Terms and Conditions of Sale
www.mademoisellefani.fr (“the Site”) is published by Société FV, whose registered office is located at 2 route du bourg
, 64210 ARBONNE – registered with the Bayonne Trade and Companies Register under No. 834 072 076, with intra-Community VAT number FR69834072076.
This online store, www.mademoisellefani.fr, is wholly owned by SARL FV.
Any reproduction, in whole or in part, is prohibited without the prior authorization of FV.
I – APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The general terms and conditions of sale set forth below apply to all orders for products and services (the “Products”) placed through the Site with FV by any person (the “Customer”).
The Customer must review the General Terms and Conditions of Sale prior to placing any order (the “Order”), as they are available on the Website. Consequently, by placing an order for a product offered for sale on the Website, the Customer fully and unconditionally accepts these General Terms and Conditions of Sale, which the Customer acknowledges having reviewed prior to placing the order.
FV reserves the right to amend or modify these Terms and Conditions at any time; the version of the Terms and Conditions applicable to any sale is the one posted online at www.mademoisellefani.fr at the time the Order is placed. Consequently, placing an Order requires the Customer’s prior and unconditional acceptance of these Terms and Conditions.
II – INFORMATION ABOUT THE WEBSITE AND WEBSITE ACCESSIBILITY
www.mademoisellefani.fr is an e-commerce website owned and operated by FV.
The Site is open to all Internet users and is generally accessible 24 hours a day, 7 days a week, except in the event of an interruption—whether scheduled or unscheduled—by FV or its service providers for maintenance purposes or in cases of force majeure (as defined herein). FV shall not be held liable for any damages, of any nature whatsoever, resulting from the Site’s unavailability.
FV does not guarantee that the Site will be free of anomalies, errors, or bugs, nor that the Site will operate without failure or interruption. In this regard, FV may, at its sole discretion, determine any period during which the Site or its content may be unavailable. FV also cannot be held liable for data transmission issues, connection problems, or network unavailability.
III – REGISTRATION ON THE WEBSITE
To place an Order, the Customer must first register on the Site by creating an account containing the Customer’s information (the “Account”).
The Customer’s registration on the Website is approved by FV after the standard form completed by the Customer has been verified. The Customer receives an email confirming their registration.
When creating an Account, the Customer must ensure that the information provided is accurate and complete. The Customer is required to keep their personal information up to date at all times. In the event of an error in the recipient’s address, FV shall not be held liable for any failure to deliver the Products.
To make it easier and faster for you to register or log in to our site, you can sign in using “Facebook Connect.” To use this feature, simply click the “Facebook Connect” button if you have a Facebook account to automatically pre-fill your registration form.
To learn more about the protection of personal data during its collection, processing, and use, as well as your rights and optional settings to protect your privacy, please review Facebook’s privacy policies.
By registering on the Site, the Customer represents and warrants to FV that he or she is of legal age and has the legal capacity to enter into a contract.
FV may delete the Customer's Account at any time, for any reason, at its sole discretion
IV – PRODUCTS
The products offered for sale are those described on the Website as of the date the Customer visits the Website, subject to availability. This information is updated automatically in real time. However, FV shall not be held liable for any errors in the update, regardless of their cause.
FV takes the utmost care in presenting and describing these products to provide the Customer with the most accurate information possible. However, errors may appear on the Site, which the Customer acknowledges and accepts.
FV does not guarantee the accuracy or security of any information transmitted or obtained through the Site.
It is possible that, following an Order, the Customer may receive an item that was previously returned by another person. Please note that FV only accepts returns of Products that are intact and unworn; these two conditions are verified before returned Products are restocked.
V – ORDERS
Placing an order on the Website is subject to compliance with the procedure established by FV on the Website, which consists of a series of steps leading to the confirmation of the Order.
