Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
1. SELLER IDENTITY
The Site is operated by IDLF SA, a public limited company with share capital of €61,164.50, whose registered office is located at 10 rue du Mail, 75002 Paris, registered with the Paris Trade and Companies Register under number 792 301 806, NAF code 7740Z, intra-Community VAT number FR67 792 301 806.
Publisher: Fabrice Boé.
Hosting: Shopify.
Customer Service: IDLF SA – Web Customer Service, 10 rue du Mail, 75002 Paris, France – contact@inesdelafressange.fr.
IDLF SA has professional civil liability insurance taken out with AXA through Audit et Risk Solutions, 47 rue de Liège, 75008 Paris, policy no. 5855876304, in accordance with the territorial scope and coverage provided in the insurance contract.
2. PURPOSE AND SCOPE
These General Terms and Conditions of Sale (“GTCS”) govern product sales offered by IDLF SA on the website www.inesdelafressange.fr (the “Site”) to individuals acting for purposes outside their commercial, industrial, craft, professional, or agricultural activities (the “Customer” or the “consumer”).
The applicable General Terms and Conditions of Sale are those in force on the date of the order. The Customer must be able to review them before concluding the contract and expressly accept them when placing the order. IDLF SA reserves the right to amend them for the future.
3. PRODUCTS – PRE-CONTRACTUAL INFORMATION
Before placing an order, the Customer has access on the Site to essential information about the Products, including their main characteristics and price. Photographs and representations are for illustrative purposes; IDLF SA strives to present the Products as accurately as possible.
Offers remain valid while they are visible on the Site and subject to availability. If a Product becomes unavailable after an order has been placed, the Customer will be informed as soon as possible and any amounts paid for the unavailable Product will be refunded.
In accordance with the Consumer Code, before concluding the contract, the Customer receives the required information, particularly regarding the professional’s identity and contact details, price, payment and delivery terms, statutory guarantees, the right of withdrawal, and consumer mediation.
4. ORDER
4.1 Ordering process
The Customer selects the Products they wish to purchase and follows the various steps of the ordering process. Before final confirmation, they can review the details of their order, its total price, and correct any errors.
The order becomes binding when the Customer confirms it using the button bearing unambiguous wording indicating that the order entails an obligation to pay, after accepting these General Terms and Conditions of Sale.
4.2 Confirmation and archiving
IDLF SA sends the Customer, on a durable medium and within a reasonable period after the conclusion of the contract, an order confirmation containing the required contractual information. The Customer is encouraged to retain this confirmation and these General Terms and Conditions of Sale.
4.3 Refusal or cancellation
IDLF SA may refuse an order for a legitimate reason, including if the Product is unavailable, in the event of fraud or attempted fraud, a previous payment incident, or a request that is abnormal in view of a consumer’s needs.
5. PRICES
Prices are shown in euros, inclusive of all taxes where French VAT applies, excluding delivery charges displayed before the order is validated. The total price payable by the Customer is indicated before the final confirmation of the order.
For deliveries outside the European Union or to certain territories, customs duties, local taxes or import charges may be payable upon arrival. Unless otherwise required by the sales method selected on the Site, these amounts remain the responsibility of the Customer, who must obtain information from the competent authorities in their country.
IDLF SA may change its prices at any time; the price charged is the price displayed and accepted at the time of ordering.
6. PAYMENT
Payment is made using the payment methods actually offered to the Customer on the Site at the time of ordering, including, subject to availability, by bank card, PayPal or Alma.
Transactions are secured by the payment service providers used by the Site. IDLF SA does not retain the Customer’s complete banking details when they are processed directly by the payment service provider.
The order may be suspended or cancelled if payment authorisation is refused or payment is unsuccessful. The Products remain the property of IDLF SA until the price has been paid in full.
7. DELIVERY
7.1 Delivery areas and address
The Products are delivered to the countries and territories offered on the Site at the time of ordering, to the address provided by the Customer. The Customer is responsible for the accuracy of the information provided.
7.2 Delivery times
Before the contract is concluded, the Site indicates the date or period within which IDLF SA undertakes to deliver the Products. The displayed delivery times must be those actually applied by IDLF SA and its carriers.
