CONDITIONS OF SALE on Flibustier Paris EUROPEAN E-BOUTIQUE
The following terms and conditions and any other related rules that are adopted by Flibustier Paris and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of Flibustier Paris products that you (the “Customer” or “you”) may order from Flibustier Paris, a corporation organised and existing under the laws of France and having a place of business at 04 bis allée Circulaire 93600 Aulnay sous Bois (“Flibustier Paris” or referred to herein as “us”, “our” or “we”) on the Internet via Flibustier Paris’s Websites, identified by the domain names www.flibustierparis.com, www.flibustierparis.co.uk (the “Website”).
These Conditions of Sale apply exclusively to sales made through the Website. Flibustier Paris may modify the Conditions of Sale from time to time, at its sole discretion.
The Conditions of Sale applicable to any order placed through the Website are those in force at the time that an order is placed on your behalf at the time you place your order. When you check the “I Accept” or similar box at the order confirmation section of the Website before placing your order with Flibustier Paris, you indicate your acknowledgment and your full acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Flibustier Paris products from the Website.
2. PURCHASING ELIGIBILITY
Only individuals who (a) have reached the age of majority (eighteen in most countries), and (b) have legal capacity to enter into contracts may order products through the Website (please also refer to payment and shipping sections below for further details) If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Website, you represent and warrant that you are a bona fide end-user Customer and will not deliver, sell or otherwise distribute Flibustier Paris products or purchase Flibustier Paris products for commercial purposes or any other commercial benefit. If despite our efforts the product is no longer available or Flibustier Paris believes, for legitimate grounds, that an order would violate these Conditions of Sale, Flibustier Paris may refuse such order.
3. PRODUCT AVAILABILITY & QUANTITY
All orders placed through the Website are subject to availability and acceptance by Flibustier Paris.
Flibustier Paris reserves the right to change the assortment of items proposed on the Website and may limit from time to time the quantity of Flibustier Paris products that may be ordered by a Customer in a single buying session.
The product pages of the Website can provide you with information regarding products that are currently available for sale. Please note that only those creations displaying a “Add to Cart” button are available for sale through the Website.
4. ACCOUNT CREATION; PERSONAL INFORMATION; GUEST CHECKOUT
In order to place an order through on the Website, you will be required to register and create your online account. In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address.
Upon completion of your account registration on the Website, you will receive an e-mail which will allow you to log in to your account on the Website and create a permanent account login and password. You may also receive a second e-mail summarising the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Flibustier Paris will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
If you are willing to order on the Website, your offer to place an order will be processed as follows: Once you have chosen a product, click on the “Add to Cart” button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected in the Shopping Bag.
6. PRICES, TAX AND SHIPPING COSTS
All Prices shown on the product pages of the Website or quoted by the Customer Contact Centre include VAT (for countries inside EU) but exclude shipping costs and other taxes unless otherwise stated. The applicable currency will be updated based on the shipping destination after you provide us with the delivery address. For countries outside EU, prices exclude VAT. Flibustier Paris cannot be held responsible for any additional taxes that may be applied by the customer's country customs.
Flibustier Paris reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Customer Contact Centre, as indicated at the time Flibustier Paris provides you with a Confirmation of Order, will be honoured by Flibustier Paris.
Shipping costs are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
Shipping costs will be reflected on your order page, that is to say the last page before you are asked to confirm and place your order and will also appear on your invoice. Shipping costs, if any, are described in the shipping policy set forth below.
7. CUSTOMER’S REVIEW AND CONFIRMATION
You should carefully check all details before placing your order through on the Website, including without limitation the particulars of each sale, which will be provided by the Website.
When you have completely reviewed your order, first check the box next to “I have read and accept the conditions of sale ” to indicate your agreement to be bound by these Conditions of Sale and then, click on the “Confirm and place order” button on the Website to place your order.
