Terms & Conditions
General terms and conditions of sale
The website www.histoiresfrancaises.com (the "Site") is published by the company HISTOIRES FRANCAISES, SAS with a capital of 5,000 euros, R.C.S de Paris 891 018 699, VAT number FR46891018699 whose registered office is located at 7 rue BERANGER, 75003 Paris. ("HISTOIRES FRANCAISES" or "we" or "us").
By placing an order on the Site :
you acknowledge that you have full capacity to commit yourself under these general terms and conditions of sale (the "GCS"); and
You accept without reservation the GCS and you agree that all deliveries and offers from the company HISTOIRES FRANCAISES are made exclusively on the basis of these GCS.
We reserve the right at any time to modify, change or update these GCS at any time and from time to time. You will have to accept the modifications before any subsequent orders.
We advise you to take and keep a copy of the GCS on the day you register on the Site as well as on the day you place an order.
ARTICLE 1 - COMPANY & LEGAL NOTICES
The Site is edited by :
- The company HISTOIRES FRANCAISES, a simplified joint stock company with a capital of 5 000€, with the intra-community VAT number of FRXXXXXXXXXXX and for registration number 891 018 699 in the Paris Trade and Companies Register, whose registered office is located at 7 rue BERANGER -75003 Paris.
Tel: +33 (0)1 42 72 73 50
Director of publication: Mr Stéphane DURET
The boutique is hosted by SHOPIFY Inc. whose head office is located at 126 York St. Ottawa, ON KIN 5T5, Canada.
At any time, the Customer may contact the Customer Service of the company HISTOIRES FRANCAISES using the contact information specified in Article 12.
ARTICLE 2 - SCOPE OF APPLICATION
The General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the distance selling of products offered by the company HISTOIRES FRANCAISES to the Customer on the Site.
Any registration on the Site, use of the Site or placing an order implies acceptance of the GCS by the Customer. The company HISTOIRES FRANCAISES reserves the right to modify the GCS at any time and without notice, it being specified that only the GCS in force on the date of use of the Site and/or the placing of an order by the Client will be applicable. The fact that HISTOIRES FRANCAISES does not take advantage of any provision of the GCS shall not be interpreted as a waiver of the right to take advantage of it at a later date.
ARTICLE 3 - PRODUCTS
3.1 General: The products sold by the company HISTOIRES FRANCAISES comply with current French regulations. They are described as precisely as possible (product sheets, photographs...). The photographs used by the company HISTOIRES FRANCAISES to present the products have no contractual value. If necessary, the Customer is invited to contact the Customer Service of the company HISTOIRES FRANCAISES to obtain any useful information.
3.2. Availability: The products are marketed within the limits of available stocks. If stocks are exhausted, the company HISTOIRES FRANCAISES will endeavour to indicate this clearly and make it impossible to order the product concerned. Despite all precautions taken, it may exceptionally happen that a product ordered is no longer available. In such a case, the company HISTOIRES FRANCAISES undertakes to inform the Client immediately and, if necessary, to reimburse the Client for the full amount paid, using the same means of payment as that previously used by the Client.
ARTICLE 4 - ORDERS
4.1. Selection of products and verification of the basket: After having familiarised himself with the products offered by the company HISTOIRES FRANCAISES and, where appropriate, having contacted the Customer Service department of the company HISTOIRES FRANCAISES, the Customer is invited to add one or more products to his virtual basket. A summary of his order is then proposed to him (product references, quantities, unit price, price including tax...) so that he can, if necessary, modify his order before completing it. On this occasion, the company HISTOIRES FRANCAISES informs the Customer of the authorized means of payment, the delivery terms, the possibility for him to return the ordered products within 14 calendar days from the date of delivery...
4.2 Identification, address and method of delivery: Once the order has been checked, the Customer is invited to: identify himself using his HISTOIRES FRANCAISES identifiers or by completing the mandatory fields if he decides to continue his order without registration; choose or fill in his billing and delivery addresses; select the terms of delivery of the products (delivery times, method, price, etc.) from among the options offered.
