CONDITIONS
GENERAL SALES CONDITIONS

1.  SCOPE OF APPLICATION

The company Bellon & fils (hereinafter Façonnier, the company's brand) with a capital of 225 000 €, registered in the Trade and Companies Register (RCS) of Romans sur Isère under the number 313 720 906,
and whose head office is located 42 rue Carl Von Linné 26500 Bourg-lès-valence, VAT number FR54313720906 fixed telephone 04 26 99 72 73 has for activity the manufacture and marketing of articles of jewellery and jewelery.

Its products are offered for sale, particularly online, on the website available at http://www.faconnier.com/(hereinafter the Site).

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all online orders on the Site, by a consumer
or non-professional, whenever the latter is assimilated to the consumer by effect of the Law, under the conditions it determines (hereinafter the Customer).

The main characteristics of the products offered for sale are presented on the Site.

The Customer is required to read them before placing an order.

However, the photographs appearing as illustrations have no contractual value.

The choice and purchase of a product is therefore the sole responsibility of the Customer.

It is also the Customer's responsibility to read in detail the technical descriptions and instructions for use of each of the products purchased via the Site, before any installation and use.

The products comply with the requirements of French law in force at the time they are placed on the market, particularly with regard to safety.

These GTC apply to the exclusion of all other conditions, and in particular those that may be applicable to other marketing channels for the products offered for sale by the partner jewellers.

They are accessible, downloadable and/or printable, at any time on the Site, and will prevail, if necessary, over any other version or contradictory document.

The present GTC may be subject to subsequent modifications.

The changes to the these GTCs are opposable to the users of the Site as from their on-line publication.

However, Façonnier ensures that the GTCs in their version in force on the day of the Customer's order, and other contractual documents, are kept on a medium
reliable and durable, and a faithful copy of which may be given to the Customer at his request.

Under these conditions, and unless proven otherwise, the data recorded in the computer system of Façonnier constitute proof of the transactions concluded with the Customer and the applicable conditions.

The Customer declares that he has read these GTC, which have been presented to him in a legible and comprehensible manner, and that he has accepted them, without restriction or reservation, by clicking on the box provided for this purpose, after having read them during the ordering procedure as detailed in Article 3 below.

The fact that Façonnier does not avail itself of one of the provisions of these GTC at a given time and/or occasion(s) shall not imply a waiver on its part to claim the benefit thereof at a later date.

The Customer acknowledges that he/she has the legal capacity required to contract and order the products he/she chooses on the Site.

2.   RATES

Prices of products offered for sale by Shaper are detailed on the Site.

The prices are expressed in euros and inclusive of all taxes.

Unless otherwise stated, the prices indicated do not include delivery costs.

The prices of the products offered for sale are subject to change and are enforceable against the users of the Site from the moment they are put online.

The applicable rate is the one in force on the day of the order.

3.  ONLINE ORDERING PROCEDURE

The Customer has the possibility to order and pay online for the products offered for sale and available, from the Site.

The order is made according to the following terms.

3.1 Product and quantity selection

The products are offered within the limits of available stocks and production times for custom-made products.

In case of unavailability of the chosen product, an alert message is displayed on the screen with a production delay.

In the event of prolonged inactivity during the connection, it is possible that the selection and/or prices of the products chosen by the Customer before this inactivity are no longer guaranteed.

The Customer is then invited to take back his selection of products.

3.2 Creation of a customer account and information on the identity of the Customer

The Customer must fill in the information relating to his identity (first name(s), last name, company name if applicable, e-mail address, telephone number, country, address, postal code, city and delivery address if different) and choose a password to enable the creation of his customer account. This is confidential information.

The information that must be provided is marked with an asterisk. This information is necessary for the management of orders and for the commercial relationship between the Customer and Façonnier. In the absence of such information information, the customer account cannot be created and the order procedure cannot be  can be pursued.

The Customer undertakes to provide true and sincere information.

The Customer will be solely responsible for any input errors and the consequences that may result from them.

3.3. Use of the customer account

The Customer has the possibility of consulting the details of his current order online, via  the Orders tab. He can also consult the history of his orders.

Order details are stored on a secure server.

No payment card number is stored.

The Customer may request the deactivation of his customer account by notifying Façonnier of his request under the conditions defined in Article 9 below.

Façonnier undertakes to deactivate the Customer's account upon request within a reasonable period of time from the receipt of the said request.

The Customer is solely responsible for the consequences of the use of his account.

In the event of fraud, characterized in particular by non-compliance with these Terms and Conditions, Façonnier reserves the right to deactivate the Customer's account, by right, without notice or compensation.

