TERMS
article made-to-order product offered for sale on the site.
client : natural person who is not a trader placing the order and who has full legal capacity.
command Commitment to pre-order and purchase all the items selected by the customer via the site's e-commerce service.
Figure.s : one-person business own by Coline Dubois-Gryspeert
website published by Figure.s and accessible at the address figure-s.com
1 - application of the general conditions of sale
These general terms and conditions of sale (the " terms ") apply exclusively, without restriction or reserve, to any order for an article placed via the site by any customer with Figure.s
Taking into account possible changes in the site and regulation, Figure.s reserves the right to modify the GTC at any time. The new GTC will, if necessary, be brought to the customer's knowledge by online modification. the general conditions of sale applicable to any sale are those appearing on the site at the time of placing the order.
Any order on the site is conditioned by the consultation and the prior acceptance and without reservation on the part of the customer of the GTC and the applicable tariffs.
The validation of an order following the order procedure proposed on the site is the acceptance of the GTC and associated costs.
These GTC prevail over any other document.
2 - articles
The items offered for sale are those that appear on the site on the day the customer consults the site, within the limits of available stocks.
Figure.s reserves the right to withdraw from sale, at any time, any article present on the site and/or to replace or modify any information associated with the articles appearing on this site.
Information about the availability of items is updated automatically in real time. however, an error in the update, regardless of its origin, does not incur the responsibility of Figure.s. as such, Figure.s cannot be held responsible for the cancellation of an order of an item due to the depletion of the stocks. in the event of an unavailability of an item, after placing its order, the customer is informed by e-mail, its order being automatically cancelled.
The characteristics of the items sold on the site (photographs, graphics, item descriptions, etc.) may vary over time. Only the characteristics of the item displayed at the time of the order must be taken into account by the customer.
Each piece is hand-made therefore slight variables in design and color are always possible.
3 - orders
The order taking on the site is subject to the respect of the procedure set up on the site comprising successive stages leading to the validation of the order. It implies an obligation of payment.
The customer placing the order declares to be the natural person who is identifying on Paypal.
The customer can select as many items as they wishes to add to cart ("the "..."). cart »). the sale of articles on the site being exclusively reserved for retail sale and private individuals, no order can be placed by professional sellers, alone or grouped, regardless of the method of marketing their products ( marketplaces on the internet, commercial galleries, intermediate, physical stores in particular). The customer acknowledges and agrees accordingly that the items can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of items ordered in a single order and the number of orders the usual quantity of an average consumer spent on the same product. Figure.s reserves the right to refuse an order clearly validated by a professional seller.
The cart lists the items chosen by the customer as well as the prices and related fees. the customer may freely modify the cart before the order is validated.
The validation of the order by the customer is confirmation of the acceptance by the customer of the GTC, the purchased items, their price and the associated costs.
After the payment has been validated, Figure.s address to the customer an email confirming their order. They will also receive a Paypal receipt.
All orders are subject to the prior acceptance of Figure.s and are only definitively confirmed after the customer has received an e-mail confirming the dispatch of the item(s). The customer formally accepts the use of e-mail for the confirmation by Figure.s of the content of their order.
The customer may obtain the invoice relating to any order by sending an e-mail specifying the number of the order concerned to hello@figure-s.com
If the customer does not receive any e-mail following his order, They are responsible for checking their SPAM or contacting me with the terms and conditions described in article 12 of the GTC.
Figure.s can in no way be held responsible in the event of a typing error or transmission of a typing error that does not allow the delivery of the confirmation e-mail and/or the articles.
For any question relating to the follow-up of an order, the customer is welcome to contact me.
Figure.s reserves the right to withdraw any material posted on the site at any time and to replace or modify any content or information contained therein. despite the best efforts of Figure.s to meet the expectations of its customers, it may be required to refuse to process an order after having sent the customer the confirmation email summarising the order.
Figure.s cannot be held liable to the customer or a third party for the decision to remove an item from the site, or for the decision to replace or modify any content or information on this site, or for the refusal to process an order after the confirmation e-mail summarising the order has been sent.
