a) Legal notices
www.fourrure-privee.com (hereafter “this website”) is edited by the Luxe Diffusion company (hereafter “the editor”), Limited Liability Company (Sarl) with a capital of 5000 Euros, registered with the Trade and Companies (RCS) of Fréjus under the number B 791821762, and whose registered office is at 56 avenue des Hirondelles, 83580 Gassin, intra-community VAT No: FR 94 791821762. The editor can be contacted by phone at +33 (0) 220.127.116.11.52 or by email at the following address: firstname.lastname@example.org.
This website is hosted by Gandi SAS, whose registered office is 2 rue Kellermann 59100 Roubaix.
The publishing director and person responsible for the composition of this website is Annie-Claude Leplat.
This website is free to access and open to any internet user. It concerns the online sale of fur products and various related accessories.
c) Acceptance of terms and conditions
The request of this website involves the acceptance, by the user, of these terms and conditions. The user acknowledges the fact of having taken full knowledge. This acceptance will, for the user, validate these terms and conditions. The validation of terms and conditions shall be deemed to hold the same value as a handwritten signature. The user acknowledges the evidence of automatic record systems of the editor of this website, and, except for providing evidence of the contrary, the user will not contest this in the case of a dispute. The acceptance of these terms and conditions assumes, on the part of the user, that they benefit from the legal capacity necessary for this, or if they have permission from a guardian or trustee if they are unable, to be their legal representation if they are minors.
2. Subscription order methods and description of the purchasing process
The availability of products is indicated on this website, in the description of each item. To place an order, users can select one or more products and add them to their shopping cart. When their order is complete, they can access their shopping cart by clicking on the button provided for this purpose.
By accessing their shopping cart, users will have the option to check the number and nature of their chosen items, and will be able to check the unit price and overall price of their order. They will be able to remove one or more of the items from their shopping cart. On this overview, customers will also be shown the availability they have or do not have to exercise their right of withdrawal as well as deadlines which apply.
If the order is correct and the user wishes to validate it, the user can click on the submit button, they will then have access to a form in which they can either enter their login credentials if they already have them, or register on the website by filling out the form presented to them with their personal information.
Once they are connected or once they have fully completed the form, customers will be invited to check, or change their contact information, delivery address, billing options, read and accept the terms and conditions, then make their payment through being directed on the secure payment interface.
Once payment has been received by the editor of the website, the aforementioned commits to sending the customer an electronic receipt, within a reasonable amount of time. Similarly, and within the same time period, the editor agrees to send the customer an email with a summary and confirmation of the order, repeating all information related to the order, the products ordered, the delivery, as well as how to exercise the right of withdrawal.
The prices listed on this website are all in Euros, including all taxes, excluding shipping fees. These prices are subject to change at any time by the editor; prices are valid until the date of the order and will not have any future effect. The price applicable to the customer is the price that is shown on the date of the order.
Delivery costs will be, in any case, indicated to the customer before any regulations and only concern deliveries in France, including Corsica. For any other place of delivery, it will be up to the customer to contact customer service.
4. Retention of ownership clause
Products sold remain the property of the editor until full payment has been received, in accordance with this retention of ownership clause. Risks are transferred to the customer as from the delivery.
5. Payment-related information
The user can place an order on this site and make their payment by cheque, bank transfer and credit card.
Payments by credit cards are made via secure transactions provided by the service provider: Société Générale. In the context of credit card payments, the editor of this site does not have any access to data on the user's payment means. Payment is made directly from the banking institution.
If making a payment by cheque or bank transfer, delivery times, outlined in the section below, shall only run from the actual date when the editor has receipt of payment, this can be proved by all means. In this regard, failing to receive payment from the customer within seven days will result in the order being cancelled and the products put back on sale on the website.
a) Delivery date
Orders are delivered by post (Colissimo), TNT Express, TNT Express International in a period of thirty days from when the full payment is received for the order.
Some products or certain volumes of orders may result in a longer delivery time, this will be expressly stated and brought to the customer's attention during the validation of the order.
b) Delivery errors and visible defects
The customer agrees to verify the product's compliance with the order upon delivery. Any error of delivery with respect to a visible defect will be the subject of a complaint within three days from delivery. After this period, the client can no longer rely on a delivery error or defect.
c) Damage and partial loss
If upon delivery a package is clearly and visibly damaged, incomplete or contains damaged items, it is the duty of the client to refuse the order in order to take advantage of the guarantee offered by the carrier. The customer must also inform the seller straightaway, in order for a new package to be prepared, and then shipped upon receipt of the damaged parcel being returned. In such cases, the delivery times indicated above in these terms and conditions shall no longer apply.
