General Terms and Conditions of Sale (GTCS) - Fête Impériale
Last updated on 03/02/2023
ARTICLE 1 - SCOPE OF THE GCV AND PURPOSE
The present General Conditions of Sale (or "GCS") apply, without restriction or reserve, to all sales concluded by the company Fête Impériale SAS, a simplified joint stock company with a share capital of 244 868,56 €, registered in the PARIS Trade and Companies Register under the number 809 383 664, whose registered office is located at 28 rue du Roi de Sicile - 75004 PARIS, represented by its legal representative, duly authorized for the purposes hereof, ("the Seller" or "Fête Impériale") to non-professional buyers ("the Customers" or "the Customer" or "you"), wishing to acquire the products offered for sale by the Seller ("the Products") on the site " https://feteimperiale.fr/" ("the Site").
The Site and the Products are intended exclusively for private individuals and are not intended for professionals and are therefore subject to Articles L. 111-1 et seq. of the Consumer Code.
It is specified that purchases of Products on the Site are reserved for natural persons who are not consumers and who have full legal capacity. The Site does not allow the purchase of Products for resale.
By validating his or her Order or Subscription on the Site, the Buyer declares that he or she has read, understood and accepted without reservation the terms of said Order or Subscription as well as the entirety of these GTC.
ARTICLE 2. DEFINITIONS
"Buyer or Customer or you": natural person of legal age who acquires one or more Products for his or her personal needs, or who takes out a subscription through the Site;
"Order": Purchaser's purchase order for one or more Products through the Site;
" Fête Impériale or the Seller": Simplified joint stock company with a share capital of 244 868,56 €, registered in the PARIS Trade and Companies Register under number 809 383 664, whose registered office is located at 28 rue du Roi de Sicile - 75004 PARIS offering the Products for sale via the Site that it operates;
"Product(s)": Good(s) offered for sale on the Site;
"Site": Commercial site (https://feteimperiale.fr/) on which Fête Impériale, the Seller, offers the Products for sale;
ARTICLE 3 - ACCEPTANCE OF THE CONDITIONS
The applicable version of the terms and conditions is the one available on the site at the time of your order.
Any purchase made online on the Site implies full and unconditional acceptance of these GTC. Any acceptance under reserve is considered null and void.
ARTICLE 4 - PRICES
The applicable prices for each order are those indicated on the site at the time of the order. Fête Impériale reserves the right to modify the prix of the articles at any time.
- French customers The prices indicated on the site are in euros, all taxes included and delivery costs excluded.
- European customers (E.U.): The prices indicated on the site are in euros and include French VAT. The applicable VAT rate is the one in force in your country of residence and will be invoiced at the time of the order.
- Customers from the United Kingdom The prices indicated on the site are in Euros and include French VAT. The VAT rate will be deducted from your order at the time of ordering. Customs and import fees will be charged to you.
- Customers outside the European Union: The prices indicated on the site are in euros and include French VAT. The VAT rate will be deducted from your order at the time of ordering. Customs and import fees will be at your charge.
The amounts of the delivery charges are calculated according to the country of destination and displayed at the time of the validation of the order.
The detail of the total amount of your order including the possible shipping costs will be indicated on the page "confirmation" summarizing your order and preceding the payment stage of this one.
The products remain the property of the Seller until full payment of the price by the Member.
ARTICLE 5 - ORDERING
To place an order, you must be a person of legal age (over 18 years old), fully entitled to use the credit card used and that this credit card provides access to sufficient funds to cover all costs resulting from the use of Seller's services.
Only persons legally capable of entering into contracts concerning the goods and services offered on the Website may place orders.
In accordance with the article L122-1 of the Code of consumption, Fête Impériale can refuse to carry out a delivery or to honour an order for any legitimate reason, including in the event of litigation relating to the payment of a preceding order.
The orders are made from the Site by following the steps below:
- Consultation of the product catalog
- Add one or more items to the shopping cart by selecting the size (if necessary) and the quantity
- The creation of a customer account is suggested but not mandatory. You can create your customer account online at any time
- Entering customer, billing and delivery information
- Verification of the order summary before payment
- Validation of the order and payment
- Receipt of an order confirmation email and a payment confirmation email sent to the customer at the email address entered during the order creation process
By finalizing your order, you declare to have read and accepted the present General Terms and Conditions of Sale, which constitutes acceptance of the said GTC.
