General conditions of use: la-frensh.fr
These general conditions of use are up to date on 05/10/2021
DEFINITIONS AND LEGAL NOTICES
1.1 These General Conditions of Use (hereinafter "GTU") are offered by the company LA FRENSH (hereinafter the "Company"), SAS with a capital of 1000 euros, registered in the Trade and Companies Register of Niort under the number 905 058 293, whose registered office is located at 34 bis Avenue de Nantes, Niort (79000). His telephone number is 05 49 24 65 80, his e-mail address is contact@la-frensh.fr.
1.2 Orders are accessible via the la-frensh.fr Site (hereinafter the “Site”).
1.3 The Site offers the Customer (hereinafter the “Customer”) the possibility of taking out a monthly subscription for a pair of sports shoes.
1.4 Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and to subscribe to a subscription contract for shoes on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.
2. APPLICATION AND OPPOSABILITY OF THE TOS
2.1 The purpose of these T&Cs is to define all the conditions under which the Company markets its personalized shoe selection and subscription services (the “Services”). The Services are offered in the form of monthly subscriptions for a period of twelve (12) months (the “Subscriptions”). The Customer also has the possibility of buying the shoes he wishes with cash. The T&Cs therefore apply to any Order (“Order”) for Services placed on the Site by the Customer and to any purchase of shoes.
2.2 The Services are reserved for Customers satisfying the following conditions: be an adult and legally capable person, acting as a consumer residing in the territory of metropolitan France, holder in a personal capacity of a bank account opened with a credit located on French territory, a credit card and a valid e-mail address.
2.3 The Customer declares to have read and accepted these T&Cs before using the rental platform.
2.4 The validation of the subscription to the subscription therefore implies acceptance of these T&Cs. These are therefore regularly updated, the applicable T&Cs are those in force on the Site on the date of subscription. The Customer will be kept informed of changes to the T&Cs by any means.
2.5 Any contrary condition set by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
2.6 The fact that the Company does not avail itself at a given time of any provision of these T&Cs, cannot be interpreted as a waiver to subsequently avail itself of any provision of the said T&Cs.
3. SUBSCRIPTION SUBSCRIPTION
3.1 The Monthly Subscription is taken out for a minimum period of twelve (12) months.
3.2 By taking out a Subscription, the Customer agrees to pay monthly, by direct debit, the amount specified when taking out the subscription. To this end, the Customer authorizes the Company to debit the specified amount according to the selected subscription. The Customer's bank card will be debited every 30 days from the subscription.
3.3 The Customer may terminate his Subscription on the Site by respecting a maximum notice of seven (7) days before the monthly expiry of his Subscription.
3.4 The Customer creates his account, using his valid email and password, which will then serve as his identifier on the Site.
3.5 The Customer is invited to complete the questionnaire submitted to him online.
3.6 The Customer selects the Subscription formula he wishes to subscribe to, and can access the summary of his Order at any time. The Company offers the following subscription formula:
- The €24.90/month subscription includes one (1) pair of shoes every six (6) months. The Shoes can be collected using different collection methods (at home or at a pick-up point).
3.7 After having accessed the summary of his Subscription, the Customer confirms the acceptance of his Subscription by checking the validation box of the T&Cs, then by clicking on the Subscription validation icon. The words "Subscription with obligation to pay" or an analogous formula devoid of any ambiguity appear next to the validation icon of the Subscription in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Subscription.
3.8 After acceptance of the T&Cs and validation of the Subscription with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably, except for the Customer's right of withdrawal (article 9).
3.9 The Customer proceeds to the payment of his Subscription according to the methods specified then in articles 5.3 and following of these T&Cs.
4. IMPLEMENTATION OF THE SUBSCRIPTION
4.1 The Customer must choose the withdrawal method he wishes from among the three choices available to him: home delivery or pick-up point. Delivery costs are free for relay bridge deliveries and €6.90 (euros) for home delivery.
4.2 The Customer acknowledges having received the new shoes, with any accessories, and having chosen them in accordance with his needs without the liability of the Company being engaged.
4.3 The refund may be effective in the case of a cash purchase and a subscription. Returns can be made by post. Return costs are the responsibility of the customer.
5. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER – PURCHASE PRICE OF A PAIR OF SHOES NOT RETURNED
5.1 The sale prices are mentioned on the Site in the descriptions of the Services and the shoes, in euros all taxes included.
5.2 The total amount of the Services ordered is indicated in the summary of the Subscription, before the Customer accepts these T&Cs, validates his Subscription and proceeds to payment. This total amount is indicated inclusive of all taxes.
5.3 The subscription of a Subscription on the Site is payable in euros, and by bank card exclusively. Payment is withdrawn from the Customer's account each month.
5.4 The Site uses a secure system for online payments. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secure system is therefore fully encrypted and protected. Bank details are not stored electronically by the Company.