4.3. Payment and confirmation of the order: The Customer: is informed that his order implies an obligation of payment and that the personal data necessary for the execution of his order and the GCS are collected by the company HISTOIRES FRANCAISES, chooses a method of payment among those proposed, accepts the GCS and proceeds with payment. The Client may also choose whether or not personal data concerning him/her will be collected and processed by HISTOIRES FRANCAISES under the conditions of article 11 and in accordance with French regulations. A confirmation message summarising the essential characteristics of the order and containing (or enabling the Client to download or print) the GCS is then sent to the Client by e-mail (failing which, the Client is invited to contact the Customer Service department of HISTOIRES FRANCAISES).
4.4. Order by telephone and confirmation by e-mail: After having familiarized himself with all the essential characteristics of the products marketed by HISTOIRES FRANCAISES and the present general terms of sale listing all his rights, the Client is invited to select and specify to HISTOIRES FRANCAISES the product or products he intends to order (reference number, colour, etc.), to send him all the information useful for the execution of his order (contact details, delivery address, etc.) and then to pay for his order using one of the proposed means of payment. A confirmation message will then be sent to him under the conditions provided for in Article 4.3 above.
The company HISTOIRES FRANCAISES reserves the right to refuse any order provided that it can justify legitimate reasons, in particular when the quantities purchased are abnormally high for a consumer or in the event of a dispute concerning the payment of a previous order or suspicion of insolvency.
ARTICLE 5 - PRICE AND PAYMENT
5.1. Price: The price of the products is quoted in euros, including all French taxes (French VAT and other applicable taxes), excluding delivery costs, which are notified to the Customer at the time he places the order. In the event of a change in the VAT rate, the price will be automatically modified without any other notice than the due date of the new rate. For VAT-exempt orders, the provisions of the French General Tax Code shall be applicable.
The company HISTOIRES FRANCAISES is likely to organise various promotional operations, notably in the form of announcements of price reductions within the framework, in particular, of private sales or HISTOIRES FRANCAISES days. Price reductions are established in relation to reference prices which generally correspond to prices offered to current customers outside the reduction period in question, i.e. Customers who do not have a customer account with the company HISTOIRES FRANCAISES and who therefore do not receive a personalised invitation to take part in the promotional operation.
HISTOIRES FRANCAISES reserves the right to modify its prices at any time. The products will be invoiced on the basis of the prices in force at the time of the validation of the order. In the event that an abnormally low price is indicated due to a technical or human error, the company HISTOIRES FRANCAISES reserves the right to ask the Customer to complete the price already paid or to allow him to cancel his order by reimbursing him for the totality of the sums already paid.
5.2. 5.2. Payment : Payment for orders is only made online by credit card (Visa, Mastercard and American Express), by Paypal and Apple Pay by telephone, using one of the proposed means of payment.
The company HISTOIRES FRANCAISES uses the services of STRIPE which ensures the secure transmission of bank card numbers. Exceptionally, the company HISTOIRES FRANCAISES reserves the right to suspend an order and to ask its Clients for any additional information useful to guarantee the absence of fraudulent use of a means of payment. The company HISTOIRES FRANCAISES also reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.
The products ordered remain the property of the company HISTOIRES FRANCAISES until full payment has been received, although the risk is transferred to the carrier.
ARTICLE 6 - DELIVERY
6.1. Modes of delivery: At the time of his order, the Customer is invited to choose among the modes of delivery offered by the company HISTOIRES FRANCAISES. As a general rule, the delivery methods eligible for delivery in mainland France, Corsica or Monaco are the availability of Colissimo Relay Points. or delivery by Colissimo at the address provided by the Customer. For deliveries outside the above-mentioned territories (unless otherwise specified on the Site or on any other medium for geographical areas not served), deliveries are made by UPS or DHL to the address provided by the Customer. In the event that deliveries are to be made to the address provided by the Customer, the carrier may contact the Customer to inform him/her of a delivery date and/or make an appointment for such a date.
Any dispatch of an order will be notified by the company HISTOIRES FRANCAISES to the Customer by sending an email allowing, if necessary, to follow the delivery. Delivery will be deemed to have been made when the Client or a third party designated by him, other than the carrier proposed by the company HISTOIRES FRANCAISES, takes physical possession of the product.
6.2. Delivery costs: Delivery costs are indicated in € inclusive of tax and are payable by the Client. These costs may vary according to the weight, volume and nature of the products as well as the carrier, the delivery method and the place of delivery. It is reminded that the delivery costs are notified to the Customer when he places an order.
