1. Preamble
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the FRESCHI Laetitia website are informed of the identity of the various parties involved in its creation and follow-up:
- Site owner: FRESCHI Laetitia
- Head office: Route de Rougiers 83170 Tourves
- Commercial registration number :
- Store manager: LAETITIA FRESCHI (attractive.cats2023@gmail.com)
Hereinafter referred to as the "Seller" or the "Company" can be reached with the following information: attractive.cats2023@gmail.com
The natural person or legal entity purchasing products or services from the company, hereinafter referred to as the "Buyer", or "Customer", has been informed of and agrees to the following.
The Vendor is the publisher of FRESCHI Laetitia's Products and Services for consumers, marketed through its websites. The list and description of goods and services offered by the Company can be consulted on the aforementioned sites.
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.
2. General provisions
These General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services through the Company's websites, and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The terms and conditions applicable shall be those in force on the date of payment (or of the first payment in the case of multiple payments) of the order.
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he/she has read the present General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
3. Awards
The prices of products sold through the websites are indicated in Euros, exclusive of tax (HT) and/or inclusive of all taxes (TTC), and are precisely determined on the product description pages. They are also indicated in euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs.
For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Vendor. They are the responsibility of the purchaser (declarations, payment to the competent authorities, etc.). In this respect, the Vendor invites the buyer to obtain information on these aspects from the relevant local authorities.
The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company's Internet sites shall be borne by the Customer. Delivery charges may also apply.
4. Online contract conclusion
In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to complete the order:
- Information on the essential characteristics of the product
- Product selection
- Indication of the customer's essential contact details (identification, email, address, etc.)
- Acceptance of these Terms and Conditions
- Verification of order details (double-click formality) and, if necessary, correction of errors. Before confirming the order, the Buyer may check the details of the order and its price, and correct any errors, or cancel the order. Confirmation of the order will result in the formation of the present contract.
- Verification of payment instructions, payment for the products, then delivery of the order. The customer will receive an e-mail confirming payment for the order, as well as an order acknowledgement confirming receipt of the order.
During the ordering process, the customer is given the opportunity to identify and correct any errors made in data entry. The language proposed for the conclusion of the contract is French.
The terms and conditions of the offer and the general terms and conditions of sale are sent by email to the purchaser when the order is placed and archived on the Vendor's website. Where applicable, the professional and commercial rules to which the author of the offer intends to abide can be consulted in the "additional rules" section of these GTCS, which can be consulted on the Vendor's website.
Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details.
The Vendor reserves the right to refuse an order, for example for any abnormal request, made in bad faith or for any legitimate reason.
5. Products and services
The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the company's websites, as are, where applicable, the product's instructions for use. In accordance with article L112-1 of the French Consumer Code, the consumer is informed, by marking, labeling, display or any other appropriate process, of the prices and specific conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is that in force on the day the order is placed, and does not include shipping costs, which are invoiced in addition. Any such costs are indicated to the Purchaser during the sales process, and in any event at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When products or services are not immediately available, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he/she has received details of delivery charges, payment, delivery and contract performance terms, as well as detailed information concerning the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of the present sale. The Vendor undertakes to honour the Customer's order within the limits of available stocks of Products only. If the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Vendor will reimburse the Customer.
The contractual information is presented in detail and in French. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the offer of Products and their prices is specified on the Company's websites, as is the minimum duration of the contracts proposed when these concern a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are solely those of the natural person signing the order (or the holder of the e-mail address communicated).
6. Compliance
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale under these GTC comply with current regulations relating to personal health and safety, fair trading and consumer protection. Irrespective of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects in the product.
In accordance with article L.217-4, the seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.
In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the French Civil Code), the Vendor will refund or exchange defective products or products that do not correspond to the order.
7. Refund
Refunds can be requested in the following ways: No refund conditions
8. Clause de réserve de propriété
Products remain the property of the Company until full payment has been received.
9. Terms of delivery
Products are delivered to the delivery address indicated at the time of ordering and within the times indicated. These times do not include the time required to prepare the order.
When the Customer orders several products at the same time, these may have different delivery times.
In the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions set out in Article L 138-2 of the French Consumer Code. The Vendor will then reimburse the product and the "outward" costs in accordance with Article L 138-3 of the French Consumer Code. The Vendor provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email, to ensure that the order is followed up.
The Vendor reminds you that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered.
10. Availability and presentation
If an item is unavailable for more than 12 working days, you will be informed immediately of the expected delivery times, and the order for this item may be cancelled on request. The customer may then request a credit note for the amount of the article, or a full refund and cancellation of the order.
11. Payment
Payment is due immediately upon ordering, including for pre-ordered products. Payment may be made by credit card or cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service providers. The information transmitted is encrypted in accordance with the rules of the art and cannot be read during transport on the network.
Our payment providers :
- Payment by cheque
- Stripe
- PayPal
- transfer
Once payment has been initiated by the Customer, the transaction is immediately debited once the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled.
12. Withdrawal period
In accordance with the provisions of article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw from the contract without giving any reason, within fourteen (14) days of receipt of the order.
The right of withdrawal may be exercised by contacting the Company as follows: attractive.cats2023@gmail.com. Customers are informed that, in accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for downloadable Products.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and shipping costs will be reimbursed, with return shipping costs to be borne by the Customer.
Products must be returned in their original, complete condition (packaging, accessories, instructions, etc.).
If possible, returns should be accompanied by a copy of the proof of purchase.
This right of withdrawal cannot be exercised for certain specific products. Clear information is given on the presentation page of each product. The buyer then has the right to withdraw from the contract within 0 days from the date of receipt of the order.
Return conditions : No return conditions
13. Warranties
In accordance with the law, the Seller assumes the following warranties: of conformity and relative to hidden product defects. The Vendor will reimburse the purchaser or exchange defective products or products that do not correspond to the order placed, in accordance with the reimbursement conditions.
The Seller reminds that the consumer :
- Has a period of 2 years from delivery of the goods to take action against the Seller.
- That he may choose between replacement and repair of the good subject to the conditions set out in the above provisions. (apparently defective or not corresponding).
- That he is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good.
- That, except for used goods, this period will be extended to 24 months from March 18, 2016.
- That the consumer may also invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, in which case he may choose between rescission of the sale or a reduction in the purchase price (provisions of article 1644 of the French Civil Code).
14. Claims and mediation
If necessary, the Buyer may submit any claim by contacting the company using the following contact details:
- By email: attractive.cats2023@gmail.com
- By post: Route de Rougiers 83170 Tourves
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions set out in Title I of Book VI of the French Consumer Code.
In the event of failure to submit a claim to the Seller's customer service department, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to reaching an amicable solution.
15. Termination of contract
The order may be cancelled by the purchaser by registered letter with acknowledgement of receipt in the following cases:
- Delivery of a product that does not conform to the characteristics of the order.
- Delivery beyond the deadline set at the time of order or, if no deadline is set, within 30 days of payment.
- Unjustified price increases or product modifications. In such cases, the purchaser may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
16. Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
17. Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent such performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
18. Contract nullity and amendment
Should any of the stipulations of the present contract be null and void, this shall not invalidate the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.
19. Personal data protection
The information requested at the time of ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
Our privacy policy is available in detail on our website.
20. Applicable law and clauses
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.
The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.
21. Consumer information
For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:
- Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
- Article 1648 of the French Civil Code: Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity.
- Article L. 217-5 of the French Consumer Code: The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable : - if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.
- Article L. 217-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
- Article L. 217-16 of the French Consumer Code (Code de la consommation): When the buyer asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.