TERMS AND CONDITIONS OF SALE

Terms and Conditions of Sale for the Les Femmes à Barbes online shop: www.lesfemmesabarbes.com

Preamble:

The online shop on lesfemmesabarbes.com (www.lesfemmesabarbes.com) was created by Les Femmes à Barbes – Sabine Puche, the operator of this website.

Placing an order for any product listed in the website’s online shop implies acceptance of these Terms and Conditions.

Accordingly, the consumer acknowledges being fully informed that acceptance of the content of these Terms and Conditions does not require a handwritten signature, insofar as the customer wishes to order products online through the website shop.

The online shop created by Les Femmes à Barbes – Sabine Puche on the website provides the following information:

A description of the essential characteristics of the goods offered.
The price of the goods in euros and, where applicable, delivery charges.
Payment, delivery and performance arrangements.
The existence of a right of withdrawal.
The period for which the offer or price remains valid.

All this information is provided in French. The consumer declares that they have full legal capacity to enter into commitments under these Terms and Conditions.

Article 1 – General provisions

These Terms and Conditions of Sale of Les Femmes à Barbes – Sabine Puche define the rights and obligations of the parties in connection with the sale of products to the customer through the online shop on lesfemmesabarbes.com.

The customer declares that they have read and accepted the related rights and obligations.

Les Femmes à Barbes – Sabine Puche is a micro-enterprise domiciled at 67 rue de Paris, 93100 Montreuil, and registered with the MDA.

SIRET: 47798912300021

Article 2 – Definitions

The items offered for sale by Les Femmes à Barbes – Sabine Puche through its online shop are hereinafter referred to as the “Products”. Any person wishing to purchase Products from Les Femmes à Barbes – Sabine Puche and satisfying these Terms and Conditions is hereinafter referred to as a “Customer”. Any order placed by a Customer in accordance with the conditions set out herein is hereinafter referred to as the “Order”.

Article 3 – Product descriptions

The information provided on each product page is for guidance only. The Products offered comply with current French legislation and the standards applicable in France. Photographs, text, graphics, information and characteristics reproduced to illustrate the Products are not contractually binding. Les Femmes à Barbes – Sabine Puche shall not be liable for any errors therein or for any changes made by suppliers to Product characteristics.

Les Femmes à Barbes – Sabine Puche undertakes to use its best efforts to correct any errors or omissions as quickly as possible after being notified of them.

Les Femmes à Barbes – Sabine Puche shall not be held liable for failure to perform the contract in the event that a Product is out of stock or unavailable, or in the event of force majeure, disruption or total or partial strike, particularly affecting postal services, transport and/or communications, flooding or fire.

Hyperlinks may lead to websites other than lesfemmesabarbes.com. Les Femmes à Barbes – Sabine Puche accepts no liability where the content of such websites contravenes applicable laws or regulations.

With respect to latent defects affecting delivered Products, Les Femmes à Barbes – Sabine Puche guarantees the purchasing Customer the replacement of defective Products or of parts rendering them unfit for their intended use, or a refund. The purchasing Customer may not hold Les Femmes à Barbes – Sabine Puche liable for any harmful consequences that such latent defects may have caused.

Article 4 – Ordering procedure

Les Femmes à Barbes – Sabine Puche presents the Products offered for sale on its website together with the characteristics required to comply with Article L111-1 of the French Consumer Code, enabling prospective consumers to know the essential characteristics of the Products they wish to purchase before placing a final Order.

Offers made by Les Femmes à Barbes – Sabine Puche are valid only while stocks last. Les Femmes à Barbes – Sabine Puche reserves the right to change its Product range according to constraints imposed by its suppliers.

Customers warrant that they are fully authorised to use the payment card and that the card provides access to sufficient funds to cover all costs arising from the purchase of Products from the Les Femmes à Barbes – Sabine Puche online shop.

Only persons legally capable of entering into contracts relating to the goods and services offered on the website may place an Order on lesfemmesabarbes.com.

In accordance with the French Act of 13 March 2000 on electronic signatures, every order form signed by the Customer by means of a “double click” constitutes irrevocable acceptance, which may be challenged only in the limited cases provided for in these Terms and Conditions under “Right of withdrawal” and “Out of stock”.

