General conditions of sale of the site www.francine-bramli.com (hereinafter the “Site”)
CREOLES is the holder of the Francine Bramli Paris brand.
Article 1: Scope
These general conditions of sale (GTC) apply exclusively to all sales of products concluded between the company CREOLES (simplified joint-stock company SIRET: 450 920 202 00063, hereinafter "Francine Bramli") and consumers not - professionals via the Site, hereinafter the “Client(s)”.
These T&Cs do not apply to professionals purchasing as part of their professional activities, wholesalers and distributors.
“Products” means all the products marketed via the Site.
"Address Francine Bramli" means the postal address of the CREOLES company, namely 159 rue du temple, 75003 Paris France
You can find all the information about the CREOLES company here .
The Site delivers to all countries in the world.
The fact of placing an order implies the Customer's full and unreserved acceptance of these GCS, to the exclusion of all other documents such as catalogs, prospectuses, etc. issued by Francine Bramli and which have only an indicative value. Any contrary condition opposed by the Customer will therefore, in the absence of express acceptance by Francine Bramli, be unenforceable against Francine Bramli, regardless of when it may have been brought to her attention. The Customer can simply, freely and at any time consult these T&Cs by clicking on the "General Terms and Conditions" link at the bottom of each page of the Site. Francine Bramli reserves the right to modify these T&Cs at any time.
Article 2: Order taking
2.1 The Customer places his order according to the process in force on the Site, namely:
-Step 1: Choice of model, choice of attachment, choice of the desired quantity.
- Step 2: In the "basket" section, you can choose to change quantities, cancel Products, continue shopping, add a promotional code, choose the terms of receipt of the Product, namely delivery or Mondial Relay and confirm your wish to order to arrive on the page allowing you to enter your details.
- Step 3: After indicating your delivery address, you will be able to save your details for a future order. The Customer is required to provide fair and truthful information.
- Step 4: Choice of delivery method: the delivery time and price are indicated next to each of the possible delivery methods.
Nevertheless, the deadlines are indicative and Francine Bramli is not responsible for any delays in the context of a delivery made by a service provider. For more details, see section 7.
If you do not have a mailbox and you are rarely at home, if your mail is stolen regularly or if your package must arrive on a fixed date, avoid choosing La Poste and contact us at francinebramli@gmail .com to choose the best option.
An e-mail will be sent to you no later than the working day following your order, to inform you that your order is ready. You will then have 14 (fourteen) days to pick up your order. Beyond this period, your order will be canceled and refunded.
-Step 5: Choice of payment method: Apple Pay, PayPal or Bank Card. You must choose your billing address (which may be the same as the delivery address).
You must imperatively read the "general conditions of sale" then approve them (check box) to proceed to payment.
- Your order is only effective once payment has been made. Before that it is possible to modify or cancel your order. After that, please contact us if you have any questions: Francinebramli@gmail.com or by phone at 01 42 71 81 48.
Article 3: Order Confirmation
3.1. Following the finalization of your order, you will receive an e-mail confirming the order.
3.2. Francine Bramli reserves the right not to confirm an order for any reason whatsoever, in particular due to either a problem with the supply of Products, or a problem concerning the order received. In any case, the Customer will be informed as soon as possible by Francine Bramli who will propose a replacement or a refund.
The Products are offered for sale while stocks last.
Article 4: Price - Invoice
The prices are expressed in Euro including VAT. The price guaranteed to the Customer is the one displayed on the Site when the Product is placed in the basket. This price is firm, final and non-negotiable, it includes preparation costs but not delivery costs. The prices take into account the VAT applicable on the day of the order. They are therefore indicated including VAT.
Any change in the applicable VAT rate may be passed on to the selling price of the Products in the catalogue.
For delivery outside the European Union, the Customer must pay the customs duties, VAT or other taxes due when the Products are imported into the country of the place of delivery. The related formalities are also the sole responsibility of the Client, unless otherwise indicated. The Customer is solely responsible for checking the possibilities of importing the Products ordered with regard to the law of the territory of the country of delivery.
The total shown at the end of the order summary includes delivery costs and VAT.
An invoice will be inserted in the package.
Article 5: Payment
The means of payment accepted are indicated on the website at the bottom of the page (logos).
The Customer undertakes to pay the total price stipulated on the summary of the order as well as to pay or have paid, if necessary, and this directly to the forwarding agent or the carrier, the customs duties VAT or other taxes due on the occasion of the importation of the Products into the country of the place of delivery.
The Customer pays for his order in full (no partial payment is accepted) by Apple Pay, PayPal or by credit card as offered on the Site.
Before proceeding to payment, the Customer indicates that he accepts without reservation these GCS as they exist on the day of his order and of which he will have read beforehand.