6.3. Places of delivery: Deliveries can be made to metropolitan France, Corsica, Monaco and internationally (unless otherwise specified on the Site or any other medium in the case of geographical areas not served). Deliveries are made either to the address provided by the Customer or to the collection point selected by the Customer.
6.4. Delivery times: As a general rule, delivery times are between 48 and 72 hours for metropolitan France, Corsica and Monaco and between 2 and 7 days outside these territories. However, it is clearly stated that these times are given for information only and cannot be binding on the company HISTOIRES FRANCAISES. The delivery of several products from the same order may be fragmented.
In the event of late delivery, the Client may cancel his order, by registered letter with acknowledgement of receipt or by writing on another durable medium addressed to the customer service department of the company HISTOIRES FRANCAISES, if, after having instructed the company HISTOIRES FRANCAISES, according to the same terms, to make the delivery or provide the service within a reasonable additional period, the company HISTOIRES FRANCAISES has not done so. In such a case, the order will be considered as cancelled upon receipt by HISTOIRES FRANCAISES of the letter or writing informing it of this cancellation, unless HISTOIRES FRANCAISES has fulfilled the order in the meantime. In the event of cancellation of an order in the aforementioned forms, HISTOIRES FRANCAISES will reimburse the Client for all sums paid, no later than 14 calendar days following the date of cancellation.
6.5. Apparent anomaly on delivery: Any apparent anomaly concerning an order (number of units, state of the packaging, etc.) must be indicated precisely (detailed description of the anomaly) by the Client on the carrier's delivery note, in the presence of the carrier. The Customer must immediately inform the company HISTOIRES FRANCAISES by providing any useful evidence (photograph, description of the anomaly...). An apparent anomaly means any anomaly that should normally be detected by a normally attentive and informed consumer. Failing this, the products will be deemed to have been delivered free of any apparent anomaly. It is therefore up to the Customer to preserve his rights vis-à-vis the carrier under the conditions provided for in Article L.133-3 of the French Commercial Code (reasoned confirmation of the anomaly with the carrier by sending a registered letter within 3 days, not including public holidays, following receipt of the products concerned.
ARTICLE 7 - GUARANTEES
All products, tangible movable goods, sold at a distance benefit from the legal guarantee of conformity and the legal guarantee of hidden defects under the conditions of articles L.217-4 and following of the Consumer Code and 1641 of the Civil Code as well as, where applicable, the contractual guarantee of the manufacturer integrated into the purchase price of the product.
When acting as a legal guarantee of conformity, the Customer :
- has a period of 2 years from the delivery of the good to act;
- can choose between repairing or replacing the good, subject to the cost conditions provided for by article L.217-9 of the Consumer Code ;
- is exempt from having to provide proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of a new good and the 6 months following the delivery of a second-hand good.
In addition, it is also recalled that :
- The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted;
- The Customer may decide to implement the guarantee against hidden defects of the item sold provided for in Article 1641 of the Civil Code and may thus choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
7.1. Legal guarantee of conformity (content): "Article L.217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
Article L.217-5 of the Consumer Code: The goods are in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling.
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L.217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L.217-10 of the French Consumer Code:
If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, taking into account the nature of the goods and the use he is seeking.
However, the sale may not be rescinded if the lack of conformity is minor.
Article L.217-12 of the French Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the date of delivery of the goods. »
7.2. Warranty for hidden defects of the thing sold (contents): "Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1642 of the Civil Code: The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the item and receiving the price back, or keeping the item and receiving part of the price back.
Article 1646 of the Civil Code: If the seller was unaware of the defects of the thing, he will only be bound to return the price and reimburse the buyer for the costs incurred by the sale.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. »
7.3. Conditions for exercising guarantees: In the event of non-conformity or hidden defect of the product, the Customer is required to address his claim to the Customer Service of the company HISTOIRES FRANCAISES. In case of return of a product, the Client is invited to follow the procedure described in article 9. The exercise of these guarantees takes place at no cost to the Client, in accordance with article L.217-11 of the Consumer Code, on condition however that the Client is entitled to request the benefit of these guarantees.