The “double click”, together with the authentication and non-repudiation procedure and the protection of message integrity, constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

Article 5 – Order confirmation

The data recorded by Les Femmes à Barbes – Sabine Puche constitutes proof of all transactions between Les Femmes à Barbes – Sabine Puche and its Customers. Contractual information is provided in French and will be confirmed by email no later than at the time of delivery.

Les Femmes à Barbes – Sabine Puche reserves the right not to confirm an Order for any reason, including a Product supply issue or a problem concerning the Order received.

Les Femmes à Barbes – Sabine Puche recommends that Customers retain a paper record or a record on a reliable electronic medium of the information relating to their Order. Customers must verify the completeness and accuracy of the information supplied to Les Femmes à Barbes – Sabine Puche. Les Femmes à Barbes – Sabine Puche shall not be liable for input errors or for resulting delivery delays or errors. In such circumstances, all costs incurred in resending the Order shall be borne by the Customer.

Article 6 – Evidence of the transaction

Computer records stored in the information systems of Les Femmes à Barbes – Sabine Puche under reasonably secure conditions shall be deemed evidence of communications, Orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium capable of being produced as evidence.

Article 7 – Prices

Product prices are stated in euros, inclusive of all taxes, and apply only on the date the consumer sends confirmation of the Order. Prices exclude order-preparation and delivery charges, which are billed separately and stated before the Order is confirmed.

Payment in full must be made when the Order is placed, except where a specific offer on the website states otherwise. Amounts paid may under no circumstances be regarded as deposits or instalments.

For delivery outside the European Union, the Customer must pay any customs duties, VAT or other taxes due upon importation of the Products into the country of delivery. Related formalities are also the Customer’s sole responsibility unless otherwise stated. The Customer alone is responsible for verifying whether the ordered Products may lawfully be imported into the country of delivery.

Les Femmes à Barbes – Sabine Puche reserves the right to change its prices at any time and to refuse any Order from a Customer with whom a dispute exists.

Article 8 – Product availability

Offers on this website remain valid while the corresponding Products remain online and while stocks last.

The Order shall be fulfilled no later than 30 days from the day following final confirmation of the Customer’s Order (payment received and Order-verification procedure completed).

If an ordered Product is unavailable, particularly because of a supplier, the Customer will be informed as soon as possible and may cancel the Order.

The Customer may choose either reimbursement, where applicable, of the amounts paid, no later than 30 days after payment, or an exchange for a Product of equivalent characteristics and price, provided that Les Femmes à Barbes – Sabine Puche is able to obtain one.

If an exchange is impossible, Les Femmes à Barbes – Sabine Puche reserves the right to cancel the Customer’s Order and refund the amounts paid.

Because Product-availability information is provided by suppliers, unavailability shall not incur the liability of Les Femmes à Barbes – Sabine Puche or entitle the Customer to damages.

Article 9 – Payment method

Payment is due when the Order is placed and shall be made by bank card through the secure PAYPAL system, which uses the SSL (Secure Socket Layer) protocol so that transmitted information is encrypted by software and cannot be accessed by any third party while being transmitted over the network.

An invoice will be sent at the purchaser’s request.

Les Femmes à Barbes – Sabine Puche retains full ownership of Products sold until all sums due from the Customer in connection with the Order, including costs and taxes, have been received in full.

Les Femmes à Barbes – Sabine Puche shall not assume responsibility for a consumer’s transfer to a third party of ownership of an item purchased from Les Femmes à Barbes – Sabine Puche. Only the original purchaser of the item may rely upon these Terms and Conditions of Sale.

Article 10 – Delivery

The geographical delivery area corresponds to the geographical area covered by the offer. Products are delivered to the address stated by the consumer on the order form.

Delivery is deemed completed when the Product is handed to the carrier. The Customer must verify the completeness and accuracy of the information supplied to Les Femmes à Barbes – Sabine Puche.

Les Femmes à Barbes – Sabine Puche shall not be liable for input errors or for resulting delivery delays or errors. In such circumstances, all costs incurred in resending the Order shall be borne entirely by the Customer.

