The general conditions of sale (hereinafter referred to as the "General Conditions") detailed below exclusively govern the contractual relationship between any non-professional user of the site www.fontennoy.fr (hereinafter referred to as "the buyer" or "You ") and the micro-enterprise Fontennoy, owned by Camille-Victoire Laruelle whose head office is located at 65 avenue Aristide Briand, 35000, Rennes and registered in the Paris Trade and Companies Register under number 907 583 108 (hereinafter referred to as "Fontennoy") and whose email address is firstname.lastname@example.org
The site www.fontennoy.fr is hosted by OVH whose head office is located at 2 rue Kellermann, 59100 Roubaix, company registered with the Lille RCS under number 537 407 926, telephone: 08 203 203 63 (0.118 €/min) – Fax: + 33 (0) 3 20 20 09 58 – Website: www.ovh.com - Hotline: http:// ovh.com/fr/contact/support/
These general conditions are the only ones applicable and replace all other conditions, except prior, express and written derogation. Fontennoy may from time to time modify some of the provisions of the general conditions, so it is necessary that these be reread before each order on the site www.fontennoy.fr (hereinafter referred to as the "site").
The general conditions are accessible at any time on the site and prevail, if necessary, over any other version or any other contradictory document. These modifications are enforceable from the time they are put online and cannot be applied to contracts concluded previously. Each purchase on the site is governed by the general conditions applicable on the date of placing the order.
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by Fontennoy to the buyer. The buyer declares to have read these general conditions and to have accepted them by checking the box provided for this purpose before implementing the online order. By checking this box, you agree to respect the general conditions as well as the conditions of use appearing there.
Prices are quoted in euros all taxes included. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. Value Added Tax (VAT) is not applied, art. CGI 239B. Any change in the applicable rate may be passed on to the prices of the Products and services.
For any order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be applied. These rights and sums are not the responsibility of the Fontennoy company and are your full responsibility and charge, both in terms of declarations and payments to the competent authorities and bodies in your country. Fontennoy recommends that you inquire about these aspects with your local authorities.
The prices applied are those appearing on the Site at the time of the order. After this date, they are subject to change at any time. Fontennoy cannot be bound by the display of an erroneous and obviously derisory price, whatever the reason (computer bug, manual error, technical error). In this case, Fontennoy will inform the Customer as soon as possible and the order will be cancelled. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. In the event of delivery to the Customer's home - to the address indicated by the Customer in accordance with Article 6.1 - the fixed amount of participation in the costs will be communicated to the Customer on the order summary form, before final validation of the latter. Fontennoy may reserve the right to offer promotional codes. These promotional codes can only be generated by Fontennoy and will not be applicable to the price of Products subject to other promotions (sales, price reductions, etc.). Fontennoy cannot be held responsible for any promotional codes disclosed on the forums other than those originating from Fontennoy and for which it has not given its consent.
The price is payable in cash, in full, on the day the order is placed by the buyer.
Fontennoy provides you with the following method of payment: - payment by credit card (CB, Visa or Mastercard) via the Stripe security system and payment by Paypal.
Fontennoy reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited bodies or in the event of non-payment. Fontennoy notably reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
The online provision of the buyer's credit card number and the final validation of the order will be worth proof of the buyer's agreement in accordance with the provisions of the law of March 13, 2000 and will be worth:
- payment of sums due under the purchase order
- signature and express acceptance of all operations carried out
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to send an e-mail to email@example.com. The bank server is secured by SSL encryption. (secure socket layer) in order to protect all data related to means of payment as effectively as possible.
Orders are reserved for adults.
The buyer has the option of placing an order online, from the online catalog and using the form therein.
The Customer orders the different Product(s) of his choice by clicking on “Add to basket”. Depending on the nature of the Product, the Customer may be required to choose the quantity, color or size of the Product. Once the Product has been added, the Customer can either continue shopping by clicking on “Continue shopping” or check their orders by clicking on “View my basket”.
