Terms of sale

French Address General Terms and Conditions of Sale and Use

www.french-address.com (hereinafter « the Website ») is published by the company French Address EURL, a French limited liability company with a share capital of 15,000 euros, a head office at 15 rue des halles 75001 Paris France, registered at the Paris Trade Registry under number 892146184, with an intra community VAT number FR14892146184 (hereinafter « French Address »).

The General Terms and Conditions of Sale and Use (hereinafter « GTCSU ») detailed below apply to any Customer visiting or ordering on the Website. The Customer undertakes to read carefully these GTCSU before using the Website. The purchase of products on the Website is reserved for adult private individuals being at least eighteen (18) years and possessing their full legal capacity. The validation of an order on the Website requires full and entire agreement with these GTCSU of which the Customer recognizes having full knowledge. 

The GTCSU can be accessed at any time on the Website. French Address reserves the right to change, modify, add or delete all or part of these GTCSU at any time, the version of GTCSU applicable to any transaction is the GTCSU published at the date of the order. The GTCSU take precedence over any other document.

If any provision of these GTCSU is declared invalid or unenforceable by a competent court, it will be declared unwritten and the other provisions shall remain in full force and scope.

 

1. Products

The products available for sale are those appearing on the Website: their main characteristics as well as images are available on each product page. The Customer acknowledges that he/she read the main characteristics of the Product(s) before placing an order. The products sold on the Website are in compliance with the European Union norms.

They are offered as long as their availability is displayed on the Website. French Address reserves the right at any time to withdraw any product for sale on the Website.

The product(s) is/are intended only for personal use only. The Customer acknowledges and agrees that the products can only be purchased in quantities reflecting average consumer needs, both in terms of the number of items ordered in one order and the number of orders respecting the usual amount an average consumer places for the same product. French Address reserves the right to cancel an order suspected of being placed by a professional.

In the event that a product is no longer available after the validation of an order by the Customer, the Customer will be notified by email by French Address and the missing product(s) will be cancelled and refunded.

French Address takes great care in description and presentation of the products, with information updated in real time. However, the descriptions of products for sale on the Website are indicative and the pictures may slightly differ from reality, for example due to the configuration of the device used by the Customer. In the event of nonconformity of the product delivered compared to its description on the Website, the Customer may exercise his/her right of withdrawal and French Address will proceed, where appropriate (refer to the GTCSU Right of Withdrawal and Returns and refund section), to an exchange or a refund of the product(s) in question.

It is possible that French Address place back in stock a product previously returned by a Customer. French Address takes great care to check that the returned product is in perfect condition of use before placing it back to stock.

 

2. Prices

The prices displayed on the Website include all taxes and do not include the delivery costs. Delivery costs are informed before the final validation of the order by the Customer. The standard custom duties are included for deliveries to the eligible countries for delivery (refer to the GTCSU Delivery Section).

Prices are displayed on the website in US Dollars. 

Prices can be modified at any time without notice, for example in the event of change of tax or exchange rate. The products will be billed based on the prices at the time of validation of the order by the Customer.

In the event of an evident pricing error, French Address reserves the right to cancel the order.

 

3. Orders and payment

To place an order, the Customer shall add products to the Bag selecting the quantity and clicking on “Add to Bag”. By default, the quantity is one (1). An order can be modified by the Customer at any moment before the validation, clicking on the Bag icon on the top right-hand corner of the Website. In the Bag page, the Customer may modify the quantity of the product(s) and remove any product. Then, the Customer will be required to register or identify him/herself to finalize the ordering process.  

The Customer will provide his/her personal data, notably the full name, email, date of birth and address. All mandatory fields must be completed by the Customer. The Customer undertakes to give true information and not to steal the identity of a third party nor modify his/her age. Creating a Customer account is optional. If the Customer creates a customer account, he/she will define a password, containing at least eight (8) characters, that he/she will use for subsequent connection to his/her customer account. The password is strictly personal and the Customer undertakes not to divulge it. French Address will not have access to the password defined by the Client. When the customer account form is validated by the Customer, French Address will send him/her an email to confirm the creation of his/her customer account.

By creating a customer account, the Customer acknowledges having read and unconditionally accepted the GTCSU and the Personal Data Protection Privacy Policy.