Les Femmes à Barbes – Sabine Puche shall not be liable for delivery delays caused by errors or disruption attributable to carriers, including total or partial strikes affecting postal services, transport and/or communications. The consumer must inspect the condition of the packaging and goods upon delivery and report carrier-related damage on the delivery note and to Les Femmes à Barbes – Sabine Puche within two working days.

Article 11 – Delivery problems

11(a) Delivery problem caused by the carrier

Any delivery anomaly (damage, a Product missing compared with the delivery note, a damaged parcel, broken Products, etc.) must be stated on the delivery note as “handwritten reservations” and accompanied by the Customer’s signature.

For an item sent through La Poste, if the parcel arrives open or damaged (particularly if it bears yellow “La Poste” tape), the Customer must ask the postal worker or the relevant Post Office to draw up a “constat de spoliation” (loss or tampering report, form 170), so that Les Femmes à Barbes – Sabine Puche can open an investigation and compensation procedure.

The Customer must also confirm the anomaly by sending the carrier, within two working days following the delivery date, a registered letter with acknowledgement of receipt setting out the claim.

At the same time, the Customer must send a copy of that letter (together with the original “constat de spoliation”, where applicable) by ordinary post to: Les Femmes à Barbes – Sabine Puche – 67 rue de Paris – 93100 Montreuil – France. Any claim received after the deadline will be rejected.

11(b) Delivery problem caused by a delivery error or non-compliant Products

The Customer must notify Les Femmes à Barbes – Sabine Puche on the day of delivery, or no later than the first working day thereafter, of any delivery error and/or any discrepancy in the nature or quality of the Products compared with the information on the order form. Any claim submitted after this deadline will be rejected without recourse.

The claim must be submitted to Les Femmes à Barbes – Sabine Puche by email at: lesfemmesabarbes@gmail.com.

Any claim not made in accordance with the rules and deadlines above cannot be considered and shall release Les Femmes à Barbes – Sabine Puche from any liability towards the consumer.

Any Product to be exchanged or refunded must be returned in full, in its original packaging and in perfect condition, within eight working days after receipt of return authorisation from Les Femmes à Barbes – Sabine Puche. It must be sent by insured registered Colissimo covering the market value of the returned Products to: Les Femmes à Barbes – Sabine Puche – 67 rue de Paris – 93100 Montreuil – France. Every return must first be reported to Les Femmes à Barbes – Sabine Puche in order to be accepted.

Shipping costs advanced by the Customer will be reimbursed by Les Femmes à Barbes – Sabine Puche upon production of supporting documents and up to the cost of registered Colissimo postage, unless the returned Product proves not to correspond to the Customer’s original statement on the return form. If the above procedure is not followed, no claim concerning non-compliance or an apparent defect in delivered Products can be accepted.

Article 12 – Right of withdrawal

All Products sold benefit from a seven-working-day “satisfied or your money back” clause from the delivery date, in accordance with Article L121-20 of the French Consumer Code, unless otherwise stated during sales events.

The Customer exercises the right of withdrawal under Article L121-20 of the French Consumer Code within seven days of receiving the goods. This right is exercised by returning the Product to Les Femmes à Barbes – Sabine Puche; only the return postage remains payable by the Customer.

Les Femmes à Barbes – Sabine Puche recommends returning Products by tracked Colissimo with registered delivery or additional insurance ensuring compensation up to their actual market value in the event of theft, tampering or loss.

The returned Product must be in its original condition and packaging. It must not have been used, must not have sustained any deterioration, however minor, and must be perfectly clean.

The right of withdrawal may be exercised without penalty, except for the return costs, which remain payable by the Customer.

The Customer will be reimbursed the amounts paid within a maximum of 30 days after receipt of the returned Product. For this purpose, the Customer shall provide Les Femmes à Barbes – Sabine Puche with their bank details.

Article 13 – Intellectual property

Les Femmes à Barbes – Sabine Puche owns the intellectual-property rights in the website and the right to publish the material appearing in the online-shop catalogue, including photographs for which it has obtained the necessary authorisations from the persons concerned. Accordingly, and pursuant to the French Intellectual Property Code, the partial or total reproduction, on any medium whatsoever, of the elements comprising the website and Product catalogue, their use and their provision to third parties are strictly prohibited.

