TERMS AND CONDITIONS OF SALE

www.french-philosophy.com (“the site”) is the property of Société French Philosophy International (“FPI”) S.A.R.L a company with a capital of €10,000, headquartered at 19 Ter rue Thiers, Epinal (88000), listed in the Epinal (France) trade register under number 539 371 757, with an intra-community VAT number of FR83 539371757. The site allows FPI to offer various houseware products for sale (hereinafter referred to as “products”) to Internet users visiting the site (hereinafter referred to as “customers”). For the purposes of this document, the customer and FPI will collectively be referred to as “parties” and individually referred to as “party” and a customer who has submitted an order will be referred to as “purchaser.” These Terms and Conditions of Sale are available on the site and the customer is subject to these Terms and Conditions of Sale for each order submitted. All orders for a product offered on the site imply adherence without reserve by the customer to the Terms and Conditions of Sale by clicking on the button “I have read and accept the Terms and Conditions of Sale.” FPI reserves the right to modify the Terms and Conditions of Sale at any time by publishing a new version of same on the site. The applicable Terms and Conditions of Sale are those in force on the date that the order is placed.

  • Article 1. Purpose
  • Article 2. Products and Availability
  • Article 3. Orders and Gift Cards
  • Article 4. Secure Payment
  • Article 5. Prices
  • Article 6. Shipping / Returns
  • Article 7. Right of Retraction
  • Article 8. Liability
  • Article 9. Warranty
  • Article 10. Complaints
  • Article 11. Non-Waiver
  • Article 12. Force Majeure
  • Article 13. Applicable Law and Jurisdiction
  • Article 14. Customs Duties
  • Article 15. Customer Service
  • Article 16. Legal Notice

Retraction Form Template in Appendix

ARTICLE 1: PURPOSE

These Terms and Conditions of Sale define the rights and obligations of the parties resulting from the online sale of the products offered on the site and they apply to the exclusion of all other documents.

ARTICLE 2: PRODUCTS AND AVAILABILITY

The www.french-philosophy.com site offers housewares, wine and champagne products for sale. The products sold are photographed and described as faithfully and accurately as possible. However, errors and omissions are possible. In addition, depending on the Internet browser or screen type used, the colors of items online may not correspond to their actual colors. The products sold are those which are described and visible on the site. The products offered are available subject to stock availability and FPI reserves the right to modify the products offered at the beginning of each week. All out-of-stock products will be indicated. However, the availability and shipping of a product are not guaranteed until FPI has sent an order confirmation email. In the event that a product is not available once an order has been placed and confirmed, an email will be sent to notify the customer. All or part of the customer’s order will be canceled and the customer will receive a refund within 10 business days by either a credit or debit card refund, PayPal or check (depending on the initial payment method selected). Items submitted in the original order that are available cannot be canceled.

ARTICLE 3: ORDERS

Orders are only accepted via the Internet after the customer has accepted the Terms and Conditions of Sale. To submit an order on the www.frenchphilosophy.com site, customers must be registered. Data related to orders is preserved electronically in reliable, long-term format. This data is considered proof of the contractual relationship between the parties as are any documents established, received or preserved in written format.

GIFT CARDS

Gift cards are valid for a limited period of time and must be used before the expiration date indicated in the gift card email or on the card itself. Customers should verify card expiration dates. FPI is not responsible for lost or stolen gift cards. FPI will ship gift cards when payment has been authorized or at a predefined delivery date (if the latter is later). FPI is not responsible for delays for any reason. The purchaser is responsible for verifying the email address and the postal address of the gift card recipient. FPI is not responsible for the gift card being used by a third party other than the gift card recipient when the recipient email address or postal address are incorrect. In addition, FPI is not responsible for the loss of a gift card or its use by a third party after the card has been received by the recipient. The purchaser should verify that the recipient has received the gift card. It is the recipient’s responsibility to keep track of gift cards. Gift card email notifications can be blocked by anti-spam filters and it is the recipient’s responsibility to verify gift card receipt. FPI is not responsible if a gift card is not delivered to an email address because of an anti-spam filter, a firewall, an email box’s capacity having been reached, or any other factor outside of FPI’s control. Refunds are given with the same method of payment that was originally used for ordering (gift card, debit or credit card, or a combination of these). FPI reserves the right to modify these terms and conditions.

