These “General Terms and Conditions of Sale” apply to legal transactions relating to the products marketed to its customers by the company Filumena Art within its virtual store www.filumena.net.
The following words or expressions will have the following meaning in this document:
Registration: You will have to register as a “company” and enter your VAT number (or identification if you are not subject to VAT) or even “En Création” instead of the N° of VAT.
Internet Shop: means the website on which the Products are presented and sold to customers.
Order: means the sales contract concluded between and the customer of the Internet shop of the company Filumena Art.
Product sheet: designates the classified information concerning a product provided by the company Filumena Art when the said product is put up for sale in its internet store.
Products: designates all the goods and services offered for sale by Filumena Art in its internet shop.
Service: refers to the sale of Products by Filumena Art to customers of its Internet Shop.
Transaction: designates all the operations, secure processing, authorizations and agreements inherent in the payment of the price of the Products ordered by bank card.
ARTICLE 1: OBJECT
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which Filumena Art offers and sells its Products to its customers.
These general conditions of sale will prevail over all other conditions appearing in any other document, except prior, express and written derogation.
ARTICLE 2 – ACCEPTANCE OF THE CONDITIONS
The customer acknowledges having read, at the time of placing the Order, these general conditions of sale and expressly declares to accept them without reservation.
These general conditions of sale govern the contractual relationship between the company and its client, Filumena Art both parties accepting them without reservation.
ARTICLE 3 – PRODUCTS
Most of the products offered by Filumena Art to its customers are immediately available.
ARTICLE 4 – ORDER
Automatic registration systems are considered as proof of the nature, content and date of the Order.
Will confirm to the customer the acceptance of his Order by sending a confirmation message to the email address that the latter will have communicated. The sale will not be concluded until the said order confirmation has been sent.
The company Filumena Art reserves the right to refuse or cancel any Order from a customer, in particular in the event of the said customer’s insolvency or in the event of a default in payment of the Order concerned or of a previous delivery or a dispute relating to the payment of a previous order. Any offer to sell is subject to available stocks. Nevertheless, if, despite the seller’s vigilance concerning its stocks, the products prove to be unavailable after the buyer’s order, the company Filumena Art undertakes to inform you of this as soon as possible, and will be able to allow you to cancel or change your order.
The statements indicated by the customer, when entering the information inherent in his Order, are binding on him. can not be held responsible for errors made by the customer in the wording of the contact details of the recipient of the Order (delivery address, billing address in particular) and delays in delivery or the impossibility of delivering the Products ordered that these errors could engender.
ARTICLE 5 – DELIVERY
After confirmation of the Order and subject to full payment of the price of the products ordered, Filumena Art undertakes to ship to its customer, under its responsibility, the products ordered to the delivery address within a maximum period of 7 days with exceptions.
Where applicable, the customer agrees to pay upon receipt, all taxes, duties, taxes and other present and future charges due for the delivery of the said products themselves; the joint and several liability of Filumena Art cannot at any time be engaged in this respect.
Delivery will be made by La Poste Suivi or Colissimo or a carrier at our convenience.
Our delivery rates are available by clicking on “delivery” in the left column of our site
Any delays in delivery attributable to the carrier or the company Filumena Art do not entitle the customer to claim damages.
The Products ordered are transported at the risk and peril of the recipient. Upon receipt of the Products ordered, the customer or the recipient must check the proper functioning of the goods delivered, and take note of its conditions of use appearing on the instructions for use provided to him.
In the event that one or more of the Products ordered are missing or damaged, the customer or the recipient must make any reservations with the carrier at the time of delivery. Any incomplete order will be subject to a voucher for the value of the missing products (excluding postage) which will be credited to the customer’s account. If, however, the customer wishes to be reimbursed for the value of the missing or out-of-stock products, he must imperatively make the request by e-mail to our service, the reimbursement by check will take place within a maximum period of 15 days.
In the event of apparent defects, the customer benefits from the right of return under the conditions provided for in the instructions for use of the property.
War, riots, fire, strikes, accidents and the impossibility of being supplied are considered as cases of force majeure discharging its obligation to deliver.
For reasons of availability of the Products ordered, an Order may be the subject of several successive deliveries to the customer.
In the event that the customer would like the Products ordered to be delivered to two separate addresses, the latter should place 2 separate Orders.
Deliveries are made between Monday and Friday inclusive.
ARTICLE 6 – WITHDRAWAL
The customer has a period of 7 days from receipt of the Products ordered to return them for exchange or refund, except for products marked “neither exchanged nor refunded”. In this case, the customer must return the new, undamaged Products, accompanied by all possible accessories, instructions for use and documentation to the following address:
2 rue du Haut Changis
In the event of exercise of the right of withdrawal, the company Filumena Art undertakes to reimburse the sums paid by the customer, free of charge, with the exception of the return costs.
The refund is due within a maximum period of 30 days in accordance with the law in force.
ARTICLE 7 – PRICE
The price is expressed in euros, our minimum purchase is €200 excluding VAT, excluding delivery costs.
All invoices for metropolitan France and the EEC are VAT included, country of departure. For export, outside the community, for the purpose of simplification, all invoices are assimilated excluding VAT. This price includes the price of the Products, the costs of handling, packaging and storage of the Products, the costs of transport and commissioning.
The company Filumena Art retains the right to modify the prices at any moment. However, Filumena Art commits to charge the ordered products and services at the price indicated at the moment the order is registered.
No discount is offered in case of advance payment.
ARTICLE 8 – PAYMENT
The price invoiced to the customer is the price indicated on the order confirmation sent by the company.
The price of the Products is payable in cash by one of the means of payment offered on the site on the day of the actual order.
The Order validated by the customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.
The goods will be dispatched after this period has expired.
ARTICLE 9 – APPLICABLE LAW
These general conditions of sale are subject to French law.
ARTICLE 10 – LIABILITY
Filumena Art cannot be held liable for damages of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the Products marketed. The same applies to any modifications to the Products resulting from the manufacturers.
The liability of Filumena Art will, in any case, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have persisted despite all the precautions taken in the presentation of the products. In case of difficulties in the application of this contract, the customer and reserve the possibility, before any legal action, to seek an amicable solution.
Otherwise, for merchant customers, the Commercial Court of Melun has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
ARTICLE 11 – WARRANTY
In all cases, Filumena Art cannot be held responsible for non-compliance with the regulations and laws in force in the country of reception. Liability is systematically limited to the value of the Product in question determined on the date of its sale and this without the possibility of recourse to the brand or the company producing the product. The defective product must be returned in its original packaging accompanied by a copy of its purchase invoice, including the entire product and its accessories. All costs and risks related to the return of the product are the responsibility of the Buyer.
Warranties do not cover replacement of consumables; abnormal, illicit or non-compliant use of the products; failures related to accessories; damage resulting from abnormal shocks, broken glasses bound during transport; errors in workmanship or alterations made by the buyer; defects and consequences due to the intervention of a repairer not approved by Filumena Art as well as defects and consequences related to any external cause.
In any case, the customer benefits from the legal guarantee of eviction and hidden defects provided for in articles 1625 and following of the Civil Code.
The customer may contact customer service by phone or by email at firstname.lastname@example.org
Answer: 48 hours on working days.
ARTICLE 12 – LEGAL INFORMATION
The information of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. The lack of information leads to the non-validation of the Order.
In accordance with the “Informatique et Libertés” law, the processing of personal information relating to customers has been declared to the National Commission for Computing and Liberties (CNIL).Last updated date: 05/03/2023
Effective date: 15/08/2023