The payment of the order constitutes an irrevocable commitment of the Customer which can only be called into question in the cases limitedly provided for in these GCS in the articles "Right of withdrawal" and "Guarantees".
Article 6: Payment Security
For the security of your payments, Francine Bramli uses Stripe, an online platform allowing Francine Bramli to accept payments. This platform complies with the strictest certification standards in order to guarantee the security of payments made on the site (PCI DSS level 1 certification; SSAE18/SOC 1 type 1 and 2 and SSAE18/SOC 2 type 1 and 2 reports; in compliance with the European directive DSP2 and with strong customer authentication).
Article 7: Delivery
7.1 The Products are delivered to the address indicated by the Customer on the form entitled "Information".
7.2 The order will be executed within an average of 5 working days following the date of payment, subject to the availability of the Product ordered and unless there is a specific agreement between the two parties.
The Customer expressly acknowledges that the delivery period may be extended by 5 days for deliveries made outside mainland France and by 10 days for deliveries made outside the EU.
Delivery times are given as an indication and cannot engage the responsibility of Francine Bramli. In the event of a stock shortage or unavailability of the Product ordered, Francine Bramli undertakes to inform the Customer thereof as soon as possible and to specify an availability period or a refund, excluding any damages.
A delay in delivery cannot give rise to any deduction, penalty, compensation or compensation.
7.3 If 30 (thirty) days after the order, the Product has not been delivered, for any reason other than a case of force majeure, the product may be replaced or the sale may be canceled at the request of either or the other party by letter RAR, excluding any damages. The following are considered as cases of force majeure releasing Francine Bramli from her obligation to deliver: war, riot, fire, strikes, epidemics, accidents, regulations or requirements of public authorities, or any other unavoidable, unpredictable event beyond Francine Bramli's control. Francine Bramli will keep the Client informed, in a timely manner, of the cases and events listed above.
Francine Bramli will reimburse the Customer for all sums paid, at the latest within 14 (fourteen) days following the date on which the contract was terminated.
7.4 Upon delivery, the Customer must check the content, conformity and condition of the Product(s). In the event of a problem, the Customer must comply with the complaints procedure referred to in Articles 9 and 10 below.
Article 8: Personal data
As data controller, CREOLES processes some of your personal data by computer. The CREOLES company undertakes to comply with the “Informatique et Libertés” law (law of January 6, 1978 as amended).
Article 9: Right of withdrawal (delivery or Clic&Collect)
The Customer has a period of 14 (fourteen) calendar days from receipt of his order to notify Francine Bramli that he wishes to exercise his right of withdrawal. He is informed that the return of the Product(s) will take place, at his expense, for exchange or reimbursement, in accordance with article L 212-21-3 of the Consumer Code. If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
In the event of the purchase of several Products, in a single order and delivered separately, the withdrawal period begins on the day on which the Customer takes physical possession of the last Product.
The notification of the exercise of the right of return can be done: by e-mail to the address francinebramli@gmail or by letter RAR. The Customer may in particular use the following text:
To the attention of Francine Bramli – 159 rue du temple, 75003 Paris
I …… hereby notify you of my withdrawal from the contract relating to the sale of the property ……….
Ordered on …….. / received on ………. :
If you know the order number: ……….
Name of consumer:……..
Bank details for reimbursement:………
Signature of the consumer (only in case of notification of this form on paper):
Francine Bramli will acknowledge receipt of the Client's request.
After notifying Francine Bramli of its desire to benefit from the right of withdrawal, the Customer has 14 (fourteen) days to return the Product (including the cover) by post in its original condition and packaging to the Address of Francine Bramli.
The Product must not have been used/worn, nor have suffered any damage, however slight, and be in a perfect state of cleanliness. This right of withdrawal is exercised without penalty, with the exception of return costs which remain the responsibility of the Customer.
Within a maximum period of 14 (fourteen) days from receipt of the Product at Francine Bramli's Address, the Customer will be reimbursed for the sums paid.
Article 10: Warranties
For jewelry made of natural materials, the stone and its colors may differ from one model to another.
10.1 Francine Bramli gives no warranty for apparent defects, detectable after normal examination of the Product, which may affect the said Product delivered which would not have been reported by the Customer under the conditions stipulated below.
The Customer's liability remains engaged with regard to the depreciation of the Products which would result from manipulations of the Products other than those necessary for the use of the Products.
10.2 Legal guarantee of conformity:
The legal guarantee of conformity covers defects in the conformity of the Product and the packaging in the following situations:
- Property unsuitable for the use usually expected of a similar property,
- Property that does not correspond to the description given by the seller,
- Property that does not have the qualities announced by the seller or agreed with the Customer.
