The present general conditions of sale are concluded between:

 

www.fioredeluca.fr (the "SITE") property of Béatrice Bodasca,

company with a capital of 25.000,00 € whose headquarter is

11 BIS AVENUE OF MADRID, 92200 NEUILLY SUR SEINE,

e-mail address beatrice@fioredeluca.fr and

telephone number 07.67.66.50.83,

registered in the Trade and Companies Register of NANTERRE,

under the number 838.005.510.00014.

The website www.fioredeluca.fr is declared to the CNIL under number 2162316.

 

"FIORE DE LUCA" has been the subject of a trademark registration with the INPI (trademark n ° 184433971). Consequently, any reproduction of this mark not authorized by the Seller, constitutes an act of counterfeit liable to criminal and civil prosecution.

 

Hereinafter referred to as "The Seller"

Firstly,

 

and:

 

Anyone making a purchase via the Seller's website, at https://www.fioredeluca.fr/,

Hereinafter "The Customer"

On the other hand.

 

 

PREAMBLE

The Seller is manufacturer of products intended for consumption, marketed through the site www.fioredeluca.fr

 

1. OBJECT

These General Conditions of Sale define the contractual relations between the Seller and the Customer, and the conditions applicable to any purchase made through the merchant website http://www.fioredeluca.fr/.

 

 

2. GENERAL PROVISIONS

 

These general conditions of sale (GTC) apply to all sales of products, made through the website which is part of the contract between the customer and the seller.

The Seller reserves the right to modify these at any time by publishing a new version on its website. The General Conditions of Sale are those in force on the date of placing the order.

Each order implies full and complete acceptance by the customer of these Terms and Conditions of Sale.

The Client declares to have the capacity to conclude the present contract that is to say to be at least eighteen years old and not to be under guardianship.

By these General Terms and Conditions of Sale, the Customer shall refrain from any purchase for resale, within the meaning of Article L 110-1 of the French Commercial Code.

 

 

 

3. PRICE

 

The prices of products sold on the website are quoted in Euros without VAT. Of these prices, the VAT was not applicable, as mentioned in article 293 B of the General Tax Code.

Also the prices quoted are not included transport costs which remain the responsibility of the customer.

The seller reserves the right to change prices at any time without notice, however the prices indicated at the time of placing the order will be applicable to the customer.

The seller agrees to send an invoice in PDF format by e-mail at the time of placing the order. The invoice is established according to the tariff in force on the day of the placing of the order.

The products remain the property of the Seller until the receipt of the price by the Seller.

 

 

4. ORDER PASS

 

Every customer who wishes to place an order on the site must:

View the e-shop page and select the desired product.

Select the color.

Select the size.

Add the product to cart.

Check the elements of the order and, if necessary, correct the errors.

Choose the form of payment and enter your data.

Pay the product.

 

 

5. CONFIRMATION OF THE ORDER

​

Once the purchase has been concluded, a first order confirmation email will be sent followed by a second email to ask the customer for confirmation of the amount debited.

Any order placed on www.fioredeluca.fr will be sent to the customer ONLY after confirming by email and / or by telephone that they are aware of the purchase.

 

The customer will then receive confirmation by e-mail of the payment. 

The products will be delivered to the address indicated by the customer. For the purpose of successful completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification.

The customer is solely responsible for entering the information provided and their accuracy.

The Seller reserves the right to refuse the order, for example for any request made in bad faith or for any other legitimate reason.

The placing of order by the Customer implies full and unreserved acceptance of the latter to these general conditions of sale.

 

 

6. ARCHIVING THE ORDER

 

The Seller records the orders on a reliable and durable support in accordance with Article L.134-2 of the Consumer Code. However, no credit card number is kept.

 

 

7. DESCRIPTION OF PRODUCTS

 

The essential characteristics of the products and their respective prices are indicated on the site www.fioredeluca.fr.

The products are described and presented with the greatest possible accuracy. The seller can not be held responsible in case of minimal variation between the products and the presentation made on the Site.

Illustrations or pictures of products 

offered for sale have no contractual value and the responsibility of the Seller can not be engaged in case of misinterpretation of photos.

The Seller reserves the right at any time to add products, delete or modify their presentation, without particular formalities vis-à-vis Internet users.

The Seller undertakes to deliver products that comply with the regulations in force relating to the safety and health of persons in accordance with the European provisions.

The products will be reserved and sent in production only for the customers having a delivery address of which the Seller provides the transport.

In accordance with French law, each order will be the subject of a summary when the latter is placed.

