General Terms and Conditions of Sale

1. Information required by the law on confidence in the digital economy, purpose of the www.coeur-de-lys.com website and designation of parties This website is published by the company Coeur de Lys, SARL with capital of €2000.00 and whose registered office is located at 34 rue Gioffredo - C/O HERMETYS - 06000 NICE

The publisher can be contacted by telephone at 04 93 62 42 73 or by email: adr@coeur-de-lys.com

This website is hosted by OVH whose registered office is established at 2 rue Kellermann 59100 Roubaix and can be contacted by telephone at the following number: 0820320363.

The publication director of this website is Mrs. Angélique de Rocquigny, who also exercises the function of editorial manager.

This website is freely and freely accessible to all internet users. Its purpose is the online sale of underwear and fashion accessories of all kinds to private customers (B to C). It also offers a referral system, the possibility of accumulating points convertible into vouchers or purchase vouchers when ordering certain products duly identified on the site, or taking advantage of discount codes, particularly via newsletters and social networks. Subscribing to a contract governed by these general conditions, with the publisher of this website assumes acceptance by the internet user of these general conditions. The internet user acknowledges having read them fully. This acceptance will consist in the internet user checking the box corresponding to the following sentence: "I acknowledge having read and accepted the general terms and conditions of sale and use of the site." The internet user acknowledges the probative value of the automatic recording systems of the publisher of this website. Acceptance of these general conditions assumes on the part of internet users that they have the legal capacity necessary for this, or failing that they have authorization from a guardian or curator if they are incapacitated, from their legal representative if they are minors, or that they are holders of a mandate if they act on behalf of a legal entity.

Acceptance of general terms and conditions of sale does not exempt the publisher from liability towards the buyer and their prior obligation to provide information in case of non-conformity compared to the visual presentation of goods present on this site (see also article L.121-1 of the consumer code).

2. Order subscription procedures and description of the purchase process
In order to comply with the provisions of the law on confidence in the digital economy of June 21, 2004, the ordering process will be described below: To place an order, internet users can select one or more items and add them to their cart. When their order is complete, they will be able to access their cart by clicking on the button provided for this purpose.

By consulting their cart, members will have the ability to check the number as well as the nature of the items they have chosen and will be able to check their unit price as well as the overall price of the order. They will have the possibility to remove one or more items from their cart.

If their order suits them and they wish to validate it, internet users can click on the validate button, they will then access a form in which they can either enter their connection identifiers if they already have them, or register on the site by completing the form presented to them, with personal information concerning them.

Once they are connected or after they have perfectly completed the form, customers will be invited to check or modify their delivery and billing coordinates then will be invited to make their payment by being redirected for this purpose to the secure payment interface. NB The security of the transaction is guaranteed by an encrypted payment system with protection codes and executed by an SSL (Secure Sockets Layer) system.

Once payment is actually received by the site publisher, the latter undertakes to acknowledge receipt to the customer by electronic means, within a maximum period of 24 hours. The prices indicated on the site are understood in Euros, all taxes included (for EU countries) and excluding delivery costs. United States, Canada, Switzerland, Japan, prices are displayed excluding tax (according to the legislation in force in the delivery zone, customs fees, duties and taxes may be claimed by these to the recipient of the package).

The items you order on the coeur-de-lys.com website are subject to French VAT (20% as of 01/01/2014). These prices can be modified at any time by the publisher, the displayed prices are only valid on the day of the order and do not have effect for the future.

Delivery costs will, in any event, be indicated to the customer before any payment. The products and items sold remain the property of the seller until complete payment of their price, in accordance with this retention of title clause.

Product availability is indicated on the site, in the descriptive sheet of each item.

3. Payment information
Internet users can place orders on this website and can make payment by credit card, bank transfer, Paypal and by French check (in this case the check must be sent to COEUR DE LYS - 34 rue Gioffredo - C/O HERMETYS - 06000 NICE - FRANCE). Credit card payments are made through secure transactions provided by the service provider: mercanet (BNP). In the context of credit card payments, the publisher of this website has no access to any data relating to the user's means of payment. Payment is made directly to the banking establishment.

