General terms and conditions of sale for the website www.francine-bramli.com (hereinafter the "Site")
The company CREOLES owns the Francine Bramli Paris brand.
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 "Client(s)".
These General Terms and Conditions do not apply to professionals purchasing within the scope of their professional activities, wholesalers and distributors.
The term "Products" refers to all products sold through the Site.
The term "Address Francine Bramli Paris" refers to the postal address of the company CREOLES, namely 34 rue Notre Dame de Nazareth, 75003 Paris, France.
You can find all the information about the company CREOLES here .
The Site delivers to all countries in the world.
Placing an order implies the Customer's full and unreserved acceptance of these Terms and Conditions, to the exclusion of all other documents such as catalogs, brochures, etc., issued by Francine Bramli Paris, which are for informational purposes only. Any conflicting terms stipulated by the Customer will therefore be unenforceable against Francine Bramli Paris unless expressly accepted by Francine Bramli Paris, regardless of when they may have been brought to its attention. The Customer can easily, freely, and at any time consult these Terms and Conditions by clicking on the "Terms and Conditions" link located at the bottom of each page of the Website. Francine Bramli Paris reserves the right to modify these Terms and Conditions at any time.
Article 2: Order Placement
2.1 The Customer places their order according to the process in effect on the Site, namely:
-Step 1: Choosing the model, choosing the attachment, choosing the desired quantity.
- Step 2: In the "cart" section, you can choose to change quantities, cancel Products, continue shopping, add a promotional code, choose the delivery method for the Product, namely Colissimo or Chronopost delivery, and confirm your wish to order to arrive at the page allowing you to enter your 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: Choosing the delivery method: the delivery time and price are indicated next to each of the possible delivery methods.
However, delivery times are indicative only, and Francine Bramli Paris is not responsible for any delays in deliveries made by a third-party service provider. For more details, please refer to article 7.
If you do not have a mailbox and are rarely at home, if your mail is regularly stolen or if your parcel must arrive on a fixed date, avoid choosing La Poste and contact us at serviceclient@francinebramliparis.com to choose the best option.
You will receive an email no later than the next business day following your order, informing you that your order is ready. You will then have 14 (fourteen) days to collect your order. After this period, your order will be cancelled 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 will absolutely need to read the "general terms and conditions of sale" and then approve them (checkbox) to proceed to payment.
Your order is only effective once payment has been received. 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 to refuse an order for any reason whatsoever, including but not limited to product availability issues or problems with the order itself. In any event, the Customer will be informed as soon as possible by Francine Bramli Paris, which will offer a replacement or a refund.
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 one displayed on the Website at the time the Product is added to the shopping cart. This price is firm, final, and non-negotiable; it includes preparation costs but not delivery charges. Prices include VAT applicable on the day of the order. They are therefore shown inclusive of VAT.
Any change in the applicable VAT rate may be reflected in the selling price of the Products in the catalogue.
For deliveries outside the European Union, the Customer is responsible for paying any customs duties, VAT, or other taxes due upon importation of the Products into the country of delivery. Unless otherwise specified, all related formalities are also the sole responsibility of the Customer. The Customer is solely responsible for verifying the import regulations for the ordered Products in 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
Accepted payment methods are indicated on the website at the bottom of the page (logos).
The Customer agrees to pay the total price stipulated on the order summary and to pay or arrange for payment, where applicable, directly to the freight forwarder or carrier, of customs duties, VAT or other taxes due on the importation of the Products into the country of delivery.
The Customer pays for their order in full (no partial payment is accepted) by Apple Pay, PayPal, credit card or by Klarna as offered on the Site.
Before proceeding with payment, the Customer indicates that he accepts without reservation these Terms and Conditions as they exist on the day of his order and which he will have read beforehand.
Payment of the order constitutes an irrevocable commitment by the Customer which can only be challenged in the limited cases provided for in these Terms and Conditions under 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 adheres to 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 PSD2 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 processed within an average of 6 working days following the date of payment, subject to the availability of the ordered Product and unless otherwise 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 provided for informational purposes only and do not constitute a binding commitment on the part of Francine Bramli Paris. In the event of stock shortage or unavailability of the ordered product, Francine Bramli Paris undertakes to inform the customer as soon as possible and to specify an availability date or offer a refund, excluding any other compensation.