After filling his/her personal data, the Customer will be required to confirm the delivery address and to choose the delivery method and price. Then the Customer must check the product(s) ordered and take note of the GTCSU. The Customer is responsible for verifying that the details of the order are accurate. Once the Customer has clicked on “Pay the order”, he/she is presumed to have accepted the GTCSU (characterized by checking a box “I have read and accepted the GTCSU”), the prices of the product(s), the contents of his/her order, the delivery address and the cost of delivery. 

The order is payable on the day of the order. Various secured methods of payments are available on the Website, including payments by Paypal, Shop Pay, and by credit cards and debit cards, notably Visa, American Express and Mastercard. In the event of payment by bank card, the amount is debited when the order is confirmed, after confirmation from the bank having issued the card. In the event of refusal by the bank, the order will be automatically cancelled.

The security of the payment by credit or debit card is entrusted by Shopify by encryption of the bank details through the SSL protocol. At no point do the Customer’s bank details pass through French Address.

Some payments will include an additional step on the 3D Secure platform. 3D Secure is an additional security for online credit and debit card payments. In that event, the Customer bank will verify the identity of the card user before validating the payment. The Customer acknowledges that the 3D secure is generated upon his/her bank protocol.

French Address orders are processed in France. Hence, some international banks or credit cards may charge a foreign transaction fee for online purchases from online stores based in the European Union. The Customer acknowledges that this fee is not charged by French Address neither the responsibility of French Address.

A confirmation of the order is sent by email by French Address. French Address may not be held liable for a typing error by the Customer preventing the receipt of the e-mail confirming the order. In any event, the invoice is available in the customer account.

The products remain totally the property of French Address until full payment of the price.
French Address reserves the right at any time until the shipping to refuse an order for any reason, including but not limited to the reasons set forth in these GTCSU. French Address reserves the right to refuse or cancel any order placed by a Customer with whom French Address has currently a dispute concerning the payment of a previous order or an objective suspicion of fraud. In such event, an email will be sent to the Customer by French Address notifying the order cancellation or refusal and French Address would proceed to the refund in the event that the Customer was charged.

French Address shall not accept orders higher than eight hundred (800) euros or eight hundred (800) US dollars to prevent from fraud.

 

4. Delivery

The products on sale on the Website are delivered to France. Orders for delivery to countries not included in the list cannot be validated at this time.

The list of eligible countries is subject to modification by French Address.

French Address uses its best efforts to ensure the preparation of the order and dispatch to the carrier in maximum two (2) business days from the payment date. The delivery times on the site are given on an indicative basis, they correspond to the average preparation time and delivery. So that these deadlines are respected, the Customer must ensure that he/she has provided complete and accurate information concerning the delivery address. If an error occurs relating to the delivery address, French Address shall not be held liable in case of any inability to deliver the order. In case of inability to deliver the order at the address indicated by the Customer, the order will be returned to French Address and French Address will proceed to the reimbursement of the amount of the order minus the delivery costs, within ten (10) business days of the products’ receipt by French Address.

French Address cannot be held responsible for any delay in delivery due entirely to the unavailability of the Customer following several attempts by the carrier to arrange for delivery. In that case, the carrier will return the order to French Address and French Address will proceed to the reimbursement of the amount of the order minus the delivery costs, within ten (10) business days of the products’ receipt by French Address.

The Customer will receive a tracking number so he/she can check the evolution of his/her order delivery. The delivery may be delayed for reasons outside the control of French Address, for example delivery periods may be longer during busy operating periods. French Address cannot be liable of any direct or indirect damage resulting from delay of delivery. If French Address is unable to meet an estimated delivery date, French Address will contact the Customer with a revised estimated delivery date. If French Address is unable to deliver an order within thirty (30) calendar days from the date of the order validation, the Customer is entitled to cancel his/her order, upon which he/she will be refunded the amount of the order, including the delivery cost, by French Address.

The orders are shipped at the risk of French Address. The risks are transferred to the Customer when the order is delivered to the address selected by the Customer.

The Customer shall verify that the delivery conforms the order, as detailed in the order confirmation or in the invoice. In case of damaged delivery (already open, missing products...) or non-compliant product(s), the Customer shall notify French Address, by email bonjour@french-address.com within two (2) calendar days of receipt of the order. French Address will, at its sole discretion, issue the Customer a credit, refund the product(s) in question, or send the Customer a new product.