Systematic authorization cards such as Electron or Maestro, e-cards, Indigo and American Express cards are not accepted.

In all cases of non-payment, the remaining installments are canceled and the amount requested for recovery is equal to the total remaining sum owed by the Customer plus the costs incurred for the recovery of the debt(s). Coeur de Lys reserves the right to file a complaint with the judicial authorities and FIANET.

In case of payment by check or bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, who can provide proof by any means. The check must imperatively reach us within 4 working days of the order date. Beyond this deadline, the order will be automatically canceled. Processing and delivery of the order can only begin upon receipt of the check when the amount is actually credited to our bank account

Bank transfer: Your order will be prepared only after receipt of the bank transfer. Sending the package can only be done when the amount is actually credited to our bank account (max 4 days). To prevent ordered items from being purchased by other customers in the meantime with a risk of stock shortage, we undertake to reserve your items until receipt of proof of the bank transfer. To do this, simply transmit by email a copy of the transfer order within 2 days following the order date. In this case, we will wait for the amount to be credited (maximum 4 working days) and we will proceed with sending the package according to the chosen methods.

If these deadlines are not respected, the order will be automatically canceled and product availability can no longer be guaranteed. NB If a customer chooses payment by transfer or check and after the established deadline does not make payment, Coeur de Lys reserves the right to refuse and/or cancel all orders with payment by check or transfer that this customer could make subsequently.

In case of payment delay (for example one of the installments of the 3-time payment) or/and non-payment of an order, all accumulated points and purchase vouchers will be canceled immediately and permanently and no recourse will be possible.

Coeur de Lys reserves the right to permanently close the corresponding customer accounts. In this case, the concerned customer cannot claim the unblocking of their account, nor the reimbursement of accumulated points, even those accumulated with previous orders.

Order Analysis System (Fraud Detection) CERTISSIM and 3D Secure:

Information relating to your order is subject to automated data processing "CERTISSIM" whose controller is FIA-NET S.A. This automated data processing is intended to define an analysis level of a transaction and to fight against credit card fraud.

FIA-NET S.A. and the merchant from whom you make your purchase are the recipients of data relating to your order. Non-transmission of data relating to your order prevents the completion and analysis of your transaction.

The occurrence of a non-payment due to fraudulent use of a credit card will result in the registration of coordinates relating to your order associated with this non-payment within a payment incident file implemented by FIA-NET S.A. An irregular declaration or anomaly may also be subject to specific processing.

In addition, Coeur de Lys secures your credit card purchases with the 3D-Secure device. You benefit from enhanced protection that protects you against fraudulent use of your card.

In accordance with the Computer and Freedoms law of January 6, 1978, you have, at any time, a right of access, rectification, and opposition to all your personal data by writing, by mail and justifying your identity, to FIA-NET - Computer and Freedoms Service - Processing n°773061 and n°1080905 - 39, rue Saint-Lazare, 75009 PARIS. Thank you for your understanding.

NB Coeur de Lys reserves the right to refuse and/or cancel orders if the buyer does not meet the security and reliability criteria imposed by FIANET

4. Delivery or provision
Orders are delivered within the European Union and outside the European Union by LA POSTE COLISSIMO, UPS or other international courier within a maximum period of 30 working days (legal deadline) from the perfect collection of the corresponding price by the seller. However, Coeur de Lys undertakes to package and hand over to the carrier your order within 24/48h** after receipt of your payment. Your order will reach you 48/72h** after the shipping day (J) in metropolitan France (Your package is delivered within an indicative time between J+3 and J+15 internationally - DOM TOM J+10 to J+30 working days.) .

The standard shipping method in Metropolitan France is "Colissimo tracked 48h without signature (delivery to mailbox)"

The customer can choose delivery against signature when validating their order (recommended option).
NB Regardless of the place or destination country, the delivery confirmation from La Poste excludes any disputes vis-à-vis Coeur de Lys. The customer can open a complaint with their Post Office.