ARTICLE 4: SECURE PAYMENT

For payment by credit or debit card, FPI charges the customer’s card when the order is shipped. To account for any shipping delays or out-of-stock products, customer cards are not charged until orders are shipped. Secure credit and debit card payments are guaranteed by www.french-philosophy.com via 3D Secure, the Internet’s leading payment system. This is the same payment system used by major French ecommerce sites as well as most banks. The entire payment process is encrypted and protected. Credit or debit card data is encrypted and transmitted directly to the processing center. SSL protocol and electronic bank standards are used. This means that information about orders and payment methods is protected as it is relayed through the Internet. FPI never prints card numbers on paper, invoices or other hard copy. The merchant is never in possession of the credit card numbers provided. Card numbers are never retained after they have been transmitted to the bank for processing. In summary, no individual has electronic or other access to customer bank card data. There is no risk of bank card data being comprised on the FPI site. For more information, please visit: https://www.monetico-paiement.fr

ANTI-FRAUD MEASURES

French Philosophy has taken the following anti-fraud and Internet security measures: - Customer IP addresses are registered as are the exact date and time of transactions. This specific and unique identifying information represents a contractual commitment by the purchaser. This information will remain confidential except in the event of illegal activity. - All attempts at fraud for any reason or in any amount will be subject to legal penalty, subject to the laws and courts of EPINAL (France). All data involved in attempted fraud will be shared with the appropriate authorities. Article 313-1 of the French Penal Code states, “Fraud is the act, either by using a false name or other false information, or by the fraudulent use of true information, or by the use of fraudulent activity, to trick a natural or legal person and to cause that person or a third party to transfer any funds, assets or resources, or provide a service or consent to an act that results in an obligation or payment. Fraud is punishable by five years in prison and a fine of €375,000.” Before accepting orders paid for by bank card and to avoid fraudulent purchases, FPI reserves the right to request that the customer provide a photocopy of his or her identification as well as the three digits found on the back of the bank card being used (the Card Verification Code). 3D Secure
For secure transactions, FPI uses the program 3D secure. This is a program from Visa (Verified By Visa) and MasterCard (MasterCard Secure Code) to increase online payment security. This program uses additional information to verify online purchases. In addition to bank card data, the purchaser is requested to enter additional personal data that will enable to bank to identify the user and validate the input. The exact authentication methods used are specific to each bank. Since 2010, under the direction of the Banque de France, all French banks have provided their customers with cards with a strong authentication method. If a card customer does not possess an authentication code, the customer must contact the bank. For payment via check, write it to the order of French Philosophy and send to:
French Philosophy, 19 Ter rue Thiers 88000 Epinal (France). Checks submitted for payment must be accompanied by a copy of the purchaser’s identification. If the items ordered are in stock, FPI will cash the check(s) upon receipt and ship the order. Orders are delayed until the check(s) is/are received, for a maximum of 5 days. The entire amount due must be paid when the order is submitted, unless the no-fee three-check payment option is used. At no time will funds sent be considered to be deposits. Products remain the property of the www.french-philosophy.com site until an order has been completely paid for. However, when the no-fee three-check payment option is used, the first check is cashed upon receipt, the second check is cashed the month immediately following and the third check is cashed the second month following. The www.french-philosophy.com site reserves the right to refuse to ship or honor an order from a customer who has not paid in full or part for an order placed, or with whom there is ongoing litigation regarding payment. If a check or checks is/are returned for insufficient funds, French Philosophy reserves the right to invoice the customer for any fees requested by the bank as a result.

ARTICLE 5: PRICES

The prices displayed on the site are expressed in euros and these prices include all French taxes (French VAT and other taxes that apply the day the order is placed). All orders, no matter from where they originate, are payable in euros. The www.french-philosophy.com site reserves the right to modify prices on the site at the beginning of each week but products will be invoiced based on the rates in force at the time the order was submitted, subject to availability on that date.

ARTICLE 6: DELIVERY & SHIPPING / RETURNS

Packages are shipped by FPI’s shipping partner GLS with tracking and signing by the recipient or any individual authorized to do so. A digital signature or its reproduction will serve as proof that shipment was delivered. FPI’s shipping partner GLS offers customers the ability to choose where their shipments will be delivered: to the address of their choice (home, office, etc.).

ARTICLE 6.1: SHIPPING TIMES

WITHIN FRANCE
After an order has been processed (or upon receipt of a check, for orders being paid by check), orders will be handed off to FPI’s shipping partner: - the same day, or
- the next business day following the order. Orders will be shipped within 24 or 48 hours once in FPI’s shipping partner's possession. Our shipping partner is committed to shipping orders as soon as possible. When a package has been shipped, customers will receive a confirmation email and a tracking number that can be accessed anytime online at www.gls-groupe.fr. Issues such as strikes, road closures, weather, etc. may cause delays. When sending a message about a shipment, customers should include the shipment tracking number. FPI can be contacted by phone as needed at +33 3 29 32 75 31. French Philosophy is not responsible for delays.

OUTSIDE FRANCE
Delivery time is 1 to 10 business days, depending on the destination and shipping method selected. The table below provides details about shipping outside France.