In the absence of an indication or agreement regarding a delivery date, the Product shall be delivered without undue delay and no later than thirty days after the contract is concluded, subject to applicable statutory provisions.
7.3 Late or failed delivery
If IDLF SA fails to meet its obligation to deliver on the date or within the period specified, the Customer has the rights provided by the Consumer Code, including, depending on the circumstances, the possibility of terminating the contract after asking IDLF SA to make the delivery within a reasonable additional period, except where termination may take place immediately in accordance with the law.
7.4 Receipt
The Customer is advised to check the condition of the package and Products upon receipt and to report any anomaly, missing Product, or damage to Customer Service. This recommendation does not limit the Customer's rights under the statutory warranties.
8. RIGHT OF WITHDRAWAL
8.1 Period
In accordance with Articles L. 221-18 et seq. of the Consumer Code, the Customer has, except where legally excluded, fourteen (14) days to exercise their right of withdrawal without having to provide reasons for their decision.
For a sale of goods, this period begins on the day the goods are received by the Customer or by a third party, other than the carrier, designated by the Customer. In the case of an order for several goods delivered separately, or for a good consisting of multiple lots or parts delivered in stages, the period runs in accordance with the rules provided by the Consumer Code.
8.2 Exercise of the right
The Customer may exercise their right of withdrawal by sending, before the expiry of the period, the standard form attached to these General Terms and Conditions of Sale or any other unambiguous statement expressing their wish to withdraw, to: IDLF SA – Web Customer Service, 10 rue du Mail, 75002 Paris, France – contact@inesdelafressange.fr.
Where the online withdrawal functionality required by law is applicable to the Site, the Customer may also use it under the conditions provided by law.
8.3 Return of Products
The Customer shall return or hand back the Products without undue delay and, no later than fourteen (14) days after communicating their decision to withdraw.
Return address currently provided by IDLF SA: INES DE LA FRESSANGE – LOGISTICS Warehouse NC, 17 avenue du Noyer à la Malice, 95380 Louvres, France.
The Client is responsible for any depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Products.
The practical arrangements and payment of return costs must correspond exactly to the policy displayed on the Site. If IDLF SA provides a prepaid label for certain areas, this commercial coverage is indicated to the Client. In other cases, where permitted by law and where the Client has been informed in advance, the direct return costs may remain payable by the Client.
8.4 Refund
In the event of a valid withdrawal, IDLF SA refunds all payments received from the Client in respect of the relevant order, including delivery costs corresponding to the least expensive standard delivery method offered, under the conditions and within the time limits provided for in Article L. 221-24 of the French Consumer Code.
IDLF SA may defer the refund until it has received the goods or until the Client provides proof of having shipped them, whichever occurs first.
The refund is made using the same means of payment as that used for the initial transaction, unless the Client expressly agrees to another method and provided that this refund does not incur any fees for the Client.
8.5 Exceptions
Pursuant to Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised in particular for goods made to the consumer’s specifications or clearly personalized goods, or for goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection, where the statutory conditions for the exception are met.
9. LEGAL GUARANTEES
9.1 Legal guarantee of conformity
The consumer benefits from the legal guarantee of conformity under the conditions set out in Articles L. 217-3 et seq. of the French Consumer Code. IDLF SA is liable for defects in conformity existing at the time the goods are delivered and appearing under the conditions and within the time limits provided for by law.
In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement under the conditions laid down by law. Failing this, or in the cases provided for by law, the consumer may benefit from a price reduction or termination of the contract. Exercising the legal guarantee of conformity is free of charge for the consumer.
The legal guarantee of conformity applies independently of any commercial warranty that may have been granted.
9.2 Legal guarantee against hidden defects
The Customer also benefits from the warranty covering hidden defects in the item sold, provided for in Articles 1641 to 1649 of the French Civil Code. Under the conditions provided for by those provisions, the Customer may choose between rescinding the sale and obtaining a reduction in the sale price.
9.3 Contact
To implement a statutory warranty, the Customer may contact IDLF SA – Web Customer Service, 10 rue du Mail, 75002 Paris, France – contact@inesdelafressange.fr.