The Customer may select as many Products as they wish, which will be added to the shopping cart (the “Shopping Cart”). The Shopping Cart summarizes the Products selected by the Customer, along with their prices and associated fees. The Customer may freely modify the Shopping Cart before confirming their Order. Confirmation of the Order constitutes the Customer’s acceptance of the Terms and Conditions, the Products purchased, their prices, and the associated fees.
FV will send the Customer a confirmation email summarizing the Order (products, prices, product availability, quantity, etc.). To this end, the Customer expressly agrees to the use of email for FV’s confirmation of the Order’s contents. Invoices are available in the “My Account” section of the website.
VI – REFUSAL TO PROCESS AN ORDER
FV reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information appearing on the Site. Despite FV’s best efforts to meet its customers’ expectations, FV may be required to refuse to process an order after sending the Customer an email confirmation summarizing the Order.
FV shall not be liable to the Customer or any third party for any decision to remove a Product from the Site, or for any decision to replace or modify any content or information appearing on this Site, or for any refusal to process an Order after the confirmation email summarizing the Order has been sent.
VII – PRICES AND PAYMENT TERMS
Product prices are listed on the Website in euros for Europe and include all taxes.
All prices shown include the value-added tax (VAT) applicable in France, which may vary depending on the country of billing.
FV reserves the right to change its prices at any time, but products will be billed based on the prices in effect at the time the order is placed, subject to availability.
Products are payable in full at the time the Order is placed.
Prices do not include shipping costs.
Payment for purchases is made either via PayPal or through the secure platform of our partner, ADYEN. The Customer expressly acknowledges that providing their credit card number to FV constitutes authorization to charge their account for the full amount of the Products ordered. If applicable, FV will send the Customer a notification of Order cancellation due to non-payment to the email address provided by the Customer when registering on the Site.
The data recorded and retained by FV constitutes proof of the Order and of all past sales. The data recorded by PayPal or ADYEN constitutes proof of any financial transaction between the Customer and FV.
For all orders placed during the ARCHIVES sale on the online store, products cannot be returned or exchanged.
VIII. DELIVERY
Deliveries are handled by La Poste and Chronopost, Monday through Saturday, depending on the option selected by the Customer when confirming their Order.
Delivery will be made upon signature, which will serve as proof of receipt of the order.
Delivery means the transfer of physical possession of the Products to the Customer (the “Delivery”).
When FV is responsible for shipping the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the Customer, rather than FV, is responsible for arranging transportation.
Delivery is made to the delivery address provided by the Customer, provided that this address is the Customer’s residence, the residence of a natural person of the Customer’s choice, or the address of a legal entity (delivery to the Customer’s business). Delivery cannot be made to hotels or P.O. boxes.
If delivery cannot be made, FV will make every effort to find a secure location to leave the Product. If this is not possible, the Product will be returned to FV’s warehouse.
FV also leaves a notice at the delivery address indicating where the Product is located and the steps to follow to arrange for a new delivery. The Customer may contact FV to arrange for delivery at a later date.
When FV is responsible for shipping the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.
FV delivers Orders within a maximum of 12 (twelve) business days for deliveries within Metropolitan France and 20 (twenty) business days for international deliveries, with this period beginning the day after the Order is confirmed (Please note that FV does not ship Products to the following countries: Morocco, Brazil, Taiwan, South Korea, and the United Arab Emirates).
To ensure that these deadlines are met, the Customer must make sure to provide accurate and complete information regarding the delivery address (such as, but not limited to: street number, building number, stairwell number, access codes, intercom names and/or numbers, etc.).
FV shall not be held liable for any delay in delivery that is not attributable to it or that is due to a force majeure event (as defined below).
If the delivery deadline is exceeded, the Customer may request cancellation of the sale and, within a maximum of 14 (fourteen) days from the date of such request, obtain a refund of the amounts paid in connection with the Order. Notwithstanding the foregoing, FV shall not be held liable for any harmful consequences resulting from a delay in delivery; FV shall only be required to refund the cost of the Product, to the exclusion of any other form of compensation.