To benefit from the legal guarantee of conformity, the defect of the Product must exist on the day of acquisition. The Customer is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the Product. If the defect appears more than 24 months after purchase, the Customer cannot benefit from the conformity guarantee unless he can prove that the defect existed on the day of purchase.
Francine Bramli will request a return of the Product in order to carry out an expertise of the Product.
In the event of a lack of conformity, the Customer chooses between the repair and the replacement of the Product.
However, Francine Bramli may not proceed according to the Customer's choice 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 this is impossible, according to the other modality.
If the repair and replacement of the Product is impossible, the Customer may return the Product and have the price refunded, or keep the Product and have part of the price refunded. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
The Customer has a period of 2 (two) years to return the Product to Francine Bramli by attaching to its shipment (i) a letter explaining the problem indicating the date of discovery of the non-conformity, (ii) the delivery and (iii) the invoice.
10.3 In accordance with article 1641 of the Civil Code, Francine Bramli is also bound by the legal guarantee against hidden defects.
To invoke the guarantee against hidden defects, the defect of the Product must meet the following 3 conditions:
- Be hidden, that is to say not visible during the purchase,
- Render the property unsuitable for the use for which it is intended, or greatly reduce its use,
- Exist at the time of purchase.
It is up to the Customer to prove the existence of a hidden defect.
The Customer has a period of 2 (two) years to return the Product to Francine Bramli by attaching to its shipment (i) a letter explaining the problem indicating the date of discovery of the hidden defect, (ii) proof of existence of the hidden defect (iii) the delivery note and (iv) the invoice.
Francine Bramli will carry out an expertise of the Product upon receipt.
If Francine Bramli considers that the guarantee against hidden defects can be implemented, she will reimburse the price of the Product appearing on the purchase invoice, within a period allowing her to carry out a prior appraisal of the Product.
Article 11: Formation of the contract and proof
The “validation click” on “pay now” constitutes proof of the formation of the sales contract. This electronic validation between the parties has the same value as a handwritten signature. The click in the box announcing the acceptance of the general conditions of sale also carries the proof of the unconditional acceptance of these GCS.
These present only existing in French, you declare to understand French and all the provisions of these GCS.
It is recommended that you print a copy and keep it.
The computerized registers, kept in Francine Bramli's computer systems under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties.
Archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Section 12: Photographs
The essential characteristics of the Francine Bramli Products are described alongside one or more photographs which may, despite all the precautions of the Francine Bramli company, contain minimal differences with the item offered for sale which may come from the shooting distance, the processing of photographs and the mode of transmission and display of data on the screen. Francine Bramli cannot be held responsible for this.
Article 13: Intellectual property
Francine Bramli is the holder of the intellectual property rights on the Site and the right to distribute the elements appearing in the Site catalog – and in particular the photographs, for which Francine Bramli has obtained the necessary authorizations from the persons concerned, or of which Francine Bramli is the 'author. Consequently, any total or partial reproduction of the Site is strictly prohibited, as well as all the elements contained on the Site.
Any reproduction or use of the elements of the Site would constitute a violation of the regulations on intellectual and industrial property.
The Products themselves, as original creations, are also protected by national and international copyright laws.
Francine Bramli reserves the right to take legal action against any person who infringes her rights and these general conditions.
Section 14: Security
Francine Bramli undertakes to ensure the operation of the Site in order to allow optimal use under the conditions defined in these general conditions.
Francine Bramli undertakes to implement state-of-the-art technical and organizational measures to protect your data.
The service may occasionally be suspended due to maintenance operations necessary for the proper functioning of the Site.
Francine Bramli would not be held responsible in the event of malfunction of the Site due to maintenance, technical problems, the impossibility of accessing the Site and breakdowns of the hosting server or access providers.
Article 15: Final provisions
These general conditions of sale express the entirety of the obligations of the parties. No other general or specific condition communicated by the Customer may be integrated into or derogate from these general conditions.
The fact that Francine Bramli does not avail herself at a given time of any of the provisions of these GCS cannot be interpreted as a waiver of her right to avail herself of any of the said conditions at a later date.
The Site contains hypertext links from partners. In the event that the user consults the partner sites, Francine Bramli declines all responsibility for the access, content and use of the sites, and for any damage that may result therefrom.
Article 16: Conflicts
We are convinced that our customer service, which can be reached on: 01 42 71 81 48, will be able to help you in the event of a problem.
Nevertheless, and in accordance with article L.133-4 of the Consumer Code, the Customer is informed of the possibility of having recourse free of charge, in the event of a dispute, to a conventional mediation procedure.
Link to the European Dispute Resolution Platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The Client is invited to contact Francine Bramli to inform her of her request for mediation, so that she can be provided with the contact details of the mediation body and the precise conditions for such recourse to this mediation procedure.
General conditions of sale updated on January 20, 2021