the customer’s bank card.
Any customer who has placed an order shall be required to pay for it, even if he or she requests delivery to a different address.
10- Accepted payment methods
Payments are taken by our bank (CIC). FÉES EN PROVENCE has no access to your ID details or bank card numbers. All transactions are protected with SSL encryption, which guarantees the anonymity of both the paying body and your personal data. The transaction may also be protected with 3-D Secure, depending on which card you use.
11- Disputes and applicable law
In all cases of dispute, FÉES EN PROVENCE is committed to taking every possible measure to find an amicable settlement. This contract is governed by French law. The commercial court in Le Mans has sole competence to settle any dispute. The company FÉES EN PROVENCE shall not be liable for any damage of any nature, whether material, immaterial, or physical, resulting from the malfunction or misuse of the marketed products.
In all cases, the liability of the company FÉES EN PROVENCE shall be limited to the amount of the order and the company shall not be held responsible for simple errors or omissions which may occur in spite of all precautions taken in the presentation of the products. In all cases, the company FÉES EN PROVENCE shall not be held liable for non-observance of laws and regulations in force in the recipient country. The responsibility of the company FÉES EN PROVENCE is always limited to the value of the disputed product, that is, its value on the date of sale, without any possibility of recourse to the brand producing the product.
12- Personal information
FÉES EN PROVENCE agrees not to disclose confidential information provided by those buying its products and visiting its site. Such information shall only be used to process the order. The present article shall not prevent the acquisition of the business nor the transfer of activities to a third party. In accordance with the French Data Processing Act of 6 January 1978, the buyer has the right to access, modify and delete personal data relating to him or her. To do this, the buyer shall make a request via email or via post stating his or her email address, first name, surname and postal address.
14- Intellectual property
All parts of the www.fees-en-provence.com site are the intellectual and exclusive property of the company FÉES EN PROVENCE. Nobody is allowed to reproduce, exploit, repeat, or use for any purpose whatsoever, even partially, anything featuring on the site, whether software, visual or audio.