In the case of damaged delivery, it is highly recommended that the Customer notifies the carrier. The Customer can also decline the delivery.

 

5. Right of withdrawal

The Customer has a right of cancellation of fourteen (14) calendar days starting from the order delivery date without having to give a reason or pay penalties. In case of multiple shipments for a single order, the period will end on the fourteenth (14^th) calendar day after the date the Customer received the last shipment of the order.

To exercise the right of withdrawal, the Customer must send an email to bonjour@french-address.com informing the order number, the product(s) he/she requests the withdrawal. The email must be sent from the email registered by the Customer for his/her customer account on the Website. Only the Customer is competent for exercising the right of withdrawal: if the delivery has been made to someone other than the Customer, this right cannot be exercised by the person who received the order.

Upon receipt of a request of withdrawal, French Address will contact the Customer to arrange the return of the product(s) affected by the withdrawal.

Products that are not suitable for return due to health protection or hygiene reasons (for example cosmetics) that have been unsealed, products made to the Customer’s specifications or personalized, products that may deteriorate or expire quickly are not concerned by the right of withdrawal.

 

6. Returns and refund

French Address will inform the return process to the Customer by email, in the event that the return request conforms the cases detailed in these GTCSU. French Address will send a transport label that the customer will stick on the parcel. The Customer must do the shipment of the product(s) within eight (8) calendar days starting from the date French Address emails the Customer with the return process. The Customer has at all times the responsibility of the product(s) until properly returned to French Address.

The product(s) must be returned in original condition without having used it, with the original packaging(s) and the original label(s) attached. In the case where the original packaging of the product is missing or where the product has been damaged, except for a proven damage done by the carrier, French Address reserves the right to refuse the refund or to reduce the amount of the refund.

If an order included a free gift offered upon conditions, for example a minimum order amount, and that the conditions are not met anymore due to the full or partial return of the order, the Customer must return the gift. In that event, French Address will notify the Customer that the free gift is expected to be returned.

If an order was placed using a promotional code offering a reduction upon conditions, for example a minimum order amount, and that the return of one or several products by the Customer result in the noncompliance of the conditions, French Address will adjust the refund amount taking into account that the promotional code is not applicable anymore.

Refund will be made through the same payment means used to pay the order. If the payment means is expired, the Customer shall contact French Address to update the payment means. French Address cannot be liable if the refund is made on an expired payment means.

Refunds will be processed by French Address within maximum fourteen (14) calendar days from the date when the product(s) are actually received, provided that the returned product(s) are in accordance with the conditions detailed in these GTCSU. The Customer acknowledges that bank delays apply in the refund process and French Address cannot be held responsible for the bank processing delay.

The return cost as well as the initial shipping cost will be fully covered by French Address if the product(s) delivered is/are damaged or different from the product(s) ordered. For other cases, the Customer is responsible for return costs and other taxes (customs taxes, VAT, etc.).  The cost is $2.99 USD for France. French Address will decrease this cost from the refund.

 

7. Customer service and litigation

French Address takes great care of satisfying the Customers. French Address remains available for any request of information, suggestions or dissatisfaction regarding the Website or French Address products and services. In such events, the Customer shall send an email to bonjour@french-address.com

In compliance with the French Consumer Code, for an unsolved dispute, the Customer has the right to resort to a mediation service. The Customer acknowledges that any complaint shall first be sent to French Address for an amicable solution before taking any mediation action. For a mediation request, the Customer can fill the form https://www.cm2c.net/declarer-un-litige.php or send an email to cm2c@cm2c.net . The Customer can also send a mail to Centre de médiation de la Consommation de Conciliateurs de Justice 14 rue Saint Jean 75017 Paris, France. The mediation service is a neutral third party that can help the Customer solve a dispute with French Address, the service being free of charge for the Customer. The request shall be sent to the mediation service after the written complaint was sent to French Address and no more than one (1) year after this date.

 

8. Limitation of liability

French Address undertakes to take the greatest care in executing the Website and French Address services to the Customer.

The Customer expressly agrees that the use of, or inability to use, the service is at his/her sole risk. In particular, French Address shall not be held responsible for any harm that may be caused by the transmission of a computer virus, Trojan horses, cancel bots or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation.

