Preamble
This site is operated by the company LFAV (LA FAUTE A VOLTAIRE), whose head office is located at 90 rue du commandant Charcot, 69005 Lyon.
LFAV subscribes to the textile recycling organization Re-fashion with the IDU code: FR251110_11KNDD as well as to the plastic recycling organization Citeo registered under the number: FR251110_01FUAU.
The present general conditions of sale apply to all orders placed with the company LFAV (LA FAUTE A VOLTAIRE) for all items and services offered on the website www.fauteavoltaire.fr by non-trading individuals. Consequently, the fact that any person orders a product offered for sale on the LA FAUTE A VOLTAIRE website implies full and complete acceptance of the present terms and conditions of sale, which the Customer acknowledges having read prior to placing an order.
LA FAUTE A VOLTAIRE (LFAV) reserves the right to modify at any time the present general conditions of sale. Nevertheless, the General Terms and Conditions of Sale applicable to the order placed by a Customer on the Site of LA FAUTE A VOLTAIRE are those accepted by the Customer at the time of placing the order.
Article 1: Completeness
The present General Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation the entirety of the provisions of these general conditions of sale. LA FAUTE A VOLTAIRE commits itself to respect its role as a seller within the framework of these conditions.
Article 2: Purpose
The purpose of the present General Conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company LA FAUTE A VOLTAIRE (LFAV) to the Customer, from the order to the delivery, through the payment and the use of services made available by LA FAUTE A VOLTAIRE.
Article 3: Scope of application
The present General Conditions govern the sale of products on the day the order is placed by the customer. They apply to all methods of placing orders offered by LA FAUTE A VOLTAIRE, whether the order was placed by internet, email, Direct Sales or by telephone.
Article 4 : Order
Capacity to contract
Any Customer of the company LFAV (LA FAUTE A VOLTAIRE) declares that he/she has the capacity to contract under the conditions described hereafter, i.e. to be an emancipated minor or to have reached the legal age of majority and not to be protected in the sense of article 488 of the Civil Code.
LFAV (LA FAUTE A VOLTAIRE) reserves the right to refuse any Order from a Client with whom a dispute exists or may arise during the processing of an Order, in particular a payment dispute.
Acceptance of the Conditions by the Customer
These Terms and Conditions can be read directly at www.faute-a-voltaire.com. On simple request of the Customer, they can also be sent by e-mail.
The fact that the Customer ticks the box "I accept the general terms and conditions of sale", before proceeding with the secure payment, constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in the present general terms and conditions of sale under the paragraph "right of withdrawal". The Customer acknowledges by this act to have read and understood the present Conditions and to accept them.
The purchase by phone or email also implies the acceptance of these Terms and Conditions which he acknowledges having previously read, understood and accepted under the conditions mentioned above.
Placing an order
The individual customer can place his order with LA FAUTE A VOLTAIRE by internet 24 hours a day, 7 days a week, or by phone from Monday to Friday from 10am to 1pm and from 2pm to 6pm.
The ordering process consists of 6 successive steps. Once the selection of products made, and the basket validated, the Customer must :
- clearly identify the selected products with the options of colors, sizes, ... indicated on the site www.faute-a-voltaire.com;
- indicate the quantities requested;
- identify himself by entering his Client number and password, which are strictly personal, or by providing all the information usually required for online registration;
- clearly indicate the information required for delivery. This applies in particular to the exact delivery address and any accessibility restrictions of the delivery location (building, floor, code, etc.);
- indicate the delivery method chosen;
- finally, indicate the chosen method of payment.
Once the payment method has been selected, the Customer must proceed with the payment of his order on the secure interface, which will formalize the sales contract between him and LFAV (LA FAUTE A VOLTAIRE) in a firm and final manner.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below.
In all cases, the online provision of the credit card number and the final validation of the order by the Customer will be considered as proof of the order and the payment of the amounts for the products selected in the order. This validation is worth signing and accepting all the operations carried out on the site LA FAUTE A VOLTAIRE.
Order Confirmation
An e-mail is automatically sent to the customer to confirm the order provided that the e-mail address indicated in the registration form does not contain any error.
The Customer must verify the completeness and conformity of the information he/she provides to LA FAUTE A VOLTAIRE. The latter cannot be held responsible for any input errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the return shipment will be charged to the Customer.
Proof of order
The computerized registers, kept in the computer systems of the company LA FAUTE A VOLTAIRE in reasonable conditions of security, will be considered as proof of the communications, orders and payments made between the parties.
