Business identification

1. Corporate name : SARL FANTAZIA (limited liability company)

2. Sign: FANTAZIA

3. Legal status and capital: Limited liability Company, capital 139 000€

4. Head office: SARL FantaZia – 1 rue Adolphe Tavernier – BP30075 Sotteville Les Rouen Cedex FRANCE

5. Customer’ phone : (00) +33 2 78 71 60 97 – Professional phone : +33 6 65 44 44 06

6. Customer mail : service_client@fantazia-shop.fr – Professional mail: service_pro@fantazia-shop.fr

7. Website: www.fantazia-shop.com

8. Intra-community VAT: FR 90 752 397 307

9. SIRET number: 752 397 307 00014

10. NAF code: 4791A

    
    
    

    GENERAL TERMS AND CONDITIONS OF SALE

Any order taken for a product appearing online implies acceptance of these General terms of sale and use. Therefore, by placing an order you acknowledge that you have been informed of the fact that the approval of these General terms and conditions does not require any written signature. You may save or edit these present general terms and conditions, being clarified that the back-ups and the edition of this document come under its own sole responsibility; these conditions are subject to change. In such a case, applicable general terms and conditions shall be those in force at the time the order was placed by the buyer.

This whole information is originally introduced in French language and is translated in English language. The consumer formally declares that he/she has full legal capacity to commit himself/herself to the present general conditions. 

Art. 1: Subject
These general conditions of sale govern the contractual relationship between FANTAZIA and client. They represent all the rights and obligations of the parties. Both parties accept without reservation all the provisions of these terms and conditions. No general or specific in documents submitted by the customer can not be incorporated herein, since these would be inconsistent with these terms and conditions.

Art. 2: Contractual documents
The contract contains the following contractual documents, presented in descending order: these terms and conditions; purchase order. In case of contradiction between the provisions contained in documents of different ranks, the provisions of the higher rank document shall prevail.

Art. 3: Effective date – Duration
These conditions come into force on the date of signing the purchase order. They are concluded for the time necessary to provide subscribed goods and services, until the extinction of the guarantees due by FANTAZIA.

Art. 4: Electronic signature
The “approval click” that you make once you have completed your order’s form, amounts to the approval of your order. It has the same authority as a handwritten signature. 

Art 5: Order confirmation
Your order’s details shall be confirmed by e-mail, or failing that, they shall be sent to the delivery address indicated on the order form, no later than the delivery time.

Art.6: Proof of the transaction
The computerized registry retained in the computer shall be worth the proofs of communication, orders and payments that occurred between the parties. The storage of the order’s forms and the bills has been done on a reliable and sustainable support that may be produced as evidence. FANTAZIA recommends its client to keep track on paper or on a reliable digital format the data related to his order. The client must ensure the completeness and accuracy of the information given to FANTAZIA, who shall not be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, the customer will be fully charged with all the costs incurred. .

Art. 7: Products information
7-a: Pursuant to Article L 111-1 of the French Consumer Code (which provides the possibility for the potential customer before the definitive order intake, to know the key features of products he intends to buy), FANTAZIA presents on its website, products accompanied by a description of their main characteristics. 7-b: The FANTAZIA’s offers are valid only within the limits of available stocks. .

Art. 8: Prices
Prices are given in Euros and shall be valid only from the validation of the order by the customer. They do not take account of the delivery charges, invoiced as extra, and they are indicated before final confirmation of the order. The prices take account of the VAT applicable at the date of the order and any changes in the applicable VAT will automatically be reflected on the products’ prices on the online shop. Payment must be made in full when ordering. The sums paid can never be considered to deposits or part payments.