Delivery in Metropolitan France (excluding Corsica) with Chronopost-Chrono13 - except Saturday and public holidays - Home delivery the next day before 1 PM, for any order validated before 1 PM (Friday orders delivered on Monday)

** working days

In case of delivery to a pickup point (shop or post office), if the recipient does not collect their package before the availability deadline, the package is returned to the sender (Coeur de Lys). In this case, round-trip costs will be charged to the customer even if the order benefited from free shipping.

Unless explicitly requested by the Customer, Coeur de Lys reserves the right to group orders from the same Customer or household in the same package. Any shipping costs paid for one or more orders cannot under any circumstances be refunded.

Any delivery delay may result in cancellation of the sale at the consumer's initiative, upon simple written request. If you are not delivered within 7 days following the announced deadline, you can therefore obtain cancellation of the sale. To do this, send us a registered letter with acknowledgment of receipt. The consumer will then be refunded the sums engaged by them during the order. This clause is not intended to apply if the delivery delay is due to force majeure, independent of the publisher's will.

In such a case, the customer undertakes not to pursue the site and its publisher and waives claiming the sale cancellation provided for in this article.

5. Provisions relating to consumer rights
The customer service of this website is accessible Monday - Friday 10:00 AM – 1:30 PM / 2:30 PM - 5:00 PM at the following non-premium telephone number: 004 93 62 42 73, by email at the following address or by postal mail at the following address: Coeur de Lys - 34 rue Gioffredo - C/O HERMETYS - 06000 NICE. In these last two cases, the publisher undertakes to provide a response within three working days.

"SATISFIED OR REFUNDED" GUARANTEE
On Coeur de Lys, consumers have a period of 14 days* from the date of receipt of the package to request an exchange (in this case, we will refund you upon receipt of the return and you can place a new order) or refund. To exercise this right, they must return (at their expense) the item in its original packaging to the company's registered office address: Coeur de Lys - 34 rue Gioffredo - C/O HERMETYS - 06000 NICE - FRANCE accompanied by a letter requesting refund and the Withdrawal form to download. The refund (excluding shipping costs) will take place as soon as possible and at the latest within thirty days following the withdrawal date and in accordance with article L.121-20-1 of the consumer code. NB Items returned incomplete, damaged or deteriorated (product, or its original packaging and brand labels) cannot be taken back or exchanged. Reminder: To assert your right of withdrawal, you must return the complete order (or the desired item) in its packaging with the notices, inside a solid and suitable cardboard box for shipping. To avoid any problems, we advise you to send your package with a tracking system (Colissimo type). Warning, no trace of use must appear on the product you return and digital media (DVD, CD...) must not be unsealed.

*DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of October 25, 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

For information: Article L. 121-20 states: "The consumer has a period of 14 clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, except, where applicable, return costs."

Withdrawal form to download


6. Warranty of products purchased on this website

At the time of delivery (Apparent defects).
According to article 1642 of the Civil Code, "The seller is not liable for apparent defects that the buyer could have convinced themselves of.".

You must note order defects upon receipt by opening the package in front of the carrier. In case of incident, simply refuse delivery by specifying a precise and concise comment. For example: "Package refused because item broken during transport", "re-taped package", "open package", "wet package", "pierced package", "damaged package", "crushed cardboard", "cardboard with a blow". If doubt persists, note "refusal for breakage"

IMPORTANT TO READ CAREFULLY: Your order arrives damaged, broken, with defect(s), missing items...

In case of anomaly, the Abusive Clauses Commission recommends writing all possible reservations on the delivery slip, in the presence of the carrier, or even refusing the package if you deem it non-compliant. You have a period of 3 days to inform our CUSTOMER SERVICE of the damage suffered and inform the Colissimo carrier (article L. 133-3 of the commercial code) in case of damage suffered by the package and your items, at number 3631 (or by registered letter AR);

REMINDER immediately contact our Customer Service by email or at (+33)04 93 62 42 73 (10:00 AM - 5:30 PM Mon.- Fri.).