7. Consumer rights provisions
a) Customer service
The editor’s customer service will be available from Monday to Saturday, 09:00 to 19:00 with the following non-premium telephone number: +33 (0) 18.104.22.168.52, contactable by email at the following email address: email@example.com and by postal mail to the following address: Luxe Diffusion, 56 avenue des Hirondelles, 83580 Gassin. With regards to the latter two addresses, the editor will endeavour to reply within two business days.
b) Right of withdrawal
Conforming to the terms and conditions presented, customers have a period of fourteen days from the date of the receipt of their parcel to ask for reimbursement. In order to exercise this right, they must return the parcel, at their own expense, to the company’s headquarters at this address: Luxe Diffusion, 56 avenue des Hirondelles 83580 Gassin, along with a letter requesting reimbursement. Excluded from the above provisions, the customized products that can not be refunded or exchanged under Articles L 121-2 of the Consumer Code.
All returns must be made complete (original packaging, manuals, accessories, copy of the invoice) and returned products must be in perfect condition for resale, they will neither be worn (the label must still be attached to the product), or soiled, or damaged due to their fitting.
Any delay in delivery of more than seven days may result in the cancellation of the sale if the customer wishes, upon written request from the customer by registered mail with a return receipt requested. The consumer will then be reimbursed for amounts incurred by the customer in the order. This clause is not intended to apply if the delay in delivery is due to the customer or a case of unforeseeable circumstances beyond the control of the editor.
In such cases, the customer agrees not to exercise prosecution against the website and its editor and waives the cancellation of the sale under this section.
8. Guarantee for products purchased on this website
All products sold on this site are marketed in compliance with the laws and regulations in force and receive all the necessary approvals to be placed on the market.
In the case of a defect for products purchased on this site customers have, under the provisions of the Civil Code regarding the legal guarantee against hidden defects, a period of two years from the date of discovery of the defect of that product to seek compensation or a refund, and in application of article L211-5 of the Consumer Code they have a period of two years from receipt of the product to request an exchange or a repair, assuming that the delivered package is not in accordance as defined by the aforementioned section. To exercise any of these rights, it is up to them to approach the customer service of the publisher.
A defective item, under normal conditions of use, renders it unfit for the use of which it was intended for, and the obligation of compliance is understood as the handing over of the contractually agreed, the editor of this site is especially not responsible for normal wear and tear, non-compliance with the instructions for usage or maintenance, or accidental damage resulting from abnormal use of the products.
9. Personal account
a) Creation of personal account
The creation of a personal account is a prerequisite for any customer order on this website. To this end, the user will be asked to provide certain personal information. The user agrees to provide accurate information under penalty of termination of the contract and deletion of the personal account on the decision of the editor.
Some information will be essential to the contract and its collection will be essential to the creation of a personal account and validation of the order. The refusal by a user to provide such information will effectively prevent the creation of personal account and, incidentally, the validation of the order.
This account allows the customer or member to view all orders made on the site and track the delivery of goods purchased.
If the data contained in the personal account section were to disappear as a result of unforeseeable circumstances or technical failure, responsibility will not go to this website’s editor, due to this information having only an informative nature. The editor will, however, securely maintain all contractual elements whose conservation is required by law or regulations.
The editor reserves the exclusive right to delete the account of any member who may have breached these terms and conditions (including, but not that this example has any completeness, where the member has knowingly provided false information during their registration and the creation of personal account) or is inactive for at least a year. Said deletion is not likely to constitute harm to the excluded member who may not claim any compensation as a result.
When the facts are warranted, this deletion does not exclude the possibility, for the editor, to undertake judicial proceedings against the member.
During the creation of a personal account, the user is prompted for a password. This password is the guarantee of confidentiality of information contained in the personal account and the user therefore agrees not to transmit or communicate it to third parties. Otherwise, the site will not be held liable for the unauthorised access of a member’s account.
10. Editor’s Newsletter
By ticking the box provided for this purpose, users accept that the editor can send them a newsletter, of a frequency and format of the user’s choosing, pertaining to information relating to this business.
When the user ticks the box provided for this purpose, they accept that they will receive offers from the editor of this website for products and services similar to those ordered.
Customers have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, this present in each of the newsletters.
11. Data Protection Act of 6th January 1978 notice
a) General points – purpose- duration
Users have the option of freely providing personal information about them. Providing personal information is not essential for navigation on the site. However, registering on this site involves the collection of personal data of internet users by the editor. Customers not wishing to provide the necessary information to create a personal account cannot place an order on this site.
The data collected is necessary for the proper administration of the services offered on this website as well as compliance by the editor of contractual obligations. This data is retained by the editor in this unique quality, and the editor agrees not to use them in any other context or pass them on to third parties outside the express consent of users or as provided by law.