By placing an order, you are submitting an offer to Flibustier Paris to buy the products you have placed in your “Shopping Bag”. Notwithstanding anything to the contrary provided for herein, Flibustier Paris reserves the right to refuse, cancel and terminate orders at any moment in time for legitimate grounds. For example, Flibustier Paris may refuse, terminate or cancel your order if there is an on-going dispute concerning payment of a prior order or if Flibustier Paris suspects that you have violated these Conditions of Sale.
8.1. Payment by credit or debit card
You may pay by credit or debit card, as indicated on the Website.
Your billing address must be in one of the countries listed in Clause 2 above. Cards with a billing address outside one of the countries listed in Clause 2 above will not be accepted.
When ordering on the Website, you will need to enter your payment details on the appropriate form.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Flibustier Paris, you will need to contact your card issuer directly to solve this problem, and Flibustier Paris will not be liable for any delay or non-delivery.
Under this agreement, the payment processing services for goods and/or services purchased on this website by credit or debit card are provided by SKRILL, depending on the type of payment method used for the purchase of the goods and/or services.
Flibustier Paris never stores any bank information on its servers. These informations are directly processed by our payment system provider: SKRILL. Flibustier Paris uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected.
9. CONFIRMATION OF ORDER
Once you have placed your order on the Website, Flibustier Paris will send you by e-mail a written Confirmation of Order.
The Confirmation of Order constitutes the acceptance of your order by Flibustier Paris and indicates the existence of a binding sales contract.
Flibustier Paris will preserve information concerning all orders as required by applicable law. These records may be made available to the Customer either by registering on the “My Flibustier Paris” section of the Website or by contacting the Customer Contact Centre.
10. SHIPPING POLICY
We only accept orders for delivery to addresses located in one of the countries listed in Clause 2 above. Please note that Flibustier Paris does not ship to certain addresses, such as PO boxes or hotels. Further information, may be found on the Website or by contacting the Customer Contact Centre.
Delivery costs will be assessed by Flibustier Paris and will be added to the price of the Flibustier Paris products themselves. Please refer to the Website for more information.
The delivery costs and the estimated delivery lead time will be mentioned on the Website.
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our Confirmation of Order.
11. CUSTOMERS’ RIGHT OF WITHDRAWAL
As a Customer based in the EU, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you can use our online return service) to obtain a Return Number (RN). Alternatively, you must inform us (Flibustier Paris, Customer Contact Centre, 04 bis allée circulaire, 93600 Aulnay sous Bois, France) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery and/or the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by Flibustier Paris), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Please provide a copy of a SWIFT message of the initial transfer in case of payment made by bank wire transfer so that we can refund you on the same bank account.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods only if you follow the return process specified below; otherwise you will have to bear such costs.
The Customer will be liable for any decrease in the value of the product if the deterioration is caused by a use beyond the ordinary quality inspection and functional testing of the product. "Quality inspection and functional testing" is understood to mean the testing of the product as one would usually do in a retail outlet. Consequently, if the product is damaged, Flibustier Paris will deduct the cost of refurbishment or replacement from the refund.
12. RETURN PROCESS
12.1. Return process
Products that have been purchased on the Website may be returned to the following address: Flibustier Paris, 04 bis allée circulaire, 93600 Aulnay sous Bois, France.
Products that have not been purchased on the Website may NOT be returned to the Flibustier Paris e-boutique.
Upon receiving a return, Flibustier Paris will verify that the returned product complies with these Conditions of Sale.
12.2. Conditions for returning a product
Flibustier Paris products must be returned in a new and unused state.
Personalised Flibustier Paris products cannot be returned to Flibustier Paris for exchange or refund.
Please also return the original Flibustier Paris box and delivery package, with all its accessories, all other documents, with all protective materials in place and tags and stickers attached to the products. Failure to do so will respectively entitle Flibustier Paris to withhold the corresponding value from the refund made to the Customer, or to refuse the products returned.
