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Terms and Conditions
- FÉLICIE EYMARD –

Terms and Conditions (“T&C”)
General information
Product features and availability
Customer Account
Order
Delivery
Financial terms and conditions
Withdrawal
Claims, exchanges and refunds
Warranties and liability
Intellectual property
Personal data
Miscellaneous

Form return

THE PURPOSE OF THESE GENERAL TERMS AND CONDITIONS IS TO DEFINE THE RULES APPLICABLE TO THE ORDERING OF ARTICLES OFFERED BY FÉLICIE EYMARD SASU, OPERATOR OF THE FÉLICIE EYMARD TRADEMARK. THEY ARE VALID FROM MARCH 1, 2024, FOR ALL ORDERS MADE AFTER THIS DATE. THE CUSTOMER MAY SAVE THESE GENERAL TERMS AND CONDITIONS, IT BEING UNDERSTOOD THAT AS LONG AS THE SAVING IS THE SOLE RESPONSIBILITY OF THE CUSTOMER, THESE GENERAL TERMS AND CONDITIONS OF SALE MAY BE AMENDED. IN THIS CASE, THE CONDITIONS APPLICABLE TO THE CONTRACT ARE THOSE IN FORCE ON THE SITE AT THE DATE OF THE ORDER. THE CUSTOMER DECLARES THAT HE/SHE HAS FULL LEGAL CAPACITY TO ENTER INTO THE PRESENT TERMS AND CONDITIONS.

1. GENERAL INFORMATION

The present website www.felicieeymard.com (hereinafter, the “Site”) is published by FÉLICIE EYMARD, a simplified single shareholder company (Société par actions simplifiée unipersonnelle) registered under number 984 287 540, having its registered office at 120 boulevard Raspail, 75006, Paris, for the sale of clothing, accessories, and other home furnishings (hereinafter, the “Products”). The items on the Site are manufactured to order and distributed in accordance with current legislation.

These General Terms and Conditions (hereinafter referred to as the “T&Cs”) govern the conditions relating to the ordering of Products from FÉLICIE EYMARD (hereinafter referred to as the “Vendor”) by the customer, a natural person (hereinafter referred to as the “Customer”).

2. PRODUCT FEATURES AND AVAILABILITY

Collections and availability. The Products marketed by the Vendor may differ in composition and assortment according to the collections. Product offers are valid as long as they are visible on the Site, and at the time of confirmation and payment of the Order by the Customer. The Vendor may change his offer at any time, in particular by adding, modifying, or withdrawing Products, or by modifying the informations associated with them.

Features. Products may include, but are not limited to:
High-quality silk garments with designs hand-drawn by a professional artist, printed on both sides using a sophisticated textile printing process ;
Objects for interior decoration and tableware ;
Stationery and wallpaper ;
Home products and other related items ;
Unique pieces, original designs or designs reproduced by the Vendor, in accordance with applicable legislation ;
Pieces and products resulting from collaborations with other entities may also be included in the collections, subject to separate contractual agreements.
All Products offered for sale are new and comply with applicable legislation and standards.

The Vendor undertakes to indicate on the Site the origin of the Products sold or their components.

Representation of Products. The Vendor endeavors to present the characteristics of the Products as clearly as possible, via the visuals and descriptions that appear on the Site. However, it should be noted that the models presented on the Site are for illustrative purposes only and have no contractual value. The Vendor will do its best to present the Products as faithfully as possible.
However, it does not guarantee that the colors reproduced on the Site are exactly the same as those of the pieces physically presented or delivered to the Customer.
Regarding textile Products, slight irregularities in design and printing are inherent to the nature of the materials used and the printing process. They contribute to the uniqueness of the Product.

One size fits all. The garments available on the Site are offered in one size only, corresponding to international sizes XS to XL (EUR sizes: 32 to 42, US sizes: 2 to 12). The Seller makes every effort to provide information on the dimensions of the Products, as far as possible.

However, the Customer acknowledges that, depending on the cut, material, seams and style of the garment, the sizes or lengths indicated may vary by a few centimeters. The Seller does not guarantee that the garments will fit the Customer perfectly, as size standards may vary between models, brands, and countries. The Customer has a right of withdrawal, in accordance with Article 7 of these T&Cs, to return Products that do not suit him/her, subject to compliance with the return conditions set out in these T&Cs.

Products made from natural or artisanal materials. The Products available on the Site are made from natural or artisanal materials, such as silk, wool, cotton, linen, leather, ceramics, wood, etc. These materials are delicate, and subject to unique characteristics. They may vary in color, texture, shape or finish. During the production and manufacturing process, it may happen that a slight defect or irregularity forms on these Products. In such cases, if these imperfections are deemed too visible or significantly affect the quality of the Product, the items concerned will not be shipped.