Article 14 – Liability, disputes and applicable law

The photographs and text reproduced to illustrate the Products are not contractually binding. Consequently, Les Femmes à Barbes – Sabine Puche shall not be liable for any error in those photographs or texts.

Les Femmes à Barbes – Sabine Puche shall not be held liable for damage of any kind, whether material, non-material or bodily injury, resulting from malfunction or misuse of the Products sold. The same applies to any Product changes made by suppliers.

In all cases, the liability of Les Femmes à Barbes – Sabine Puche shall be limited to the amount of the Order and may not be incurred for minor errors or omissions that may remain despite all precautions taken in presenting the Products.

Les Femmes à Barbes – Sabine Puche shall not be liable to a Customer or third party for any indirect damage or any loss of operations, profit or turnover, however arising, even where that damage, loss or harm was foreseeable by Les Femmes à Barbes – Sabine Puche or the possibility thereof had been brought to its attention.

Without limiting the preceding paragraphs, the liability of Les Femmes à Barbes – Sabine Puche under these Terms and Conditions may not exceed an amount equal to the sums paid or payable in the transaction giving rise to that liability, regardless of the cause or form of action concerned.

Les Femmes à Barbes – Sabine Puche shall not be liable for failure to perform the contract in the event that a Product is out of stock or unavailable, or in the event of force majeure, disruption or total or partial strike, particularly affecting postal services, transport and/or communications, flooding, fire, earthquake or lightning.

In the event of a dispute, the member shall first contact Les Femmes à Barbes – Sabine Puche to seek an amicable solution.

These Terms and Conditions of Sale, drawn up in French, shall be performed and interpreted in accordance with French law. Any dispute arising in connection with their validity, interpretation or performance shall be submitted to the competent courts.

Article 15 – Personal information

Les Femmes à Barbes – Sabine Puche undertakes not to disclose to third parties information provided by Customers on the website. Such information is confidential. It will be used by internal services solely to process your Order and to enhance and personalise communications, particularly newsletters/information emails, and to customise the website according to users’ observed preferences.

In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify, amend and erase personal data concerning you.

You may exercise this right by writing to:

Les Femmes à Barbes – Sabine Puche – 67 rue de Paris – 93100 Montreuil – France

Article 16 – Amendment of the Terms and Conditions of Sale

Les Femmes à Barbes – Sabine Puche reserves the right to amend the Terms and Conditions governing the sale of Products through the online shop on lesfemmesabarbes.com.

If any provision of these Terms and Conditions of Sale is held to be unlawful or unenforceable by a court, the remaining provisions shall continue in force.

Article 17 – After-sales service

Our jewellery is guaranteed for six months from the purchase date upon presentation of the invoice. The warranty covers manufacturing defects only. A quotation will be issued for repairs required because of damage resulting from misuse.

To submit a repair request, contact us by email at lesfemmesabarbes@gmail.com. We will then explain the procedure for having your jewellery repaired. Our workshop will examine it and will provide a repair cost and timeframe.

If goods are returned because of a manufacturing defect, the return will be at our expense. Otherwise, the return will be at your expense and risk. We recommend using registered delivery.

LEGAL NOTICE AND PRIVACY POLICY

The sole proprietorship Sabine Puche, concerned with protecting individual rights—particularly in relation to automated processing—and committed to transparency with its customers, has introduced a policy describing all such processing, its purposes, and the means available to individuals to exercise their rights as effectively as possible.

For further information on personal-data protection, please visit: https://www.cnil.fr/

Continued browsing of this website constitutes unconditional acceptance of the following terms and conditions of use.

The version of these terms of use currently available online is the only enforceable version throughout the period of website use and until it is replaced by a new version.

Article 1 – Legal notice

1.1 Website (hereinafter the “Website”)

Les Femmes à Barbes

1.2 Publisher (hereinafter the “Publisher”)

The sole proprietorship Sabine Puche, located at 67 Rue de Paris, Montreuil, registered with the RCS under number 47798912300021.