The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 5: Product information
Product characteristics
The information, characteristics, photographs and graphics presented on the sites or in the e-mails sent by LA FAUTE A VOLTAIRE are given for information purposes only. In particular, LA FAUTE A VOLTAIRE cannot be held responsible for any difference in the perception of shapes and colors between the photographs or graphics presented and the products. LA FAUTE A VOLTAIRE will do its best to ensure that the photographic representation of the products on the website www.faute-a-voltaire.com is as accurate as possible. Nevertheless, it is possible that the perception of the product(s) does not fully correspond to the products. The products are presented in photographs sometimes with other products. The description will mention what is or is not part of the product.
LA FAUTE A VOLTAIRE shall not be held liable for any indirect or consequential damages arising out of or in connection with the purchase of the Products, including but not limited to loss of profit, loss of opportunity, damages or expenses. LA FAUTE A VOLTAIRE cannot be held responsible for any loss of data, files or damages defined in the previous paragraph.
Product availability
LA FAUTE A VOLTAIRE commits itself to honor the orders received only within the limit of the available stocks of products or within the limit of the available stocks at its suppliers. If the Product(s) is (are) not available, LA FAUTE A VOLTAIRE undertakes to inform the Customer as soon as possible. LA FAUTE A VOLTAIRE reserves the right to modify the assortment of products according to the constraints imposed by the current stocks.
Availability may vary within a day depending on the level of sales. LA FAUTE A VOLTAIRE updates the availability very frequently, but cannot be held responsible if the stock is not the same as the one indicated. More precise information can be given to the Customer by telephone and e-mail.
The unavailability of a product is mentioned on the page of the product concerned or in the summary of the basket. Thus, the Products may appear with the mention of the shipping time of the type "in stock" or "Product not available" ...
If LA FAUTE A VOLTAIRE cannot supply a product ordered, the company will notify the customer of the cancellation of the purchase by e-mail. The latter may then request a refund of the sums paid within 30 days at the latest of their payment, or the exchange of the unavailable product for another product, or the cancellation of the order. No cancellation penalty will be applied for such order cancellation. No compensation for cancellation (apart from a full refund of the Order) may also be claimed, such unavailability resulting from the time required to update such unavailability
LA FAUTE A VOLTAIRE shall not be held responsible for the non-execution of the contract concluded in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, notably of the postal services and means of transport and/or communications, flooding, fire.
Article 6 : Prices
The prices are indicated in Euros including all taxes and are applicable only on the date of the order validation by the Customer. For your information, the prices on the site may appear in other currencies, but the price to be paid is in euros and is always clearly indicated before the order confirmation.
The prices displayed on the site are subject to change at any time.
Prices do not include delivery charges, gift wrapping charges, possible promotional offers and personal discounts, indicated before the final validation of the order.
The prices take into account the French V.A.T. applicable on the day of the order and any change in the legal rate of V.A.T. will be automatically reflected in the price of the products presented on the site, on the date stipulated by the decree of application. However, the prices cannot be modified once the Customer's order has been placed. In the same way, if one or more taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the articles present on the www.faute-a-voltaire.com site.
Article 7: Payment
Means of payment
The Customer can pay his order online by Paypal or by credit card: Carte Bleue, Visa and Eurocard-Mastercard. The Customer guarantees LA FAUTE A VOLTAIRE that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. Purchases are debited from the customer's account at the time the order is processed.
LA FAUTE A VOLTAIRE implements all necessary means to ensure the security and confidentiality of the data transmitted online. For this purpose, the site uses PAYPAL business which ensures maximum security of online payments.
LA FAUTE A VOLTAIRE reserves the right to suspend any order and any delivery in case of refusal to authorize payment by Paypal or credit card from officially accredited organizations or in case of non-payment. The company LA FAUTE A VOLTAIRE reserves the right to refuse to make a delivery or to honor an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
As part of an order verification procedure designed to ensure that no one uses another person's bank details without their knowledge, the Customer may be asked to send a copy of an identity document and proof of address to LA FAUTE A VOLTAIRE by fax or e-mail. The order will be validated only after reception and verification by our services of the parts sent. If these documents are not received within 15 days of the order being placed, the order will be considered cancelled as of right.
Invoice
The order form that the Customer establishes online or the order confirmation sent by e-mail to the Customer by LA FAUTE A VOLTAIRE does not serve as an invoice. The invoice is attached to the package.
LA FAUTE A VOLTAIRE keeps an electronic copy of each invoice.
Transfer of ownership
LA FAUTE A VOLTAIRE remains the owner of the delivered Products until they are paid in full by the Customer. The above provisions do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products subject to retention of title as well as any damage they may cause, upon delivery of the Products.
