IDENTIFICATION 

1. Company name: SARL FANTAZIA

2. Sign : FANTAZIA

3. Legal status and share capital: SARL with share capital of €139,000

4. Head office: SARL FantaZia - 1 rue Adolphe Tavernier - BP 30075 - 76300 Sotteville-Lès-Rouen Cedex
   

5. Private phone: 02 78 71 60 97 - Business phone: 06 65 44 44 06

6. E-mail individuals: service_client@fantazia-shop.fr - E-mail professionals: service_pro@fantazia-shop.fr

7. Website : https://www.fantazia-shop.com/

8. Intracommunity VAT: FR 90 752 397 307

9. SIRET: 752 397 307 00014

10. NAF code: 4791A

11. Director of publication: HERNANDEZ Jean-Renan

    
    

    GENERAL TERMS AND CONDITIONS OF SALE AND USE

Any order placed for a product from the store implies prior consultation and acceptance of the present terms and conditions. Consequently, by validating your order, you acknowledge that you are fully aware that acceptance of the content of these terms and conditions does not require handwritten signature of this document. You have the option of saving or editing these terms and conditions, it being understood that both saving and editing of this document are the sole responsibility of the customer, as these terms and conditions are subject to change. In this case, the applicable conditions will be those in force on the site at the date of the order.

All this information is presented in French. The consumer declares that he/she has full legal capacity to enter into commitments under these terms and conditions.

Article 1: Purpose
These general terms and conditions of sale govern the contractual relationship between FANTAZIA and its customer. They express all the rights and obligations of the parties.

Article 2: Contractual documents
The contract is formed by the following contractual documents, presented in descending hierarchical order: the present general terms and conditions; the order form. In the event of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.

Article 3: Coming into force
The present general conditions are in force even before the consumer places an order on our site.

Article 4: Electronic signature
The "click" to validate the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Article 5: Order confirmation
Order information will be confirmed by e-mail or, failing that, at the address indicated on the order form, at the latest at the time of delivery.

Article 6: Proof of transaction
The computerized registers, kept in our computer systems, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof. FANTAZIA recommends that its customers keep a paper or reliable electronic record of data relating to their orders. The customer is responsible for verifying the completeness and accuracy of the information provided to FANTAZIA, which cannot be held responsible for any input errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred will be borne by the customer.

Article 7: Product information
7-a : In accordance withArticle L 111-1 of the French Consumer Code (which allows potential customers to know the essential characteristics of the products they wish to purchase before placing a definitive order), FANTAZIA presents its products on its website together with a description of their main characteristics.
7-b : The offers presented by FANTAZIA are only valid while stocks last.

Article 8: Prices
Prices are indicated in euros and are only valid on the date of validation of the order form by the customer. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices include T.V.A. applicable on the date of the order and any change in the applicable rate of T.V.A. will be automatically reflected in the price of products in the online store. Full payment must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.

Article 9: Method of payment
To pay for his order, the customer has, at his choice, all the payment methods offered at the time of completing his purchases (CB, Check, Paypal, Transfer). The consumer guarantees FANTAZIA that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. FANTAZIA reserves the right to suspend any order and any delivery in case of refusal of authorization of payment by credit card from the officially accredited bodies or in case of non-payment. In particular, FANTAZIA reserves the right to refuse to make a delivery or to honor an order from a customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress. FANTAZIA has set up an order verification procedure designed to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the customer may be asked to send a copy of an identity document and proof of address by e-mail or post. The order will be validated only after receipt and verification by our services of the documents sent.

Article 10: Product availability
The order will be executed within 1 working day at the latest from the day following that on which the customer placed the order. In the event of unavailability of the product ordered, the customer will be informed as soon as possible and will have the option of cancelling the order. The consumer will then have the choice of requesting either a refund or a credit note for the sums paid within 14 days at the latest (in accordance with article L.216-3 of the French Consumer Code).

Article 11: Delivery terms
Products are delivered to the address indicated by the customer when ordering. It is the customer's responsibility to check the condition of the packaging of the goods on delivery and to report any damage to the carrier, and to inform FANTAZIA, within a reasonable period of time. Article L 133-3 of the French Commercial Code requires the consignee to make a reasoned claim to the carrier within 3 days, not including public holidays, in the event of transport damage. This period may be extended to 10 days in the case provided for in article L.224-65 of the French Consumer Code.