4 - price
the prices of the articles are indicated on the website in euro, value added tax ("vat") included, but excluding:
customs duties and other taxes, which will have to be paid by the customer directly to the carrier;
national shipping costs, the amount of which is specified before validation of the order on the site in the "deliveries and returns" section;
european/worldwide shipping costs, the amount of which is specified before validation of the order on the site in the "deliveries and returns" section;
additional costs related to possible foreign currency conversion costs, depending on the means of payment chosen by the customer
The prices take into account possible reductions applicable on the day of the order.
Any new taxes or contributions, in particular environmental taxes, are likely to be passed on to the selling price of the items.
Figure.s reserves the right to modify the prices of the articles at any time, the articles being invoiced on the basis of the rates in force at the time of the validation of each order, subject to availability.
The price of the items invoiced to the customer is the price indicated in the order confirmation sent to the customer by e-mail.
5 - modes of payment
The articles are payable cash at the time of the effective order.
the settlement of the articles is effected either via Paypal (through the customer account or by credit card.
The data recorded by Paypal constitute proof of any financial transaction between the customer and the salut beauté .
6 - delivery
Delivery means the transfer of physical possession of the item(s) to the customer ("delivery").
The risk of loss or deterioration of the item(s) is transferred to the customer at the time of delivery.
When validating its order, the customer is offered several delivery options, namely:
_National delivery: 2-5 working days: 7€
_Europe Couriered delivery: 2-5 working days: 15€
_Rest of World / Couriered Delivery: 2-5 working days: 20€
The delivery costs applicable to the order are determined according to the place Figure.s workshop is set up and the place & the delivery method chosen by the customer at the time of the validation of his order. These delivery charges are mentioned in the "deliveries and returns" section of the site, as it exists at the time of ordering.
After the manufacturing delay (3-4 weeks), the customer receives, via the e-mail confirming the dispatch of their order, the tracking number assigned to the package allowing them to follow the delivery process of their order.
The delivery is made to the delivery address indicated by the customer, it being specified that this must be the residence address of the customer or of a natural or legal person of their choice. Delivery cannot be made to post office boxes. it is the customer's responsibility to provide the exact and complete information necessary for the proper delivery of their order and for the perfect supply (such as street, building, staircase, access codes, names and/or intercom numbers, etc.).
The delivery is deemed to be made as soon as the order is made available to the customer by the carrier. The control system used by the carrier is authoritative.
In the event of impossibility to carry out the delivery due to an erroneous delivery address, no reshipment can be carried out and the customer will be refunded within 14 days from receipt of the order by Figure.s, via Paypal.
Figure.s delivers the orders within the deadlines mentioned in the "deliveries” and no later than thirty-five days after the validation of the order.
Figure.s shall not be liable for the delay in delivery not being made or justified by a case of force majeure (as defined below in article 11 of the GTC).
7 - returns and refunds
Any non-professional consumer has a right of withdrawal, without having to give reasons or pay penalties.
The customer has a period of 14 (fourteen) calendar days from the day after delivery to indicate that he wishes to make use of his right of withdrawal. beyond the said period of 14 (fourteen) days, the sale is firm and final and no return is possible.
If the 14-day period expires on a Saturday, Sunday or public holiday or non-working day, it shall be extended until the first business day thereafter. for example, in case of receipt of the property on 10 January, the withdrawal period runs from 11 to 24 January inclusive. from the 25th onwards, the withdrawal is no longer possible. If the 24th is a Saturday, the deadline runs until Monday 26.
The customer communicates their decision to withdraw by sending an e-mail to hello@figure-s.com, in which the customer specifies their pronouns, surname, first name, order number and references of the item(s) they wishes to return.
The customer must return in the original package and send to the address I will provide at the time.. The return is at the customer's expense and risk via the carrier of their choice.
The customer shall send it within 14 days at the latest following the communication of his decision to withdraw.
The delivery fee is offered to the customer in the event that the item delivered does not conform to the order. In this case, the customer writes to me and I will refund the fee via Paypal.
In any event, the item(s) must be returned in their original packaging, new and unworn, unwashed and with the labels intact and attached.
