Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF USE
AFFAIRES ÉTRANGÈRES, a French simplified joint-stock company (SAS) with a capital of €1,000, whose registered office is located at 38, boulevard Ornano, 75018 Paris, registered at the Paris Registry of Trade and Companies under number 832 785 984 (“AFFAIRES ÉTRANGÈRES”).
Please read these terms and conditions carefully. For further information, please contact us by email at the following address: email@example.com
AFFAIRES ÉTRANGÈRES operates a digital marketplace (the “Marketplace”) accessible at www.affairesetrangeresparis.com (the “Website”) aiming to bring together buyers (the “Buyers”) and professional sellers (the “Sellers”) offering products and clothing for sale at a firm price (the “Products”).
ARTICLE 1 – PURPOSE
These general terms and conditions (the “General Terms and Conditions”) aim to set out the terms and conditions of use of the Marketplace by Buyers and the terms and conditions of sale of the Products between the Seller and the Buyer. These terms and conditions are available for viewing on the Website and by clicking when payment for the order has been accepted.
AFFAIRES ÉTRANGÈRES reserves the right to modify the General Terms and Conditions at any time. These new General Terms and Conditions shall nevertheless not apply to transactions in progress at the time these new General Terms and Conditions take effect.
It should be noted that under no circumstances should AFFAIRES ÉTRANGÈRES be considered the seller of the Products purchased through the Marketplace and the sole Seller, whose identity is indicated on the Product Information Sheet and set out in the special conditions of each Seller (the “Special Conditions”) in Appendix 1 of the General Terms and Conditions, shall be the contracting partner of the Buyer for the sale of the Products.
ARTICLE 2 – USE OF THE MARKETPLACE
Any Internet user may use the Marketplace.
The Marketplace is intended for personal use only. Internet users may use the Marketplace free of charge with no obligation to buy.
To purchase the Products on sale via the Marketplace, the Buyer must fulfil the obligations set out in Article 5.
ARTICLE 3 – Product Information Sheet
Each Product for sale via the Marketplace shall be described in a dedicated Product Information Sheet on the Website (the “Product Information Sheet”).
The Product Information Sheet shall include the following:
The name of the Seller(s) marketing the Product, with a link to information relating to the Seller’s identity;
The description of the Product and its key features;
The price of the Product determined by each Seller.
The availability of the Product;
Any guarantees provided by the Seller for the Product.
ARTICLE 4 – PRODUCT PRICE
The price of the Products on sale via the Marketplace shall be freely determined by each Seller of the Products, in compliance with applicable laws and regulations. The price of the Products shall be indicated in euros including tax and excluding shipping costs. Shipping costs for each Product shall be added before the order is validated by the Buyer. A range of shipping costs shall be included in the Special Conditions.
The Buyer may not negotiate the price of the Products.
In addition, the price may be modified by each Seller at any time without the new price being applicable to an order which has already been validated by the Buyer.
ARTICLE 5 – BUYERS’ ORDERING PROCEDURE
5.1 Buyers must login before making a purchase.
Buyers must have the legal capacity to enter into a contract.
The creation of a customer account is not required to place an order.
Buyers wishing to use their customer account must login by entering their email address (or their AFFAIRES ÉTRANGÈRES customer number) and password.
To create your customer account, you must complete a registration form which includes your contact information (title, first and last names, postal and email address, telephone number and date of birth) and create your personal password. You will then receive an email confirming the creation of your customer account including all your customer data.
In the event your password has been lost or forgotten, the Customer Service Department at AFFAIRES ÉTRANGÈRES should be contacted without delay by completing the contact form on the Website.
By creating your customer account or by placing an order without creating a customer account, you have agreed to provide up-to-date, accurate and complete information.
It should be noted that you are entirely responsible for safeguarding your login information (email address or customer number and password). As a result, it is your responsibility to ensure the confidentiality of this information and to report any fraud or piracy to the Customer Service Department at AFFAIRES ÉTRANGÈRES as expeditiously as possible.
You may also create your customer account by logging in using a simplified procedure via your Facebook account (Facebook Connect).
Your customer account allows you to:
– consult and update your contact information and payment methods;
– track your outstanding orders and consult your order history and refunds for the past 6 months;
– return an item and obtain a refund;
– view the promotional offers for which you are eligible;
– create a list of your favourite products;
– configure your options relating to receiving advertising material.
To delete your customer account, please contact the Customer Service Department at AFFAIRES ÉTRANGÈRES. It should be noted that AFFAIRES ÉTRANGÈRES may also be required to delete a customer account provided that there are no outstanding orders due to regulatory requirements related to personal data.