The period of validity of the offer of the products as well as their price is specified on the site.

The Seller agrees to refund the defective products or not corresponding to the order.

 

The refund can be requested in the following manner : by sending an email to hello@fioredeluca.fr and indicating the concern encountered when receiving the order. The customer service will take care to send the bar code to the carrier at the expense of the Seller once confirmed the truth of the facts.

 

 

8. CLAUSE OF RESERVE OF PROPERTY

The products are the property of the Seller until full payment of the price. The seller is released from any liability once the order has been dispatched.

 

 

9. TERMS OF DELIVERY

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The products are delivered to the delivery address indicated by the Customer and within 48 hours after the Customer's confirmation of the transaction he has made.

 

The products are delivered to the delivery address indicated by the Customer.

The Customer undertakes to indicate the necessary information and without errors concerning the delivery address. Any seizure of error releases the Seller from any liability.

In the event of an incomplete address that makes it impossible for the transport provider to deliver, the Customer will be obliged to pay the costs of re-shipping the order.

Shipments are handled by a transport provider who provides transportation to the delivery address indicated by the customer.

Once the confirmation of the order shipped, the seller disclaims any responsibility for the risks of transport. Damaged package, late delivery and non delivery is the responsibility of the transport provider.

For this you must contact the carrier directly and in the case of anomalies verified thank you to report immediately to the seller, to the email address hello@fioredeluca.fr.

 

 

10. AVAILABILITY OF ARTICLES

 

In case of receipt of a reserved order whose item is no more available on the reel stock, the Seller agrees to refund the customer within 48 hours.

The Customer will be notified by email of the unavailability of the product and refund within 48 hours after receipt of the confirmation by email.

 

 

 

11. TERMS OF PAYMENT

 

Payment is due immediately upon ordering even if they are pre-order products.

The products are settled in EUROS without Value Added Tax (€) and are under the ownership of the Seller until full payment of the order.

The customer can pay by credit card only.

Any other means of payment is not accepted.

The orders can be rules by the following means of payment:

VISA; BLUE CARD ; MASTERCARD; PAYPAL.

Cards issued by banks domiciled outside France must be international bank cards (MASTERCARD or VISA).

 

 

 

12. SECURITY OF PAYMENT

 

All purchases are protected and secure 7 days a week and 24 hours a day.

The payment made by PAYPAL follow the general conditions of use of Paypal. This solution protects the information that customers communicate to the Seller and ensures the compliance and security of each transaction.

Secure online payment by credit card is made by our payment provider STRIPE. Once the payment has been initiated by the customer, the transaction is immediately debited after verifying the information.

The commitment to pay given is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card in the amount relating to the price indicated.

The customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order is canceled.

 

​

13. FIGHT AGAINST CREDIT CARD FRAUD

The IP address of each client has been recorded on our server to prevent any fraudulent activity.

We will prosecute for fraud with the bank card, counterfeit of payment card, scam, breach of trust and / or abusive repudiation any person having directly or indirectly attempt to defraud this site.

 

 

14. RIGHT OF WITHDRAWAL

 

In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days for exercising 

er his right of withdrawal without having to justify motives or to pay penalties, with the exception, if need be, of expenses of return. "

If an item is not suitable, the customer has a withdrawal period of fourteen days from the date of delivery of the goods to return the goods, without defects and the postmark will do times, except for items delivered out Metropolitan France.

The right of withdrawal can be exercised by contacting the Seller by sending an email to the address hello@fioredeluca.fr and communicating any anomaly.

 

The right of withdrawal can be exercised only once the order received. Cancellation of the order before receipt is not possible, only within 24 hours of payment.

 

The return costs are the responsibility of the BUYER;

You can ask us to exchange the size.

Product exchanges are possible within the limit of available stock.

In case our stock is exhausted, we will refund the price of your order.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the products purchased will be refunded.

The return of products are to be made in their original condition and complete (box, cover,) so that they can be marketed in new condition.

Damaged products, returned incomplete will not be returned or refunded.

Beyond the period of fifhteen days from delivery, the items will not be returned or refunded.

Upon receipt of the package, the Seller will judge the perfect condition of the returned items. No returns will be accepted if the returned items have been visibly used and / or damaged by the Customer. The outsole of the shoes must not be damaged.

If the return is refused by the Seller for the reasons stated above, the items will be returned to the Customer at the expense of the latter without it may require any compensation or right to refund.

 

Returns are the responsibility of the BUYER.