IX – REFUNDS AND RETURNS
All non-professional consumers have the right to cancel. The Customer must first notify FV of their intention to exercise the right of withdrawal by email at the following address: [-]. A withdrawal form is available upon receipt of the Products by the Customer or can be downloaded from the Website. It must be returned to FV. In this case, FV will provide the Customer with an acknowledgment of receipt on a durable medium.
The right of withdrawal may be exercised without penalty. If the Customer exercises this right, the Product must be returned to FV within 14 (fourteen) days (beginning on the day the Products are received). After this 14 (fourteen)-day period, the sale is final and binding. The Product must be returned in its original packaging, in its original condition—new, unworn, and unwashed. To make a return, the Customer must follow the procedure provided via email.
Refunds are subject to FV being able to recover the Products originally delivered. Unless the Customer specifies otherwise, FV will issue the refund using the same payment method used for the transaction. For clearance items (backstock), no refunds will be issued; product exchanges will be made subject to availability.
Effective January 1, 2024, the MADEMOISELLE FANI brand has adopted a corporate social responsibility (CSR) policy; the costs associated with product exchanges (sizes, colors, items, etc.) are the responsibility of the customer.
The Customer is responsible for the cost of returning the Products.
If the Customer fails to comply with these Terms and Conditions, FV will not be able to issue a refund for the Products in question. In any case, FV will cover the return shipping costs if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
For sale items (past sales, private sales, Friends & Family sales), no refunds will be issued; exchanges will be made while supplies last.
X – Warranties – Limitation of Liability
FV’s liability with respect to any Product purchased on the Site is strictly limited to the purchase price of such Product. Under no circumstances shall FV be liable for the following losses, regardless of their cause:
- loss of revenue or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- data loss
- loss of work time or administrative time
- damage to reputation
- loss of opportunity
- emotional distress.
The documents, descriptions, and information regarding the Products appearing on the Site are not covered by any warranty, express or implied, except for the warranties provided by law.
FV is solely obligated to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics listed on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the standards of quality and durability generally accepted for products of the same type and that can reasonably be expected.
In addition, FV provides consumers with a warranty against lack of conformity and hidden defects for Products sold on the Site under the following conditions:
Apparent defect
Any apparent defect in a Product must be reported via email to hello.mademoisellefani@gmail.com within three business days of Delivery. All claims must clearly specify the defect in question. Otherwise, no claim will be accepted, and no return or exchange will be possible. The Product must be returned in its original packaging, in its original condition—new, unworn, and unwashed—along with the reference numbers from the original Order and a copy of the complaint, to FV’s corporate headquarters, after sending an email reporting the apparent defect in the Product as described above. In cases of apparent defects confirmed by FV, depending on the details of the Customer’s claim, FV will either issue a credit to the Customer, replace the Product, or issue a full refund of the Price to the Customer within 14 days. If the return procedure is not followed, no exchange, refund, or credit will be issued.
Nonconformity– Hidden Defects
Subject to confirmation of a nonconformity or a latent defect by FV or the manufacturer, as applicable, the Customer is entitled to the following warranties:
– the statutory warranty of conformity, which entitles the Customer, within two years of the Product’s delivery and at no cost, to have the Product repaired or replaced if it does not conform to the Order. This warranty covers defects in the conformity of the Product and its packaging. FV may replace the non-conforming Product. If replacement is not possible within one month of the complaint or if the Customer submits a justified request, the Customer may request a refund of the Product’s price.
– the statutory warranty against hidden defects, under which the Customer may, within two years of discovering the defect, request a refund for a Product that has proven to be unfit for its intended use.
The warranty against hidden defects protects the Customer against hidden defects in the purchased Product that prevent its use or impair it to such an extent that the Customer would not have purchased it.
The Customer then has two options: keep the Product and request a price reduction, or return the Product and request a refund of the price paid.
To claim under these warranties, the Product must be returned in its original packaging, in its original condition—new, unworn, and unwashed—along with the reference numbers from the original Order and a copy of the claim, to FV’s corporate headquarters, after sending an email stating the reason for the return.
