Terms and conditions
The retail website www.defursac.fr (hereinafter known as the “Site”) is an e-commerce site accessible via the internet, open to all network users (hereinafter known as “Net users”). It is published by the company De Fursac, SA with 2,789,559.18 euros capital, whose registered office is located at 112 rue de Richelieu 75002 Paris, registered at the Paris Register of Trade and Commerce under the number 378 486 096.
The Site allows De Fursac to sell textile products and accessories under the brand name De Fursac (hereinafter known as the “Products”) to the Net users browsing the site (hereinafter known as “Customers”). For the purposes hereof, it is agreed that the Customer and De Fursac will be collectively known as the “Parties” and individually as the “Party”, and that once the Customer has confirmed an order they will be known as the “Buyer”.
All Product orders made on the Site implies the Buyer’s acceptance of these terms and of conditions.
De Fursac reserves the right to modify these terms and conditions at any given moment by publishing a new version of the Site. The terms and conditions are those in force at the date of the order.
- Products & Price
- Receipt of Order
- Reimbursement and Exchange
- Right to cancel
- Data Protection Act
- Various Stipulations
- Sales offers & Newsletters
- Intellectual Property
These terms and conditions govern the rights and obligations of the Parties arising from online sales of Products offered on the Site, they apply to the exclusion of any other document.
Only Products listed on the Site on the day the Customer consults it are available for sale. Product offers are limited to Mainland France, Austria, Belgium, Czech Republic, Denmark, Finland, Germany, Hungary, Ireland, Italy, Luxemburg, Netherlands, Norway, Poland, Portugal, Spain, Sweden, United Kingdom, Australia, Canada, Hong Kong, Japan, Singapore, South Korea and United States of America.
Prices are shown in Euros (all taxes included) for countries within the European Union.
The Value Added TAX (VAT) is in force on French territory. For any order shipped outside of the European Union, customs duties or local taxes may be required by the concerned authorities. These fees will be charged to the Customer under its full responsibility.
The total amount of preparation and delivery costs will be sent to the Customer on the order summary before validation.
3.1. Registration of the order
The Customer who wishes to place an order choses the products of their choice by clicking “Add to Bag”
At any moment the Customer can:
- check the number of Products in their bag and get detailed information on each one by clicking on “BAG”,
- continue choosing Products by clicking on the button “Continue shopping”
- complete their order by clicking on the button “Place order”
All new Customers must fill in the fields in order to create their own customer account. The Customer must complete the form accurately which will show the information necessary for identification including email address, a password of their choice (to remain personal and confidential) which will later serve to identify them on the Site.
Any Customer already in possession of a customer account must identify themselves after clicking “Submit” by entering their email address and password.
The Customer accepts that these two identifying elements will be used to prove their identity.
The provision of personal information collected in the context of distance selling is compulsory, this information being necessary to deal with and deliver orders as well as preparing invoices. This information is kept in strictest confidence.
After having read their order, and once all the information requested has been provided by the Customer, the latter will acknowledge and accept the Terms and Conditions by checking the box provided for this purpose, before validating their order on the Site.
3.2. Order confirmation
Confirming the order is an electronic signature. This signature between the Parties has the same value as a handwritten signature and is proof of the totality of the order and the payment of the sums due pursuant to that order. As soon as the order is confirmed, the Customer becomes a Buyer.
Notwithstanding application of Article R624-3 of the Criminal Code, the Customer will pay for their order via credit or debit card (Carte Bleue, Visa, Euro Card / MasterCard, American Express) or their PayPal account. If the Customer wishes to pay for their order using their bank card, they must provide the number of their card. Depending on the latter, they will then be asked for the expiry date and the security code.
In order to fight against credit card fraud, De Fursac reserves the right to cancel any order for which the 3D-Secure/SafeKey identification process is not successfully validated, or any Paypal transaction which do not come from a verified Paypal account.