NB ALWAYS RESPECT THE MAXIMUM DEADLINE OF 3 DAYS TO INFORM US, NO COMPLAINT WILL BE ACCEPTED BEYOND THIS DEADLINE

For information, any paint imperfections due to the "hand-painted" nature of items are not covered by the warranty

In both cases:
1) Take photos of the damaged packaging (clearly showing the shipping label with your coordinates) and the contents clearly showing the observed damage and send them to our Customer Service.
2) Respect the 3-day deadline following receipt of the package. Respecting these deadlines allows us to turn against the carrier and could favor your legal conformity warranty action
WARNING the mention "subject to unpacking" has no value. You should also avoid mentions like "Package damaged in intact packaging" often proposed by drivers who use them to avoid a refund.
In case of doubt, do not hesitate to call us at (+33)04 93 62 42 73 (10:00 AM - 5:30 PM Mon. - Fri.).

(When the consumer personally takes delivery of transported objects and when the carrier does not justify having left them the possibility to effectively verify their good condition, the deadline mentioned in article L. 133-3 of the commercial code is extended to 10 days)

In case of defectiveness of a product purchased on this website, customers have, in accordance with the provisions of the civil code regarding legal warranty of hidden defects, a brief period (3 days) to request exchange or refund of the product (after expert assessment by our Quality Service - verification of the defect and, to avoid abuse, identification codes of the item) and according to the conditions indicated below in paragraph 6.a, in application of article L211-5 of the consumer code, in the event that the delivered good is not compliant, in the sense given to this word by the aforementioned article.

To exercise one of these rights, they must return the package, according to the following procedure:

1) Contact our Customer Service by email or by telephone at 04 93 62 42 73 (10:00 AM - 5:30 PM Mon. - Fri.) and inform them about the nature of the observed defect. They will indicate the instructions to follow and, depending on the case, will send you a return shipping label for the item return.
2) Upon receipt of the postal label, stick it on the package that will contain the defective item in its original packaging, our company's address will already be indicated on the label (Coeur de Lys - 34 rue Gioffredo - C/O HERMETYS - 06000 NICE), accompanied by an explanatory letter of the defect as well as a copy of the invoice or delivery note.
3) Drop the package at the nearest Post Office and keep the right part that the Post Office will have stamped/dated.

However, if the warranty is not applicable (e.g. abnormal product usage conditions) the product return costs are also at the customer's expense.

Any defects (tears, folds, etc...) present in the original box or case from the manufacturer that contain the item, do not constitute a hidden defect or defect of the delivered item and therefore cannot give rise to a refund or exchange under product warranty.

NB ALWAYS RESPECT THE MAXIMUM DEADLINE OF 3 DAYS TO INFORM US, NO COMPLAINT WILL BE ACCEPTED BEYOND THIS DEADLINE

Good conformity.
Objects acquired on this website benefit, in addition to the warranty of hidden defects defined by the civil code as well as the good conformity warranty* imposed by article L211-1 to L212-14 of the consumer code which are, where applicable, always applicable and which is defined above, from a conventional warranty offered by the seller, whose duration will be likely to vary according to the product, and will be detailed on each item's sheet.
*The legal conformity warranty applies provided that the product has a conformity defect. The conformity defect that appears within 6 months following the sale is presumed to exist from delivery of the good and therefore be the seller's responsibility.
The conformity defect that appears beyond 6 months after purchase and before 2 years is not presumed to exist from delivery of the good, this must be proven by the buyer for the seller to be responsible (by expert assessment, for example).

The majority of figurines sold on this site are hand-painted items and/or made with techniques that enhance the somewhat "raw" and wooden side. These production techniques cause "imperfections" to appear on all ranges for sale. It may be that certain series of the same item present more or less this type of imperfection and each item may present differences with others in painting, black spots (e.g. typical of the Traditions collection), in molding details (e.g. small holes), finishes etc... . These imperfections are not considered as warranty defects imposed by article L211-1 to L212-14 of the consumer code.