Telephone: 0663708812

Email: lesfemmesabarbes@gmail.com

1.3 Hosting provider (hereinafter the “Hosting Provider”)

Les Femmes à Barbes is hosted by Wix, whose registered office is located at 1 Grant’s Row, Dublin 2 D02HX96, Ireland.

Article 2 – Access to the Website

Access to and use of the Website are reserved strictly for personal use. You agree not to use the Website or the information or data it contains for commercial, political or advertising purposes, or for any form of commercial solicitation, particularly the sending of unsolicited emails.

Article 3 – Website content

All trademarks, photographs, text, comments, illustrations, animated or non-animated images, video sequences, sounds and computer applications that may be used to operate the Website, and more generally all elements reproduced or used on the Website, are protected by applicable intellectual-property laws.

They are wholly owned by the Publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the Publisher’s prior written consent is strictly prohibited. The Publisher’s failure to initiate proceedings immediately upon becoming aware of any unauthorised use does not constitute acceptance of such use or a waiver of legal action.

Article 4 – Website management

For the proper management of the Website, the Publisher may at any time:

suspend, interrupt or limit access to all or part of the Website, or restrict access to the Website or certain parts of it to a specific category of internet users;
remove any information liable to disrupt its operation or contravene national or international law;
suspend the Website in order to carry out updates.

Article 5 – Liability

The Publisher shall not be liable in the event of failure, breakdown, difficulty or interruption preventing access to the Website or any of its features.

The equipment you use to connect to the Website is entirely your responsibility. You must take all appropriate measures to protect your equipment and your own data, particularly from internet-based virus attacks. You are also solely responsible for the websites and data that you consult.

The Publisher shall not be liable for legal proceedings brought against you:

because of your use of the Website or any service accessible via the internet;
because of your failure to comply with these Terms and Conditions.

The Publisher is not liable for damage caused to you, third parties and/or your equipment as a result of your connection to or use of the Website, and you waive any related claim against the Publisher.

If the Publisher becomes subject to amicable or judicial proceedings because of your use of the Website, it may seek compensation from you for all losses, sums, awards and costs arising from those proceedings.

Article 6 – Hyperlinks

Users may create hyperlinks to all or part of the Website with the Publisher’s authorisation. Any link must be removed upon the Publisher’s request.

Information accessible through a link to another website is not published by the Publisher. The Publisher has no rights over the content available through such a link.

Article 7 – Data collection and protection

Your data is collected by the sole proprietorship Sabine Puche.

Personal data means any information relating to an identified or identifiable natural person (the data subject). A person is considered identifiable if they can be identified directly or indirectly, particularly by reference to a name, identification number or one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity.

Personal information collected on the Website is primarily used by the Publisher to manage its relationship with you and, where applicable, to process your Orders.

The following personal data is collected:

first and last name;
address;
email address;
telephone number;
SIRET number and location.

Article 8 – Your rights of access, rectification and delisting

Under the regulations applicable to personal data, users have the following rights:

Right of access: users may exercise their right of access to learn what personal data is held about them by writing to the email address below. Before implementing this right, the Platform may ask for proof of the user’s identity in order to verify it.
Right to rectification: if personal data held by the Platform is inaccurate, users may ask for it to be updated.
Right to erasure: users may request the deletion of their personal data in accordance with applicable data-protection law.
Right to restriction of processing: users may ask the Platform to restrict the processing of personal data in the circumstances provided for by the GDPR.
Right to object: users may object to the processing of their data in the circumstances provided for by the GDPR.
Right to data portability: users may ask the Platform to provide the personal data they supplied so that they may transmit it to a new platform.

You may exercise these rights by contacting us at:

67 Rue de Paris, Montreuil

Or by email at: lesfemmesabarbes@gmail.com

Every request must be accompanied by a photocopy of a valid, signed identity document and must state the address at which the Publisher may contact the applicant. A response will be sent within one month of receipt. This one-month period may be extended by two months if the complexity and/or number of requests so requires.

Furthermore, since French Act No. 2016-1321 of 7 October 2016, individuals may make arrangements concerning their data after their death. For further information, visit the CNIL website: https://www.cnil.fr/.