The refund is subject to Figure.s being able to recover the articles initially delivered.
Once the returned items have been checked, Figure.s undertakes to reimburse the customer as soon as possible and at the latest within 14 (fourteen) calendar days following the date of receipt of the return package, using the same means of payment as that used for the payment of the order.
In the absence of respect by the customer of the CGV, Figure.s will not be able to proceed to the refunding of the articles concerned.
All refunds are made in euros. any additional costs related to possible foreign currency conversion costs are at the customer's expense.
8 - legal assurances
article not complying with the order or having an apparent defect
the presence of an apparent defect on an article must give rise to a complaint by e-mail (hello@figure-s.com). Any complaint must explain the defect concerned. otherwise, no complaint is admissible, and no return or exchange is possible.
The article must be returned in its original packaging, new and unworn, unwashed and with the labels intact and attached, after sending an e-mail indicating the apparent defect of the article referred to above.
The cases of apparent vice give rise to the content of the customer's claim either to the establishment of a credit to the customer or to the replacement of the item or to the customer's outright reimbursement within 14 (fourteen) days. in case of non-compliance with the return procedure, no exchange or reimbursement or having is possible.
In addition, Figure.s guarantees consumers of compliance defects (articles l. 217-4 et seq. of the consumer code) and hidden defects (articles 1641 and following of the civil code) for articles on sale on the site under the following conditions:
noncompliance
the client:
shall have a period of 2 (two) years from the date of issue of the article to take action for failure to comply with the article ;
shall be exempted from furnishing proof of the existence of the lack of conformity of the goods during the 6 (six) months following the issue of the article ;
may choose between repairing or replacing the item, subject to the cost conditions provided for in Article l. 217-9 of the Consumer Code.
if the repair and replacement of the property is impossible, and in particular if the item is no longer available in stock at the time the customer argues for the non-conformity of the item, the purchaser may return the property and be refunded the price or retain the property and make a part of the price.
hidden defects
the customer can implement the legal guarantee in respect of hidden defects of the item sold, within the meaning of articles 1641 and following of the Civil Code, in the event that a hidden defect, prior to the sale and inherent to the item sold, renders this item unfit for its use or so diminishes this use that the customer would not have acquired it, or would only have paid a lower price for it, if he had known about it.
the hidden defect must be a defect that something even used should not present. thus, the guarantee of hidden defects cannot be retained when the defect is only the result of normal wear and tear of the thing or its prolonged use or even when the defect comes from improper use of the thing.
the legal warranty of latent defects allows the customer, within 2 (two) years from the discovery of the defect, either to keep the item and ask for a reduction of the price, either to make the item and ask for reimbursement of the price paid, in accordance with article 1644 of the civil code.
9 - responsibility
hypertext links established in the direction of other sites from the site figure-s.com cannot, under any circumstances, incur the responsibility of the director of publication.
Figure.s is only liable for any direct and foreseeable damage at the time of the use of the site or the conclusion of the sales contract with the customer, excluding any indirect damage.
Figure.s’s liability with respect to any item purchased on the site is strictly limited to the purchase price of the item.
Figure.s will in no way be responsible for the following losses, regardless of their origin:
loss of revenue or sales ;
operating loss ;
loss of profits or contracts ;
loss of expected savings ;
data loss ;
loss of work or management time ;
image damage ;
loss of luck, including ordering an item;
moral prejudice.
Figure.s reserves the right to modify the information contained in this site at any time and without notice.
Figure.s undertakes to describe the items sold on the site as accurately as possible and to ensure that the information published on the site is kept up to date under the best possible conditions. However, Figure.s cannot guarantee the accuracy, precision or exhaustiveness of the information made available to customers within the site.
In the event of non-substantial differences between the presentation photos of the articles on the site, texts and illustrations and the articles ordered, Figure.s will not be held responsible.
The documents, descriptions and information relating to the items on the site are not covered by any guarantee, explicit or implicit, except for guarantees provided by law.