French Address shall not be held liable for any loss or damage caused to the Customer or third parties due to misuse of the Website or the product(s).

French Address does not guarantee, represent or warrant that the Website will be uninterrupted, timely, secure, or error-free. In case of no rational differences between the text information of the product(s) on the Website and the product(s) ordered, the responsibility of French Address will not be committed.

French Address shall not be liable for damages arising out of its control, such as services rendered by third-parties for the execution of an order (notably the carrier or the company in charge of the online payments).

French Address shall not be liable for any indirect damages suffered by the Customer.

French Address takes no responsibility for any failure due to force majeure, as detailed on Force Majeure section in these GTCSU.

In any case, French Address direct liability is limited to the refund of the price of the product(s) or the replacement of the product(s) and provided that the product(s) must be returned to French Address as detailed by these GTCSU.

 

9. Guarantees and responsibility

In compliance with the French law, French Address must deliver product(s) complying with the contract of sale and shall be held responsible for noncompliance that may exist upon delivery, providing that the use by the Customer was normal. French Address is also held responsible for defects resulting from the packaging, the assembly instructions or the installation when French Address is contractually bound to carry out the installation or when this is carried out under French Address supervision. To comply with the contract of sale, the product(s) must be suitable for the purpose usually expected for such a product and correspond to the description given by French Address or present the features defined by mutual agreement between the parties.  The Customer may introduce an action resulting from lack of conformity until two (2) years after delivery date of the product(s). The Customer shall send an email to French Address at bonjour@french-address.com. If applicable, French Address will propose to the Customer the refund of the price of the product(s) or the replacement of the product(s) and provided that the non-compliant product(s) must be returned to French Address as detailed by these GTCSU.

In compliance with the French law, French Address also guarantees the Customer against latent defects, providing that the use of the product(s) by the Customer was normal. French Address is bound concerning hidden defects of the product(s) sold making it/them unfit for the use intended for it/them, or which reduce this usability so that the Customer would not have bought it/them, or would have paid a lower price if he/she had been aware of it. The Customer may introduce an action resulting from a latent defect until two years after the defect was discovered by the Customer. The Customer shall send an email to French Address at bonjour@french-address.com. If applicable, French Address will propose to the Customer the refund of the price of the product(s), provided that the defective product(s) must be returned to French Address as detailed by these GTCSU, or a partial refund while the Customer keeps the product(s).

The Customer can request information, at any moment, about the legal guarantee of conformity or the guarantee against latent defects sending an email to bonjour@french-address.com.

 

10. Force Majeure

French Address shall not be liable for the delay in the total or partial execution or non-execution of its obligations, if it is caused by a force majeure event or results from unforeseeable circumstances or circumstances beyond the reasonable control of French Address including, but without limitation, war, insurrection, riot, invasion, flood, fire, storm, natural disasters, regulations or restrictions of all governments, terrorist threats or acts, national emergency, epidemic, lockouts, strikes or other labor disputes (whether or not related to French Address workforce), restraints or delays affecting carriers, telecommunication breakdown or power outage.

In such events, French Address shall notify by email the Customer impacted within eight (8) calendar days from the occurrence of the event. All obligations shall be suspended for the duration of the force majeure event, without compensation and delivery times shall be extended accordingly. French Address, at its sole discretion, shall use its best efforts to propose a solution to the Customer.

If the force majeure event continues for more than three (3) months, the contract shall be terminated without compensation to one or other of the parties.

 

11. Intellectual property

All the elements and contents of the Website (notably text, images, logo, icons, database, domain name) are the exclusive property of French Address. Any reproduction or representation, total or partial, through any medium, of any element appearing on the Website is strictly prohibited without express written authorization of French Address.

The Customer is granted a limited license, including consultation and use of the Website personally, and excluding downloading or modifying the contents, wholly or partly. This license excludes any use of the Website for commercial purposes or resale, any recuperation and use of descriptions of the products, any derived use of the Website or its contents, or any use of data exploration tools, indexation robots or tools for the collection and extraction of data. Any hyperlink to any page of the Website is subject to the express written authorization of French Address.

French Address reserves the right to instigate legal action in respect of intellectual property.

 

12. Applicable Law

These GTCSU are subject to French law. In the event of a dispute, French courts shall have sole jurisdiction.