Article 8 : Delivery
Delivery areas
The geographical area of delivery of the offer of the store LA FAUTE A VOLTAIRE is the following:
- Metropolitan France, Corsica, Monaco ;
- Europe;
- Rest of the world: The Customer can contact LA FAUTE A VOLTAIRE's customer service to have more information about the delivery conditions in a specific country in the world.
Delivery services
The products are delivered to the address indicated by the Customer on the order form. The Customer must verify the completeness and conformity of the information he/she provides to LA FAUTE A VOLTAIRE. The latter cannot be held responsible for any input errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the order will be fully charged to the Customer.
LA FAUTE A VOLTAIRE shall not be held responsible for delays in delivery due to errors or disruptions attributable to the carriers (including in particular in case of total or partial strike of the postal services and means of transport and/or communications).
Shipping time
Orders placed online via www.faute-a-voltaire.com are collected daily from Monday to Friday, except on holidays. LA FAUTE A VOLTAIRE does its best to process and ship the same day any order before 11am, nevertheless the time of processing and preparation of an order can be lengthened according to the articles and last between 1 and 2 working days. Upon receipt of the shipment confirmation email, the Customer can take into account the carriers' delays announced below.
LA FAUTE A VOLTAIRE informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
In the case of an order that includes one or more unavailable Products as well as one or more available Products, LA FAUTE A VOLTAIRE will ship the order of the available items after having informed the customer by email. Unavailable items will be refunded or exchanged according to the customer's choice.
An e-mail is automatically sent to the Customer at the time of shipment of the Products provided that the e-mail address indicated in the registration form does not contain any error.
Delivery times
The transport time depends on the carrier chosen by the Customer and the place of delivery.
LA FAUTE A VOLTAIRE informs the Customers of the delays that are announced by the chosen carrier. The shipping costs are given as an indication (for Metropolitan France) at the time of the basket and are confirmed definitively according to the mode of transport and the destination of delivery chosen, before the final validation of the order.
However, LA FAUTE A VOLTAIRE informs its Customers that the announced delays do not include Saturdays, Sundays and holidays.
Means of delivery in metropolitan France
- Standard delivery by GLS, DHL or
Colissimo
(usually 48 hours)
This method of delivery allows the Customer to receive his parcel within 48 hours from the time of shipment thanks to the Post Office and the Colissimo expert service (excluding the time of processing and preparation of the order which can take from 1 to 2 days). Deliveries are made from Monday to Saturday morning, except on public holidays. The cost of this option depends on the total weight and volume of the items ordered.
The parcel is taken in charge by the Post Office and given against signature to the delivery address indicated by the Customer. In case of absence at the time of delivery, a notice of passage is left at the delivery address indicated by the Customer, which allows the latter to withdraw his package in the nearest post office. Packages are kept pending at the Post Office for 15 calendar days. In case of non withdrawal within the time limit set by the carrier, the products will be returned to LA FAUTE A VOLTAIRE who reserves the right to reimburse the price of the products, the shipping costs remaining at the charge of the Customer.
Means of delivery outside metropolitan France
In Europe and abroad, delivery is made via various carriers: GLS, Colissimo, Chronopost, UPS, ... The costs incurred depend on the country of destination, the weight and the total volume of the selected items. The costs and deadlines are indicated to the Customer before the final validation of his order.
Packaging
The products are packaged in such a way as to comply with current transport standards, and to ensure optimum protection of the products during delivery. The Customer is asked to respect these same standards when returning a product, whether it is for after-sales service or for a return for convenience. Any damage noted on a product when it is returned due to a problem with the level of packaging that has not been respected may result in a partial refund or a non-refund of the product if it is impossible to resell it in its current state or if the technical problem indicated worsens.
Gift wrapping
LA FAUTE A VOLTAIRE offers its customers a gift wrapping service for non-bulky items such as clothing and accessories.
Customer's responsibility for the verification of packages upon receipt
LA FAUTE A VOLTAIRE reminds the Customer that it is his responsibility to inspect his packages upon reception in the presence of the delivery person and to notify any anomaly (shock, damage of the package, delivery date not in accordance with the normal delivery service deadlines...) to the carrier, as well as to LA FAUTE A VOLTAIRE, within two working days. In the event that such information is not mentioned on the delivery slip presented to the Customer by the carrier, no claim regarding the condition of the package(s) can be accepted a posteriori by LA FAUTE A VOLTAIRE.