At any time, the Customer may:
- Check the Products appearing in his basket: their quantity, their amount and the detailed information on each of them by clicking on the icon "My basket" or "View my basket",
- Modify or cancel the order of one or more Products on the basket summary page,
- Continue your selection of Products by clicking on the "Continue shopping" icon from the popin confirming the addition to the basket after adding a product from the Item sheet,
Validate your order by clicking on the icon "Validate my basket" on the basket page displayed after the validation of the addition during the product sheet.
The Customer becomes aware of the Products that are the subject of the order on the basket summary page. To validate the order and access the next step, the Customer will be asked to read these general conditions of sale. The summary page of the basket clearly indicates to the Customer the payment obligation resulting from the process of validation of the order by the mention "order with payment obligation".
The order can be validated on the Site without having a personal account. The Customer must provide the information necessary for the payment and delivery of the products, in particular a valid e-mail address, his name, first name, personal address and telephone number.
The Customer is responsible for choosing and keeping his identifiers and must ensure their confidentiality. Fontennoy can in no way be held responsible for any theft of identifiers and connections to customer accounts by third parties. The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the establishment of invoices. This information is strictly confidential.
On the basket page, the Customer will access a page listing the Products appearing in the basket as well as the different delivery options with the associated costs. On the delivery page, the Customer will access a page of the Site detailing the contract offer and the choice of delivery method as well as the address to which the Customer wishes the Products to be delivered.
In the event of a first home delivery, it is necessary to save the address indicated before continuing the order. On this delivery page, the customer can also enter his billing address, which can be modified if necessary. The Customer validates the billing and delivery address by clicking on “Continue my order”. By clicking on "Continue my order", the Customer will then access a page allowing him to choose his method of payment.
“First order” option
The "first order" option allows the Customer to place his order easily, with a minimum of clicks and steps on Fontennoy. To do this, the customer simply has to enter his delivery address, his valid email address and use one of the means of payment at his disposal.
When the Customer clicks on the "Continue my order" button from the delivery page, his personal data and delivery address that the Internet user has provided will be automatically taken into account as part of the order. The payment page will allow the Customer to check the amount of the order, the delivery costs and to finalize it.
Payments made under the “first order” option are just as secure as for a classic order, the description of which is accessible in Articles 5.5 and 12 of these GCS.
Cancellation of the order is always possible as long as the Item has not yet been dispatched, by calling customer service.
Please note, all orders are available in Metropolitan France and Europe, and are reserved for adults.
For any questions relating to the tracking of an order, the buyer can refer to the order tracking number he receives in the order confirmation email or write to firstname.lastname@example.org
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.In certain cases, including non-payment, incorrect address or other problem on the buyer's account, Fontennoy reserves the right to block the buyer's order until the problem is resolved. In case of unavailability of a product ordered, the buyer will be informed by e-mail. The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and definitive.The price owed by the Customer is the amount indicated on the payment page which the Customer has read before definitively validating his order. The price is then recalled after payment in the summary document sent by email to the Customer's email address by Fontennoy. The Customer has the choice to pay for his purchases:- Online ordering by credit card (Carte bleue, Visa, Eurocard, Mastercard, PayPal) for French, English and European orders. American Express card is accepted.With regard to payment by credit card, the payment methods are as follows:Notwithstanding the application of Article R.642-3 of the Criminal Code, the Customer shall pay for his order by bank card (card bearing the CB sign, cards bearing the VISA or EUROCARD or MASTERCARD mark, or BANCONTACT/MISTERCASH) in accordance with the provisions of this Article.To pay for his order by credit card, the Customer must send the number of his credit card on the Site, as well as the expiry date of the latter and the cryptogram number (3-digit number on the back of his credit card) . This data will be encoded on the servers on which the Site is hosted using the SSL security standard.The debit of the card will be made at the time of the order. In any event, the amount debited corresponds to the Product(s) actually delivered.It is specified that to make payment by credit card, the Customer will be automatically redirected to the STRIPE payment server.For orders over €98, the 3D Secure payment system will be mandatory. The Customer must then enter his mobile phone number if he had not already entered it during the identification phase.In all cases, the online provision of the credit card number or any other method of payment and the final validation of the order will be worth proof of the entirety of the said order, in accordance with the provisions of law n ° 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to the electronic signature reproduced in Articles 1316 and following of the Civil Code. They will also be worth payment of the sums committed by the seizure of the Articles appearing on the order form.This validation is worth signature and express acceptance of all the operations carried out on the Site.