Figure.s makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, trojan horse, cancelbot, logic bomb, or any other form of programming routine designed to cause damage, destroy or otherwise impair any functionality of, or interfere with the proper working of, a computer, including any transmission resulting from a download of any content by the client, the software used by the client to download the content, the site or the server that makes it available. In this regard, the customer acknowledges that it is their responsibility to install appropriate anti-virus and security software on their computer equipment and any other device to protect it against any bugs, viruses or other such harmful programming routines.
The customer acknowledges that they assume all risks associated with any content downloaded or otherwise obtained through the use of the site and agrees that they solely responsible for any damage to their computer system or loss of data resulting from the download of such content.
Figure.s is only obliged to deliver items that comply with the contractual provisions. Items are considered to comply with the contractual provisions if the following conditions are met : (i) they must conform to the description with the idea that each piece being handmade might be slightly different from the photo (colors, design..) and possess the characteristics set out on the site; (ii) they must be suitable for the purposes for which articles of this kind are generally designed; (iii) they must meet the criteria of quality and resistance which are generally accepted for articles of the same kind and which may reasonably be expected.
The responsibility of Figure.s may not be withheld in the event of breach of any of its contractual obligations resulting from a fortuitous case or a case of force majeure as defined by the jurisprudence of the french courts and tribunals.
Particular Figure.s shall not be liable for any non-performance or delay in the execution of orders, caused by events beyond its control (" force majeure ").
A case of force majeure includes any act, event, non-performance, omission or accident beyond the control of salut beauté and includes in particular, without limitation :
_strikes, factory closures;
_war, invasion, terrorist attack or threat of terrorist attack, civil unrest or war, riot;
_disaster, natural disasters or epidemics ;
_inability to use private or public means of transport due to strikes, breakdowns or accidents ;
_inability to use public and private telecommunications networks ;
_facts of the prince.
All of the obligations of Figure.s and of the customer are suspended for the duration of the case of force majeure, without compensation, and the execution and delivery times will be extended accordingly. Figure.s will endeavour as far as possible to find a solution enabling it to fulfil its contractual obligations despite the case of force majeure. If the case of force majeure lasts for more than 3 (three) months, the transaction concerned may be terminated at the request of Figure.s or the customer without compensation on either side. Failure to pay by the customer cannot be justified by a case of force majeure.
10 - client care
For any information or question, for order follow-up, or to invoke the warranty, the customer must contact customer service by filling out the contact form located on the "contact" page of the site.
11 - personal data protection
the customer is informed and agrees that their personal data may be collected on the site and used by Figure.s acting as head of processing within the meaning of law 78-17 of 6 january 1978 on information technology, files and freedoms as amended on 20 January 2017 and as amended by the general regulation (eu) on the protection of 2016/679 data dated 27 april 2016 (' it law and freedoms ").
Figure.s is committed to protecting and ensuring the security and confidentiality of its customers' personal data in accordance with the french data protection act, in particular by taking all necessary precautions to prevent such data from being distorted, damaged or accessed by unauthorized third parties. It is specified that the site is hosted by Squarespace, inc., which provides to Figure.s an online e-commerce platform to sell products and services and that the customer's personal data is stored via Squarespace's data storage, its databases and the general Squarespace application. Squarespace stores this personal data on a secure server protected by a firewall. if the customer is located in the european economic area, the customer's personal data is processed by Squarespace.
In the event of a violation of personal data, Figure.s notifies the cnil of the violation in question as soon as possible. if the violation of personal data is likely to create a high risk for the rights and freedoms of a customer, salut beauté informs the person concerned of the violation of personal data as soon as possible.
The personal data of customers may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the Data Protection Act, intervene and contribute directly to the management of orders and for whom it is absolutely necessary to access the personal data provided by the customer during the creation and use of Their account (identity, postal address, telephone number, e-mail address). Subcontractors may only act on the instructions of salut beauté.
Personal data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable us to Figure.s improve and personalise the services offered to customers and to inform them of offers and commercial information related to the brand.
The customer's personal data are kept only for the time strictly necessary for the purposes previously stated. in particular, the customer's personal data that are collected :
_for the purposes of order management and customer relations and customer information may not be kept beyond the period strictly necessary for the management of the commercial relationship with the customer ;
_for commercial prospecting purposes may be retained for a period of three years from the end of the business relationship with the customer.