6.a Important:

Depending on the case, we may be required to refund the product instead of replacing it*

*Court of Justice of the European Union: Costs cannot be disproportionate.

When only one resolution mode (repair or exchange) is possible and this mode involves disproportionate costs, the seller can limit their intervention in these costs. These costs must be proportional to the value of the good to be replaced. This limitation cannot, however, constitute a major inconvenience for the consumer that would lead them to waive their right to warranty. If the seller limits their participation in the case of costs deemed disproportionate, the consumer must have the choice between taking charge of part of these costs and canceling their contract (or a reduction in the purchase price).

*For deliveries in METROPOLITAN FRANCE and BELGIUM free exchange under warranty (whatever the reason, defect, breakage...) is possible for each item of value > €70 (net purchase price including tax all discounts deducted), otherwise (item of value less than €70), only refund of its net value will be made (after return of the defective item).

For other EEC countries, free exchange is possible for each item of value > €100 (net purchase price including tax all discounts deducted).

If you used a purchase voucher obtained with point conversion, it will be reassigned to you during refund. If you used another purchase voucher (for example obtained during a one-time promotion) it will be lost if its validity has expired.

If the return includes several items, only warranty items whose value is above the indicated threshold will be replaced (after observation of the defect by our quality managers).

If a returned item (with purchase value >€70) is not/no longer available at the time of its receipt in our warehouses and observation of the defect by our quality managers, only refund of its net value will be possible.


We cannot guarantee the same purchase price you benefited from during your first order if you decide to repurchase the returned and refunded item

NB The colors of item images on this site may vary from one screen to another depending on the display setting used by the internet user. These variations do not constitute a hidden defect or defect of the delivered item and therefore cannot give rise to a refund or exchange under product warranty.

Many items offered on this site are hand-painted. Some irregularities are the guarantee of an authentic product. These irregularities and imperfections do not constitute a hidden defect or defect of the delivered item and therefore cannot give rise to a refund or exchange under product warranty.

The refund period provided by consumer law (Hamon law) is 14 days. Coeur de Lys strives to process returns within 2 to 5 working days from receipt of the package.

7. Personal space
Creating a personal space is an essential prerequisite for any internet user order on this website. To this end, the member will be invited to provide a certain amount of personal information. The member undertakes to provide accurate information under penalty of contract termination at the publisher's initiative and customer account deletion. Certain information will be deemed essential for contract conclusion and their collection will be essential for personal space creation and contract conclusion validation. Refusal by a member to provide said information will prevent personal space creation as well as, incidentally, order validation.

This space allows the customer or member to consult all their orders placed on the site.

If data contained in the personal space section were to disappear following a fortuitous event, technical failure or force majeure, the publisher's liability of this website could not be engaged, this information having no probative value but only an informational character. The publisher undertakes however to securely preserve all contractual elements whose preservation is required by law or current regulations.

Pages relating to personal spaces can be freely printed by the account holder in question but do not constitute proof in any way, they only have an informational character intended to ensure efficient order management by the customer.

When creating the personal space, the user is invited to choose a password. This password constitutes the guarantee of confidentiality of information contained in their "my account" section and the user therefore prohibits themselves from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.

The publisher reserves the exclusive right to delete the account of any member who would have contravened these general conditions (notably but without this example having any exhaustive character, when the member will have knowingly provided erroneous information, during their registration and constitution of their personal space) or any account inactive for at least one year. Said deletion will not be likely to constitute damage for the excluded member who cannot claim any compensation for this fact.

This exclusion is not exclusive of the possibility, for the publisher, to undertake judicial proceedings against the member, when the facts will have justified it.

8. Publisher newsletter
By checking the box provided for this purpose or by expressly giving their agreement for this purpose, members accept that the publisher can send them, at a frequency and in a form that they will determine, a newsletter (information letter) that may include information relating to their activity. When the user checks the box provided for this purpose, they accept to receive commercial offers from the publisher of this site for products and services similar to those ordered.