The price payable by the Buyer is the amount indicated on the summary page of the order. In any event the amount debited will correspond with the Product(s) actually delivered. The sum to be debited will be so once the parcel is given to the transporter (apart from PayPal account transactions which are debited instantly).
Transactions done on the Site are restricted to the secure payment platform INGENICO. The page on which the Buyer enters their payment details (card number, expiry date, security code) is highly secured; these details are not, at any given time, collected by the De Fursac computer system. This platform encrypts and then sends the payment information to the bank, in total confidence while rendering them inaccessible to any third parties.
The server and payment page are subject to encrypting security by S.S.L. (Secure Socket Layer) to protect to the highest level possible all information linked to means of payment, and so that at any given moment the Buyer’s bank details will not be collected on the De Fursac computer system.
De Fursac reserves the right to cancel any order for which the 3D-Secure/SafeKey identification process is not successfully validated, or any Paypal transaction which do not come from a verified Paypal account.
3.4. Discount codes
- Discount codes on the user’s accounts: discount codes can be offered at any given moment to the holders of customer accounts. These discount codes can only be used only on purchases made through the account on which the discount count was offered and registered.
- Promotional discount codes: promotional discount codes applicable on all or certain purchases on the Site can be offered at any given time.
3.5. Acknowledgement of receipt of the order
After payment, a summary document of the order is sent to the Buyer by email to the email address provided by the latter.
This document is the same as an acknowledgement of receipt bearing all the elements of the contract between the Parties.
De Fursac will endeavour to ensure the order is delivered within the average time given for every type of delivery. All orders registered on the Site www.defursac.fr on the Thursday after 12pm, the Saturday or the Sunday will be processed on the following Monday. Orders registered on the Site www.defursac.fr on a bank holiday other than a Friday, Saturday or Sunday will also be processed on the next business day.
In periods of high activity, delivery times might be lengthened by several days. The delivery option “in store collection” may be de-activated during promotional periods.
Thanks to the tracking number, the Buyer can follow their parcel on the website of their chosen courier (apart from delivery by courier in Paris or in store collection). The Buyer is informed that they must provide all the necessary precisions to ensure proper and perfect delivery of the order (building codes, floor number, access specifications…) If the Buyer is absent when delivery is attempted, a missed delivery card will be left informing the Buyer of where their parcel is being kept and how to retrieve it, under the entire and exclusive responsibility of the courier. If the delivery address given by the Buyer is invalid and leads to the return of a parcel not received at the address indicated, the cost of delivery to a new address will be charged to the Buyer. The Buyer wholly and exclusively assumes all risks relative to the Articles once they have bene delivered.
Products ordered by the Buyer are delivered to Mainland France, Austria, Belgium, Czech Republic, Denmark, Finland, Germany, Hungary, Ireland, Italy, Luxemburg, Netherlands, Norway, Poland, Portugal, Spain, Sweden, United Kingdom, Australia, Canada, Hong Kong, Japan, Singapore, South Korea and United States of America, to the address indicated by the Buyer on the final validation page of their order, together with a delivery note. The Buyer can have Products delivered to another address apart from their own. Delivery cannot be guaranteed in the case of a force majeure, transport and/or postal strike.
Regarding non-E.U. delivery, a tax can be added when receiving the parcel, depending on the Buyer country's customs regulations.
Articles are delivered according to available stock. In the case of an ordered product being unavailable, De Fursac will contact the Customer to inform them and according to the Customer’s choice proceed with replacement or cancellation of the unavailable item, while honouring the order of the other products. The Customer will be invoiced only for the products actually shipped when paying by bank card. De Fursac will reimburse on PayPal accounts and bank account as soon as possible.
Upon receipt of the order, the Buyer will verify that the Products received are those that were ordered. Any anomalies concerning the delivery (note: missing or damaged Products, damaged packaging) should be immediately reported in the 15 days following reception of the Products.
Beyond legitimate reasons, any claims made with the 15 days of reception of the Products will be deemed invalid; the responsibility of De Fursac cannot be engaged.
