CONDITIONS GÉNÉRALES DE VENTEEditor of www.fatimaguerrout.com :
BFG PRODUCTION (FATIMA GUERROUT), a limited liability company located 64 bis rue Dulong, 75017 Paris, France (Registration number 433 104 668, T. +33 147631790, firstname.lastname@example.org
Ms Berkahem Guerrout
Director of publication:
Ms Berkahem Guerrout
OVH, located 2 rue Kellermann, 59100 Roubaix, France Tel: 0899701761
CONDITIONS OF USE FOR THE SITE :
By accessing and/or using this website through www.fatimaguerrout.com, you agree to the terms and conditions set forth hereinafter.
1. INTELLECTUAL PROPERTY
1.1. The Website and any of its elements, notably text, articles, newsletters, booklets, maps, keyword clouds, images, illustrations, photographs, databases, and software are protected by the provisions of French Intellectual Property Regulations.
1.2. Reproduction in whole or in part of any of the aforementioned elements is prohibited.
1.3. Users are only allowed to display the Website on the screen of their computers, and to temporarily reproduce the files making it up for the sole purpose of viewing the Website.
1.4. Users may take short quotes from the site as examples, insofar as the source of such quotes is clearly specified and includes the origin of the document, with a visible acknowledgement - “Source: website of BFG PRODUCTION (FATIMA GUERROUT) www.fatimaguerrout.com”; the title of the document or page quoted; the author’s name if known; the document date if known.
1.5 Users are not allowed to create and publish hypertext links to the Website and/or any page of the Website without the prior written consent of BFG PRODUCTION (FATIMA GUERROUT).
2. USE OF THE SITE
2.1. Any data, information or publication, either accessible, represented or downloadable from the site, is not intended to be exhaustive or accurate; it is provided for informative purposes only.
At all times, BFG PRODUCTION (FATIMA GUERROUT) reserves the right to modify, correct, delete or amend any part thereof without any prior notice. BFG PRODUCTION (FATIMA GUERROUT) may restrict access to the site at all times without prior notice for reasons such as maintenance, security or any other technical constraints.
2.2. In no event shall BFG PRODUCTION (FATIMA GUERROUT) be liable to any person for any direct, indirect, special or other consequential damages arising out of any use of data, information or publications accessible or downloadable from the website, or from any third-party websites accessible thereby through hypertext links, whether published on the site or downloadable from the site.
2.3. These terms and conditions may be modified at all times. Once published online these modifications are accepted by any and all users that subsequently access to and use the site. It is each user’s responsibility to carefully read the present terms and conditions and the General Terms & Conditions of Sale.
Website designed & developed by :
Fleur de papier, www.fleurdepapier.com
Article 1 – Scope
These are the terms and conditions of sale ("Conditions") of BFG PRODUCTION (hereinafter “FATIMA GUERROUT”), a French limited liability company whose registered office is located at 64 bis rue Dulong in Paris (75017), France, Companies House registration number B 433 104 668 (EU VAT number: FR83433104668), tel +33 (0)1 47 63 17 90. The Conditions shall apply to all purchases of the goods displayed on BFG PRODUCTION’s website (the “Products”), by way of orders placed via HYPERLINK "http://www.fatimaguerrout.com" www.fatimaguerrout.com (the “Site”).
Subject to any legal provision to the contrary, the relationships between FATIMA GUERROUT and the Customer shall be governed by the version of the Conditions in force at the time of the confirmation of the order by the Customer, to the exclusion of any other contractual terms & conditions.
The Conditions do not regulate the supply of services or the sale of products performed by third parties that are on the Site through links, banners or other hypertext links. FATIMA GUERROUT shall under no circumstances be deemed liable for the sale of products or the supply of services provided by third parties or for the execution of e-commerce transactions between the users of the Site and third parties.
The use of the Site is reserved to consumers and the present Conditions apply only to consumers acting for personal needs and purposes, as the term consumer is defined by French law and case law.
