General conditions of sale of the site www.francine-bramli.com (hereinafter the “Site”)
The company CREOLES is the owner of the Francine Bramli Paris trademark.
Article 1: Scope of application
These general terms and 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 Paris”) and non-professional consumers via the Site, hereinafter the “Customer(s)”.
These General Terms and Conditions do not apply to professionals purchasing as part of their professional activities, wholesalers and distributors.
By “Products” we mean all products marketed via the Site.
By "Address Francine Bramli Paris" we mean the postal address of the company CREOLES, 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 around the world.
Placing an order implies the Customer's full and unreserved acceptance of these General Terms and Conditions, to the exclusion of all other documents such as catalogs, prospectuses, etc. issued by Francine Bramli Paris, which are for informational purposes only. Any contrary condition set forth by the Customer will therefore, in the absence of express acceptance by Francine Bramli Paris, be unenforceable against Francine Bramli Paris, regardless of when it may have been brought to its attention. The Customer may simply, freely and at any time consult these General Terms and Conditions by clicking on the "General Terms and Conditions of Sale" link at the bottom of each page of the Site. Francine Bramli Paris reserves the right to modify these General Terms and Conditions 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 desired quantity.
- Step 2: In the “basket” section, you can choose to change quantities, cancel Products, continue your purchases, add a promotional code, choose the method of receiving the Product, namely Colissimo or Chronopost delivery, and confirm your wish to order to arrive at the page allowing you to enter your contact details.
- Step 3: After entering your delivery address, you will have the option to save your details for future orders. The Customer is required to provide accurate and truthful information.
- Step 4: Choice of delivery method: the delivery time and price are indicated next to each possible delivery method.
However, delivery times are indicative and Francine Bramli Paris is not responsible for any delays in the delivery process carried out by a service provider. For further details, please refer to Article 7.
If you don't have a mailbox and are rarely at home, if your mail is regularly stolen, or if your package must arrive on a specific date, avoid choosing La Poste and contact us at francine@francinebramliparis.com to choose the best option.
An email will be sent to you no later than one business day following your order to inform you that your order is ready. You will then have 14 (fourteen) days to collect your order. After this period, your order will be canceled and refunded.
-Step 5: Choose your payment method: Apple Pay, PayPal, or Credit Card. You must choose your billing address (which can be the same as your shipping address).
You must read the “general conditions of sale” and then approve them (check box) to proceed to payment.
- Your order is only effective once payment has been made. Before that, you can modify or cancel your order. After that, please contact us if you have any questions: serviceclient@francinebramliparis.com
Article 3: Order Confirmation
3.1. Following the completion of your order, you will receive an email confirming the order.
3.2. Francine Bramli Paris reserves the right not to confirm an order for any reason whatsoever, including a problem with the supply of Products or a problem with the order received. In any event, the Customer will be informed as soon as possible by Francine Bramli Paris, who will offer a replacement or refund.
The Products are offered for sale while stocks last.
Article 4: Price - Invoice
Prices are expressed in Euros, including VAT. The price guaranteed to the Customer is the price displayed on the Site at the time the Product is placed in the shopping cart. This price is firm, definitive, and non-negotiable; it includes preparation costs but not delivery costs. 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 reflected in the sale price of the Products in the catalog.
For delivery outside the European Union, the Customer must pay customs duties, VAT or other taxes due on the importation of the Products into the country of delivery. The related formalities are also the sole responsibility of the Customer, unless otherwise indicated. The Customer is solely responsible for verifying the import possibilities of 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 charges and VAT.
An invoice will be included in the package.
Article 5: Payment
The accepted payment methods are indicated on the website at the bottom of the page (logos).
The Customer undertakes to pay the total price stipulated in the order summary and to pay or have paid, where applicable, directly to the freight forwarder or carrier, the customs duties, VAT or other taxes due on the importation of the Products into the country of the place of delivery.
The Customer pays for their order in full (no partial payments are accepted) by Apple Pay, PayPal, bank card or Klarna as offered on the Site.
Before proceeding with payment, the Customer indicates that he/she unreservedly accepts these General Terms and Conditions as they exist on the day of his/her order and which he/she will have read beforehand.