5.5 The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when taking out the Subscription.
5.7 The Company reserves the right to suspend or cancel any execution of a Subscription, whatever its nature and its level of execution, in the event of non-payment or partial payment of any sum which would be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site and the payment of a Subscription.
6. CUSTOMER SERVICE
6.1 For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the Customer Service of the Company, in order to allow the latter to try to find a solution to the problem.
6.2 The Company's Customer Service can be accessed using the following contact details:
- email: contact@la-frensh.fr
- mail: 34 bis Avenue de Nantes, Niort (79000)
7. LEGAL AND COMMERCIAL GUARANTEES
7.1 Legal guarantees
All Subscriptions and shoes offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and the guarantee against hidden defects provided for by articles 1641 and 1648, first paragraph of the Civil Code. If a Customer believes that he has received a pair of shoes that is defective or non-compliant, he must contact the Company as soon as possible from the first day of receipt at the following email address: contact@la-frensh.fr or by registered mail with acknowledgment of receipt to the following address: 34 bis Avenue de Nantes, Niort (79000) specifying the defect or non-compliance in question. It will be up to the Customer to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Customer must allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or having a third party intervene for this purpose. If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having taken cognizance of the complaint thus formulated, and, if necessary, will replace the shoes whose Company would have had to note the lack of conformity, or the defect.
In the event that the exchange of shoes is impossible, the Company will be required to reimburse the Customer within fourteen days of receipt of the pair of shoes, and in proportion to the rental time of the pair which is the subject of the default. conformity. Reimbursement will be made on the proposal of the Company by crediting the Customer's bank account, the Customer being able to opt for another method of reimbursement than that proposed. Each pair of shoes is processed upon return by a professional service and thoroughly inspected by the Company. However, the Company cannot be held responsible for the event that some minor imperfections escape its control.
8. CUSTOMER OBLIGATIONS
8.1 The Customer agrees that he only uses the Site for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:
- To use the Site in any illegal way, for any illegal purpose or in any way incompatible with these T&Cs,
- To sell, copy, reproduce, rent, lend, distribute, transfer or license all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site,
- To attempt to obtain unauthorized access to the computer system of the Site or to engage in any disruptive activity, diminishing the quality or interfering with the performance or deteriorating the functionalities of the Site.
- Using the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site,
Infringe the intellectual property rights of the Company or third parties (in particular manufacturers and other holders of rights to the shoes) and/or resell or attempt to resell the shoes to third parties,
- To denigrate the Site, its Services or the shoes as well as the Company on social networks and any other means of communication,
8.2 If, for any reason, the Company considers that the Customer does not comply with these T&Cs, the Company may at any time, and at its sole discretion, delete its access to the Site and its account and take all measures including any legal action. civil and criminal proceedings against him.
9 . RIGHT TO RETRACT
9.1 You have the right to withdraw from the Contract without giving any reason within FOURTEEN (14) days. The withdrawal period expires FOURTEEN (14) days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the goods or of the last goods in the event of separate delivery of a single order.
9.2 To exercise the right of withdrawal, you must notify us of your decision to withdraw from the Contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail), by post to La Frensh- 34 bis avenue de Nantes 79000 NIORT and by email to contact@la-frensh.fr. You can use the model withdrawal form but it is not mandatory. You can also send via the website the model withdrawal form or any other unambiguous declaration. If you use this option, we will send you an acknowledgment of receipt of the withdrawal without delay on a durable medium (eg by e-mail).
9.3 For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.4 Effects of withdrawal
In the event of your withdrawal from the Contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less costly method of standard delivery offered by us) without undue delay and, in any event, no later than FOURTEEN (14) days from the day on which we are informed of your decision to withdraw from the Contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this refund will not incur any costs for you. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first.
9.5 You must send back or return the goods without undue delay and, in any event, no later than FOURTEEN (14) days after you have informed us of your decision to withdraw from the Contract. This deadline is deemed to have been met if you return the goods before the expiry of the period of FOURTEEN (14) days.
9.6 You will bear the direct costs of returning the goods.
9.7 Your liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property.
10 . INFORMATION ON THE LEGAL GUARANTEE OF CONFORMITY AND ON THE LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
10.1 La Frensh is liable for lack of conformity of the Products under the conditions of article L. 217-4 and following of the Consumer Code and for hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code .
10.2 When acting as a legal guarantee of conformity, the consumer:
- benefits from a period of TWO (2) years from the delivery of the goods to act;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods for TWENTY-FOUR (24) months.
10.3 The legal guarantee of conformity applies independently of any commercial guarantee granted.
10.4 The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the price in accordance with in article 1644 of the Civil Code.
10.5 Article L. 217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
10.6 Article L. 217-5 of the Consumer Code The good complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
10.7 Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by TWO (2) years from the delivery of the goods. Article L. 217-16 of the Consumer Code When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, to restore covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
10.8 Article 1641 of the Civil Code
The seller is bound by the guarantee on account of hidden defects in the thing sold which render 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 have paid less if he had known them.
10.9 Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within TWO (2) years from the discovery of the defect.
