Terms of Sale

Article 1: Legal information 

The seller FIG'S is a sole proprietorship registered with the Chamber of Trades and Crafts of Marseille under
SIRET: 918 214 388 00012.
Its VAT registration number is as follows: FR25918214388 FIG'S products are sold on the figseshop.com website. The FIG'S seller can be reached via the contact form or via the email address figs.artisanat@gmail.com.


Article 2: Purpose 

These terms of sale detail the rights and obligations of the customer and of FIG'S in the context of the sale of jewelry and accessories offered on the figseshop.com site or personalized orders. Any purchase made on the figseshop.com site, and any order placed with FIG'S imply unreserved adherence to the terms of sale defined below. The customer declares to have read and accept the terms of sale by checking the box " I accept the terms of sale" before finalizing his order. These terms and conditions are permanently available for consultation on the figseshop.com website, so that the customer and potential customer can read them before placing an order and proceeding with the sale. FIG'S reserves the right to modify all or part of the Terms of Sale at any time. The Terms of Sale applicable to an order are those in force on the date and at the time of validation of this same order. 


Article 3: Prices 

The prices applied on the figseshop.com website are indicated in € (euros) and inclusive of tax (all taxes included), with the prices applicable on the day of the order. The company is not subject to VAT but if this changes, prices will increase accordingly. The seller reserves the right to modify its prices according to the costs of the materials, or any other reason which makes this modification necessary. On the other hand, the applicable price for the customer is that indicated on the online store figseshop.com on the day of his order. The prices indicated include the packaging of the articles. On the other hand, the prices indicated do not include the delivery costs which are invoiced in addition at the time of placing the order.
 
Delivery prices vary depending on the delivery option chosen (at home, in a relay point, or in the European Union, Switzerland and the United Kingdom). From time to time, the seller can apply promotions to his articles. In this case, the starting price will be crossed out, and the price in force during the promotion will be indicated next to it, within the limits of available stocks. The dates of past promotions, the rates will return to their starting state. French and European taxes are included in the selling price of each item. On the other hand, some countries may add a local tax or customs tax: in this case, these additional costs will be borne by the customer. 


Article 4: Orders 

The customer can place an order via the catalog of items in the figseshop.com online store, within the limits of available stocks. The customer can choose one or more products that he puts in his basket, making sure to indicate the options offered by the seller. He may modify or delete his basket as long as the order has not been validated and these Terms of Sale accepted. In order to proceed with the order, the customer can either connect to his customer account if it has already been created, or enter his personal information (surname, first name, e-mail address, postal address) in the boxes provided for this purpose. Then, the customer chooses his delivery method, and is invited to enter his bank details in order to proceed with the payment. Once this information has been entered and the order has been validated, it is considered final and the customer receives an order confirmation email.
 
When it is ready, he receives an email confirming the shipment, and indicating an order tracking number. He can thus follow the delivery of his order. Finally, he receives an email confirming either the delivery to his mailbox or to the chosen pick-up point.
 
Upon receipt of his order, the customer will find a paper version of the invoice corresponding to the order, unless expressly requested by him not to provide it, as part of a gift for example. The invoice sent by email to the customer during the validation of the order will serve as proof.
 
During each order, the customer must accept these general conditions of sale using the box provided for this purpose, and undertakes to ensure the reliability of the information provided to the seller (identity, delivery, payment).
 
Any erroneous information may result in the blocking of the order while the problem is solved, or the cancellation of the order if the problem is not solved.
 
If the address provided by the customer is incomplete, preventing the smooth running of the delivery by the carrier service, the seller will not be held responsible, and therefore the customer will not be refunded.
 
The customer has the choice between several delivery methods: at home or at a collection point. If the customer does not pick up his order at the pick-up point within 15 days, the seller will not be held responsible, and therefore the customer will not be refunded.
 