3.4. Validation of the order

A summary of the order in progress is presented to the Customer, which can be modified if necessary, before validation.

It is therefore the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

No paid option is included by default in the Customer's order.

The customer's express consent is required for any additional payment on top of the original order price.

The entirety of these GTC is subject to the Customer's reading.

A downloadable and/or printable version is also available.

The Customer validates his order by ticking the box "Accept the GTC and pay", which appears only after the reading is completed.

If this is not the case, he cannot access the online payment server and the order cannot be validated.

Orders that have not been validated cannot be honored by Façonnier.

Thus, the simple fact that the Customer adds a choice of product to the basket does not mean that the order has been validated.

3.5. Means of payment

The Customer recognizes that the validation of the order, materialized by the ticking of the box "Accept the GTC and pay", implies the obligation to pay for it, in full, online, by credit card (Visa, MasterCard, American Express, Discover, Diners Club, JCB) via Alipay, Apple pay, Bancontact, EPS, Giropay, Google pay, iDeal, Multibanco, SEPA direct debit, Sofort, P24 and WeChat Pay.

The Customer guarantees to Façonnier that the means of payment used is valid and that it is not the result of a fraudulent transaction. The Customer undertakes to raise and guarantee the Shaper  against any claims that may be made against it by a third party.  third parties as a result.

Payment by credit card

The Customer is asked to provide the sixteen digits of his card, its expiry date and its cryptogram.

The Customer acknowledges that the commitment to pay by means of a payment card is irrevocable.

The online payment is secured by using the Stripe application.

Façonnier cannot be held responsible for the operation of this service, on any grounds whatsoever, and for any reason whatsoever.

In case of lack of payment authorization by the accredited banking institutions, an error message and refusal of order is displayed on the screen.

3.6. Confirmation of the order

Subject to full payment of the order, under the conditions set out in Article 3.5 above, a confirmation e-mail is sent without delay to the Customer, with a summary and an order number.

A separate email is then sent to the Customer to announce the shipment of the product(s) ordered to the delivery address provided.

The purchase invoice allowing the implementation of the guarantee is included in the parcel or handed over personally at the time of collection.

Façonnier reserves the right to refuse and/or cancel the Order if it appears to be abnormal and/or made in bad faith and/or for any legitimate reason, and in the event of a pre-existing dispute regarding the lack of payment by the Customer of a previous order, whatever the marketing channel.

3.7 Impossibility to modify the order after payment

Once the payment has been made, the order can no longer be modified, except for the Customer to exercise his right of withdrawal under the conditions of Article 5 below.

4.  DELIVERY

4.1. Address and delivery method

The Customer chooses a delivery address.

Otherwise, the order procedure cannot be completed.

Delivery is made by DHL.

The Customer is solely responsible for any failure and/or delay in delivery due to any failure to mention the order.

In the event of an error by the Customer in the delivery address provided, the package will be returned by DHL to Façonnier.

The Customer is then reimbursed the full amount of his order, excluding delivery costs.

The Customer may request the reshipment of his order, at his own expense and subject to the availability of products.

The same applies in the event of absence at the time of delivery and failure to comply with the time limits mentioned on the delivery notice.

4.2 Delivery costs

The amount of the delivery charges depends on the volume and weight of the package and the place of delivery.

An estimate of the delivery costs is made known to the Customer during the ordering process.

The delivery costs are updated at the time of the order summary referred to in Article 3.4 above, before validation by the Customer.

4.3. Delivery times

Delivery times are specified on the Site and in the order summary, before validation by the Customer.

They are expressed in working days and take into account the order processing time by Façonnier and the average shipping time).

The Customer acknowledges that delivery times are not an essential condition of the order.

Nevertheless, Façonnier undertakes to provide its best efforts to ensure that the delivery dates indicated are respected.

In the absence of delivery at the end of a period of thirty (30) days after the date of the e-mail confirming the order, the Customer has the possibility of requesting the resolution of his order by e-mail to the address : contact@faconnier.com or by registered letter with acknowledgement of receipt to the postal address indicated in Article 13 hereafter, if, after having enjoined, in the same way, Façonnier to carry out the delivery within a reasonable additional period, the latter has not complied within this period.

The refund will be made no later than fourteen 14 days after receipt by Façonnier of said request.

If the delivery occurs in the meantime before Façonnier has received the request for cancellation, the Customer is obliged to refuse the delivery.

Otherwise, he/she must inform Façonnier of the maintenance of this request by e-mail to the address : contact@faconnier.com or by registered letter with acknowledgement of receipt to the postal address indicated in Article 13 below.