The personal data of the non-customer prospect may be kept for a period of three years from the time of collection by Figure.s or from the last contact from the prospect.
The customer can also ask me the information concerning them and make any necessary corrections directly with me.
12 - commercial offers and newsletters
Figure.s is likely to send customers information relating to articles and commercial offers by mail, e-mail, sms, telephone or via all the web spaces animated by salut beauté on social networks, subject to prior acceptance.
The customer has at any time the right to oppose at no cost to these commercial prospecting shipments:
_if by e-mail, clicking on the "unsubscribe" link at the bottom of each email;
_if by sms, answering stop to sms; and
_if via all the web spaces animated by salut beauté on social networks, by unsubscribing from the page Figure.s .
13 - cookies
When consulting the site, information about the browsing of customers is likely to be recorded in "cookies" files installed on their terminal (computer, tablet, smartphone).
These cookies are issued in order to facilitate the browsing of the site and allow to recognise the browser of the customers when they are connected to the site.
Cookies are only installed after acceptance by the customer, the continuation of the navigation on the site worth accepting.
Most browsers accept cookies automatically, but the client may at any time choose whether or not to accept cookies from its browser settings, often located in the "tools" menu or "preferences" of its browser.
Any settings implemented by the customer will be likely to negatively affect his user experience and parts of the site may no longer be accessible in their entirety.
The site uses computer applications from third parties, which allow the customer to share content of the site with other people or to make known to these other people their opinion regarding content of the site (social networks such as facebook, "google +", "twitter", etc.). when the customer consults a page of the site containing a button "share" or "i like", their browser establishes a direct connection with the servers of the social network concerned. if it is connected to the social network during navigation, the application buttons can be used to link the pages viewed to its account. if it interacts by means of plug-ins, for example by clicking on the button "like" or leaving a comment, the corresponding information will be transmitted to the social network concerned and published on its account. if the customer does not want social networks to link the information collected via the site to his account, they must disconnect from the social network concerned before visiting the site.
Figure.s is under no circumstances responsible whatsoever for the content or operation of any of the social networks, including those that may be linked to the site. to understand how social networking sites use information about the customer's activities on our website and on the internet, the customer is invited to read their respective terms of use and privacy policies.
14 - intellectual property, domain name and website
The reproduction or representation, in whole or in part, of the pages, data and any other constituent of the site figure-s.com, by any process or support whatsoever, without prior written authorisation of Figure.s, is prohibited (with the exception of copies for private use and those made for the purposes of the press) and constitutes an infringement punishable by the intellectual property code, which may incur civil and/or criminal liability for its author.
The trademarks appearing on this website, in particular the Figure.s trademarks, are registered Figure.s by salut beauté. Any total or partial reproduction or use of these trademarks without the prior written authorisation of their owner is prohibited.
Figure.s is the exclusive owner of all the elements (models, illustrations, images, soundtracks, texts, logos, trademarks, etc.) making up the site.
It is consequently forbidden to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the previous paragraph, as well as to alter the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on the elements made available within the site, and more generally to use or exploit these elements otherwise than in the context of the execution of the present.
As such, the reproduction or use of all or part of these elements is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
15 - partial invalidity
If one or more stipulations of the GTC are held for invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall retain all their strength and scope.
_non-waiver
no tolerance, inaction or inertia of salut beauté may not be construed as waiving its rights under the terms of the GTC.
_applicable law - competent jurisdiction
the GTC are subject to french law.
In the event of a dispute, the customer and Figure.s may have recourse to conventional mediation. Figure.s informs the customer in this respect of the existence of alternative methods of dispute resolution such as, in particular, mediation or arbitration.
Yhe client may contact the dispute resolution platform put online by the european commission at the following address: http://ec.europa.eu/consumers/odr/.
Any dispute relating to the execution or breaking of a sale, the interpretation, execution or termination of these GTC shall be subject, in the absence of an amicable agreement, to the legally competent courts.