5.2 Order placement and validation
Ordering Products via the Marketplace is only possible online, on the Website, subject to the following conditions:
Buyers shall add the Products they want to purchase to their cart. Shipping costs shall be borne by the Buyer and will be added to the price of the Products. Where an order has been placed with more than one Seller, the shipping costs provided by each Seller shall be added;
The Buyer shall verify order details and the total price indicated (price of the Product(s) and shipping costs);
The Buyer shall acknowledge the existence of a payment obligation for the order and shall then validate the order;
The Buyer shall indicate a shipping address for the order;
The Buyer shall pay for the order and the order status changes to “being validated”;
AFFAIRES ÉTRANGÈRES shall forward the Product order to the Seller;
The Seller shall provide confirmation of the order to AFFAIRES ÉTRANGÈRES or shall indicate its refusal, no later than four (4) days following transmission of the order by AFFAIRES ÉTRANGÈRES, this however being an exceptional case.
The Buyer shall receive a confirmation email or order refusal notification, containing a link to these General Terms and Conditions;
Where the order has been confirmed by the Seller, AFFAIRES ÉTRANGÈRES shall debit the order amount from the Buyer’s bank account. AFFAIRES ÉTRANGÈRES reserves the right to block the Buyer’s order in the event payment has been declined.
This last step formalises the sales agreement between the Seller and the Buyer. Any validation of the Product order by the Buyer constitutes acceptance of the price of the Products.
For any questions relating to the status of an order, the Buyer should contact AFFAIRES ÉTRANGÈRES.
ARTICLE 6 – PAYMENT METHODS FOR PRODUCTS PURCHASED BY THE BUYER
The Buyer shall make an online payment to AFFAIRES ÉTRANGÈRES for the Product when the order is placed by using one of the following options:
– by credit and debit cards: Carte Bleue, e-carte bleue, Visa, Mastercard, Carte American Express.
– using a PayPal account: in such cases, Buyers shall automatically be directed to their PayPal account. Once the PayPal payment has been validated, the Buyer may proceed to checkout.
AFFAIRES ÉTRANGÈRES shall collect the order amount paid by the Buyer (price of the Product(s) and any shipping & handling) for the Seller only upon validation of the order by the Seller.
ARTICLE 7 – PRODUCT SHIPPING BY THE SELLER
The Products may only be shipped to countries where the Sellers typically ship their Products as specified in their Special Conditions.
All risk of loss of or damage to the Products in transit shall be borne by the Seller. The Buyer shall bear any custom and import duties.
Shipping costs shall be borne solely by the Buyer. Where an order has been placed with more than one Seller, the shipping costs provided by each Seller shall be added.
Shipping shall be carried out in the following manner:
After confirming the order, AFFAIRES ÉTRANGÈRES shall provide the shipping address to the Seller, as provided by the Buyer. The Buyer is responsible for ensuring that the address provided is correct allowing for the ordered Products to be received. AFFAIRES ÉTRANGÈRES and the Seller shall not be held liable in the event of non-delivery of the Product due to an incorrect address provided by the Buyer.
The Seller shall ship the Products that have been ordered directly to the indicated address.
The Buyer shall receive an email from AFFAIRES ÉTRANGÈRES confirming that the Products have been shipped by the Seller.
The Buyer may contact AFFAIRES ÉTRANGÈRES at any time to check the delivery status of the order.
Upon receipt of the order, Buyers may exercise their right of withdrawal or file any claims relating to the Product (damage, nonconformity), in accordance with the terms and time limits set out in Articles 8 and 9 of the General Terms and Conditions.
Where delivery of the Products gives rise to reservations, the Buyer may inform the transporter of these reservations upon delivery.
Pursuant to Article L138-2 of the French Consumer Code, where the Buyer has not received the Product upon expiry of the time limit or by the delivery date provided, the Buyer should inform AFFAIRES ÉTRANGÈRES in order for the Seller to be granted a reasonable extension to fulfil the order. At the end of this time period, where the Product has not been delivered to the Buyer or where the Seller has been unable to prove having delivered the order and where non-delivery is not attributable to the Buyer (e.g. providing an incorrect address), the Buyer may cancel the sale in writing by contacting AFFAIRES ÉTRANGÈRES. AFFAIRES ÉTRANGÈRES shall then inform the Seller and refund the price paid by the Buyer.
ARTICLE 8 – BUYERS’ RIGHT OF WITHDRAWAL
Pursuant to Article L121-21 of the French Consumer Code, each Buyer has a right of withdrawal within fourteen (14) days from the date of receipt of the Product, making it possible to return the Product without giving any reason or paying a penalty. The Seller may nonetheless extend the Buyer’s withdrawal period. In such cases, this period shall be stipulated in the Special Conditions by the Seller.