Art. 9: Payment methods
To regulate his order the purchaser has the choice between all the payment methods suggested on the purchase order online (Credit Card, Paypal, Bank transfer). The customer guarantees the FANTAZIA firm that she/he possesses all required authorisations to use the form of payments of her/his choice, when confirming the order. FANTAZIA may in its sole discretion disrupt the ordering process and/or pursue in the event of refusal of payment by credit card from the agencies officially accredited for, or in the event of a non-payment. FANTAZIA reserves the right to refuse to make a delivery or fulfil an order purchased by a customer who would not have fully or partially regulated a previous order, or with whom a dispute relative to payment may be ongoing. FANTAZIA implemented an order verification procedure so as to ensure that no person may use the bank details of another person unbeknownst. As part of this internal audit, the customer might be requested to address a copy of her/his ID and a proof of address by fax, e-mail or postal service. The order will be confirmed upon receipt of the details sent and a control by our services.

Art. 10: Product availability
The order will be executed at the latest within 2 working days as of the day following the date of placing an order. In the event of unavailability of the ordered product, the consumer shall be notified as soon as possible and shall be able to cancel his/her order. The consumer will have the choice between asking for a payback or for a voucher for the sums paid, during at the latest) 30 days, or he/she will be able to ask for the product to be exchanged, in accordance with the formalities communicated during the feedback process..

Art. 11: Delivery conditions
Products are delivered to the address specified by the customer when placing his/her order. The customer must check the conditions of the packaging at the time of the delivery, and report any damage to the carrier on the delivery note, and inform FANTAZIA within a week. With reference to the shipping, we essentially work with La Poste Collissimo Suivi (Tracked parcels). As soon as we are sending the parcel, you shall receive an email informing you of the order dispatch and the tracking number of your package. LA POSTE The products of weak/average congestion are sent by the Collissimo Suivi (Tracked parcel) service of La Poste (the French Post) enabling to ship within 3 to 5 working days for Europe, and 7 to 10 working days for the rest of the world, and offering you the possibility of collecting ordered items at the post office the closest to the delivery address in the event of an undeliverable mail because of a lack of delivery address. Tracked Colissimo is a very reliable service. However a delay may occur or a parcel may get lost. In the event of a delay in the expected delivery time, please call or email us. We shall reach La Poste in order to start an inquiry. This could last up until 21 days. If, during this time, the parcel is found, it will be immediately forwarded to your domicile (in the majority of cases). If, on the other hand, the parcel is not found during this time, La Poste shall consider the parcel as lost. It is only from that moment that we are able to send you a replacement item at our own expense. If the ordered items were not available at that point, we shall refund you the amount due. We decline to be responsible for the lengthening of the delivery time, owing to the carrier, specifically in the event of items loss or a strike action. All Tracked Colissimo or letter sent by La Poste with delivered status would not be able to be the subject of a complaint (date as per postmark).

Art. 12: Delivery problem due to the carrier
Any anomaly with respect to the delivery (damage, missing product compared with delivery note supplied, damage parcel, broken products...) must be imperatively indicated on the delivery note under form of handwritten reserves, along with the customer’s signature. In parallel, the consumer shall confirm this anomaly by addressing the carrier a registered mail with acknowledgement of receipt stating those claims, within the next 7 days following the date of the delivery.  

Art. 13: Delivery errors 
13-a: The consumer shall formulate to FANTAZIA at the latest within the 14 next working days following the delivery, any claim of error concerning the delivery and/or non-compliance of the products in kind or in quality compared to the indications featuring on the order form.
13-b: This claim shall be made to FANTAZIA via mail or via this form specifying the order’s reference: http://www.fantazia-shop.fr/contactez-nous    
13-c: Any claim non-carried out in accordance with the rules written above and within the due date, shall not be taken into account and shall clear FANTAZIA of liability regarding its customer.  
13-d: In the event of a delivery error or an exchange, any product to exchange or refund shall be returned to FANTAZIA in its original packaging, unwashed and unworn, along with your name, your order number and your request:
SARL FANTAZIA - Service retours - 1 rue Adolphe Tavernier - BP 30075 - 76302 Sotteville Les Rouen Cedex - FRANCE

In order to be accepted, any return, subsequent of an error of our part or a defect, shall be reported beforehand to the FANTAZIA’s Customer Service by filling out this contact form, otherwise the return will not be accepted.