Article 2 – Orders
Orders may be placed exclusively through the Site. Internet access and connection costs are borne by the Customer.
Orders are placed in € (Euros).
All steps necessary for placing an order are detailed on the Site. When placing an order for the first time, the Customer will be required to open an account and complete certain required fields on an order form. The Customer guarantees that the information he/she submits is true and valid. The Customer will have the possibility to access the account using his/her email and password.
An order shall be deemed to have been submitted by the Customer if his/her email and password are used for such order.
In the event prolonged inactivity causes the Customer’s connection to the Site to fail, the Customer’s selection of goods may be lost. In such case, the Customer will be required to re-enter the selection.
Before submitting any order, the Customer will be given the opportunity to review his/her selection, check the total price of the order and correct any input errors. Once the order is submitted, FATIMA GUERROUT shall under no circumstances be deemed liable for any input errors or any consequences thereof, such as late or unsuccessful delivery. In such case, the Customer will bear all costs related to a new delivery of the Products.
Orders are confirmed by the Customer at the end of a “double click” process which constitutes a formal, unconditional and irrevocable acceptance of the Conditions by the Customer. No order may be placed and/or confirmed by a Customer without a prior reading and acceptance of the Conditions.
Data recorded by FATIMA GUERROUT shall serve as valid evidence within the frame of the relationships between the Customer and FATIMA GUERROUT.
FATIMA GUERROUT shall send by email a confirmation of the order, prior to the dispatch of the Products. The sale shall be binding once the Products are dispatched to the Customer.
FATIMA GUERROUT may refuse to process orders for any rightful cause, i.e. when there are payment or delivery incidents, when orders are incomplete or incorrect or the products are no longer available. FATIMA GUERROUT may also require further supporting documents regarding the Customer’s identification. In such case, the Customer will be informed by e-mail and/or phone call and will have the possibility to cancel the order.
It is recommended to the Customer to save electronically or print the Conditions.
Article 3 – Availability of the Products
All orders are subject to availability.
Whenever a Product that was ordered turns out to be unavailable, the Customer will be so informed. The order will be cancelled and no payment will take place. FATIMA GUERROUT may suggest the Customer a similar quality and price Product in replacement.
FATIMA GUERROUT reserves the right to refuse any order of Products in large quantities (more than three identical Products).
Article 4 – Price and Payment 4.1 Prices may be changed or amended at any time by FATIMA GUERROUT. The applicable prices are those in force at the time the order was submitted by the Customer. All prices are displayed in EUROS (VAT included), delivery charges to be added. Delivery charges shall be set out at the time of the order, before the Customer is requested to confirm the order. The price of the Products to be dispatched outside of the EU shall be displayed without VAT on the invoice. In this case, the Customer shall be considered as the importer of the Products and bear all the responsibilities and costs associated thereto. FATIMA GUERROUT remains the sole owner of the Products until full and final payment by the Customer. 4.2 The price and any delivery charges must be paid prior to the dispatch of the Products and may be paid via Paypal. The debit shall occur when the Products are ready to be dispatched. The Customer guarantees that he/she is the legitimate holder of the credit or debit card used to pay the order.