Users may also lodge a complaint with the CNIL through its website: https://www.cnil.fr.

We recommend contacting us first before lodging a complaint with the CNIL, as we remain fully available to resolve your issue.

Article 9 – Use of data

Personal data collected from users is intended to enable provision and improvement of the Platform’s services and maintenance of a secure environment. The legal basis for processing is performance of the contract between the user and the Platform. More specifically, the data is used for:

user access to and use of the Platform;
management and optimisation of Platform operation;
provision of user support;
verification, identification and authentication of data transmitted by the user;
personalisation of services by displaying advertising based on the user’s browsing history and preferences;
prevention and detection of fraud and malware, and management of security incidents;
management of any disputes with users;
sending commercial and advertising information according to the user’s preferences.

Article 10 – Data-retention policy

The Platform retains your data for as long as necessary to provide its services or assistance.

To the extent reasonably necessary or required to meet legal or regulatory obligations, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may retain some of your information where necessary even after you have closed your account or we no longer need it to provide our services.

Article 11 – Sharing personal data with third parties

Personal data may be shared with third-party companies exclusively within the European Union in the following cases:

where the user publishes publicly accessible information in the Platform’s free-comment areas;
where the user authorises a third-party website to access their data;
where the Platform uses service providers to provide user support, advertising and payment services. Such providers have limited access to user data for the performance of those services and are contractually required to use it in accordance with applicable personal-data protection regulations;
where required by law, the Platform may transmit data in response to claims made against the Platform and in compliance with administrative and judicial proceedings.

Article 12 – Commercial offers

You may receive commercial offers from the Publisher. If you do not wish to receive them, please contact: lesfemmesabarbes@gmail.com.

Your data may be used by the Publisher’s partners for marketing purposes. If you do not wish this, please contact: lesfemmesabarbes@gmail.com.

If, while browsing the Website, you gain access to personal data, you must refrain from collecting it, using it without authorisation, or carrying out any act liable to infringe the privacy or reputation of individuals. The Publisher accepts no liability in this respect.

Data is retained and used for a period compliant with applicable law.

Article 13 – Cookies

What is a “cookie”?

A “cookie” or tracker is an electronic file placed on a device (computer, tablet, smartphone, etc.) and read, for example, when a website is visited, an email is read, or software or a mobile application is installed or used, regardless of the type of device used (source: https://www.cnil.fr/fr/cookies-traceurs-que-dit-la-loi).

The Website may automatically collect standard information. Information collected indirectly will be used only to monitor the volume, type and configuration of traffic using the Website, to develop its design and layout, for other administrative and planning purposes and, more generally, to improve the service offered to you.

Where applicable, cookies from the Website Publisher and/or third-party companies may be placed on your device with your consent. On the first visit to the Website, an explanatory banner concerning the use of cookies will appear. Before continuing to browse, the customer and/or prospective customer must accept or refuse the use of such cookies. Consent will remain valid for thirteen (13) months. Users may disable cookies at any time.

The following cookies are present on this Website:

Google cookies

Google Analytics: measures Website traffic;
Google Tag Manager: facilitates implementation of tags on pages and manages Google tags;
Google AdSense: Google’s advertising network, which uses websites or YouTube videos to display advertisements;
Google Dynamic Remarketing: displays dynamic advertising based on previous searches;
Google Ads Conversion: tracks Google Ads campaigns;
DoubleClick: Google advertising cookies used to display banners.

Facebook cookies

Facebook Connect: enables users to identify themselves using their Facebook account;
Facebook social plugins: enable users to like, share and comment on content using a Facebook account;
Facebook Custom Audience: enables interaction with audiences on Facebook.
Location.

These cookies have a lifespan of thirteen months.

Article 14 – Product photographs and representations

Product photographs accompanying descriptions are not contractually binding and do not bind the Publisher.

Article 15 – Applicable law

These Website Terms of Use are governed by French law and subject to the jurisdiction of the courts at the Publisher’s registered office, without prejudice to any specific jurisdiction conferred by a particular statutory or regulatory provision.

Article 16 – Contact us

For any question or information about Products presented on the Website, or about the Website itself, you may email: lesfemmesabarbes@gmail.com.