The seller reserves the right to delete any account with malicious intent (spam, slander), and any order linked to it. For any questions regarding an order, the customer can contact the seller via the contact form available on figseshop.com or via email at figs.artisanat@gmail.com


Article 5: Payments 

The seller makes available to the customer a variety of means of payment through the company STRIPE, in order to allow him to validate his order. If the means of payment desired by the customer is not available, he can nevertheless contact the seller to try to find a solution (without guarantee of result).
 
The customer agrees to be authorized to use the means of payment chosen during the validation of the order, in order to ensure its smooth running. The seller reserves the right to refuse any order that has not been validated by the payment organization chosen by the customer, as well as any order that is not fully paid by the customer, or any order placed by a customer who is in payment dispute with FIG'S.
 If the customer does not receive an order confirmation email, the payment may not have been validated. It will therefore be his responsibility to contact the seller to inform him of his problem. 


Article 6: Rights of withdrawal 

For bespoke items (rings, stacking rings, bracelets, stamped jewelry and personalized orders), the customer will have no right of withdrawal, as provided for in article L.221-28 of the consumption (France). On the other hand, for articles such as pendants and earrings, the customer has a period of 14 days to retract and cancel his order, if it has not yet been dispatched. From the receipt of the order, the customer has a period of 14 days to return his order, in accordance with article L121-21 of the Consumer Code (France), excluding made-to-measure items. He will thus be able to benefit from a refund or an exchange without penalties. If the customer asks to withdraw, he undertakes to return the order with the invoice in its original packaging or any packaging allowing the complete protection of the order, and therefore its relisting. The boxes and pouches are considered an integral part of the order. Return costs are the responsibility of the customer, at his own risk. 


Article 7: Delivery

 FIG'S only delivers in mainland France, Corsica, the European Union, Switzerland and the United Kingdom. The list of these delivery destinations may be expanded.
Prices vary depending on the delivery option chosen.
 
Unless otherwise agreed, the carrier selected for delivery is Colissimo, order tracking will therefore be available on their site. Ownership, risk of loss and responsibility for the order are transferred to the customer as soon as the order is shipped.
 
Temporary notice: at the opening of the site, and this for 1 month, unless otherwise stated, the manufacturing time is 3 weeks. Delivery times can therefore range from 2 weeks to a month.
The seller undertakes to send the order within 10 days. Delivery times can range from 7 to 15 days. If these deadlines are exceeded, it is advisable to contact the seller to find a solution. If the order has already been sent within 10 days of ordering, the seller is not responsible for the delay. He will nevertheless take the necessary steps with the carrier to try to solve this problem, without guarantee of result.
 
It is possible that due to some problem, the ordered article is not available. If this is the case, the seller will contact the customer to ask if an additional delivery time can be added or if the customer wishes to be refunded. 


Article 8: Guarantee 

The seller guarantees the conformity of the article sold to the customer during the sales contract. The customer can therefore make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code (France) , which provide, among other things: The good complies with the contract if it meets, in particular, the case where appropriate, to the following criteria: 

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 

2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted; 

3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract; Article L.217-7 of the Consumer Code also provides that: The lack of conformity which appears within a period of twenty-four months from the delivery of the goods, including the goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or the defect invoked.
 
The customer therefore has a period of 2 years from receipt of the order to manifest itself in the event of implementation of the legal guarantee of conformity. The customer may then request a refund on the account used to place the order, a replacement or repair of the item concerned. 

FIG'S packs the products in such a way as to ensure their protection during transport. Therefore, FIG'S is not responsible for damage caused by a third party, or caused by the transport and handling of the order. Nevertheless, FIG'S invites you to report this damage to the Colissimo carrier upon receipt of the order. 



Article 9: Responsibility 

FIG'S is not held responsible in the event of breach of contract due to an uncontrollable and unforeseeable element of a third party to the contract such as the transport service, or due to the customer.
FIG'S is not held responsible for the misuse of the products offered on the figseshop.com site, and the consequences and accidents caused by this misuse (strangulation, ingestion, etc.).
FIG'S is not held responsible for allergic reactions or other physical problems caused by the jewelry, the materials making up the jewelry being detailed on the figseshop.com website. 