Attention: The Customer is informed that :
- He may be required to provide proof of the non-conformity of the product concerned when its nature or the alleged lack of conformity so requires,
- the company HISTOIRES FRANCAISES regularly carries out tests on the conformity of the products sold and the proofs of conformity of the batches analysed, which are kept on the premises of the company HISTOIRES FRANCAISES, may, if necessary, be opposed to the Customer.
In the event that the company HISTOIRES FRANCAISES finds that the legal guarantee of conformity or hidden defects (abnormally high frequency of use, returned product not corresponding to the product purchased, product returned late and in a clearly depreciated state, Non-conformity of a product which is clearly the result of inappropriate use by the Client...), the company HISTOIRES FRANCAISES reserves the right to give formal notice to the Client to present, within eight (8) calendar days, its observations on the alleged grievance. In the absence of a response or in the absence of a satisfactory response, HISTOIRES FRANCAISES reserves the right to invoice the Client for compensation in proportion to the management costs made necessary to deal with an abusive request or one made in bad faith.
ARTICLE 8 - WITHDRAWAL
8.1. Perimeter : The Customer is informed that he has the right to withdraw without giving any reason within a period which expires 14 calendar days after the day on which he, or a third party other than the carrier and designated by him, takes physical possession of the goods. In the case of an order relating to several goods delivered separately or to a good delivered in several lots or pieces, this period expires on the day on which he takes possession of the last good / lot / piece. The day on which the order is concluded or the day on which the goods are received shall not be counted within this period. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first following working day.
8.2. Exclusion: The right of withdrawal cannot be exercised for the contracts listed in Articles L. 221-2 and L. 221-28 of the Consumer Code, in particular :
- The supply of goods made to the consumer's specifications or clearly personalised;
- The supply of goods likely to deteriorate or expire rapidly;
- Supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- The supply of accommodation services, other than residential accommodation, transport services for the carriage of goods, car rental, catering or leisure activities which are to be provided at a fixed date or time;
- In respect of a tourist package, the use of timeshare or long-term vacation products, or the transportation of persons.
8.3. Terms: To exercise their right of withdrawal, the Customer is invited, before the expiry of the aforementioned period, to notify their decision to withdraw to the Customer Service department of the company HISTOIRES FRANCAISES by means of a declaration devoid of ambiguity (e.g. letter sent by post with an acknowledgement of receipt, email...).
8.4. Return of the product : After exercising his right of retraction under the conditions set out above, the Client is invited to return the good concerned to the company HISTOIRES FRANCAISES - 160 rue MONTMARTRE - 75002 PARIS - France, without undue delay and no later than 14 calendar days after having communicated to the company HISTOIRES FRANCAISES his decision to retract. This time limit is deemed to have been respected if the good is returned before the expiry of this period. The costs and risks associated with the return are the sole responsibility of the Customer.
8.5. 8.5. Reimbursement : In the event of retraction, the company HISTOIRES FRANCAISES will refund all payments received concerning the product (with the exception of delivery costs) without undue delay and no later than 14 days from the day on which the company HISTOIRES FRANCAISES was informed of the decision to retract (the refund may be deferred until the company HISTOIRES FRANCAISES has received the good concerned or until the Customer has provided proof of dispatch of the good, the date chosen being the earliest of these facts). The same means of payment as the one used for the order will be used, unless the Customer expressly agrees to a different means. This refund will not incur any costs for the Customer.
8.6. Retention: The responsibility of the Customer exercising his right of withdrawal may be engaged for the depreciation of the good concerned if this results from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this good. Finally, on an exceptional basis, provided that it can be justified and that the Customer is informed in advance, the company HISTOIRES FRANCAISES reserves the right to charge the Customer an indemnity proportional to the management costs made necessary to deal with the abusive or bad faith exercise of the right of retraction (returned product not corresponding to the product purchased...) after having given the Customer formal notice to present it, within eight (8) calendar days, its observations on the grievance against it and in the event that the grievance does not provide a satisfactory response.
ARTICLE 9 - RETURN
9.1. General : The returned products must imperatively be accompanied by all their accessories, the purchase invoice, the return form issued by the company HISTOIRES FRANCAISES by email, perfectly protected and sent by post, at the Customer's risk, to :
HISTOIRES FRANCAISES SAS
160 rue MONTMARTRE
9.2 In case of exercise of the right of withdrawal: The products must be returned at the expense of the Customer in their original packaging and in perfect condition for resale (undamaged, damaged or soiled).