Subscribed members will have the ability to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter (information letter).

9. Mentions relating to the Computer and Freedoms law of January 6, 1978
Internet users have the free ability to provide personal information concerning them. Providing personal information is not essential for website navigation. On the other hand, registration on this website supposes collection, by the publisher, of a certain amount of personal information concerning internet users. Internet users not wishing to provide information necessary for using services offered by this website as well as, where applicable, necessary for personal space creation, will neither be able to use services proposed by the publisher of this website, nor place orders on this website. In the context of an order on this website, information relating to collection of payment-related data, notably the credit card number and its use for commercial identification purposes is subject to obtaining consent from the person concerned, through different forms present on the site.

Collected data is necessary for proper administration of services proposed on this website as well as respect of contractual obligations by the publisher. This data is kept by the publisher in this unique capacity, and the publisher undertakes not to use it in another context, nor to transmit it to third parties, except express agreement from users or cases provided by law.

Coordinates of all users registered on this website are saved for a duration of one year, reasonable duration necessary for proper site administration and normal data use. This data is kept in secure conditions, according to current technical means, in compliance with provisions of the Computer and Freedoms Law of January 6, 1978.

In accordance with the latter, they have a right of opposition, interrogation, access and rectification of data they have provided. To do this, they simply need to make the request to the publisher of this website, by formulating it at the following electronic address: cnil[at]coeur-de-lys.com, or by postal mail to the publisher's registered office address mentioned at the head of these general conditions.

Collected personal data is subject to computer processing and is exclusively reserved for the site publisher. The processing controller is Mrs. Angélique de Rocquigny, whose coordinates are indicated at the head of these general conditions. Collected personal data is not subject to any transfer abroad.

Furthermore, the publisher reserves the right to collect public IP (Internet Protocol) addresses of all internet users. Collection of this IP address will be performed anonymously, it will be kept for the same duration as personal information and will only be intended to allow proper administration of services proposed on this website. The IP address corresponds to a series of numbers separated by dots allowing unique identification of a computer on the Internet network.

The publisher must communicate all personal data relating to an internet user to the Police (upon judicial requisition) or to any person (upon judge's order. Your computer's IP address may be matched with the effective identity of the subscriber held by the ISP (internet service providers).


10. Mentions relating to collection of "cookies" as well as internet users' IP addresses
In order to allow all internet users optimal navigation on this website as well as better functioning of different interfaces and applications, the publisher may proceed with cookie implantation on the user's computer. This cookie allows storing information relating to navigation on the site (date, page, hours), as well as possible data entered by internet users during their visit (searches, login, email, password). These cookies are intended to be kept on the internet user's computer for a variable duration up to 24 hours.

The user has the possibility to block, modify the retention duration, or delete this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In such a case, navigation on this website will not be optimized. If systematic deactivation of cookies on the internet user's browser prevents them from using certain services or functionalities provided by the publisher, this malfunction cannot under any circumstances constitute damage for the member who cannot claim any compensation for this fact.

Internet users also have the possibility to delete cookies previously present on their computer, by going to their browser's menu provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action has no impact on their navigation on this website, but makes users lose all benefit brought by the cookie. In this case, they will have to enter again all information concerning them.

11. BASIC INFORMATION ON PROTECTION OF YOUR PERSONAL DATA ACCORDING TO THE NEW EUROPEAN REGULATION

Controller: Coeur de Lys - 34 rue Gioffredo - C/O HERMETYS - 06000 NICE (France)

We ensure confidentiality and respect of your personal data in order to offer you a positive and confident experience of our services.

So that you can navigate our Coeur de Lys site in its web and mobile version with complete confidence and security, we protect your privacy by ensuring protection, confidentiality, non-alteration, availability and security of Data that you entrust to us during your registration on our site.

You can at any time access and modify your data that we process directly via your customer account

We implement appropriate technical and organizational measures to ensure that processing is compliant with applicable law regarding Data protection and we commit to respecting the European general regulation and French law on personal