For the record, the following legal provisions are hereby reiterated:
Article L. 211-4 of the Consumer Code: “The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time ofdelivery. The selleris also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation was the seller’s responsibility under the contract or was carried out under the seller’s responsibility .”
Art. L. 211-5 of the Consumer Code: “To be in conformity with the contract, the goods must:1° Be fit for the purpose usually expected of similar goods and, where applicable: a) correspond to the description provided by the seller and possess the qualities that the seller presented to the Customer in the form of a sample or model; b) possess the qualities that a Customer may legitimately expect in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising oron labeling.2° Orpossess the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the Customer, which has been brought to the seller’s attention and which the seller has accepted .”
Article L. 211-7 of the Consumer Code: “Any lack of conformity that becomes apparent within six months of delivery of the goods ispresumed to have existed at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity .”
Article L. 211-7 of the Consumer Code: “If repair or replacement of the goods is not possible, the buyer may return the goods and receive a refund of the purchase price, or keep the goods and receive a partial refund of the purchase price. The buyer has the same option:
1° If the requested solution, proposedor agreed upon pursuant to Article L. 211-9 cannot be implemented within one month of the buyer’s complaint;
2° Or if this remedy would cause the buyer significant inconvenience, given the nature of the property and the buyer’s intended use. However, the sale may not be rescinded if the lack of conformity is minor. ”
Art. L. 211-12 of the Consumer Code: “The right to bring an action for lack of conformity expires two years after the delivery of the goods .”
Article 1641 of the Civil Code: “The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the Customer would not have purchased it, or would have paid only a lower price for it, had the Customer been aware of such defects .”
Article 1648, paragraph 1, of the Civil Code: “An action arising from latent defects mustbebrought bythe purchaser within two years of the discovery of the defect .”
Force Majeure
In the event of a force majeure event that prevents the performance of these Terms and Conditions, FV shall notify the Customer within fifteen (15) days of the occurrence of such event, by email or by certified letter with acknowledgment of receipt. In addition to those events generally recognized as force majeure or unforeseeable events under the case law of French courts, the following are expressly considered to constitute force majeure or unforeseeable events: total or partial strikes, lockouts, riots, boycotts, or other industrial actions or commercial disputes; civil unrest; insurrection; war; severe weather; epidemics; blockages of transportation or supply routes for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to marketing practices, computer failure, disruption of telecommunications, including wired or wireless telecommunications networks, and any other circumstance beyond the parties’ control that prevents the normal performance of the contractual relationship. All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction in question may be terminated at the request of FV or the Customer without compensation to either party. Failure by the Customer to make payment cannot be justified by a force majeure event.
XI – PARTIAL DISABILITY
If one or more provisions of these Terms and Conditions are deemed invalid or declared as such pursuant to a law, regulation, or a final decision by a competent court, the remaining provisions shall remain in full force and effect.
XII – NO WAIVER
No tolerance, inaction, or delay on the part of FV shall be construed as a waiver of its rights under the Terms and Conditions.
XIII – GOVERNING LAW – JURISDICTION
The sale of Products is governed by French law. In the event of a dispute, the Customer and FV may resort to contractual mediation. Any dispute regarding the interpretation of the Terms and Conditions, the performance of a sale, or the termination of a sale shall, in the absence of an amicable settlement, be submitted to the courts with jurisdiction.
Information
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1. PUBLISHER
FV
2 Route du Bourg
64210 ARBONNE
Registered with the RCS under number 834 072 076. The publisher is Fanny VELAY, the legal representative of FV.
Contact: hello.mademoisellefani@gmail.com
2. HOSTING PROVIDER
Infomaniak Network SA
25 Rue Eugène-Marziano – 1227 Les Acacias – SWITZERLAND
abuse@infomaniak.ch
3. DESIGN AND IMPLEMENTATION
1 PERSONAL INFORMATION AND COOKIES
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