Payment of the order constitutes an irrevocable commitment by the Customer which may only be challenged in the cases strictly provided for in these General Terms and Conditions in the articles “Right of withdrawal” and “Guarantees”.
Article 6: Payment security
For the security of your payments, Francine Bramli Paris uses Stripe, an online platform that allows Francine Bramli Paris to accept payments. This platform complies with the strictest certification standards 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 DSP2 directive 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 6 working days following the payment date, subject to the availability of the Product ordered and unless specifically agreed between the two parties.
The Customer expressly acknowledges that the delivery time 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 for information purposes only and cannot engage the responsibility of Francine Bramli Paris. In the event of a stock shortage or unavailability of the ordered Product, Francine Bramli Paris undertakes to inform the Customer as soon as possible and to specify a timeframe for availability or a refund, excluding any damages.
A delay in delivery cannot give rise to any deduction, penalty, compensation or damages.
7.3 If 30 (thirty) days after the order, the Product has not been delivered, for any reason other than force majeure, the product may be replaced or the sale may be terminated at the request of either party by registered letter, excluding any damages. The following are considered cases of force majeure releasing Francine Bramli Paris from its obligation to deliver: war, riot, fire, strikes, epidemics, accidents, regulations or requirements of public authorities, or any other unavoidable, unforeseeable event beyond the control of Francine Bramli Paris. Francine Bramli Paris will keep the Customer informed, in a timely manner, of the cases and events listed above.
Francine Bramli Paris will reimburse the Client 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 contents, conformity and condition of the Product(s). In the event of a problem, the Customer must follow the complaints procedure referred to in Articles 9 and 10 below.
Article 8: Personal data
As the data controller, CREOLES processes some of your personal data electronically. CREOLES undertakes to comply with the French Data Protection Act (amended law of 6 January 1978).
For more information on how we process data, and on cookies, please see our Privacy Policy.
Article 9: Right of withdrawal (delivery or Click & Collect)
The Customer has a period of 14 (fourteen) calendar days from receipt of their order to notify Francine Bramli Paris that they wish to exercise their right of withdrawal. They are informed that the return of the Product(s) will take place, at their expense, for exchange or refund, in accordance with Article L 212-21-3 of the Consumer Code. If this period expires on a Saturday, Sunday, or a public holiday, it is extended until the next 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 the Customer physically takes possession of the last Product.
Notification of the exercise of the right of return can be made: by e-mail to the address serviceclient@francinebramliparis.com . The Customer can in particular use the following text:
To the attention of Francine Bramli Paris – Site Customer Service
159 rue du temple, 75003 Paris
I …… hereby notify you of my withdrawal from the contract for the sale of the property ……….
Ordered on …….. / received on ……….:
If you know the order number: ……….
Consumer name:……..
Consumer address:………..
Consumer signature (only if this form is notified on paper):
Date :…………
Francine Bramli Paris will acknowledge receipt of the Client's request.
After notifying Francine Bramli Paris of their wish 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 Paris.
The Product must not have been used/worn, nor have suffered any deterioration, however minimal, and be in a perfectly clean condition. 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 the Address of Francine Bramli Paris, the Customer will be reimbursed for the sums paid.
Article 10: Guarantees
For jewelry made from natural materials, the stone and its colors may differ from one model to another.
10.1 Francine Bramli Paris does not provide any guarantee for apparent defects, detectable after normal examination of the Product, which may affect the said delivered Product which has not been reported by the Customer under the conditions stipulated below.
The Customer remains liable for any depreciation of the Products resulting from handling of the Products other than that necessary for the use of the Products.
10.2 Legal guarantee of conformity:
The legal guarantee of conformity covers defects in conformity of the Product and packaging in the following situations:
- Good unfit for the use usually expected of a similar good,
- Goods that do not match the description given by the seller,
- Goods which do not have the qualities announced by the seller or agreed with the Customer.
To benefit from the legal guarantee of conformity, the defect in the Product must exist on the day of purchase. The Customer is exempt from providing proof of the existence of the defect in conformity of the good during the 24 months following delivery of the Product. If the defect appears more than 24 months after purchase, the Customer cannot benefit from the guarantee of conformity unless he can prove that the defect existed on the day of purchase.