Delivery delays related to the carrier
In the event of a delay in delivery in relation to the times announced by the carriers, the Customer must contact the carrier (GLS or DHL) or its distribution office in the case of La Poste, to see if the package is not pending. If necessary, the Customer must contact by phone or by e-mail the Customer Service of LA FAUTE A VOLTAIRE in order to open a file of litigation or investigation to carry out a research of the parcel.
Sometimes packages are lost by carriers. The delays imposed by the carriers imply that the Customer declares the loss within 10 days following the reception of the shipping notice from LA FAUTE A VOLTAIRE. Under these conditions, LA FAUTE A VOLTAIRE will make the necessary claims to the carrier concerned.
If the parcel is found, it will be forwarded immediately to the Customer's home. In the event that the package is not found, the Customer may request the return of the same product (within the time limit of availability), at the expense of LA FAUTE A VOLTAIRE, or the reimbursement of the amount paid. If the product(s) ordered were no longer available at that time, LA FAUTE A VOLTAIRE will reimburse the amount of the products concerned by the loss of the carrier.
Damaged packages
The customer must check the condition of the package in front of the carrier and make the necessary reservations on the delivery slip in case of partial or total deterioration. In the absence of any reservation, the product is deemed to have been accepted by the Customer and may not be the subject of any dispute concerning its delivery.
Article 9: Sponsorship
LA FAUTE A VOLTAIRE offers its Customers the possibility to sponsor one or more people in their circle of friends. Sponsorship consists in encouraging the members of the site who wish to recommend the site to other people, Internet users who are not yet members, so that they in turn discover the world of LA FAUTE A VOLTAIRE. The sponsored persons become Godchildren and can in turn become Sponsors. Please note that a Referrer can only correspond to one Sponsor.
To establish a sponsorship relationship, the Recommendee must imperatively register the e-mail of his Sponsor during his identification, to benefit from a voucher of 5,00€ on his first order, otherwise he will lose the advantages linked to this sponsorship. A sponsorship relationship is validated when a Recommendee registers as a member of the site (he or she must not already be a member) and his or her first order is invoiced within 12 months following the sending of the first email inviting him or her to register on the site. If the first order is placed more than 12 months after the Sponsor's first invitation email is sent, no benefits will be granted to the Sponsor.
The Referrer is notified by e-mail each time a validated Referral relationship is credited, which entitles him/her to a €5.00 voucher valid with no minimum purchase amount on the www.faute-a-voltaire.com website.
LA FAUTE A VOLTAIRE reserves the right to make any changes to the sponsorship program, without prior notice or obligation to justify its decision and without being held responsible for such changes.
Article 10 : Right of withdrawal, return and exchange
In the context of distance selling (without the simultaneous physical presence of the parties), the Customer has, according to Article L 121-20 of the French Consumer Code, a period of seven clear days to exercise his right of withdrawal without having to pay any penalties, with the exception of the return costs. This period runs from the day of receipt of the goods by the Customer.
The request for return can be made :
- Either by logging on the LA FAUTE A VOLTAIRE website, in the "Order History and Details" section of My Account: simply check the product and quantities to be returned, fill in the reason for the return and validate by clicking on "Generate a return". The Customer's return request will then be studied and by return e-mail, LA FAUTE A VOLTAIRE will send a return authorization number to be affixed on the parcel, as well as the address where to send back the returned items.
- Or by contacting the customer service of LA FAUTE A VOLTAIRE, by the contact form, by e-mail or by phone, which will indicate to the Customer the modalities to follow.
LA FAUTE A VOLTAIRE suggests to the Customer to return the products by colissimo with a recommendation or an additional insurance of the market value of the products, guaranteeing him, if necessary, the compensation of the products up to their real market value in case of spoliation or loss of these goods. In all cases, the return is at the Customer's risk. It is the customer's responsibility to retain all proof of return.
The returned products must be intact, in perfect condition for resale, in their original packaging. It must not have been worn or used, nor must it have suffered any deterioration, however slight, and it must be in a perfectly clean condition. Any product that is damaged, incomplete, or whose original packaging is deteriorated, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, with the exception of transport costs, which remain the responsibility of the Customer. In the event of the exercise of the right of withdrawal, the Customer will receive a credit note of the sums paid to be used on a future order. The credit is valid for 6 months and is available online in the customer's account. The Customer may also request a refund of the amounts paid. In case of a refund request, LA FAUTE A VOLTAIRE will make every effort to refund the Customer within 30 days.
Article 11: Guarantees
In accordance with article 4 of the decree n°78-464 of March 24, 1978, the provisions of the present cannot deprive the Customer of the legal guarantee which obliges the professional salesman to guarantee him against all the consequences of the hidden defects of the sold thing.