The shipping fees paid by the customer will be reversed by FANTAZIA (based on justifications, within the limits of the shipping cost of a registered parcel – Colissimo, La Poste – and according to the method of shipment specified by FANTAZIA, except if the returned item does not correspond to the original statement made by the consumer in the return form).

Failure to comply with the above obligation, no claim for non-compliance or apparent defect of the delivered items shall be accepted.

Art. 14: The right of withdrawal – Exchanges and refundss
The consumer has 30 working days to return, at his/her own expense, the products that does not meet his/her expectations. This period is effective from the day the order is delivered. If this period expires on a Saturday, a Sunday or on a public holiday it is extended to the first following working day.  

Any return shall be reported to us beforehand. To do so, you must:  
1. Access your order history, from your account 
2. Click on the purchase containing the products you want to return. 
3. Choose the products by ticking the box next to their names and indicate the quantity. 
4. Add an explanation (ask for an exchange: reference/size/desired colours OR ask to be refunded depending on the method of the initial payment OR ask for a credit note) 
5. 5. Once the form is complete, click on “generate a return/make a return” 
6. You shall receive a return confirmation email within 48 working hours and will be able to access to the “Return merchandise/return an item” section in your account. 
7. Click on the relevant return number to show at the bottom of the page all the information necessary for returning the merchandise.
Do not forget to check our online shop for the availability of the desired reference/size/colour.
Please notice that the charges related to the forwarding and the handling of the new parcel might be different depending on the location you are. Contact the customer service to check the amount and the conditions.

The returns processing are to be carried out every Tuesday.
Items must be returned in perfect condition, unwashed and unworn except for trying, properly folded and packed. The returned items that are incomplete, damaged, worn, washed or fouled by the customer cannot be taken back. Shipping costs and the risks in returning are still at the expense of the purchaser. It is strongly recommended to return the merchandize with a record like Colissimo Tracked in order to avoid any loss. Any return will generate a credit note or a refund depending on the request of the purchaser. Only the price of the returned product-s will be refunded. Shipping and delivery costs will remain at the expense of the purchaser.

Article 15 : Force majeure
Neither of the parties shall have failed in its contractual obligation, given that their execution shall be delayed, hampered or prevented by unforeseen circumstances or force majeure. Shall be regarded as unforeseen circumstances or force majeure any facts or circumstances, external to the parties, that might be irresistible, unpredictable, inevitable, independent of the will of the parties and who would not be able to prevent them, in spite of all the efforts that are reasonably possible. The party affected by such consequences shall inform the other one within the 10 working days following the date it became aware of the occurrence. Therefore, both parties shall contact each other within a month, except in the event of impossibility due to a case of force majeure, in order to examine the repercussion of the event and acknowledge on the conditions in which the execution of the agreement shall be pursued. If the case of force majeure lasts for more than three months, the present general conditions shall be cancelled by the aggrieved party. Explicitly shall be considered as cases of force majeure or unforeseen circumstances, apart from the ones usually upheld by court jurisprudence and French tribunals: the deadlock of means of transports or of conveyance, earthquakes, fires, storms, floods, lightning, the stoppage of the telecommunication networks or difficulties specific external to customers.

Art. 16: Limits on non-validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

Art. 17: Non-waiver
The failure of either party not to claim a breach by the other party to any obligations contained in these Terms shall be construed in the future as a waiver of the obligation in question.

Art. 18: Applicable law
These general conditions are subject to French law. This is for the fund rules as to the rules of form. In case of dispute or claim, the customer should first contact FANTAZIA for an amicable solution. Otherwise, the Tribunal de Commerce in Rouen is competent.

Art. 19: Retention-of-title
The delivered goods remain the property of FANTAZIA until the customer has fulfilled all its obligations to FANTAZIA, and in particular until full payment, if any, plus interest. It should be noted that the mere delivery of a draft or a check is not worth paying. Failing settlement price on the due date, we will take back the goods and the sale will be canceled automatically if we want. The advance payments will be kept by FANTAZIA as compensation. The client is responsible of sales right out of our premises; he agrees that they are covered, from this output by insurance covering risks of loss, theft and destruction. .

