Terms & Conditions
General Terms and Conditions « FILLE DE JOIE PARIS »
All the products distributed on this website are the exclusive property of « FILLE DE JOIE PARIS » company. The authenticity of all the products are guaranted by the company « FILLE DE JOIE ».
According to the Article L. 713-13 of the Intellectual Property Code, the following shall be prohibited, subject to prosecution, unless authorized by the owner, if there is a likelihood of confusion in the mind of the public:
a) The reproduction, use or affixing of a mark or use of a reproduced mark for goods or services that are similar to those designated in the registration;
b) The imitation of a mark and the use of an imitated mark for goods or services that is identical or similar to those designated in the registration.
As defined in the Article L716-9 of the Intellectual Property Code, (Act No. 94-102 of 5 February 1994Article 13 Official Journal of 8 February 1994) (Order No. 2000-916 of 19 September 2000, Article 3, Official Journal of 22 September 2000, in force on 1 January 2002)
(Act No. 2004-204 of 9 March 2004, Article 34 VII, Official Journal of 10 March 2004) Any person, who, for the purpose of selling, supplying, offering for sale or lending goods under an infringing mark,
a) Imports, under any customs regime, exports, Re-exports or tranships goods presented under an infringing mark.
b) Reproduces industrially goods presented under an infringing mark,
c) Gives instructions or orders to commit the acts provided for at (a) and (b) shall be liable to a four-year imprisonment and a fine of € 400.000.
Where the offences provided for under this article have been committed by an organised criminal group, the penalties will be increased to a three-year imprisonment and a fine of € 300.000.
The present general terms and conditions are concluded between,, on one hand the website www.filledejoie.fr , property of the company « FILLE DE JOIE PARIS », sole trader whose headquarters is located on 60, rue de Conde, 77260 La Ferte sous Jouarre, France and registered at Meaux Trade and Company Register under the number 812954329, and on the other hand, every natural person or legal entity (designated hereafter as « the customer ») wishing to complete a purchase on the website www.filledejoie.fr .
The company « FILLE DE JOIE PARIS » is reachable by telephone at the +33 (0)7 80 78 78 40 and by email at firstname.lastname@example.org .
Article 1: OVERVIEW
« The general terms and conditions deal with the following topics:
- General presentation of the products
- Purchase (order proceedings, creation of a customer account…)
- Delivery (period, price range according to the purchase area…)
- After-sales service (returns, refunds, cooling-off period…)
- And other more specific terms and conditions that may not have been mentioned above.
Article 2: AREA
The « FILLE DE JOIE PARIS » products visible on the brand website are commercialized with no geographic limitation, for a specific fee and a specific delivery period according to the purchase area.
Article 3: PRODUCTS AND AVAILABILITY
The company « FILLE DE JOIE PARIS » commercializes ready-to-wear items and fashion accessories.
The retail price is indicated in euros and in dollars.
According to the Article L. 122-1 of the Consumer Code, « It is prohibited to refuse to sell a product, or supply a service, to a consumer without a legitimate reason and to make the sale of a product subject to the purchase of a minimum quantity or to the accompanying purchase of another product or another serves as well as making the provision of a service subject to provision of another service or to the purchase of a product. »
The availability of the products and the indicated prices are available while stocks last. The selling refusal must consequently be considered as legitimate if the product is unavailable of out of stock. The company « FILLE DE JOIE PARIS » is doing everything to ensure the unavailability of a product or an out of stock product, even if the price is still indicated for information purposes only, in order to give the stock status in real time.
In the case of the customer has placed an order of an unavailable product which was not pointed out as such, the company « FILLE DE JOIE PARIS » commit to inform the customer about the product stock status, by email or by telephone.
In case of debit of an amount concerning a product unavailable at the moment of the order, the company « FILLE DE JOIE » commits to refund the customer within thirty days after having received the customer claim.
Article 4: ORDER
Placing an order establishes a sale contract between the customer and the company, subject to availability of the ordered products and to their payment by the customer.
The products displayed on the website are always available, except some products appearing on the collection/look book and mentioned as not for sale or expired products. Those products have either been commercialized previously in limited editions only or have been designed for promotional use only.
Article 5: DELIVERY
The company « FILLE DE JOIE PARIS » is doing everything to ensure the best delivery schedule of the products ordered on the website www.filledejoie.fr, informed in business days in the order recap. The delivery schedule takes effect upon receipt of the customer payment.
According to the Article L.138-1 of the Consumer Code, in case of delay, the company « FILLE DE JOIE PARIS » commit to deliver the goods, in a reasonable period, that being at the latest thirty days after the contract conclusion, which is made valid with the order confirmation email the customer will receive. According to the Article L.138-2 of the same Code, in case of non-delivery at the due date, if not, the latest thirty days after the contract conclusion, the customer can enjoin the company « FILLE DE JOIE » in writing, to make in a reasonable time extension.