Francine Bramli Paris will request a return of the Product in order to carry out an appraisal of the Product.
In the event of a lack of conformity, the Customer chooses between repair and replacement of the Product.
However, Francine Bramli Paris may not proceed according to the Customer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the extent of the defect. It is then required to proceed, unless impossible, according to the other method.
If repair and replacement of the Product are not possible, the Customer may return the Product and receive a refund, or keep the Product and receive a partial refund. However, the sale cannot be cancelled if the lack of conformity is minor.
The Customer has a period of 2 (two) years to return the Product to Francine Bramli Paris by enclosing with its shipment (i) a letter explaining the problem indicating the date of discovery of the non-conformity, (ii) the delivery slip and (iii) the invoice.
10.3 In accordance with article 1641 of the Civil Code, Francine Bramli Paris is also bound by the legal guarantee against hidden defects.
To apply the hidden defects guarantee, the Product defect must meet the following 3 conditions:
- Be hidden, that is to say not visible when purchasing,
- Make the property unfit for the use for which it is intended, or significantly 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 Paris by enclosing with its shipment (i) a letter explaining the problem indicating the date of discovery of the hidden defect, (ii) proof of the existence of the hidden defect (iii) the delivery slip and (iv) the invoice.
Francine Bramli Paris will carry out an appraisal of the Product upon receipt.
If Francine Bramli Paris considers that the guarantee of hidden defects can be implemented, it will reimburse the price of the Product appearing on the purchase invoice, within a period allowing it 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. Clicking on the box announcing acceptance of the general terms and conditions of sale also constitutes proof of unreserved acceptance of these General Terms and Conditions.
As these terms and conditions only exist in French, you declare that you understand French and all of the provisions of these T&Cs.
It is recommended that you print a copy and keep it.
The computerized records, stored in the Francine Bramli Paris computer systems under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties.
The archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 12: Photos
The essential characteristics of Francine Bramli Paris Products are described alongside one or more photographs which may, despite all precautions taken by Francine Bramli Paris, contain minimal differences with the item offered for sale which may arise from the shooting distance, the processing of the photographs and the method of transmission and display of data on the screen. Francine Bramli Paris cannot be held responsible for this.
Article 13: Intellectual property
Francine Bramli Paris holds the intellectual property rights to the Site and the right to distribute the elements appearing in the Site's catalog – and in particular the photographs, for which Francine Bramli has obtained the necessary authorizations from the persons concerned, or for which Francine Bramli is the author. Consequently, any total or partial reproduction of the Site is strictly prohibited, as are all the elements contained on the Site.
Any reproduction or use of elements of the Site would constitute a violation of intellectual and industrial property regulations.
The Products themselves, as original creations, are also protected by national and international copyright provisions.
Francine Bramli Paris reserves the right to take legal action against any person who infringes its rights and these general conditions.
Article 14: Security
Francine Bramli Paris undertakes to ensure the operation of the Site in order to allow optimal use under the conditions defined in these general conditions.
Francine Bramli Paris is committed to implementing state-of-the-art technical and organizational measures to protect your data.
The service may be occasionally suspended due to maintenance interventions necessary for the proper functioning of the Site.
Francine Bramli Paris cannot be held responsible in the event of malfunction of the Site due to maintenance, technical problems, the impossibility of accessing the Site and failures of the hosting server or access providers.
Article 15: Final provisions
These general terms and conditions of sale express the entirety of the parties' obligations. No other general or specific conditions communicated by the Customer may be incorporated into or deviate from these general terms and conditions.
The fact that Francine Bramli Paris does not assert at any given time any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver of the right to assert any of the said conditions at a later date.
The Site contains hyperlinks from partners. If the user consults partner sites, Francine Bramli declines all responsibility for access, content, and use of the sites, and for any damage that may result.
Article 16: Conflicts
We are confident that our customer service, which can be reached at the following address: serviceclient@francinebramliparis.com , will be able to help you if you have any problems.
However, and in accordance with Article L.133-4 of the Consumer Code, the Customer is informed of the possibility of resorting 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 his request for mediation, so that he can be given 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