The Customer shall return the goods at his or her own expense or to a person designated by Façonnier, in their original, complete and new packaging,
accompanied by the corresponding invoice(s), without undue delay.

Under no circumstances may the Customer claim damages or any other sum whatsoever (except for reimbursement of his order), due to any delay in the delivery of his order.
and/or failure to deliver, whatever the reason.

4.4. Delivery tracking

The Customer can track the progress of the delivery on the DHL website.

4.5. Checking the Order on arrival

The Customer undertakes, after opening and checking the contents of the package(s) in the presence of the carrier, to sign the delivery receipt presented by the latter.

In case of damage or breakage, the Customer must refuse the entire order delivered, and indicate on the delivery receipt precisely the reasons for the refusal and immediately notify Façonnier by email to the address : contact@faconnier.com or by registered letter with acknowledgement of receipt to the postal address indicated in Article 13 below.

4.6. Transfer of risk

All risk of loss or damage to the product(s) shall pass to the Customer at the time the Customer, or a third party designated by the Customer, other than the carrier proposed by Façonnier, takes physical possession of the product(s).

5.  RIGHT OF WITHDRAWAL

In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the purchase of a product on the Site, with the exception of any custom-made product, entitles the Customer to a withdrawal period of fourteen (14) days from receipt of the goods, without the Customer having to give any reason.

The Customer exercises his right of withdrawal by informing Façonnier of his decision to withdraw by sending, before the expiry of this period, the following detachable withdrawal form or any other statement, unambiguous, expressing his desire to withdraw, by mail to the address contact@faconnier.com or by registered letter with acknowledgement of receipt to the postal address of Façonnier, 42 Street Carl von linné 26500 Bourg-lès-valence, France.

In the event of a request sent by e-mail, Façonnier shall immediately send the Customer an acknowledgement of receipt of the withdrawal by return e-mail.

The Customer shall return the goods at his own expense or to a person designated by the latter, in their original packaging, complete and new, accompanied by the corresponding invoice, without undue delay and, at the latest, within fourteen (14) days of the communication of his decision to withdraw.

Façonnier shall reimburse the Customer for all sums paid, without undue delay and, at the latest, within fourteen (14) days following recovery of the goods or until the Customer has provided proof of shipment of these goods, the date retained being that of the first of these facts.

The refund will be made by the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Customer.

6.  GUARANTEES

6.1. Legal guarantees

The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full below:

Article L. 217-4 of the Consumer Code :

"The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery. He answers also defects in conformity resulting from the packaging, instructions, and of assembly or installation where this has been charged to him by the contract or was carried out under its responsibility".

Article L. 217-5 of the Consumer Code :

"The property conforms to the contract: 

(1) if he is fit for the purpose ordinarily expected of similar property and, if so appropriate : 

- if it matches the description given by the seller and has the qualities that the seller has presented to the purchaser as a sample or model;

- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-12 of the Consumer Code :

"The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good ".

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 at the time of the acquisition or the repair of a movable good, a repair 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 date of the buyer's application for action or the the property in question, if the property is made available for repair is subsequent to the request for intervention".

Article 1641 of the Civil Code :

"The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them.

Article 1648, paragraph 1 :

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

The legal warranties of conformity and defects of the thing sold apply independently of any commercial warranties granted by Façonnier.

6.2. Commercial warranty

The commercial guarantee is understood to be any contractual commitment of the Shaper to the Customer to repair of the product(s), in addition to its legal obligations referred to above. 

The commercial warranties relating to the product(s) covered by these GTC, and their conditions of application (defects covered, time limits, exclusions and implementation methods), are determined on the Site for each product concerned and reproduced on the purchase invoice given to the Customer.

As previously stated in Article L. 217-16 of the French Consumer Code reproduced above, any period of downtime of at least seven days due to the repair of the product covered by the warranty is added to the duration of the warranty initially granted.

The commercial guarantees, if any, granted by Façonnier are inoperative in case of malfunctions due to improper installation, use and/or handling of the product(s).

6.3. Implementation

Warranty claims should be sent by email to the address, contact@faconnier.com
or by registered letter with acknowledgement of receipt to the postal address of Façonnier:
42 rue Carl von linné 26500 Bourg-lès-valence.

The Customer is required to return the product for which he/she is requesting coverage under any of the guarantees he/she enjoys to Façonnier.

It is up to the Customer to provide proof of this return.

7.  EXEMPTION FROM LIABILITY

Façonnier shall not be held liable in any way whatsoever if the non-performance or improper performance of the contract is attributable either to the Customer or to a third party, or to a case of force majeure.

8.   OPERATION AND USE OF THE SITE

Façonnier is only bound by an obligation of means with regard to the operation and continuity of the Site.