In case of non-delivery of the company « FILLE DE JOIE » in this new time extension, the customer can ask, still in writing, the cancelation of the purchase. The cancelation will take effect as soon as the company « FILLE DE JOIE PARIS » will receive the customer’s writing claim.
Attention: The transport of the goods is not the range of expertise of the company « FILLE DE JOIE ». In this way, the delivery schedule is not an essential condition of the contract and could not be opposed to the company « FILLE DE JOIE » with the aim of rightfully cancelling a contract.
Article 6: SHIPMENT
The choice of the carrier (implying shipping costs according to the order destination fare zone) is let at the discretion of the customer during the payment of the order, among a various offer of transport partners.
The indicated delivery dates are average dates and are the result of the treatment time, the packing time and the delivering time of the order. These dates take effect upon receipt of the order confirmation email, at the latest 48 hours after purchase.
In case of delay of the order shipment, the customer will be noticed of it via email, as soon as possible
Article 7: Invoicing
For every order, the website www.filledejoie.fr establishes an invoice the day of the shipping of the goods, recapitulating the total amount of the order and listing the ordered products, at the latest 48 hours after purchase.
Article 8: PAIEMENT
Every payment is made during the order:
1. By credit card
When finalizing the purchase, the customer is automatically directed to the secured server of our bank or to Paypal. The customer is then able to enter his credit card number in a secure manner: this number is encrypted before being sent to our bank server. The https address (hyper text transfer protcol secured) in his browser will confirm these encrypted informations.
According to the Law n° 78-17 of January, 6th 1978 related to the Data Protection Act, the personal data figuring in the customer account and known by the company « FILLE DE JOIE » are subjected to privacy. Every customer is allowed to ask for deletion or correction of this personal data, from the company database, by a letter addressed to the home office of the company « FILLE DE JOIE PARIS ».
2. By Paypal
The customer log in to his Paypal account using his user name and password. His Paypal account will then be debited according to the payment terms he previously defined with Paypal, on his account.
Attention: Since January, 1st 2013, every late payment occurring between professionals, makes the debtor indebted of a fixed 40 euros compensation for collection charges, according to the Law March, 22nd 2012 related to the Rights Simplification, which transpose in French Law, the February, 16th 2011 directive, concerning the late payment fighting.
Article 9: PERIOD OF WITHDRAWAL / RETURNS OF THE PRODUCTS
According to the Article L.121-21 of the Consumer Code, « every consumer has 14 days to use his period of withdrawal for a distance established contract, following a cold calling or out of an establishment, without having to motivate his decision or to pay more costs than those mentioned in the articles L.121-21-3 to L.121-21-5. Every clause for which the consumer gives up his withdrawal period right is null. » This period is extended to the first following business day if it expired on a Saturday, on a Sunday or on a public holiday. The 14 days period take effect from the day after the receipt of the goods by the customer.
Attention: In order to be refunded, all the products must be sent back in their original conditions and in their original packaging to the following address: FILLE DE JOIE Paris, 60 rue de Condé, 77260 La Ferté Sous Jouarre, France.
In the framework of the said withdrawal period right, the company « FILLE DE JOIE » reserve the right to refuse to refund any product that would prove to be incomplete, soiled, washed or worn away in any manner, or even do a reduction of the amount of the initial refund price, according to the return condition of the items.
If the above-mentioned conditions are fulfilled, the company « FILLE DE JOIE PARIS» commits to refund the money to the customer within a maximum period of 30 days from the receipt date of the returned items. The costs and risks related to the reshipment are to be paid by the customer. Consequently, it is his responsibility to preserve the proof of his return. The company « FILLE DE JOIE PARIS » recommend to the customer to return the products with a recorded delivery package or with any other mean that would prove the reshipment. On the reshipment papers should figure the following information: name, surname, recipient address, shipping date, tracking or package number and order reference number.
Article 10: LIMITED LIABILITY
The company « FILLE DE JOIE PARIS » his doing best efforts regarding his customers. She is not responsible of the losses and damage that may result from a case of force majeure or from an unpredictable third party or customer’s fact.
It is therefore expressly agreed that every perturbation, that would occur for any reason during the service, every external intrusion or computer virus, cannot be under the responsibility of the company « FILLE DE JOIE PARIS »
In this way, in case of customer dissatisfaction, for any reason, the customer will not be able to ask for another compensation than the refund of his order.
Article 11: GOVERNING STATUTE
The contractual relationship between the company « FILLE DE JOIE » and the customer are subjected to the French Law.
Apart from the civil reparation due to the owner of the brand, and an eventual seizure of the counterfeited products or services, the counterfeiting or imitation also indictable of penal prosecution. The law punishes in this way the counterfeiter with a maximum prison penalty of 3 years and a fine of 300 000€ every person who offers to sale or directly sales counterfeited or imitated goods.
If this infraction is committed within an organized group, the maximum prison penalty will be extended to 5 years and a fine of 500 000 €. The amounts of these punishments are doubled in case of recidivism. Same for the case of the offender is or has been committed by contract with the injured party. Supplementary sentences may be given (products seizing, establishment closure…)