All returns will be subject to strict Quality Control (QC) by Flibustier Paris to ensure that the returned products satisfy these requirements.
If the returned product satisfies Quality Control (QC), Flibustier Paris will proceed with the refund or exchange, as applicable.
12.3. Customers’ exchanges
Customers may exchange a product purchased on the Website for another Flibustier Paris product if the product to be exchanged complies with these Conditions of Sale.
For any exchanges, you should first contact us to check the availability of the product you would like to order in exchange of the returned product.
Only the Customer will be entitled to receive a refund of the price difference when the product to be returned is more expensive than the desired Flibustier Paris product. If the returned product is less expensive than the desired product, the Customer will be charged the difference in price.
13. MANUFACTURER’S GUARANTEE
Flibustier Paris is extremely cautious in ensuring that each product strictly complies with its quality criteria and that it has passed all controls, both technical and aesthetic.
Selected products are covered by the 6 months Flibustier Paris International Guarantee. If you wish to repair a product covered by the Flibustier Paris International Guarantee, please contact us.
14. LEGAL GUARANTEE
In your capacity as consumer, you may have legal rights under applicable national legislation governing the sale of consumer goods; those legal rights are not affected by these Conditions of Sale.
For any repair inquiries, please contact our Customer Contact Centre (telephone number and e-mail address indicated on the Website).
16. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
While Flibustier Paris endeavours to verify the accuracy of any information it places on the website, in advertisements or catalogues or by the Customer Contact Centre, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
While every effort will be made to ensure that the descriptions, photographs or graphical representations of the Flibustier Paris products displayed on the website or in a catalogue are as accurate as possible, Flibustier Paris does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise. Accordingly, the Customer’s sole remedy in the event of any such error is to return the product as set forth in our return policy.
17. FINAL PROVISIONS
Information and complaints. In case of any complaints please contact our Customer Contact Centre at the following address: Flibustier Paris, 04 bis allée circulaire, 93600, Aulnay sous Bois, France. For further information or complaints, you may also contact the Customer Contact Centre on the telephone number and e-mail address indicated on the Website.
Entire Agreement. The Conditions of Sale, including policies incorporated herein (e.g., Privacy Notice) constitute the entire agreement between you and Flibustier Paris regarding your purchase of Flibustier Paris products through the Website, and supersede any prior conditions of sale.
Severability. In the event that any provision of the Conditions of Sale shall be determined to be partially void or unenforceable by any court and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions of the Conditions of Sale shall not be affected.
18. GOVERNING LAW
These Conditions of Sale shall be governed by and construed in accordance with the laws of France, without reference to conflict of law provisions, and with the exclusion of the Convention of International Sale of Goods.
You may bring proceedings against Flibustier Paris either in the courts of France or in the country where you are domiciled. Flibustier Paris may also bring proceedings against you in the courts of the country where you are domiciled.
Without any restriction to bring proceedings before a Court, Flibustier Paris or the Customer will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.
Information related to your order paid with the 3xCB solution to distance are subject to an automated data processing whose responsible is FIA-NET S.A. This automated data processing has the purpose of determining a level of insurance for a transaction and to fight against fraud payment and especially against credit card fraud. FIA-NET S.A. and the merchant from whom you make your purchase are the recipients data related to your order. Non-transmission of data relationship with your order prevents the completion and analysis of your transaction. The occurrence of an unpaid due to the fraudulent use of a credit card or other means of payment will result in the recording of the data of the order associated with the outstanding payment within a payment incident file set by FIA-NET S.A. An irregular declaration or anomaly may also be subject to specific treatment. In accordance with the law Informatique et Libertés of January 6, 1978 you have, at all right of access, rectification and deletion of all of your personal data registered by FIA-NET by writing, by post and in writing justifying your identity, to FIA-NET - IT and Freedoms Service - Treatments n ° 773061 and n ° 1080905 - 3/5 Rue Saint Georges, 75009 PARIS.