LA FAUTE A VOLTAIRE shall not be held responsible in case of non respect of the legislation of the country where the products are delivered. It is the customer's responsibility to check with local authorities about the possibility of importing or using the products or services you plan to order.
Article 12 : Responsibility
The products offered are in accordance with the French legislation in force and the standards applicable in France. LA FAUTE A VOLTAIRE shall not be held responsible in case of non-respect of the legislation of the country where the product is delivered. It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the products you plan to order.
LA FAUTE A VOLTAIRE cannot be held responsible for any inconvenience or damage related to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions, and more generally for any case qualified as force majeure or third party action by the courts.
Hyperlinks may lead to sites other than www.faute-a-voltaire.com. LA FAUTE A VOLTAIRE declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
Article 13: Force majeure
Neither party shall have failed to perform its contractual obligations to the extent that their performance is delayed, impeded or prevented by an act of God or force majeure.
Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by these last ones, in spite of all the efforts reasonably possible.
The party affected by such circumstances will notify the other within ten business days of becoming aware of the circumstances.
The two parties will then meet, within a period of one month, except in the event of force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
If the force majeure event lasts longer than three months, these terms and conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals:
- Total or partial strikes, internal or external to the company, blocking of means of transport or supplies for any reason whatsoever, governmental or legal restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning
Article 14: Personal data
The visitors or customers of the site www.fauteavoltaire.fr have at any time a right of access, of modification, correction and suppression of the data which concern them in application of the article 34 of the law " data processing and freedoms " of January 6, 1978.
When a Customer registers or places an order, or within the framework of other specific operations, LA FAUTE A VOLTAIRE offers Visitors or Customers the opportunity to receive its newsletters, promotional offers, and/or to register to be informed of its exclusive sales. The Visitor or Customer may at any time modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by e-mail.
LA FAUTE A VOLTAIRE undertakes to effectively take into account the modifications of subscription and unsubscription to the commercial emails distributed by its care as soon as possible according to the necessary processing.
LA FAUTE A VOLTAIRE may also propose to its Visitors or Customers to receive promotional offers from its partners. LA FAUTE A VOLTAIRE may, for commercial purposes, transmit to commercial partners the identity and contact information of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. Users and Customers can modify their choices at any time on the LA FAUTE A VOLTAIRE website.
LA FAUTE A VOLTAIRE uses data collection systems such as cookies. A cookie is a computer file stored on the hard drive of the user's computer. Cookies allow us to indicate a previous visit of the user on the site and to link the user to the personal data left on the site, in particular for the identification of the order basket.
Article 15: Intellectual Property
The entire content (texts, comments, works, illustrations, images, videos, graphics, sounds... including the underlying technologies used) displayed on the present site is reserved under copyright law as well as under intellectual property law and for the whole world. In this respect and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different and even more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code unless prior authorization is obtained from LA FAUTE A VOLTAIRE. Any total or partial reproduction of the catalog of the company LA FAUTE A VOLTAIRE is strictly forbidden.
Any person having a website wishing to place on its site a simple link directly to the site www.faute-a-voltaire.com must request authorization from LA FAUTE A VOLTAIRE. An authorization given by LA FAUTE A VOLTAIRE shall in no case constitute an implicit affiliation agreement and shall in no case be given on a permanent basis. Upon simple request from LA FAUTE A VOLTAIRE, this link must be removed.
Article 16: Completeness of the Conditions
A change in legislation, regulations or a court decision rendering one or more clauses of these General Terms and Conditions of Sale null and void shall not affect the validity of these General Terms and Conditions of Sale. Such a change or finding shall not in any way allow the Customer to breach these Terms and Conditions.
If a condition is not explicitly mentioned, it will be considered as governed by the practices in force in the distance selling sector whose companies are based in France.
The relationship between LA FAUTE A VOLTAIRE and the Customer is exclusively governed by the present terms and conditions to the exclusion of any other terms and conditions appearing on the website www.fauteavoltaire.fr.
Article 17: Duration and application
The present Conditions apply throughout the duration of the online services offered by the company LA FAUTE A VOLTAIRE. They can be modified at any time by LA FAUTE A VOLTAIRE. The applicable Conditions are those in force at the date of the order registration.
Article 18: Territoriality and applicable law
The sales of products of the company LA FAUTE A VOLTAIRE are subject to French law. Any dispute relating to the existence, interpretation, execution or breach of contract between LA FAUTE A VOLTAIRE and the Customer, even in the event of multiple defendants, will, in the absence of amicable agreement, be under the exclusive jurisdiction of the courts of Paris.