Article 20 : Product warranty
According to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the customer of the legal guarantee which requires the seller to guarantee against all consequences of latent defects of the thing sold . In the event that the items we've delivered present a hidden defect, you can choose between canceling your sales contract against full repayment of the amounts paid and the cost of return (standard mode) and conservation Article delivered through a price reduction. FANTAZIA accept any liability in the event that the item delivered does not respect the legislation of the country of delivery. Responsibility for FANTAZIA will not be engaged in case of delay due to a shortage of stock at supplier. Furthermore, in case of substantial differences between the photographs of presentation of items on our site, texts and illustrations and the items ordered, our responsibility will not be committed. We implement all the means at our disposal to ensure the benefits of these objects Terms and Conditions. We are responsible for any damage direct and foreseeable at the time of use of the site or the conclusion of the sales contract between us and you. In any case we will not incur a liability for lost profits, loss of business, loss of data or lost profits or other consequential damages or was not foreseeable at the time of use of the site or the contract sales between the two parties.

Art. 21: Credit note
Credit notes are valid 12 months as from their emission. Credit note is strictly personal and is single-use. It is sent by email within the 7 days after receiving the returned product, unwashed and unworn except for trying.

FantaZia Cookie charter

A cookie is a text file sent by the servers you visit and which is stored on a computer, tablet or mobile when browsing a website. Cookies are intended to make your navigation more fluid and allow you to benefit from certain features of our website. Cookies set by us or third parties when you visit FantaZia-shop.fr do not recognize you personally as an individual; they recognize only the device you're using. Cookies do not damage your device. Our desire is to FantaZia-shop.fr to save you time by facilitating your Internet browsing: in fact a site using no cookie can not retain your data and these will be back for each visit! What are cookies? There are different types of cookie on our site with different purposes: Identify you when you log in to our site. This allows us not to ask you to each order your username and password, or to remember the choices you made on our website (eg your display preferences on the results page FantaZia-shop.fr) or to personalize the content of our website (remind you of the product range, offer you a selection of customized products, ...). Recall the product range, offer you a selection of customized products, ...). Keep track of registered products in your shopping cart. Prevent fraudulent activities. Improve safety. Conduct research and diagnostics to improve the content, FantaZia-shop.fr products and services (eg improving website usability by giving us the pages of our site in error, time spent on certain pages, ...) . Manage my cookies? You can disable cookies via your browser settings. For more information, please refer to the online help of your browser.

Art. 22: conditions to access the website and to place an order
The customer declares being at least 18 years old and having the full legal capacity allowing him/her to place an order on the website for the company he/she represents. This website proposes products for further resale by professionals, therefore the customer states to have the authorization due to its position within the company that he/she represents, to provide the information requested when he/she had access to the professional rates. This information must not be communicated to an outsider.

Art. 23: Shipment for professional customer is free of charge on orders over €1 000 ex-Tax (for Europe) and over €1 500 ex-Tax (worldwide).

Art. 24: The minimum of order required to benefit our professional rates is €150 ex-Tax without any minimum of clothes required. For jewels however we ask you to purchase at least 2 copies per each model required.
Art. 25: FantaZia offers discounts on voluminous orders: 5% off for orders from €1000 ex-Tax – 10% off for orders from €1500 ex-Tax - cannot be used in conjunction with any other offer/promotion/saving.
Art. 26: FantaZia offers to the ambulant traders 5% off on the total ex-Tax of the order – cannot be used in conjunction with any other offer/promotion/saving..

Art. 27: On each FantaZia clothes sold, the shop “buyer” will donate €1 per unit sold to the Nepalese TOIT association (www.toit.org.np) through the French association Law of 1901 Maison des Himalayas. At the beginning of each year, we are making a review on the donations by calculating the difference of the purchased clothes and the ones sold during the period. .

Art. 28: The first order of FantaZia products is always paid in full before the shipment.