De Fursac reserves the right to ask the Buyer to return the non-conforming or damaged product.
In the case of abnormal or abusive returns, De Fursac may refuse any future orders.
The Buyer has fifteen (15) working days to ask for a refund request or an exchange on his personal account at www.defursac.fr after the order delivery.
Upon reception of the confirmation email, the Buyer will have seven (7) working days in order to return the Product(s) ordered. The Product(s) must be returned in their original condition and packaging and be brand new (neither washed nor worn).
Return costs are the responsibility of the Buyer for every order costing less than €365 or for any international order.
For all orders delivered to mainland France costing more than €365, a prepaid return label will be sent by De Fursac customer services.
However the transport costs for sending back a faulty or wrong size item will not be refunded beyond 12 euros.
If the above conditions are met, De Fursac will reimburse the Buyer for the total sum of their order within the fifteen (15) days following receipt of the Products by De Fursac, apart from the return costs of the Products if they are the responsibility of the Buyer (if under €365).
This right adds to and is different from the right to cancel.
Without prejudice of legal warranty, the Buyer shall have fifteen (15) working days from the date of receipt to return the Product(s) they have ordered for exchange. Only items returned on time, in their original packaging, unwashed and unworn may be exchanged.
Exchanges for Customers making orders on the site www.defursac.fr :
- In boutique only (excluding corners in department stores) where exchanges for a superior or equal amount is possible, within the limit of available stocks. No refunds nor credit note can be issued in boutiques.
Before any request for exchange, the article(s) to be exchanged must meet the conditions mentioned above. In addition you must show your order confirmation (available in the online account) as well as your ID card.
- On the online boutique: the Buyer can return his order by using the return service of De Fursac (free for orders over €365 in France) by login into his personal account. Our Customer service will make a credit note and will proceed to the exchange with the desired product (upon availability of the product). The shipping costs of the exchanged product will be payed by De Fursac for every order made in mainland France. This service can be deactivated during commercial operations.
Please refer to our category “Our Commitments” for further information.
The Buyer has 14 days from the day after the reception of the good to cancel his order without any justification needed.
After this period, the Buyer can no longer appeal to his right to cancel.
In order to exercise your right to cancel, the Buyer must inform De Fursac customer services by letter at the following address : DE FURSAC- Customer services, 112, rue de Richelieu 75002 Paris or by email to email@example.com .
De Fursac will reimburse the Buyer for the total sum of his order within the fourteen (14) days following receipt of the Products by De Fursac, apart from the return costs of the Products which are the responsibility of the Buyer.
The shipping costs of the initial order are reimbursed up to the full amount of the standard delivery.
The Product(s) must be returned in their original condition and packaging and be brand new (neither washed nor worn).
We will make reimbursement using the same means of payment as you used for the initial transaction within 14 days after the day we receive back from you any of the goods supplied.
Cancelled orders have to be returned at the following address: DE FURSAC- Customer services, Chemin de Malherbaud 23300 La Souterraine.
All of our products come under a legal regime of guarantee, provided that use has been normal and care instructions carefully followed.
Article L211-4 of the Consumer Code
The Seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Article L211-5 of the Consumer Code
To conform to the contract, the product must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the Buyer;
- have the features that a Buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L211-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the Civil Code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Article 1648 Paragraph 1 of the Civil Code
The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.
9.1. Personal information
The personal data collected on the Site is intended for use by De Fursac only with the consent of the Customer.
De Fursac is committed to protecting the personal data of their Customers.
All personal data concerning the Customer collected by De Fursac is treated with the utmost confidentiality, In accordance with the Law 78-17 of 6th January 1978 relating to Computers, Files and Freedom, for the purpose of processing orders.
Information and Customers person data are required to manage orders and relations with the Customers, as well as keep them informed of all offers and sales information that may be of interest.
This information and the managing of Orders are also stored for security purposes, to meet legal and regulatory obligations and to help De Fursac improve and personalise the services offered to Customers.