Article 10: Intellectual property 

All texts, images, photographs presented on the figseshop.com website are protected by copyright and intellectual property.

Therefore, any reproduction or use outside the private framework cannot be done without the express agreement of the seller who owns figseshop.com and its content. Any total or partial reproduction of the figseshop.com website is strictly prohibited and is likely to constitute an offense of counterfeiting. 

Most of the pictures were taken by Manon Figari (owner and maker of Fig's) who owns the copyright and intellectual property, and exactly 2 pictures from the About page were taken from Pexels (free to use pictures).

The copyright and intellectual property of 17 pictures are also protected and were taken Abigail Van Kooten, who authorizes its use to the company FIG'S (https://www.abigailvankooten.com/).

The copyright and intellectual property of the FIG'S company logo are also protected and belong to Victor Roques, who authorizes its use to the company FIG'S.



Article 11: Personal data 

The customer must provide personal data (surname, first name, email address, postal address, etc.) when ordering. These data are collected in order to ensure the smooth running of the order (quote, invoice, payment, delivery, information to the customer on the progress of his order, contact with the customer about his order), and are in no way cases used for other purposes, nor resold to a third party.
 
The collection of the email address can also be used, with the prior agreement of the customer, to send him a newsletter (email to keep him informed of news and promotional codes). The customer's financial data is not stored by FIG'S, but by the company STRIPE, which is in charge of the payment process and the protection of the financial data linked to it. The customer and/or visitor to the figseshop.com website is invited to accept cookies, without obligation. These cookies allow him an ease of navigation (conservation of the basket for example). The customer and any person who has entered personal data on the figseshop.com site can access, rectify or delete any personal data concerning him. For this, he is invited to contact the seller via the contact form provided or via the email address figs.artisanat@gmail.com



Article 12: Force majeure 

Any order that has not yet been entrusted to the carrier may be suspended in the event of force majeure, such as a natural disaster, war, riot, strike, blockage of transport routes or any disturbance independent of the parties and preventing the proper execution of the contract (non-exhaustive list).
 
The customer and the seller must remain in contact in order to agree on the future of the contract (conditions of continuation or termination). 



Article 13: Applicable laws and competent jurisdictions 

DISPUTE – CONSUMER MEDIATION

In the event of a dispute between the Customer and the company, they will endeavor to resolve it amicably (the Customer will send a written complaint to the professional or, where applicable, to the Customer Relations Department of the professional). In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the Consumer Customer within the meaning of Article L.133-4 of the Consumer Code has the possibility of enter free of charge, if a disagreement remains, the competent mediator registered on the list of mediators drawn up by the Commission for the evaluation and control of consumer mediation pursuant to Article L.615-1 of the Consumer Code, to know :
La Société Médiation Professionnellewww.mediateur-consommation-smp.fr24 rue Albert de Mun - 33000 Bordeaux





APPENDIX 
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Consumer Code

Article L. 217-4:
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility."

Article L. 217-5:
"The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted." Article L. 217-6:
“The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”. 
Article L. 217-7: “The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can fight this presumption if it is not compatible with the nature of the good or the lack of conformity invoked."

 Article L. 217-8:
“The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials that he himself supplied.” Article L. 217-9:
“In the event of a lack of conformity, the buyer chooses between repairing and replacing the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer."

Article L. 217-10:
“If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor."

Article L. 217-11: "The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the allocation of damages and interest." 

Article L. 217-12:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods." 
Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature recognized by law." 

Article L. 217-14:
"Recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code." 

Article L. 217-15 :
"The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or repair of the goods or the provision of any other service in relation with the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor. In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound of the legal guarantee of conformity lied mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract. In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it."

Article L. 217-16:
"When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the purchaser's intervention request or the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
 
​​
Civil Code
 
Article 1641:
“The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have not acquired, or would have paid a lesser price for it, if he had known them.” 

Article 1648:
"The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be introduced, on pain of foreclosure, in the year following the date on which the seller can be discharged from the apparent defects or lack of conformity."