Article 5 – Delivery Delivery terms are expressed in working days. When a single order relates to several Products having different delivery terms, the delivery term to be taken into account is the latest one, without prejudice to FATIMA GUERROUT ‘s right to make deliveries by lots. In this case, dispatch costs are billed out as if it was a single delivery. Deliveries are made at the address indicated by the Customer at the time of order. No delivery shall be made to hotels or PO Boxes. The Customer shall be informed by email in case of late delivery. FATIMA GUERROUT shall propose an alternative delivery date. Should the delivery be late in excess of 7 days for reasons that are not of Force Majeure, the Customer is entitled to cancel the order by sending a registered letter with acknowledgement of receipt to FATIMA GUERROUT within 60 days from the initial date of delivery. Sums paid by the Customer shall be refunded. Should the Product be delivered after the cancellation letter was received by FATIMA GUERROUT, the return of delivery costs shall be borne by the Customer and the return of the Products shall be accepted only provided that the Products are in perfect condition and returned in their packaging of origin. The Products will be delivered at the address given by the Customer. If there is no one at the address given who is competent to accept delivery of the Products, the Customer will be asked to contact FATIMA GUERROUT in order to arrange an alternative delivery date or a place to collect the Products. If the Products are not delivered because of the Customer’s failure to show up (3 missed appointments), FATIMA GUERROUT reserves the right to cancel the order and to refund the price of the Products within 30 days upon the Product’s return. The Customer will bear all costs related to delivery and return. Upon delivery, the Customer may be requested to give proof of his/her identity. If the Customer refuses to show any documents or if the documents shown do not correspond to the information given when the order was submitted, FATIMA GUERROUT reserves the right to cancel the order and to refund the price of the Products within 30 days upon the Product’s return. The Customer will bear all costs related to delivery and return. The risk for damage to the Products passes to the Customer upon delivery of the Products to the address indicated by the Customer. The Customer is required to check the Products upon delivery and to sign the delivery note handed over by the carrier in order to confirm safe delivery of the Products. No claim related to the condition of the Products will be accepted once the delivery note is signed. If, at the time of delivery, the packaging is damaged, the Customer is required to open the package in the presence of the carrier in order to verify the condition of the Products. In the event of damage to the Products, the Customer should note the details on the delivery note and the return voucher, without prejudice of the provisions of article 6 hereof. Any claim related to the condition of the Products must be notified within 48 hours upon delivery by e-mail or letter sent to the Customer Service, FATIMA GUERROUT-BFG PRODUCTION, 64 bis rue Dulong 75017 Paris, France. If the Product is returned for the above mentioned reasons, the Customer may request a new delivery or cancel the order according to the provisions of article 7 hereof.
Article 6 – Right of Cancellation Pursuant to article L.121-20 of the French Consumption Code, the Customer may cancel the contract within 7 working days following the delivery date and return the Products in perfect condition and in their packaging of origin. The Customer is entitled to claim for an exchange of the Products or a refund. Costs for returning the Products are to be borne by the Customer. The Customer is requested to attach to the returned Products a copy of the invoice or any other piece of information necessary to FATIMA GUERROUT in order to identify the transaction concerned. Only the Customer identified as such with FATIMA GUERROUT may be vested in this right of cancellation. The Products are to be returned at the following address: FATIMA GUERROUT - BFG PRODUCTION, 64 bis rue Dulong 75017 Paris, France. Pursuant to article L.121-20-2 of the French Consumption Code, this right of cancellation may not be exercised by the Customer for any Products especially made according to the Customer’s instructions or clearly personalised.
Article 7 – Conformity of the Products The Products available on the Site are in conformity with the French legislation and the norms applicable in France. If a Product is no longer available, it will be taken off the Site by FATIMA GUERROUT without liability. All images and illustrations of the Products are for information only. The Products offered for sale may not exactly correspond to the real garments in terms of image and colours due to technical reasons (ie. Internet browser or monitor used). The Customer is advised to refer to the description of any particular Product displayed on the Site or contact our Customer Service team for further information about the Products at the following address: HYPERLINK "mailto:email@example.com" firstname.lastname@example.org . FATIMA GUERROUT shall refund the Customer or exchange the Products whenever the Products are damaged, contain a default, or do not correspond to the order. The Customer shall make a formal claim in writing with a description of the situation giving rise to the claim, and return the Product(s). Costs incurred for returning the Products shall be reimbursed by FATIMA GUERROUT when they are justified and evidenced. Under French law, the Customer is vested with the following rights (articles L.211-4, L.211-5 & L.211-12 of the Consumption Code and articles 1641 & 1648 al. 1 of the Civil Code):
"Article L.211-4 of the French Consumption Code: The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. The seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if the seller assumed responsibility therefor or had it carried out under his responsibility."