NOTE: there are additional shipping fees in certain zones (island access)
-Great Britain +€30
-Spanish (Balearic Islands) Greece, Italy +€45
-Spain (Canary Islands, Ceuta, Melilla) Portugal (Azores, Madeira) +€80

ARTICLE 6.2: DELIVERY ISSUES

If merchandise arrives broken or damaged, the recipient must notify the seller within three days. If the shipment packaging arrives damaged, torn or open, the recipient should check all items. If shipment contents are damaged, the recipient should refuse the shipment and note the reason for this on the packing slip (shipment refused due to damage or other). It is the recipient’s responsibility to note that a shipment has been damaged. FPI suggests that recipients verify the contents of any shipment in the presence of the shipping company before accepting a shipment. If shipment contents have been damaged or are missing, the recipient should refuse the shipment and note the reason for this on the packing slip (package refused due to damage or other). French Philosophy cannot be held responsible if the recipient has not formally refused a package. To receive a refund or exchange, subject to availability, the customer must inform FPI of any issues by sending us a message. Please explain the issue in detail (for example, package damaged during shipping, package arrived opened, etc.). In addition, if a shipment has not arrived from the shipping company, the customer should inform FPI by sending us a message. The issue will be investigated and the customer will receive an email indicating that a case file has been opened. The shipping company normally takes between 1 to 2 days to respond. If the order is located, it will be forwarded to the customer through normal channels. If the order has been lost by the shipper and the item ordered is out of stock, the customer will promptly receive a refund. UPDATE OR ADD AN ORDER DELIVERY ADDRESS
To change or add a delivery address to an order, the customer should click on “My account.” Returns and Exchanges
The steps for returning an item are outlined below. Customers may return an item for any reason. It couldn’t be easier—simply follow the instructions outlined here in our return policy. To begin the return process, a customer must make a request via his or her French Philosophy account within 14 days of receiving an order. Return and Exchange Policy
Only unused and undamaged items, returned within FPI’s stated deadlines and in their original packaging, are eligible for return. To return a purchase, customers should follow the steps outlined below: - Log in to your French Philosophy account. Under “My Orders,” click on Returns / Exchanges.
- Then click on “New Return Request” and choose the appropriate order: “Select this order.”
- Check the item or items and appropriate quantities to be returned and indicate your preference for a refund, store credit or exchange.
- For an exchange, the customer must also select the product the customer wishes to receive in exchange.
- The exchange will be made upon receipt of the return of the original item and is subject to availability. If customers would like to exchange an item ordered for a different item, FPI will provide a store credit and the customer will need to submit a new order using the credit in his or her account. The customer should then submit a request for exchange or return. If a customer resides within metropolitan France, to facilitate returns, a pre-printed, pre-paid label and a return form will be available for download in the customer’s French Philosophy account within 48 hours. These items should be printed by the customer. The customer should attach the return shipping label to the outside of the return package and include the pre-printed return form inside the package for FPI’s reference. The shipping label has two parts. The customer should retain the second portion of the label as proof of shipping after it has been stamped by the shipper upon receipt for shipping. For any returns shipped from outside metropolitan France, all shipping costs are the customer’s responsibility and French Philosophy will not pay international or overseas shipping charges. If a customer is located outside metropolitan France, the customer may the shipper of his or her choice. It is the customer’s responsibility to retain proof of shipping and return acceptance by our warehouses in case of dispute. FPI strongly recommends that customers declare the value of any merchandise that is returned and insure it against loss. Once the return has been received at our warehouse, you will be reimbursed for the relevant item(s) within 14 days by credit to your credit or debit card or by check (depending on which payment method was used for the original order).