At the end of the payment, the Customer is directed to a page confirming his online purchase. A summary document of the order is sent to the customer on a durable medium, by e-mail, to the e- mail address indicated by him and at the latest before delivery. This document, which serves as acknowledgment of receipt, also includes all the constituent elements of the contract entered into between the Parties, including the duration of availability of spare parts.
For the follow-up of the order in progress, the Customer can refer to the tracking number indicated by e-mail.
In accordance with the legal provisions in force, the buyer has a period of fourteen days from the date of receipt to exercise his right of withdrawal from Fontennoy, without having to justify reasons or pay a penalty, provided that the (s) product(s) either (are) returned in its (their) original condition with its (their) original packaging and undamaged(s), within fourteen days following the communication of the withdrawal decision.
The buyer is reminded that, in accordance with article l. 221-19 of the consumer code:
- the day on which the contract is concluded or the day of receipt of the product is not counted in the period of fourteen days mentioned above;
- the period begins to run at the beginning of the first hour of the first day and ends on the expiry of the last hour of the last day of the period;
if this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to the supply of goods made to the consumer's specifications or clearly personalized. It also does not apply to goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (in particular earrings).
Damaged or incomplete products will not be taken back.
The product(s) must be returned in its (their) packaging and its (their) original packaging to the following address: Fontennoy, 65 avenue Aristide Briand, 35000 Rennes (France) .
The right of withdrawal can be exercised by contacting the buyer service by email: email@example.com. The costs of returning the package are borne by Fontennoy. Upon internal validation of the return request, an e-mail will be sent to you including instructions relating to the return of the product.If the aforementioned conditions are met, Fontennoy will reimburse the buyer for his order, except for delivery costs, on the day of receipt of the returned products.
The products sold are covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or repair of the goods.
It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
The preceding provisions do not exclude the application of the legal guarantee of conformity of article l. 211-4 of the consumer code and the guarantee of the thing sold of articles 1641 and following of the civil code.
The transfer of ownership of the products to the benefit of the buyer will be made after payment of the price by the latter, regardless of the date of delivery of the products.
In accordance with the provisions of Article L216-4 of the Consumer Code, the transfer of the risks of loss and deterioration relating thereto will only be realized when the buyer takes physical possession of the products.
The products offered comply with the French legislation in force. Fontennoy cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you plan to order. Furthermore, Fontennoy cannot be held liable for damage resulting from improper use of the purchased product. Finally, Fontennoy cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
All elements of the www.fontennoy.fr website are and remain the exclusive intellectual property of the Fontennoy company. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of Fontennoy.
Fontennoy can in no way be held responsible for the violation by a buyer of rights held by third parties and perpetrated as a result of the latter's activities on the site.
These general terms and conditions of sale are subject by the seller, the company Fontennoy (designated “Fontennoy” in these T&Cs), to French law.
They apply to deliveries made to consumer customers exclusively domiciled in France. In the event of a dispute, the French courts will have sole jurisdiction except in application of rules of derogatory jurisdiction when the consumer is the plaintiff. Fontennoy and the Customer undertake in the event of a dispute to seek an amicable solution before any legal action. In the event of a dispute or complaint, the buyer will first contact Fontennoy to obtain an amicable solution.