Under the Data Protection Act of 6th January 1978, the Customer has a right of access, rectification and opposition to the personal data concerning them.
To exercise this right the Customer must address an email or letter to Customer Services at De Fursac by writing to firstname.lastname@example.org or the following address: De Fursac Service Customer, 112 rue de Richelieu 75002 Paris and indicate their first name, surname, email address and customer details.
Every request must be signed and accompanied by a photocopy of an identifying document bearing the signature of the Customer and specifying a return address. A response will be sent within 2 weeks of receipt of the request.
In accordance with the legislation in force, such information will only be addressed to the Customer if, and only if, they have expressly agreed to accept it.
9.3. Web beacons
Some pages of the Site might contain web beacons which count the number of visitors to the Site and / or provide De Fursac with certain indicators.
These web beacons may be used with some of our partners, in the aim of measuring and improving the effectiveness of the Site.
In any event the information obtained via these beacons is strictly anonymous and simply permit the gathering of statistics on traffic to certain pages of the Site, in order to better serve the customers of our Site.
10.1 Force Majeure
De Fursac is not liable for the complete or partial non-execution of its obligations under this contract if non-execution is caused by the result of an unforeseen event, notably in the case of disruption or total or partial strike particularly by the postal services or couriers and/or communications, flood or fire.
The Parties agree to consult promptly to determine how to process the order during an unforeseen event.
Beyond the period of (one) 1 month due to an unforeseen event, the Parties are free of any obligation to one another.
10. 2. Entire agreement
These general terms and conditions and the order summary sent to the Buyer form an entire contract summarising all the agreements made between the parties.
10.3 Conserving and archiving transactions
The archiving of invoices is done on a reliable and durable medium that corresponds with an exact and durable copy.
10.4 Fraud prevention system
To ensure the security of transactions and to meet the demand for fraud prevention in distance selling, De Fursac conducts random checks on orders being placed. In the case of a random check, De Fursac may invite the Buyer to address an email to the following address email@example.com with proof of address and identity, the aim being to ensure the reality of the identity (a copy of both sides of the Buyer’s identity card or a valid passport) plus the address (electricity, water or telephone bill or tax return) to finalise the order.
Delivery times indicated on the order confirmation shall begin to run from the date of receipt of the documents by De Fursac.
10.5 Applicable law – Competent Jurisdiction
These terms and conditions, and the contractual relationships between De Fursac and the Buyer are subject to French law. In the case of dispute, exclusive jurisdiction is given to competent French law courts. De Fursac is committed however to seeking an amicable solution before taking any legal action.
De Fursac may send special offers to Customers by letter, email, text, telephone or any of the web spaces animated by De Fursac or on social networks, subject to prior acceptance.
The Customer has the right at any moment to opt out of this sales prospecting simply by clicking the “Unsubscribe” link featured in each email.
De Fursac owns the intellectual property rights:
- on the Articles offered on the Site,
- on the Site and particular on its tree view, on the organisation and the titration of its columns, on the visual and graphic identity, on its design, on its ergonomics, its features, on the software, texts, animated or fixed images, sounds, know-how, drawings, graphics, and all other elements that make up the Site,
- on the databases, their structure and their contents, conceived and managed by De Fursac for the publishing needs of the Site
- on all the elements of conception of the Site whether they be graphic or technical,
- on the names, acronyms, logos, colours, graphics, and other signs that might be used, produced or implemented by De Fursac.
It is therefore forbidden to reproduce, in any form whatsoever, directly or indirectly, the items listed in the preceding paragraph, or to falsify any of the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on elements provided within the Site, and more generally using or exploiting these elements other than in the execution context hereof.
As such reproduction or use of all or part of these elements is authorised only for the purposes of information for person and private use, all reproductions and all use of copies made for other purposes are expressly prohibited.
Any other use without prior written consent from De Fursac constitutes counterfeiting and is punishable in accordance with intellectual property.
The creation of hyperlinks to the homepage of the Site or any other page within the Site is subject to the prior written consent from De Fursac.