As far as shipping is concerned, we work mainly with La PosteColissimo Suivi. As soon as a shipment is made, you will receive an e-mail informing you of the shipment and tracking number.

THE POST OFFICE
Small items are shipped by La Poste's Colissimo Suivi service, which delivers within 48 hours anywhere in France, and gives you the option of picking up your order at a post office close to the delivery address if you are not at the delivery address when the letter carrier arrives. In this case, the letter carrier will leave a notice in your letterbox, allowing you to collect your parcel within 15 days, during normal opening hours. Colissimo Suivi is a highly reliable service. However, late delivery or loss of the product is still possible. In the event of a delay in relation to the date we indicated in the dispatch e-mail, we ask you to notify us by telephone or e-mail. We will then contact the Post Office to start an investigation. This may take up to 21 days. If the product is found during this period, it will be sent back to you immediately (in most cases). If, on the other hand, the product is not found within this period, the Post Office will consider the parcel lost. Only then can we send you a replacement product, at our expense. If the products ordered are no longer available at that time, we will refund the amount concerned.

In the event of late delivery or non-delivery of goods :

Article L.216-2 of the French Consumer Code sets out the conditions under which the consumer may rescind the contract if the professional fails to meet his obligation to deliver the goods.

Thus, in the absence of delivery on expiry of the deadline set at the time of the order, the customer has the possibility, in the first instance, of enjoining the professional in writing to make the delivery within a reasonable additional period.

In the event of non-performance, the consumer may then request resolution of the sale in writing.

The contract is considered to be terminated as soon as the professional receives this written document.

In accordance with article L.216-3 of the same code, if the contract is terminated under these conditions, "the professional shall reimburse the consumer for all sums paid, at the latest within 14 days of the date on which the contract was terminated. "

Article 12: Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature. At the same time, the customer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within seven (7) working days of the delivery date, setting out the aforementioned complaints. The customer must send FANTAZIA a copy of this letter.

Article 13: Delivery errors
13-a: The consumer must notify FANTAZIA no later than 14 working days after delivery, any claim of error of delivery and / or non-conformity of goods in kind or in quality compared to the indications on the order form. In this case, FANTAZIA will request one or more photos by email of the defective item in order to confirm the claim and avoid having return shipping costs charged to the consumer.
13-b : The formulation of this complaint with FANTAZIA must be made by email or via this form by specifying the reference of the order: https://www.fantazia-shop.fr/contactez-nous 
13-c : Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release FANTAZIA of any responsibility with respect to its customer.
13-d: In the event of a delivery error, any product to be refunded must be returned to FANTAZIA in its original packaging, unwashed and unworn, along with your name/order number and request to the following address:
SARL FANTAZIA - Returns department - 1 rue Adolphe Tavernier - BP 30075 - 76300 Sotteville-Lès-Rouen Cedex - FRANCE

To be accepted, any return, following an error on our part or a defect, must be notified in advance to FANTAZIA's Customer Service Department by filling out this form contact form, otherwise the return will not be accepted.

If the shipping costs are advanced by the customer, they will be reimbursed by FANTAZIA (upon presentation of proof, within the cost of a shipment Colissimo registered and according to the shipping method specified by FANTAZIA, except in cases where it proves that the product does not correspond to the declaration of origin made by the consumer in the return form).

If the above procedure is not followed, no claim for non-conformity or apparent defect of the products delivered will be accepted.

Article 14: Right of withdrawal - Returns and refunds
The consumer has a period of 30 working days to return, at his own expense, any products that do not suit him. This period runs from the day of delivery of the order to the customer. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

All returns must be notified to us in advance. To do this, go to your Order History :

1. Select the items to be returned in the relevant order.

2. Enter the reason for the return and click on "Generate return".

3. You will receive a return authorization email ("Awaiting parcel") within 48 working hours and can then access the "My returns in progress" section in your account to print the return slip to enclose with your parcel (or copy on plain paper, with your returns number and the name you used when ordering).

Without this slip, the return cannot be processed.

Items must be returned in their original packaging, with their label and any accessories, in perfect condition for resale.

Items must be returned in perfect condition, unwashed and unworn beyond the fitting, correctly folded and packaged.