3. CUSTOMER ACCOUNT

Creation of a Customer Account. To place an Order on the Site, the creation of a customer area (hereinafter, the “Customer Account”) is required. Customers with a Customer Account will be able to benefit from features such as order tracking, delivery information management, order history and exclusive offers through the receipt of promotional e-mails. The Customer may unsubscribe from these promotional e-mails at any time.
The creation of a Customer Account is restricted for individuals aged sixteen (16) or over. However, the Site may be accessible to individuals under the age of sixteen (16), under the supervision of an adult with parental authority.
Information to be provided. Customers are required to provide personal information (surname, first name, valid e-mail address, postal code, date of birth, password), which will be processed in accordance with the Site’s Privacy Policy, available at the following address: [URL of the Privacy Policy].
Once the registration has been validated, the Customer can log in using his/her e-mail address and password.
The Customer undertakes to fill in the registration form correctly, and in particular to provide only accurate, up-to-date and complete information. In particular, the Customer undertakes not to use an invalid pseudonym or e-mail address, or one which might infringe the rights of third parties (use of the patronymic, trademark of another, or works protected by copyright and/or related rights) for any reason whatsoever. The Vendor reserves the right to refuse and/or demand correction of the pseudonym or any other information communicated. Validation of the Customer Account may be subject to confirmation of the e-mail address, by means of an e-mail sent to the e-mail address communicated.
Account deletion. The Customer may delete his Customer Account at any time by sending an e-mail to the following address: hello (@) felicieeymard.com
The Vendor reserves the right to suspend or close the Customer Account in the following cases:
Fraudulent use of the Customer Account or the email address used for identification.
Serious breach of any of the obligations set forth in these T&Cs.
The deletion of the Customer Account entails the deletion of all Customer data held by the Vendor.

4. ORDER

Ordering process. The Customer places an order online via the Site by first selecting the Products he/she wishes to purchase (hereinafter, the “Order”), following the instructions required to open a Customer Account, and entering delivery and payment information.

Once payment has been made, the Customer will receive an e-mail confirming acceptance of the payment, equivalent to an invoice, and listing the various elements of the Order.

The Customer will then receive electronic confirmation that the Order has been shipped. The sale will only be considered definitive once this shipment confirmation has been sent to the Customer.

By confirming his/her Order, the Customer acknowledges that he/she has taken note of the characteristics and specific features of each of the Products (name, price, quantity, size, delivery times, materials, etc.) and expressly declares that he/she accepts them without reservation.

Likewise, confirmation of the Order implies acceptance of these T&Cs which, together with the confirmation e-mail, form the sales contract between the Vendor and the Customer (hereinafter referred to as the “Contract”).

Pre-order. When placing an Order for a Product indicated as being on “Pre-Order” on the Site, the Customer accepts that the Product will be manufactured once the Order has been confirmed and payment has been received. Products indicated as being on “Pre-Order” are not immediately available and may require a manufacturing lead time, which may vary between six (6) and eight (8) weeks from receipt of payment. Therefore, for each Product available as a “Pre-order”, the Vendor indicates on the Site the words “Pre-order” and the corresponding lead time in weeks.

In addition, the Vendor will inform the Customer directly by e-mail if this time limit is extended due to the flow of Orders in particular, in order to indicate the new time limit.

Order cancellation. Apart from the exercise of the right of withdrawal, all Orders are deemed firm and may only be cancelled prior to delivery with the express consent of the Vendor and on terms that will compensate the Vendor for any loss or damage caused by such cancellation.

5. DELIVERY

Delivery charges are agreed in addition to the Order price. Delivery times are specified at the time the delivery method is chosen, when the Order is placed. These times correspond to the indicative delivery times communicated by the chosen carrier. The Vendor cannot be held responsible in the event of non-compliance with these times, or in the event of non-delivery of the parcel by the service provider.

Once the Product has been manufactured, it will be sent to the delivery address provided when the Order was placed. It is therefore the Customer’s responsibility to check that this address is correct. The Customer will receive an e-mail notification including the tracking number assigned by the carrier, enabling him/her to follow the status of the delivery.

The Vendor declines all responsibility for delivery in the following cases:

Return of the parcel following an address error or an incomplete address. At the customer’s request, the parcel may be reshipped against payment of a new delivery charge.
Return of parcel following non-recovery of the parcel within the time limit set by the carrier’s services. At the Customer’s request, the package may be reshipped upon payment of new delivery charges.

For deliveries outside France, the Customer is informed that customs duties and taxes may apply depending on the destination country and the value of the Order. The Customer is also responsible for paying any taxes upon receipt of the parcel. These costs are the sole responsibility of the Customer. The Vendor is not obliged to check or inform the Customer of any applicable customs duties or taxes. The Customer is invited to check with the relevant authorities in his/her country before placing the Order.