Contact information for all users registered on this site is stored for a maximum of one year from the deletion of a personal account, reasonable time necessary for the proper administration of the site and normal use of data. This data is kept under secure conditions, according to the current means of technique, in accordance with the provisions of the Data Protection Act of 6 January 1978.
b) The right to access, rectify and delete
In accordance with the latter section, users have the right to oppose, query, access and rectify the data they have provided. For this, they need only make a request to the editor of this website, by making it out to the following address: firstname.lastname@example.org, or by postal mail to the headquarters of the editor mentioned at the beginning of these terms.
Personal data collected is subject to computer processing and is exclusively reserved to the site editor. The collected personal data is not subject to any transfer abroad.
The controller is Mr Thibault Leplat.
CNIL number: 1663479vO
c) IP Address
Furthermore, the editor reserves the right to collect the IP (Internet Protocol) address of all Internet users. The collection of this IP address will be done anonymously; it will be retained for the same duration as the personal information and will only be used for the proper administration of the services offered on this site. The IP address is a series of separate points and figures to uniquely identify a computer on the Internet.
The editor will communicate any personal data about a user to the police (on judicial requisition) or any person (by order of the judge). The IP address of any computer can be reconciled with the actual identity of the subscriber held by the ISP (internet service provider).
12. Collection of “Cookies” notice
a) General points- purpose- duration
To allow all users an optimal navigation of this site and a better functioning of the various interfaces and applications, the editor may start to use a cookie on the user's computer. This cookie allows you to store information relating to navigation on the site (date, page, hours) as well as any data entered by users during their visit (search, login, email, password). These cookies are meant to be kept on the user's computer for a variable period of up to six months, and can be read and used by the editor at any subsequent visit to this website.
b) Right to object to the usage of cookies
The user has the ability to block, modify the retention period, or delete cookies via their browser interface (usually: tools or options / privacy or confidentiality). In this case, browsing through this website will not be optimised. If the disabling of cookies on the user's browser prevents it from using certain services or functionality provided by the editor, this malfunction can not in any way constitute harm to the member and the member may not claim any compensation due to this fact.
c) Deletion of cookies
Users also have the option to delete cookies present on their computer, by going to the menu of their browser intended for this purpose (usually tools or options / privacy or confidentiality). Such action has no impact on their navigation on this site, but users lose all the benefit provided by the cookie. In this case, they will have to enter all the information about themselves again.
13. Exemption from liability of the editor in the context of the implementation of this contract
If unable to access the site due to technical problems of any kind, the user may not claim damages and will not be entitled to any compensation.
The unavailability, including unavailability of a prolonged period or without limitation, of one or several products, cannot be constitutive of damages to users and cannot possibly give rise to the award of compensation from the website or its editor.
The editor shall in no event be liable for non-performance or improper performance of the contract which may be directly or indirectly attributed to the user or to a case of unforeseeable circumstances, as outlined by the courts of French law.
Products sold on this site are marketed in accordance with the laws and regulations in force in France, the editor cannot be held responsible for non-compliance with regulations and laws in force in other countries.
Visual representations of the products published on this website are guaranteed by the editor as being perfectly faithful to reality, in order to satisfy the editor’s obligation to provide correct information. However, given the current state of technology, the rendering of these products especially in terms of colour or shape can slightly vary from one computer to another or differ from reality depending on the quality of the graphical accessories of the computer screen or on the resolution of the display. These variations and differences may in no case be attributed to the editor who shall, in no event, be held liable.
The hyperlinks on this website may refer to other websites and the editor of this site cannot be held responsible if the content of these sites contravenes the law. Also the responsibility of the editor of this site cannot be taken if the user is caused harm by visiting one of these sites.
14. Intellectual property rights relating to information published on this website
All elements of this website belong to the editor and are protected by legislation relating to intellectual property.
Users therefore acknowledge that, in the absence of authorisation, any copy or partial copy and any distribution or operation of one or more of these elements, whether modified or not, will likely give rise to legal prosecutions against them by the editor or his beneficiaries.
This protection will include all text and graphics contained on this website, but also its structure, its name and its corporate identity and style guide.
15. Modification of general clauses
These terms and conditions can be modified at any time by the site editor or their agent. The terms and conditions applicable to customers are those applicable on the date of the order. The editor obviously agrees to keep all of the old terms and conditions and send them to any user who so requests.
16. Governing Law and Jurisdiction
These terms are subject to the application of French law and the jurisdiction of French courts. The contract language is French.
17. Friendly settlement of disputes
Except for provisions of public order, any disputes that may arise in connection with the execution of these terms and conditions can be submitted, at the discretion of the editor of this website, for a settlement before any legal action is taken. It is expressly stated that the settlement of claims does not suspend the time limits allowed for instituting legal proceedings.
If any provision of these terms were to be declared void by a court, such invalidity shall not entail the nullity of all other clauses, which continue have their effect.
A failure, for users, not to rely on a temporary or permanent basis of one or more provisions of these terms and conditions shall in any case carry a waiver of the remaining terms and conditions.