Once your order is confirmed, you will not be able to modify it on the site.
To find out the status of your order or to request a change, you can contact us at any time at the following address: firstname.lastname@example.org
ARTICLE 6 - PAYMENT
6.1 Methods of payment
The different methods of payment accepted online to settle orders on the Site are as follows:
- Payment by credit card (American Express, Visa, Mastercard)
- Payment by credit card in 3 times without fees (Alma)
- Payment by Paypal account
- Payment by Amazon Pay
- Payment by BitPay
Fête Impériale reserves the right to suspend or cancel the order in the following cases:
- Your credit card company refuses to authorize the payment for any reason.
- The payment of the order is incomplete, irregular or non-existent for any other reason.
6.2 - Types of payment
6.2.1 - Cash payment
The accepted bank cards are : American Express, Carte Bleue, Visa, Eurocard, Master Card.
You can also choose to pay for your order by credit card using PayPal, Amazon Pay or BitPay.
Your bank account will be debited after a processing time of two to four (2-4) days following the date of the order.
The order will be considered effective and therefore validated immediately at the time of online payment.
If the transaction is refused by the payment server, you will be automatically redirected to an order summary offering you to retry a payment or not to continue your order.
6.2.2 - Payment in 3 times without fees with ALMA
Pay your order in 3 times without fees by credit card from 100 € (one hundred euros) of purchase up to 2 000 € (two thousand euros) with Alma.
How to subscribe: when you finalize your order, you just have to select the payment method "Pay in 3 times with Alma". You will be redirected to their site and invited to enter your credit card information. The security of the payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.
The payment in 3 times without expenses Alma by bank card allows you to pay the order made on our Site divided as follows:
- a mandatory deposit, debited on the day of the confirmation of the shipment of your order corresponding to one third of the order.
- two monthly payments, each corresponding to one third of the order, taken 30 (thirty) and 60 (sixty) days after the first payment.
Fête Impériale offers you Alma's credit service for the settlement of your purchases and the execution of the payment. This is conditional upon your acceptance of the T&Cs or the credit agreement offered by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
Any termination of the T&Cs between you and Fête Impériale will result in the termination of the T&Cs or the credit agreement between you and Alma.
Alma is a telepayment manager and issues an electronic certificate that will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
For all Alma claims: https://help.almapay.com/
ARTICLE 7 - PRODUCTS
Availability of products
Items are offered for sale while stocks last.
You will be informed, before any order, of the availability of the desired article.
Fête Impériale is committed to maintaining the availability of all items on the site.
If it appears, after reception of the e-mail of validation of payment and confirmation of the order, that the wished article is not available any more, Fête Impériale will warn you by e-mail or telephone as soon as possible, in accordance with the article L121-20-3 of the Code of the Consumption.
In accordance with the article L121-20-3 of the code of consumption, in case of unavailability of the ordered article, you can choose between :
- the refund of your order which will take place within seven (7) working days
- delivery of a similar product of equivalent value
Description and visual representation of the products
The essential characteristics of the products are described and presented with the greatest possible accuracy on the descriptive card product presented on the Site. The photographs of the articles or their reproduction on any other support appearing on the site have only an indicative value and do not have a contractual character; they could not engage the responsibility for Fête Impériale.
ARTICLE 8 - DELIVERY
8.1 Carrier partners
We offer delivery in the geographical areas covered by our service providers La Poste (Colissimo), UPS, DHL and Stuart to the address given at the time of placing the order.
8.2 Shipping costs
The amount of the shipping costs will be indicated to you before the validation of your order. The delivery costs depend on the shipping method chosen, the delivery address and the amount of the order.
Product orders are shipped within 24 hours, Monday through Friday. A shipping confirmation email will be automatically sent to you once your order is handed over to the partner carrier.
8.4 Delivery times
The delivery times are indicative. Fête Impériale cannot be held responsible in the event that the delivery time initially indicated is not respected by the carrier.
In the event of a damaged package delivery, you agree to notify customer service by phone, chat or email within 3 days of receiving the order.
8.5 Delivery information
The delivery address given at the time of the order (which may be different from the billing address) must be accurate and include all the details necessary for proper delivery.
In case of absence at the time of delivery, the parcel can be put at your disposal in a withdrawal point. If you do not show up at the collection point where your package is, it will be returned to the sender. If you wish a re-delivery of your package, the costs of this new expedition will be at your charge.