9.3. In case of exercise of the legal guarantees: The products must be returned if possible in their original packaging.
ARTICLE 10 - INTELLECTUAL PROPERTY
The company HISTOIRES FRANCAISES is the owner and/or holder of a trademark protected and registered at the INPI as well as many domain names also registered and protected. All these elements cannot be used, in any way whatsoever, without its agreement (which also means that links with other sites are strictly forbidden).
In addition, in the context of its activity, the company HISTOIRES FRANCAISES is also required to distribute and/or represent and/or reproduce trademarks owned or held by its suppliers. All elements relating to these brands as they appear on the Site or in the communications of the company HISTOIRES FRANCAISES are also protected and may not be copied without authorisation.
In accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code.
Any infringement of these elements, whether or not they are protected by intellectual and/or industrial property law, will be immediately prosecuted (in particular criminally) and punished.
ARTICLE 11 - PERSONAL DATA
11.1 General: the company HISTOIRES FRANCAISES undertakes to process the personal data collected in accordance with the regulations in force on French territory. In this context, the company HISTOIRES FRANCAISES undertakes, except in the case of exceptions provided for by law, to obtain the consent of the Client each time it collects personal data concerning him (for example by means of cookies). This data is collected and processed for the purposes of customer management, loyalty and promotion, statistics, management of unpaid bills, disputes and customer notices. It is kept for the time strictly necessary for the fulfilment of these purposes and is never communicated to third parties, except where necessary for the execution of the GCS. The fact that a Client does not communicate to the company HISTOIRES FRANCAISES the data concerning him/her and indicated as being obligatory may result in making any use of the Site impossible. The Client has the right to withdraw his consent, to access, rectify, update and delete his data, which he may exercise by contacting the customer service department of HISTOIRES FRANCAISES.
The company HISTOIRES FRANCAISES is in no way responsible in any way whatsoever for the content or functioning of any of the social networks, including those that may be linked to the Site.
When a Customer chooses to block the installation of cookies, it is likely that he or she will no longer be able to access certain terms and conditions of the Site.
ARTICLE 12 - APPLICABLE LAW - PROCESSING OF CLAIMS - LIABILITY
12.1. Applicable law: the GCS are governed entirely by French law.
12.2. Customer service: At any time, the Customer may contact the Customer Service department of the company HISTOIRES FRANCAISES by telephone on +33 (0)220.127.116.11.50. (Monday to Friday from 10am to 6pm), by email by writing to email@example.com or by post to HISTOIRES FRANCAISES SAS, Customer Service, 7 rue BERANGER - 75003 PARIS.
12.3 Failure by the Customer : Failure by the Client to comply with the obligations set out in the GCS (in particular in the event of fraud or attempted fraud or any payment incident) may result in the suspension of access to the Site, or even the termination of the Client's account depending on the degree of seriousness of the actions in question, without prejudice to any damages that HISTOIRES FRANCAISES SAS may seek.
12.4 Liability of the company HISTOIRES FRANCAISES: Unless otherwise provided by law, the company HISTOIRES FRANCAISES cannot be held liable for any indirect prejudice caused by its actions or the products marketed remotely or for prejudice of any kind resulting from the unavailability of the Site. The company HISTOIRES FRANCAISES will also be exonerated from all or part of its liability in the event that it justifies that the alleged damage has been caused by the victim, a third party or in the event of force majeure as defined by article 1218 of the Civil Code. In addition, the parties acknowledge that the following events will automatically be considered as cases of force majeure if they are reasonably beyond the control of HISTOIRES FRANCAISES and despite the fact that they do not meet all the conditions laid down by case law: strikes (announced or not) affecting the performance, by the company HISTOIRES FRANCAISES and/or its own suppliers, of their contractual obligations, contractual non-performance by the company HISTOIRES FRANCAISES resulting from the fact of its suppliers (late delivery by the supplier...) or its carriers (delay, loss of the goods...), lock-out, difficult weather conditions (frost, bad weather...) as well as any event beyond the control of the company HISTOIRES FRANCAISES which makes it impossible or calls into question the financial equilibrium existing on the day the order is placed.