These provisions do not deprive consumers of any mandatory rights provided for by law.
10. PERSONAL DATA
IDLF SA processes the personal data necessary to manage the Site, orders, payments, deliveries, returns, customer relations, accounting and legal obligations and, where permitted by applicable regulations, its prospecting and customer-loyalty activities.
Processing is carried out in accordance with Regulation (EU) 2016/679 (GDPR) and the amended French Data Protection Act. Depending on the processing concerned, the legal bases may include performance of the contract, compliance with a legal obligation, the legitimate interest of IDLF SA or the Customer’s consent.
Subject to the conditions provided for by applicable regulations, the Customer has rights of access, rectification, erasure, objection, restriction and portability, as well as the right to withdraw consent where processing is based on consent. The Customer may also lodge a complaint with the CNIL.
Complete information concerning processing activities, recipients, retention periods, any transfers outside the European Economic Area and the procedures for exercising rights must appear in the Privacy Policy available on the Site. These General Terms and Conditions of Sale do not replace that policy.
The historical reference to CNIL declaration no. 1803079 appearing in the former General Terms and Conditions of Sale is deleted, as the general regime of prior declarations has been replaced by the principle of accountability arising from the GDPR.
11. COOKIES
The Site uses cookies and other trackers. Trackers that are strictly necessary for the operation of the Site may be placed in accordance with applicable regulations. Trackers requiring consent are only placed or read after the Customer’s consent has been obtained, in accordance with the procedures presented in the Site’s cookie management tool and dedicated policy.
The Customer must be able to accept, refuse or withdraw consent with a level of simplicity that complies with the applicable requirements.
12. CONSUMER MEDIATION – AMICABLE DISPUTE RESOLUTION
If difficulties arise, the Customer is invited to contact IDLF SA’s Customer Service first in order to seek an amicable solution: contact@inesdelafressange.fr.
Pursuant to Articles L. 612-1 et seq. of the French Consumer Code, following a prior written request to IDLF SA that has remained unsuccessful and subject to the admissibility conditions provided by law, the consumer may refer the matter free of charge to the consumer mediator responsible for IDLF SA:
CM2C – Consumer Mediation Centre of Court Conciliators
49 rue de Ponthieu – 75008 Paris
www.cm2c.net
The consumer may submit their request in accordance with the procedures indicated by CM2C, particularly via its online service. Recourse to the mediator is free of charge for the consumer, subject to any costs they choose to incur personally.
13. APPLICABLE LAW – DISPUTES
These General Terms and Conditions are governed by French law, subject to any more protective mandatory provisions that may benefit a consumer residing in another State where such provisions apply.
In the event of a dispute that is not resolved amicably or through mediation, the competent courts shall be determined in accordance with the applicable legal rules. No provision hereof is intended to deprive consumers of the mandatory rules on jurisdiction to which they are entitled.
14. MISCELLANEOUS PROVISIONS
14.1 Partial invalidity
If any provision hereof is declared null and void or unenforceable, the remaining provisions shall remain in force to the fullest extent permitted by law.
14.2 No waiver
The fact that IDLF SA does not invoke one of the provisions hereof at a given time shall not constitute a waiver of its right to invoke it at a later date.
14.3 Evidence and retention
The computerised records stored in the systems of IDLF SA and its service providers under reasonable security conditions may be used as evidence, without prejudice to the applicable legal rules concerning evidence and the retention of contracts concluded electronically.
APPENDIX 1 – MODEL WITHDRAWAL FORM
To be completed and returned only if you wish to withdraw from the contract.
For the attention of: IDLF SA – Web Customer Service, 10 rue du Mail, 75002 Paris, France – contact@inesdelafressange.fr
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods:
Ordered on (*) / received on (*): ______________________________________________
Order number: __________________________________________________________
Consumer(s)’ name: ___________________________________________________
Consumer(s)’ address: ________________________________________________
______________________________________________________________________________
Date: ______________________
Consumer(s)’ signature (only in the case of notification on paper):
______________________________________________________________________________
(*) Delete as appropriate.