NB: For all happy pet owners, beware of fur - it does not add value to the returned item, however soft it may be. Please "dehair" garments before returning them.

Items returned incomplete, damaged, worn, washed or soiled by the customer will not be accepted for return or refund.
Return postage and risks remain the responsibility of the purchaser. We strongly advise you to return the goods by Colissimo without signature to avoid any loss.
Any return will result in the creation of a credit note or a refund, depending on the buyer's request.

Article 15: Force majeure
Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. Acts of God or force majeure shall be deemed to be any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of becoming aware of them. The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party. Force majeure is defined as the occurrence of an unforeseeable and irresistible external event which renders performance of the obligation impossible. Neither a strike nor the occurrence of a natural disaster shall be considered as systematically exonerating the service provider from all liability.

Article 16: Partial non-validation
If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.

Article 17: Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 18: Applicable law and mediation
These terms and conditions are governed by French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the customer should first contact FANTAZIA for an amicable solution. Failing this, in accordance with article R 631-3 of the French Consumer Code ''The consumer may refer the matter either to one of the courts having territorial jurisdiction under the Code of Civil Procedure, or to the court for the place where he or she lived at the time the contract was concluded or at the time the harmful event occurred.

Mediation :
In accordance with article L. 612-1 of the French Consumer Code, within one year of submitting a written complaint, the consumer, subject to article L.152-2 of the French Consumer Code, may submit a request for amicable resolution by mediation to :
SAS Médiation Solution 222 chemin de la bergerie 01800 Saint Jean de Niost
site : https://www.sasmediationsolution-conso.fr,
email : contact@sasmediationsolution-conso.fr

Article 19: Reservation of title
The goods delivered shall remain the property of FANTAZIA until the customer has fulfilled all his obligations to FANTAZIA, and in particular until full payment of the price, plus interest where applicable. It should be noted that the mere remittance of a draft or cheque does not constitute payment. In the event of non-payment of the price on the agreed due date, we may take back the goods and the sale will be cancelled by operation of law, at our discretion. Any deposits paid will be retained by FANTAZIA as compensation.

In accordance with article L.216-4 of the French Consumer Code: "Any risk of loss or damage to the goods is transferred to the consumer at the time when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods".

Article 20: Product warranty

You have 2 legal guarantees:

- The warranty relating to defects in the item sold ("garantie des vices cachés") provided for in articles 1641 to 1648 of the French Civil Code.

- The legal guarantee of conformity (provided for in articles L217-4 to L217-14 of the French Consumer Code).

Consumers are reminded that they may decide to invoke the warranty against hidden defects in the item sold under article 1641 of the French Civil Code, in which case they may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

Article 21: Assets
Credit notes are valid for 12 months from the date of issue. Credit notes are strictly personal and for one-time use only. It will be sent by e-mail within 7 days of receipt of the returned product, new, unwashed and unworn after fitting.

Article 22: Cookies & RGPD

Find out more about our privacy policy and the choices available to you, click here.

To exercise your RGPD rights (to access personal data, to portability, to be forgotten, to data rectification),log in to your account FantaZia and click on "Your data RGPD and Cookies"

For further information, we invite you to To consult the CNIL website.

Supplements to the General Terms and Conditions of Sale for professional resellers :

Article 23: Conditions for accessing the site and placing an order
The customer declares that he/she is at least 18 years old and has the legal capacity to place an order on the site for the company he/she represents. As this site offers products intended for resale by professionals, the customer declares that he/she is authorized by his/her position within the company he/she represents to provide the SIRET number and other information requested in order to access the Professional rates. This information must not be communicated to a third party.

Article 24: Free shipping for business customers is €500 (excl. VAT) for orders within mainland France only.

 Article 25: The minimum order to benefit from our professional prices is €150 excluding VAT, with no minimum quantity of garments. For jewelry only, 2 pieces per model are required.

Article 26: FantaZia offers Volume Discounts: 5% for orders over €1,000 excluding VAT - 10% for orders over €1,500 excluding VAT - cannot be combined with other offers, discounts or reductions.
 
Article 27: FantaZia offers non-sedentary retailers a 5% discount on the total order excluding VAT, which cannot be combined with other offers, discounts or reductions.

Article 28:The first order of FantaZia products is always paid in cash before shipment.