The Customer must keep proof of payment of duties and taxes, in the event of a return or dispute concerning the Order.

6. FINANCIAL CONDITIONS

Price. The Customer agrees to pay the price in the currency indicated on the Site. The prices invoiced are those in force on the Site on the date of the Order. All prices are quoted inclusive of all taxes and do not include delivery charges. The Vendor reserves the right to modify prices at any time.

Terms of payment. Orders are paid for by credit card (CB, Visa, Visa Electron, Mastercard and Maestro). Bank cheques and other methods of payment are not accepted.

In the event of non-payment, due to the bank’s refusal to proceed with the transaction or to a stop payment made by the Customer on the transaction, and this before or after the transaction has been concluded, the Vendor will terminate the Contract without notice or delay and may, where applicable, require the return of the Product at the Customer’s expense.

7. WITHDRAWAL

Right of withdrawal. The sale is considered final upon confirmation of the Order by the Vendor and payment of the price.

No later than fourteen (14) days from the date of receipt of the Order, the Customer may submit a return request to the following e-mail address: hello (@) felicieeymard.com

If the Customer so wishes, he may submit his request using the withdrawal form provided in these T&Cs (see Appendix 1 “Claims and/or withdrawal forms”). This request must be sent as soon as possible and no later than fourteen (14) days from the date of receipt of the Products.

It is imperative to respect the original packaging, which has been designed and produced to protect the Product in the best possible conditions during transport. Therefore, for any package returned without all the elements included in the original packaging, the Vendor cannot be held responsible in the event of breakage or deterioration of the Products.

The right of withdrawal cannot be invoked for Products that have been modified, damaged and/or soiled by the Customer.

In the event of a defect in the Product, the Customer may file a claim in accordance with the following clause (see “CLAIMS, EXCHANGES AND REFUNDS”).

8. CLAIMS, EXCHANGES AND REFUNDS

Refunds in the event of unavailability. If a Product is unavailable after an Order has been proceeded, the Customer will be informed by e-mail, and the Order will then be automatically cancelled. The Vendor undertakes to reimburse the Customer as soon as possible, and at the latest within fourteen (14) days of the cancellation of the Order.

Claims in the event of non-conformity. In the event of non-conformity of the Products delivered with the specifications stipulated in the Order e-mail, the Customer may file a claim to the Vendor (hereinafter, the “Claim”), in order to obtain an exchange or refund of the Product(s) concerned.

Claims must be sent within three (3) working days of delivery, by e-mail to the following address: hello (@) felicieeymard.com

Customers may use the form provided in these T&Cs (see Appendix 1 “Claims and/or withdrawal forms”).

Whatever its form, the Claim must mention the Order number in the subject line. The Customer specifies the defect or non-conformity of the Product and indicates whether he/she wishes to obtain a return or refund. The Customer shall provide photographs to justify the defect or non-conformity of the Product, otherwise the Claim cannot be taken into account by the Vendor.

Definition of non-conformity. Variations in color, texture, shape, or pattern are inherent to the nature of the materials used in the manufacturing process. They contribute to the uniqueness of the Product, whatever the material used. The Product may therefore differ slightly from the images presented on the Site.

The Customer acknowledges that Products may present variations in appearance due to the manufacturing techniques employed. These variations do not constitute hidden defects or grounds for complaint of non-conformity of the Product.

The Customer agrees to accept the unique, hand-crafted nature of each Product (see “PRODUCT CHARACTERISTICS”).

Refunds and exchanges. The e-mail sent by the Customer indicates whether the Claim is made with a view to a refund or return of the Product(s) concerned. The Product cannot be taken back or exchanged without the Vendor’s express agreement.

Products must be returned to the Vendor in the condition in which they were received and in their original packaging. No Product may be refunded or exchanged until it has been returned to the Vendor’s premises. Once the returned Product has been received and accepted in accordance with these T&Cs, the refund or return will be processed as soon as possible.

Refunds for returned Products will be made directly to the payment method used to place the Order.

Exchanges are made by delivering a new Product to the address indicated at the time of the Order. The Vendor will pre-order and dispatch a new Product without delay upon receipt of the returned Product, and will inform the Customer by e-mail of the new manufacturing and delivery times applicable.

9. WARRANTIES AND LIABILITY

Legal warranty of conformity. All Products are covered by the legal warranty stipulated in articles 1641 et seq. of the French Civil Code. Excluded from the legal warranty is any Product whose deterioration is the result of an accident, inappropriate handling or use (tears, shocks, exposure to corrosive products). Similarly, oxidation of the Product caused by humidity, temperature variations, acidity of the skin or wear and ageing of materials and textiles are not covered by the warranty.