11. LIABILITY
11.1 The Company implements all appropriate measures to ensure the Customer the selection and supply, under optimal conditions, of quality shoes. However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the liability of the Company were to be engaged, it could in no case accept to compensate the Client for consequential damages or whose existence and/or quantum would not be established by evidence.
11.2 The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
11.3 The establishment of such links or the reference to any information, articles or services provided by a third party, should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements or of their contents.
11.4 The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, shoes and other information disseminated on these websites.
11.5 It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers would reject, for example because of an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Subscription referred to in article 3.8 of these T&Cs and the follow-up e-mail 'dispatch.
11.6 The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
12. PERSONAL DATA – SECURITY
12.1 The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.
12.2 As part of the selection and supply of shoes, the Company collects personal data from Customers and in particular the following data:
- E-mail address
- First name
- Name
- Address,
- Phone,
Date of Birth
His size
12.3 The Company collects and processes the personal data of Customers for the following purposes:
- Selection and supply of shoes on the Site;
- Management of subscriptions;
- Management of returns, right of withdrawal, payment...
Company Information,
Information related to the animation of the Services, and the activities of the Company, News, Invitations, etc..
Response to any questions/complaints from customers;
Development of statistics and feedback;
Management of requests for rights of access, rectification, opposition, deletion and portability;
Management of outstanding payments and disputes.
12.4 Data relating to the management of Customers' personal data is kept for the strictly necessary period as defined by the Data Protection Act, as amended, and the European Regulation on the protection of personal data in force since May 25, 2018.
12.5 Customers' personal data is processed by the Company's sales department as well as by the Company's partner companies and subcontractors.
12.6 The Company may also communicate personal data in order to cooperate with administrative and judicial authorities.
12.7 The Company may also communicate Customers' personal data in an adequate and appropriate manner and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons. .
12.8 Customer Obligations
- Customers acknowledge that the personal data disclosed by them is valid, up-to-date and adequate.
- Customers undertake not to infringe the privacy, image and protection of personal data of any third party and thus not to communicate to the Company the data of third parties without their consent.
12.9 Each computer connected to the Internet network has an IP address. As soon as a Customer browses the Site, the Company collects the Customer's IP address in order to analyze the traffic on the Site and to monitor the Customer's activity on the Site in order to ensure that the latter does not does not carry out acts likely to infringe the General Conditions of Sale appearing on the Site.
12.10 Finally, in accordance with the Data Protection Act dated January 6, 1978 as amended and the European Regulation on the protection of personal data of April 27, 2016, Customers have a right of access, rectification, deletion, a right to portability, as well as a right of opposition for legitimate reasons to the processing of their data collected and processed by the Company, by contacting the Company directly at the following email address: contact@la-frensh.fr
13. COOKIES AND STATISTICAL TOOLS
13.1 As part of the use of the Site by Customers, the Company may use cookies.
13.2 In accordance with CNIL deliberation n°2013-378 of December 5, 2013, the Company also informs Customers that cookies record certain information which is stored in the memory of their hardware/computer equipment. This information is used to improve the use and operation of the Site as well as the other services of the Company.
14. SECURITY
The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Client may not harm or hinder the Company's information system either. Failing this, the Company may take any measure against it and in particular incur criminal liability under Articles 323-1 and following of the Criminal Code.
15. INTELLECTUAL PROPERTY
15.1 All of the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
15.2 The LA FRENSH name and brand, logos, designs and models, stylized letters, figurative brands, and all signs represented on this Site are and will remain the exclusive property of the Company.
15.3 No title or right to any material or software will be obtained by downloading or copying material from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
15.4 The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.
15.5 Any use by the Client of the corporate names, trademarks and distinct signs belonging to the Company is strictly prohibited except in the case of the express and prior agreement of the Company.
16. NEWSLETTER
16.1 By ticking the box provided for this purpose or by expressly agreeing to this, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (newsletter) which may contain information relating to its activity.
16.2 When the Customer ticks the box provided for this purpose in the registration process on the Site to take out his Subscription, he agrees to receive commercial offers from the Company for products similar to those ordered.
15.3 Subscribed members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter (newsletter).
17. LAW APPLICATION AND ATTRIBUTION OF JURISDICTION
17.1 These Terms are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws.
17.2 In the event of a dispute likely to arise during the interpretation and/or execution of these Terms or in relation to these T&Cs, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure. or any other alternative dispute resolution method. The Customer may in particular contact the Service of the e-Commerce Mediator of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http:// www.mediateurfevad.fr. After prior written action by consumers vis-à-vis LA FRENSH, the Mediator's Service may be contacted for any consumer dispute whose settlement has not been successful. To find out how to refer to the Mediator, click here: http:/ www.mediateurfevad.fr/index.php/espace-consommateur/
17.3 In the event of failure of this mediation procedure or if the Customer wishes to take legal action, the competent court will be the Commercial Court, to which the parties attribute exclusive jurisdiction.