It should be noted that any Product may be returned, except for products set out in Article L121-21-8 of the French Consumer Code, including Products which have been personalised or made to the consumer’s specifications, Products which are likely to rapidly deteriorate or expire, Products which have been opened by the Buyer after delivery which cannot be returned for reasons of hygiene and safety, audio and video recording Products or software which have been opened by the Buyer after delivery or any other product within the framework of legally accepted exceptions. The Products must not have been subject to extended wear and must not have been washed or damaged. They must be returned intact with any accessories, user manual and other documentation.
Buyers shall exercise their right of withdrawal in relation to AFFAIRES ÉTRANGÈRES by means of an unambiguous declaration of their decision to withdraw by completing the standard withdrawal form downloadable here [LINK TO BE ADDED]. AFFAIRES ÉTRANGÈRES shall promptly acknowledge receipt of the withdrawal.
The Buyer should return the Product only to the address provided by AFFAIRES ÉTRANGÈRES, within fourteen (14) days following the declaration of the decision to withdraw. AFFAIRES ÉTRANGÈRES or the Seller shall not be held liable for any loss of the Product in the event the Buyer fails to return the Product to the indicated address.
It should be noted that the return shipping costs of the Products shall be borne by the Buyer, unless noted otherwise by the Seller in the Special Conditions. In addition, the return shipping costs of the Products that cannot be returned by the French Postal Service (products weighing more than 30 kg) are set out in the Special Conditions of each Seller.
In the event the right of withdrawal is exercised within the aforementioned time limit, only the price of the Product(s) purchased and the shipping costs (based on the standard rate) shall be refunded. However, shipping costs shall not be refunded where one of the Products purchased from the Seller has been kept by the Buyer.
AFFAIRES ÉTRANGÈRES shall refund the Buyer the amounts paid to purchase the Products, after having informed the Seller, using the same payment method as the one used to place the order, within fourteen (14) days following the exercise of the right of withdrawal.
ARTICLE 9 – BUYER CLAIMS – DISPUTES
For claims relating to Products which have been delivered (Products which are damaged, missing or fail to conform to the order or the Product Information Sheet, etc.) the Buyer should contact AFFAIRES ÉTRANGÈRES pursuant to Articles L211-4 et seq. of the French Consumer Code.
AFFAIRES ÉTRANGÈRES shall seek to resolve any disputes between the Buyer and Seller by acting as a mediator.
The Buyer should follow the instructions provided relating to the return policy in order to properly return the damaged or non- compliant Product. Upon receipt of the Product and the finding of non-compliance or damage by the Seller, the Seller has the choice to either ship a new Product to the Buyer, at no additional cost, on the same terms and conditions as those provided for in Article 7 of the General Terms and Conditions or shall instruct AFFAIRES ÉTRANGÈRES to refund any amounts received from the Buyer for the purchase of this Product.
ARTICLE 10 – PRODUCT GUARANTEES
Any Products sold via the Marketplace shall be covered by the legal guarantee of conformity (Article L211-1 of the French Consumer Code) and the legal guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code) making it possible to send the defective Products back to the Seller.
In addition, where the Products are covered by a commercial guarantee provided by the Seller, this guarantee shall be broken down in the Product Information Sheet and a written agreement shall be furnished by the Seller upon delivery of the guaranteed Product.
Guarantees shall not apply to normal wear and tear or due to the abnormal use of the Product or non-compliance with washing and maintenance instructions, misuse or lack of maintenance or any event external to the Product (any force majeure events).
ARTICLE 11 – LIABILITY
Sellers shall assume full responsibility for the Products they sell via the Marketplace.
Separately, AFFAIRES ÉTRANGÈRES, serving only as an intermediary between Buyer and Seller, disclaims all responsibility relating to the sale concluded between the Buyer and Seller via the Marketplace. The Buyer thereby exonerates AFFAIRES ÉTRANGÈRES from any liability which may arise in connection with the completion of the sale, especially concerning the conformity of the Products, sale offer, after-sales service and ownership of the intellectual and industrial property rights relating to the Products.
AFFAIRES ÉTRANGÈRES could only be held liable by the Buyer for acts which are directly attributable to AFFAIRES ÉTRANGÈRES in its capacity as intermediary which would be directly prejudicial to the Buyer. It is set forth herein that AFFAIRES ÉTRANGÈRES shall not act as del credere agent for the relationships created within the framework of the Marketplace.
AFFAIRES ÉTRANGÈRES and/or the Seller may not be held liable in the event they fail to fulfil their obligations due to either the Buyer’s misuse of the Marketplace or by an error made by the Buyer or an unforeseeable and insurmountable event attributable to a third party, i.e. a force majeure event as defined by French case law.
Similarly, AFFAIRES ÉTRANGÈRES cannot be held liable for any inconvenience or damage inherent in using the internet, including disruption or loss of service, outside interference or the presence of computer viruses.
ARTICLE 12 – PERSONAL DATA
Upon visiting the Website, AFFAIRES ÉTRANGÈRES may ask Buyers for information through the use of questionnaires and forms, particularly upon creating a customer account.