“Article L.211-5 of the French Consumption Code: In order to be in conformity with the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.” “Article L.211-12 of the French Consumption Code: Action resulting from lack of conformity lapses two years after delivery of the product.” “Article 1641 of the French Civil Code: A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.” « Article 1648 of the French Civil Code: The action resulting from latent defects that make a sale contract void must be brought by the buyer within a period of two years following the discovery of the default.”
Article 8 –Intellectual and Industrial Property Rights All elements composing the Site, including texts, sounds, illustrations, images, signs, graphics, videos, animations, programs, databases, software or any other related technology are and shall remain the sole and exclusive property of FATIMA GUERROUT, or of those who gave a right of use to FATIMA GUERROUT and are subject to the provisions of the French Intellectual Property Code. The Customer will be held liable of any unauthorized reproduction, representation or use of such rights. The trademark “Fatima Guerrout”, and any other marks, illustrations, images, logo on the Products, their accessories or their packaging are and shall remain the sole and exclusive property of FATIMA GUERROUT, or of those who gave a right of use to FATIMA GUERROUT. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logo, for whatever reason and in whatever medium, without FATIMA GUERROUT‘s written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo. Such prohibition is also applicable to any IP rights, designs or patents that belong to FATIMA GUERROUT.
Article 9 – Privacy, Personal Data Personal data to be transmitted by the Customer to FATIMA GUERROUT are those strictly necessary to have the orders processed and the contractual relationship managed and maintained. They may be used for internal statistical use. The intended collecting and processing of the personal data was declared with the French relevant authorities (CNIL). The data may be conveyed to third-party entities that are involved in the processing of the orders. The data are kept recorded for security, identification and service improvement reasons. At any time, the Customer may exercise a right of access, amendment or refusal in connection with his/her personal data, by contacting the Customer Service- FATIMA GUERROUT - BFG PRODUCTION, 64 bis rue Dulong 75017 Paris, France. The Customer may from time to time be requested to choose if he/she accepts to receive from FATIMA GUERROUT and/or its business partners or contractors information relating to Products or services that are similar to those already ordered. The Customer may at any time choose not to receive such information any more. The Site may use automatic systems of data collection, such as “cookies”. Cookies are used to identify the Customer on the Site. The Site may use the "cookies" in the sole purpose to optimize its services for the needs and preferences of the Customers.
Article 10 – Liability Subject to any legal provision to the contrary, FATIMA GUERROUT ‘s entire liability is limited to any direct losses which are reasonably foreseeable and arise in connection with the use of the Site by the Customer and the supply of Products.
FATIMA GUERROUT will not be liable for any loss caused by the Customer, any loss caused by an unforeseeable and inevitable act of a third party or any loss caused by an act of Force Majeure.
FATIMA GUERROUT will not be liable for the content and the function of any links, banners or other hypertext links that are on the Site or any loss suffered by a Customer when the latter uses such links or banners.
The Customer will remain sole responsible for his/her internet connexion and related equipments.
The Customer acknowledges that FATIMA GUERROUT cannot guarantee and prevent or exclude any risk of unauthorized access to or loss of data transferred thought the Internet. FATIMA GUERROUT will not be held liable for any accidental or unlawful destruction, loss, alteration of data, or any financial, business or trade loss or any other direct or indirect loss arising out of the use of the Site or its services.
Article 11 – Severability If any provision of the Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of the Conditions remain in full force to the extent permitted by law.
Article 12 – Evidence The Customer acknowledges that any e-mails exchanged with FATIMA GUERROUT will be sufficient evidence of their agreement, regarding, in particular, submission and acceptance of the orders.
Article 13 – Governing Law and Jurisdiction The Contract formed between the Customer and FATIMA GUERROUT is governed by French law. The language of reference shall be French. French courts shall have jurisdiction over any dispute arising in connection with the contract.