Any new delivery resulting from an error concerning the information necessary for the delivery such as (the address of delivery, the place of delivery, the accessibility of the place, the telephone number for the appointment) and/or of the absence of the Customer to the fixed appointment, will be with your load. If necessary, Fête Impériale reserves the right to cancel the order.
The responsibility of the Seller can in no case be sought if the package was delivered to the address indicated at the time of the order, regardless of the person to whom it was delivered.
Each delivery is deemed to have been made as soon as the product is made available to the Customer, particularly by the carrier, as evidenced by the control system used by the carrier.
Without prejudice to the period you have under your right of withdrawal defined below, it is your responsibility to check the order received on arrival and to make any reservations and claims that would appear justified, or even to refuse the package, if it is likely to have been opened or if it bears obvious traces of deterioration, or if the guarantee strip sealing the package has been violated.
Independently of the recourse exerted against Fête Impériale, it is recommended to address the aforementioned reserves and complaints to the carrier by registered letter with acknowledgement of receipt within three (3) working days following the delivery of the products. A copy will be immediately sent to Fête Impériale.
In this writing, the Customer or his representative must provide any justification as to the reality of the anomalies noted, documented by photographs of the package.
8.7 Lost package
If five (5) working days after the shipment of your package you still have not received your order, we invite you to contact our customer service who will then open an investigation with the services of the carrier.
You will then receive an email indicating the opening of the investigation, knowing that the final response time of the carriers varies from one (1) to three (3) weeks, from the sending of the email requesting an investigation.
If you have not chosen to cancel your order and the package is found, the reception procedure will follow its normal course. If the parcel is declared lost, the customer service Fête Impériale will inform you and will propose you the reshipment of the expected products or the refund of the parcel (product(s) and delivery charges).
In the event of an Order to a country other than metropolitan France, the Customer is the official importer of the Product(s) concerned and as such must comply with all laws and regulations of the country in which the Products are received. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer. Any additional customs clearance fees will be your responsibility; Fête Impériale has no control over these fees. Customs policies vary widely from country to country, so it is your responsibility to contact your local customs office for more information.
ARTICLE 9 - RETURNS AND EXCHANGES
In accordance with article L121-20 of the French Consumer Code and the law n°2014-344 of March 17, 2014 relating to consumption (known as the Hamon law), you have a period of 14 days from the date of receipt of your order to your right of withdrawal by contacting our customer service by email email@example.com or phone +33 1 57 40 69 30.
Before any return, you have to notify your wish of retraction to our customer service which will propose you an exchange or a refund of all or part of your order.
You must then return the items to the following address
Customer return number(followed by your order number)
28 rue du Roi de Sicile
Parts must be returned in their original condition:
- Unworn, unwashed and untouched in resalable condition
- With the label Fête Impériale
- Properly protected and returned by a method of transportation that offers the same guarantees as those offered for the initial delivery.
Under no circumstances shall the Customer's use of the right of withdrawal be abused. Thus, any Order returned incomplete and those including labels, damaged, used, washed, damaged, deteriorated or soiled even partially will not be refunded. The Buyer may be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the contents of the Products. To establish the nature, characteristics and proper functioning of the Products, Buyer may only handle and inspect them in a manner that would also be permitted in a store. For example, the Buyer may only try on a garment and not wear it. Therefore, Buyer should handle and inspect the ordered garments with all due care.
Fête Impériale reserves the right to refuse a refund if these criteria are not met.
In accordance with the Chatel law, Fête Impériale will proceed to the refund of your order and the initial shipping costs according to the two cases described below:
- The return of all products will result in a refund of all sums paid by the Customer, that is to say the purchase price of the product(s) and the delivery costs.
- the return of only a part of the products will give place to a refund equal to the amount of the returned product and the share of the delivery costs of this product.
You are responsible for the shipping costs and risks associated with the return.
No return for cash on delivery will be accepted, whatever the reason.
In the event of a refund, the refund will be made within fourteen (14) days of the date of receipt of the returned item. Fête Impériale reserves the right to defer the refund until the Product or the proof of shipment of the Product is recovered by the Customer, the date of the first of these facts.
The refund will be made by crediting the payment method used to pay for the order.
The price difference for orders placed before the promotions or SALE will not be refunded or credited.