Fields marked with an asterisk are required. The information provided is required to process the Buyers’ requests.
This information is intended for AFFAIRES ÉTRANGÈRES which is responsible for processing the information in order to record and process the Buyers’ orders, manage the Buyers’ customer accounts, generate market research and statistics for the purpose of offering customers products that best suit their needs, monitor service quality and develop the business.
The first and last name as well as the Buyer’s postal address and telephone number shall be provided to the Sellers, for the sole purpose of allowing them to process and deliver the Products which have been ordered.
AFFAIRES ÉTRANGÈRES shall provide Buyers marketing material by email, SMS and telephone where Buyers have opted in and through the mail where Buyers have opted in when their data was collected. Buyers reserve the right to opt out of receiving marketing material from AFFAIRES ÉTRANGÈRES at any time free of charge, by logging into their account on the Website or by sending a letter.
Unless Buyers refuse at the time their data is collected, information relating to the Buyer may be communicated to the trading partners of AFFAIRES ÉTRANGÈRES which will be able to send their marketing material through the mail.
The information collected could potentially be communicated to third parties contractually bound to AFFAIRES ÉTRANGÈRES, for the purpose of performing outsourced tasks that would be required to manage the customer account, orders and payments.
Pursuant to the French Data Protection Act of January 6, 1978, Buyers have the right to access, correct and delete data concerning them and to oppose the processing of their data. Where Buyers wish to exercise this right, they can write to AFFAIRES ÉTRANGÈRES, 38, boulevard Ornano, 75018 Paris, by providing their first and last name, postal and email addresses and customer reference number where possible in order to expedite the handling of their request.
Buyers may access and edit the information concerning their contact information at any time in their account under the “Edit Your Account” heading and manage their newsletters under the “Subscribe/unsubscribe” heading.
When a Buyer visits the Website, AFFAIRES ÉTRANGÈRES would like to deposit a cookie on the Buyer’s computer. A cookie does not enable AFFAIRES ÉTRANGÈRES to identify the Buyer. However, cookies are designed to record information about a user’s web browsing habits (the pages visited, the date and time of the visit, etc.) which AFFAIRES ÉTRANGÈRES could consult the next time the Buyer visits the Website. AFFAIRES ÉTRANGÈRES shall inform BUYERS that they can decline cookies by modifying browser settings in the “Tools” menu under “Options”.
AFFAIRES ÉTRANGÈRES may also use the Buyer’s browsing data from cookies managed by a partner. The data used is strictly anonymous and is collected solely for statistical purposes. As a result, Buyers might see personalised banners displayed. Where Buyers no longer want to see this type of banner displayed and/or would like to obtain further information about this technology, a request should be sent to AFFAIRES ÉTRANGÈRES.
AFFAIRES ÉTRANGÈRES shall use all available means to ensure the confidentiality and security of data sent over the internet.
ARTICLE 13 – INTELLECTUAL PROPERTY
All the elements of the Website, whether visual or audible, including the underlying technology, are protected through copyrights, trademarks and patents.
As a result, no document from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed, in any form or by any means, except under the following conditions: a copy of the documents may be downloaded onto a computer for personal use and solely for non-commercial purposes, provided that the information is not modified and all the copyrights and other proprietary notices remain intact. Any modification of these documents or their use by Buyers for another purpose constitutes an infringement of the intellectual and industrial property rights of AFFAIRES ÉTRANGÈRES and the Sellers.
ARTICLE 14 – ILLEGAL OR CONTENTIOUS CONTENT
AFFAIRES ÉTRANGÈRES reserves the right to delete any information or content on the Website which is demonstrably illegal. Buyers are requested to inform AFFAIRES ÉTRANGÈRES of any kind of illegal or contentious content by contacting the Customer Service Department at AFFAIRES ÉTRANGÈRES.
ARTICLE 15 – ENTIRE AGREEMENT
If any provision of these General Terms and Conditions shall be held to be null and void due to a change in the laws or regulations or by order of the court, this will in no way affect the validity and enforceability of the remaining provisions of these General Terms and Conditions.
ARTICLE 16 – GOVERNING LAW AND JURISDICTION
The General Terms and Conditions are subject to French law, without prejudice to any mandatory legal provisions. The court having jurisdiction should a dispute arise shall be that of the place of domicile of the defendant or, upon the plaintiff’s request, the place of actual delivery of the Product.
The Website complies with French law, and under no circumstances shall AFFAIRES ÉTRANGÈRES guarantee compliance with the existing local laws which would be applicable if the Buyer accesses the Website from other countries.
APPENDIX 1 – SPECIAL CONDITONS OF EACH SELLER
Seller 1: Bleu de cocagne
Seller 2: 85°
Seller 3: Antagony