Translated with DeepL.com (free version)

Liability. The Vendor may not be held liable for any inconvenience or damage relating to the use of the Internet network, such as, in particular, a break in service, the presence of computer viruses or external intrusions, and more generally for any event qualified as force majeure or acts of third parties by the regulations in force (see “Force majeure”). Similarly, the company may not be held liable for the content of sites to which hypertext links may refer from the Site.

Force majeure. The Vendor shall not be liable to the Customer for any failure to perform or any suspension of performance of its obligations under these T&Cs if such failure or suspension results or arises in any way whatsoever from an event of force majeure within the meaning of article 1218 of the French Civil Code and the case law of the Cour de cassation.

Provided, however, that: (1) the Vendor wishing to invoke such force majeure to justify non-performance or suspension shall inform the Customer without delay in writing, indicating its foreseeable duration and the period for which suspension of performance is requested, (2) the parties shall consult in good faith to consider the modification of the conditions to take account of such suspension and other modifications desired by either of them as a result, and (3) if the parties fail to reach agreement in this context after a period of sixty (60) calendar days, either party will be entitled to terminate the Contract subject to informing the other in writing by registered mail with acknowledgement of receipt. In the event of termination due to force majeure, neither party shall be liable to the other.

Force majeure cannot be invoked by the Customer to contest his obligation to pay the price.

10. INTELLECTUAL PROPERTY

The Products offered by the Vendor are protected by intellectual property rights, strictly owned by the Vendor. These rights include, but are not limited to, copyrights and designs rights. They concern both the final Product and the hand-drawn motifs and patterns.

The Vendor also owns the intellectual property rights to all items displayed on the Site, such as texts, images, logos, graphics, videos, etc.

The Felicie Eymard trademark registered by the Vendor is also protected by intellectual property rights.

Any reproduction, imitation, unauthorized use or violation of the above-mentioned rights is strictly prohibited. The Customer acknowledges and accepts that browsing the Site and purchasing these Products do not confer any intellectual property rights, and that any unauthorized use constitutes an infringement of the rights of the Vendor, which may result in legal proceedings.

11. PERSONAL DATA

Details on the collection, processing and use of personal data are specified in the Privacy Policy available at [URL of the Privacy Policy].
In the context of placing and processing Orders, the Vendor must necessarily collect the Customer’s personal data, e-mail address and postal address, which are considered to be personal data within the meaning of the General Data Protection Regulation.

As the party responsible for processing personal data, the Vendor undertakes to collect and process such personal data in compliance with the legal obligations in force.

In particular, the Vendor undertakes (1) to process personal data for the sole purpose(s) of the Contract; (2) to guarantee the confidentiality and security of personal data processed by it under the said Contract; (3) to inform the Customer without delay in the event of a personal data breach or notification from the CNIL or any competent authority; and (4) not to process personal data without the Customer’s authorization.

In accordance with the French Data Protection Act of January 6, 1978, customers have the right to access, modify, rectify and delete their personal data. Customers should notify their wish to exercise this right by e-mail or post to the following addresses:

E-mail: hello (@) felicieeymard.com
Postal address: 120 Boulevard Raspail, 75006, Paris
By accepting these T&Cs, the Customer confirms that he has read the Privacy Policy, and expressly consents to the processing of his personal data in accordance with said policy.
Customers retain the right to access, rectify, delete or object to the processing of their personal data, as detailed in the Privacy Policy.

12. MISCELLANEOUS

Notification. Unless otherwise specified, notifications must be addressed to :

To the Customer: by e-mail, using the address provided when the Order was placed.

To the Vendor: by e-mail to the following address
E-mail: hello (@) felicieeymard.com
Postal address: 120 Boulevard Raspail, 75006, Paris

Entire agreement. The Order e-mail, the Privacy Policy and these T&Cs constitute the entire agreement between the parties and supersede any negotiations, representations and agreements that may have existed between the parties.

Severability. If any provision of these T&Cs is for any reason held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect without being altered or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

Applicable law and jurisdiction. The relationship between the parties and these T&Cs are governed by French law.

In the event of any dispute or disagreement to which these T&Cs may give rise, or more generally in connection with the ordering process via the Site, the Customer may first contact FÉLICIE EYMARD’s customer service department directly, via the e-mail address indicated above.

Failing amicable resolution, the parties agree to submit any dispute or objection relating to the GTC, whatever the legal basis, to the exclusive jurisdiction of the Paris Commercial Court.

 

 

CLAIM AND RETURN FORM

Confirmation

3 + 2 =

At the same time, if you wish, you can e-mail us a photo of the product you are complaining about: hello (@) felicieeymard.com

We will contact you as soon as we receive your complaint.