10 - TRANSFER OF OWNERSHIP
The transfer of property of the Products of Fête Impériale to the profit of the Customer will be carried out only after complete payment of the price by this last, and this whatever the date of delivery of the aforementioned Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be effected (i) when the Customer takes physical possession of the Products when the carrier is offered by the Seller or (ii) when the Seller receives the return of the Customer to the address requested.
11 - SELLER'S LIABILITY AND GUARANTEES
The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses. The Products supplied by the Vendor benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions of the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the Order, of the legal guarantee against hidden defects resulting from a defect of material, design or manufacture affecting the delivered products and making them unsuitable for use, in accordance with the legislation in force.
In order to exercise his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of fourteen (14) days from the delivery of the Products or the discovery of the hidden defects. The exercise of the right of withdrawal can be done by contacting the customer service Fête Impériale by email firstname.lastname@example.org or by phone +33 1 57 40 69 30.
Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective. Shipping charges will be refunded at the rate charged in the order invoice and return shipping charges will be refunded upon presentation of receipts at the rate charged in the order invoice. Refunds for Products found to be non-conforming or defective shall be made as soon as possible and no later than fourteen (14) days following the Seller's finding of the non-conformity or hidden defect.
The refund will be made by crediting the payment method used at the time of purchase.
After the fourteen (14) day period allowed to the Customer to exercise his right of withdrawal and in the absence of having respected the aforementioned formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall not be held liable in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to check, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.
Fête Impériale shall not be liable for any failure or delay in performance of any of its obligations under these GTCs that is caused by an event of force majeure as defined by applicable law.
These cases of force majeure suspend the obligations of the Seller, mentioned in the present GTC.
Likewise, the Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
Fête Impériale is not responsible in case of failure of the Carrier in the delivery of the Product(s), failure which would be exclusively attributable to the Carrier in accordance with Art. L. 121-19-4 of the Consumer Code.
In the event of non-delivery attributable to the carrier, the Customer must contact the service of the carrier used directly.
ARTICLE 12 - INTELLECTUAL PROPERTY RIGHTS
The feteimperiale.fr website belongs to Fête Impériale, holder of the associated intellectual property rights.
The site and its content, whatever their nature (text, photographs, images, sounds, graphic elements, etc.) are likely to be protected by intellectual property.
It is recalled that all distinctive signs, including trademarks and logos, are and remain the property of Fête Impériale or that of the holders of intellectual property rights concerned.
Acknowledging these exclusive rights to these signs, any user of the site refrains from using them in any way other than that related to the consultation of the site.
Any use of the site or of all or part of the elements that make it up, other than that linked to the consultation of the site is prohibited without the express, written and prior agreement of the rightful owners concerned.
ARTICLE 13 - DATA CONFIDENTIALITY
Your personal data is necessary to open your account, to manage your order and its follow-up, and if necessary and after your consent, to send you commercial offers by electronic way.
In accordance with the French Data Protection Act n°78-17 of January 6, 1978, you have the right to access, rectify, oppose and delete data concerning you.
To exercise these rights, you can either (i) directly modify the information by logging into the account you have created or (ii) request it, with proof of identity, by sending an e-mail to the following address: email@example.com
ARTICLE 14 - APPLICABLE LAW
The General Conditions of Sale of Fête Impériale are subject to French law.
When a problem arises, Fête Impériale invites you to first contact its customer service by email via firstname.lastname@example.org to find an amicable solution.
In the event of a dispute concerning the interpretation or execution of the general terms and conditions and in the absence of an amicable agreement between the Vendor and the Customer, the French courts shall have exclusive jurisdiction to hear the case.
ARTICLE 16 - MODIFICATION OF THE GCV
Fête Impériale reserves the right to modify its General Terms and Conditions of Sale at any time. All new versions will be indicated by a mention specifying the date of the update.
Customers who do not wish to accept the new Terms and Conditions will have the option to delete their account. By remaining a Customer, they accept them.
ARTICLE 16 - INTEGRITY AND VALIDITY OF THE GENERAL CONDITIONS
The General Terms and Conditions of Sale and the confirmation of your Order form a contractual whole which constitutes the entire agreement between the parties.
Should any of the terms and conditions be declared null and void in their entirety, the remaining provisions shall nevertheless remain in full force and effect. If necessary, the invalidated provision will be negotiated in good faith.