 

15. REFUNDS

 

In case of return of unsuitable items, the refund will be made once the items returned to their original condition within 48 hours.

Only the price of the item will be refunded.

 

This refund will be made by credit to the Client's bank account corresponding to the credit card used to pay the order or the PAYPAL account if the order was paid via PAYPAL.

 

In case of unavailability of the product due to lack of material, you will be notified by email within 15 days from the estimated delivery date.

And the refund will be done within 48 hours.

 

 

16. WARRANTIES OF HIDDEN DEFECTS

 

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to the hidden defects of the products.

The Seller undertakes to send products in accordance with orders placed under French regulations.

The products corresponding to these criteria are deemed non-compliant: error on the model (pump instead of sandals) color error (ordered black receipt white) size error (ordered 36 received 38) mismatched shoe size (one foot 35 and one foot 37) asymmetric pair (2 feet left) model received not in accordance with the visual, general quality subject to validation with the customer service.

All products that benefit from the legal warranty of conformity and against hidden defects allow the customer to return non-compliant products.

The Seller refunds the Customer the product apparently defective or not corresponding to the order made.

There is no possibility of exchange or repair of the product, only the refund of the amount of the price paid by the Customer. The return costs will be borne by the Seller.

 

 

 

17. PROTESTS

The Customer may submit any complaint by contacting the Seller at the following coordinates: hello@fioredeluca.fr

 

 

 

18. INTELLECTUAL PROPERTY RIGHTS

 

Béatrice Bodasca is the exclusive owner of all the intellectual property rights or holds the rights of use on all the elements accessible on the site, as well on the structure as on the texts, images, graphics, logo, icons, sounds, software.

 

Any total or partial reproduction of the site www.fioredeluca.fr, representation, modification, publication, total or partial adaptation of any of these elements, whatever the means or process used, is prohibited, except with the prior written consent of Beatrice Bodasca, website owner at email: beatrice@fioredeluca.fr, failing which it will be considered as constituting an infringement and liable to prosecution in accordance with the provisions of articles L.335-2 and following of the Code of Intellectual Property.

 

"Fiore de Luca" has been the subject of a trademark registration with the INPI (trademark n ° 184433971). As a result, 

ute reproduction of this mark unauthorized by the Seller, constitutes an act of counterfeit liable to criminal and civil prosecution.

 

 

 

19. FORCE MAJEURE

 

The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

 

 

 

20. NULLITY AND AMENDMENT OF THE CONTRACT

 

If one of the stipulations of the present contract was canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.

 

 

 

21. PRIVACY POLICY

 

By adhering to these general conditions of sale (GTC), the Customer agrees to the Seller collection and use of personal data for the performance of this contract.

The Seller informs the Customer that the personal data are recorded and strictly confidential only for the use of the mark for the processing of the order.

 

In France, personal data is protected in particular by the law n ° 78-87 of January 6th, 1978, the law n ° 2004-801 of August 6th, 2004, the article L. 226-13 of the Penal Code and the European Directive of the October 24, 1995.

 

On the site www.fioredeluca.fr, the Seller does not collect personal information (according to article 4 law n ° 78-17 of January 06, 1978) relative to the user that for the need of certain services proposed by the site www .fioredeluca.fr.

The user provides this information with full knowledge of the facts, in particular when he proceeds to input them himself.

 

In accordance with the provisions of Article 38 et seq. Of Law 78-17 of 6 January 1978 relating to data, files and freedoms, all users have a right of access, rectification, cancellation and opposition. to the personal data concerning him.

 

To exercise this right, send your request to www.fioredeluca.fr by email: beatrice@fioredeluca.fr or in writing duly signed, accompanied by a copy of the identity document with signature of the holder of the part, specifying the address to which the reply should be sent.

 

No personal information of the user of the website www.fioredeluca.fr is published without the knowledge of the user, exchanged, transferred, assigned or sold on any support to third parties.

 

The website www.fioredeluca.fr is declared to the CNIL under number 2162316.

The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.

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22.KLARNA'S PRIVACY POLICY 

In order to provide you with Klarna's payment options, we may need to provide Klarna with your personal data, including your contact details and your order details, so that Klarna can assess whether you meet the conditions for benefiting and adapt them. to your needs. Your transferred personal data will be treated in accordance with Klarna's privacy policy.

 

 

22. APPLICABLE LAW

 

All clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale which are aimed at, will be subjected to the French right.

Any dispute that may arise between the Parties as a result of the formation, interpretation and / or execution of these presents will fall under the exclusive jurisdiction of the Commercial Court of Nanterre.