No responsibility can be attributed to it in the event of malfunctioning of any kind, and in particular in the event of fraudulent or malicious use by a third party of information available on the Site.

The Customer is solely responsible for the use he makes of the Site.

He undertakes to deal personally with any claim and/or proceedings brought against Façonnier and which is related to its use of the Site.

Façonnier reserves the right to make any changes and improvements to its offer that it deems necessary or useful and shall not be liable for any damages of any kind that may occur as a result.

Façonnier reserves the right, without notice or compensation, to suspend, temporarily or permanently, a service on its Site and will not be liable for any damages of any kind that may occur as a result.

The Customer is informed that the Site may contain hyperlinks that may redirect him to other websites, especially third parties (Facebook, Twitter etc.), which could thereby identify the Customer.

Façonnier makes no commitment in this regard and is in no way responsible for the content and/or operation of third-party websites.

Façonnier has no control over such use.

It is the Customer's responsibility, where applicable, to ensure that the conditions of use of these sites and/or social networks allow him/her to control and/or restrict the use of his/her data, in particular by configuring his/her user accounts.

As needed, Façonnier reminds that the Customer must use the Site in legal conditions, and that in the presence of illicit contents, it reserves the possibility of removing the litigious elements.

Façonnier reserves the right to take all necessary measures to ensure that its rights are respected.

9.   DATA PROCESSING AND FREEDOMS

In accordance with the provisions of the Law "Informatique et Libertés" of January 6, 1978, amended in 2004, it is recalled that the personal data requested from the Customer are necessary for the processing of his order, including

It may also be used to send promotional offers and newsletters from Façonnier.

This data may be communicated to any of FaçonnierThe following companies are responsible for the execution, processing, management and/or payment of orders.

The computer processing of personal data communicated by the Customer through the Site has been declared to the CNIL.

The Customer has the right to access and rectify personal data concerning him/her, and he/she may exercise this right at any time by writing, by registered letter with acknowledgement of receipt, and providing proof of his/her identity, to :

Façonnier

42 Carl Von Street
Linnaeus

26500 Bourg lès
valence

Façonnier may offer the Customer to subscribe to its newsletter or to receive, by electronic means, promotional offers or more generally information concerning Façonnier's products.

However, the Customer can unsubscribe by clicking on the link provided for this purpose in the e-mail sent to him.

10.INTELLECTUAL PROPERTY

The Site is the property of Façonnier and is protected by French and international laws relating to Intellectual Property, both in terms of its architecture and its content, whatever its nature (trademarks, texts, photos, videos, etc.).

Any representation and/or reproduction and/or imitation, total or partial, of the Site is (are) strictly prohibited and likely to characterize the offence of counterfeiting.

11.APPLICABLE LAW - LANGUAGE

These GTC and the operations resulting from them are governed by and subject to French law.

The present GTC are written in French language.

12.LITIGATION

The Customer is hereby informed that he/she may request the intervention of a consumer mediator in the event of a dispute between the Customer and Façonnier which has not been resolved following a complaint sent by the Customer to Façonnier, in particular by visiting the website available at : http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
and http://www.economie.gouv.fr/mediation-conso/vous-etes-professionnel.

The contact details are as follows:

FEVAD's E-commerce Mediation Service

60 rue la Boétie

75008 PARIS

mediateurduecommerce@fevad.com

The solution proposed by a mediator is not binding on the parties, who remain free at any time to leave the mediation process.

The Customer may have recourse to any other alternative dispute resolution method.

The Customer may in any case refer to the Court for any dispute relating to the existence, interpretation, conclusion, performance or breach of the contract subject to these GTC.

13.COMPLAINT

All claims must be sent, by registered letter with acknowledgement of receipt, to the following address

Façonnier

42 Carl Von Street
Linnaeus

26500 Bourg lès
valence

14.PRE-CONTRACTUAL INFORMATION - ACCEPTANCE BY THE CUSTOMER

The Customer acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of the present GTCs and of all the information and details referred to in Articles L. 111-1 to L111-7R. 111-1 and R. 111-2 of the Consumer Code, and in particular:

Ø the essential characteristics of the product(s), taking into account the communication medium used and the nature of the product(s) concerned;

Ø the price of the product(s) and any additional costs (delivery costs, extended warranty etc.);

Ø delivery times ;

Ø information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, which were in any case apparent from the context of the order;

Ø Information on legal and contractual guarantees and their implementation modalities; 

Ø the possibility of having recourse to a consumer mediator in the event of a dispute. dispute or to any alternative dispute resolution method;

Ø information on exercising the right of withdrawal and other important contractual conditions.