The communication of personal information in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the establishment of invoices. This information is strictly confidential and processed in compliance with the law "Informatique et Libertés" of January 6, 1978 amended in 2004, amended by law 2018-493 of June 20, 2018 (for France) and the law of July 30, 2018 relating to the protection of natural persons with regard to the processing of personal data (for Belgium) under the conditions referred to in the Personal Data Policy.For the purposes of payment of your orders, bank information and data are collected by Stripe, our payment service provider. The solution for processing your payment is outsourced to STRIPE.We collect, process and store personal information from you and the devices you use when viewing www.fontennoy.fr on a phone or computer, during transactions and when interacting with Fontennoy services.The personal information we collect includes the following:The content you generate during your interactions with Fontennoy services, including the information requested to contact you and verify your identity;Device identifiers such as ip addresses, cookie identifiers, idfas and other device identifiers, as well as geolocation information, iot technologies and connection information such as statistics of your page visits, traffic to and from sites, referral url, advertising data, your browsing history, e- mail addresses with imprint.
We use the personal information we collect to: provide customer service to you, provide you with personalized advertising and marketing, and detect, prevent, mitigate, and investigate fraudulent or illegal activity.We process personal data during purchases, payments, customer support and satisfaction to enable us to honor our contract when your contact details and transactional information are processed.Legally, we are not allowed to retain personal data for longer than necessary to fulfill the purpose for which we collected it. The retention period may therefore be different depending on the processing activity. For the marketing purposes for which you have given us your consent, we retain your contact data for as long as you do not withdraw your consent.Finally, your banking information is never in our possession. Transactions are entirely processed by the secure payment module of our partner Stripe.
If you do not wish to receive marketing communications, you can unsubscribe via a link in the email you receive, or by writing to us at firstname.lastname@example.org
We never disclose your personal information to third parties for marketing purposes.We protect your information with measures that reduce the risk of loss, unauthorized use and access, disclosure and modification.We minimize the amount of personal information we disclose to the amount directly relevant and necessary to fulfill the specified purpose.In doing so we may disclose your personal information to authorized third party service providers who assist us in providing our services as:Payment provider to facilitate purchasesService provider processing orders to facilitate order management, packaging and delivery Marketing and advertising providers to personalize your experienceWe protect your information with measures that reduce the risk of loss, misuse, unauthorized access, disclosure and modification.
Fontennoy will not be liable for the total or partial non-performance of its obligations under this contract, if this non-performance results either from the Customer or from an unforeseeable and insurmountable fact of a third party to the contract, or a case of force majeure as defined by the case law of the courts, including in particular total or partial strikes in particular of the postal services and means of transport and/or communications. Fontennoy will notify the Customer of an event constituting force majeure, within 5 working days of its occurrence. The Parties agree to consult together as soon as possible to determine the terms and conditions for processing the order for the duration of the case of force majeure. Beyond a period of 30 days of interruption due to force majeure, the Parties will be released from their obligations to each other. If necessary, Fontennoy will reimburse the Customer as soon as possible.
According to the provisions of Articles L612-1 and following of the French Consumer Code, the customer has the possibility of seizing the services of a mediator free of charge for the amicable settlement of any unresolved dispute between him and Fontennoy. The buyer is informed that he can go to the Cooperative and Associated Trade Mediation platform. Failing this, the buyer may initiate proceedings before the court of his choice.
It is specified here that the dispute can only be examined by the mediator under the following conditions:
- The consumer must justify having tried beforehand to resolve his dispute directly with Fontennoy, by a written complaint;
- His request must not be manifestly unfounded or abusive;
- The dispute must not have been examined previously or be under examination before another mediator or a court:
- The consumer has submitted his request to the mediator within a period of less than one year after his written complaint to the Fontennoy services.
- The dispute falls within its field of competence.
Mediation is a process freely accepted by the parties. The latter are and remain free to interrupt, continue, conclude or not, the mediation they have undertaken. Mediation imposes on the parties an obligation of loyalty characterized by a desire to collaborate with each other and to satisfy the mediator's requests for information.
In the event that one of the clauses of these general conditions of sale is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and respect of these general conditions of sale and use.