ARTICLE 7: RIGHT OF RETRACTATION AND PRODUCT RETURN POLICY

All products sold on the site are subject to the “satisfaction guaranteed” clause except for special orders or products that have been customized at customer request. In compliance with Articles L121 and the consumer code, each user of the site has 14 days from the receipt of an order to exercise the right of retraction: one or more items from the order can be returned for any reason. However, shipping costs and any risk are the purchaser’s responsibility. If the 14-day time period ends on a Saturday, Sunday or holiday, the retraction time period is extended through the next business day. If the purchaser exercises the right of retraction, return shipping costs are the purchaser’s responsibility but any initial shipping costs will be refunded if the customer returns the entire order. Refunded shipping costs (initial shipping costs) are based on the cost of the Colissimo program, selected by the customer, and only apply to orders shipped within metropolitan France. Customers must follow the steps outlined in FPI’s official return policy. FPI regrets that the company must reject returns that do conform to FPI’s stated return policy. Packaging
It is important to carefully open any shipment received. Items must be returned in new condition and must not have been used; they must also still bear any manufacturer or FPI labels. The products to be returned should be placed in their original boxes and then inside another box for shipping to avoid damage during transport. Defective Items
Products are considered to be defective if they are damaged when received or if there is a manufacturing defect. If an item arrives and is defective or the purchaser would like to refuse the order (damaged package, open package, item missing, item damaged or soiled, etc.) the purchaser must notify the shipping company upon receipt of the package and contact FPI by telephone at +33 3 32 75 31 or through its online contact form. The purchaser must then request a return under My Account and return the defective item within 14 days from the date the purchaser received the order. It should be noted that items damaged during normal use are not considered to be defective. Color Photos
On the www.french-philosophy.com site, FPI tries the very best to accurately display the colors of the items being offered. Hover, the display of computer screen resolution, tablets and smartphones vary from one device to another; as a result, FPI cannot guarantee the display of actual item colors. Late Returns
Purchases must be returned within 14 days from receipt of the order. Returns that exceed this time period will be refunded through use of store credit and 10% of the original order amount will be deducted. Frequent Returns
To ensure that our customers have a safe and enjoyable shopping experience, FPI offers a flexible return policy. However, FPI does track each customer’s number of returns; if the company notices that a given customer has made too many returns, FPI reserves the right to refuse additional returns.


ARTICLE 8: LIABILITY

The items offered for sale comply with current French law and with current French norms. As a result, FPI cannot be held responsible in the event of an error or omission in a photograph, text or image, information or product feature or in the event that a supplier has modified a product feature. Customers may always contact FPI’s customer service department with any product questions. French Philosophy cannot be held responsible for failure to fulfill an order in the event of an out-of-stock or unavailable product, force majeure, disturbance or strike--specifically of the postal service or means of transport--and/or communication disruption, flood or fire. Hyperlinks may redirect users to sites other than the www.french-philosophy.com site. The FPI site is not responsible in the event that the content of such sites violates any legal or regulatory provisions in force. FPI cannot be held responsible for any inconvenience or damage inherent in using the Internet (disruption of service, external intrusion, computer virus or other).

ARTICLE 9: WARRANTY

All our products have:
- legal warranty of compliance
- legal warranty against hidden defects. To invoke product warranty, the purchaser must show proof of the purchase for the relevant item. Contractual guarantees do not cover:
- improper or non-compliant use of products. Purchasers should carefully consult maintenance information,
- defects and consequences related to non-compliant use with the product’s intended purpose,
- defects and consequences related to any external cause. In all such cases, FPI cannot be held responsible if the manufacturer refuses to honor the warranty for the reasons stated above.

ARTICLE 10: COMPLAINTS

Any complaints may be dealt with by our customer service department and when an amicable resolution is not possible, the rule of law will apply. In addition, the www.frenchphilosophy.com site reserves the right to have litigation tried where it is located or where its headquarters are located.

ARTICLE 11: NON-WAIVER

FPI and users of the site agree that any waiver or renunciation by either of the parties in the application of all or part of the obligations outlined in these Terms and Conditions of Sale does not change this agreement, or confer any rights, and cannot be interpreted in the future as a renunciation of any of the clauses herein.

ARTICLE 12: FORCE MAJEURE

The company may cease to function in part or in full in the event of a force majeure that causes a delay in operations.
Force majeure is defined by the various events recognized by the law. In the event of force majeure, FPI will notify its customers by email within 7 days.

ARTICLE 13: APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Sale are subject to French law.

ARTICLE 14: CUSTOMS DUTIES

All orders through the www.french-philosophy.com site that are delivered outside of metropolitan France may be subject to taxes and custom duties when an order arrives at its destination. Any customs duties and taxes related to the delivery of an item are the sole responsibility of the purchaser. FPI cannot verify applicable customs duties and taxes. For more information, consult the appropriate government authorities.

ARTICLE 15: CUSTOMER SERVICE

For additional information or questions, FPI’s customer service department is available:
- through the site’s contact form
- via telephone: +33 3 29 32 75 31
- by email at hello@french-philosophy.com.

ARTICLE 16: LEGAL NOTICE

The www.french-philosophy.com site is the property of Société French Philosophy International listed in the EPINAL (France) trade register under SIRET number 53937175700029. Company headquarters are located at 19 Ter rue Thiers 88000 EPINAL (France). French Philosophy International is a company with a capital of €10,000 with an intra-community VAT number of FR 83 539371757. Site Host:
Génération Internet
15 Rue Paul Bellamy, 44000 Nantes
Telephone: +33 02 40 75 41 93



Newsletter

News in preview, advice, inspiration, gifts ...

SUBSCRIBE