A delay in delivery cannot give rise to any withholding, 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 cancelled at the request of either party by registered letter with acknowledgment of receipt, excluding any claim for damages. The following are considered force majeure events 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 and unforeseeable event beyond the control of Francine Bramli Paris. Francine Bramli Paris will inform the Customer in a timely manner of the aforementioned events.
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 case of any problem, the Customer must follow the claims procedure outlined in Articles 9 and 10 below.
Article 8: Personal Data
As the data controller, CREOLES processes some of your personal data electronically. CREOLES is committed to complying with the French Data Protection Act (law of 6 January 1978, as amended).
For more information about how we process data, and about cookies, please see our Privacy Policy.
Article 9: Right of withdrawal (delivery or Click & Collect)
The Customer has 14 (fourteen) calendar days from the date of 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 be at their expense, for exchange or refund, in accordance with Article L 212-21-3 of the French Consumer Code. If this period expires on a Saturday, Sunday, or public holiday, it is extended to 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 takes physical possession of the last Product.
Notification of exercising the right of return can be made by email to serviceclient@francinebramliparis.com . The customer may use the following text:
To the attention of Francine Bramli, Paris – Website Customer Service
34 rue Notre Dame de Nazareth, 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 submitted on paper):
Date :…………
Francine Bramli Paris will acknowledge receipt of the Client's request.
After notifying Francine Bramli Paris of his intention to exercise his right of withdrawal, the Customer has 14 (fourteen) days to return the Product (including the pouch) by post in its original condition and packaging to the Address of Francine Bramli Paris.
The product must be unused/unworn, undamaged in any way, and perfectly clean. This right of withdrawal may be exercised without penalty, except for the return shipping 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 gives no guarantee against apparent defects, detectable after normal examination of the Product, which may affect said delivered Product and which have 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:
- Property unfit for the use normally expected of similar property,
- Item that does not match the description given by the seller,
- Goods that do not possess the qualities advertised by the seller or agreed upon with the customer.
To benefit from the legal guarantee of conformity, the product defect must have existed on the date of purchase. The customer is not required to prove the existence of the defect 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 they can prove that the defect existed on the date of purchase.
Francine Bramli Paris will request the return of the Product in order to carry out an expert assessment of the Product.
In the event of non-conformity, the Customer chooses between repair and replacement of the Product.
However, Francine Bramli Paris may refuse to proceed according to the Client's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, it is obligated to proceed according to the other option, unless impossible.
If repair and replacement of the Product are impossible, the Customer may return the Product and receive a full refund, or keep the Product and receive a partial refund. However, the sale cannot be cancelled if the non-conformity is minor.
The Customer has a period of 2 (two) years to return the Product to Francine Bramli Paris by attaching to his shipment (i) a letter explaining the problem indicating the date of discovery of the non-conformity, (ii) the delivery note 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 invoke the warranty against hidden defects, the Product defect must meet the following 3 conditions:
- To be hidden, that is to say, not apparent at the time of purchase,
- To render the property unfit for its intended use, or to greatly diminish its usability,
- To exist at the time of purchase.
It is up to the Client 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 attaching to his shipment (i) a letter explaining the problem indicating the date of discovery of the hidden defect, (ii) proofs of the existence of the hidden defect (iii) the delivery note and (iv) the invoice.
Francine Bramli Paris will carry out an assessment of the Product upon receipt.
If Francine Bramli Paris considers that the warranty against hidden defects can be implemented, it will reimburse the price of the Product appearing on the purchase invoice, within a period allowing it to first carry out an expert assessment of the Product.
Article 11: Formation of the contract and proof
Clicking "Pay Now" constitutes proof of the formation of the sales contract. This electronic validation between the parties has the same legal value as a handwritten signature. Clicking the box indicating acceptance of the general terms and conditions of sale also constitutes proof of unreserved acceptance of these terms and conditions.
As these terms and conditions only exist in French, you declare that you understand French and all the provisions of these Terms and Conditions.
It is recommended to print a copy and keep it for your records.
The computerized records, kept in the computer systems of Francine Bramli Paris under reasonable security conditions, will be considered as proof of communication, orders and payments made between the parties.
Orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 12: Photos
The essential characteristics of Francine Bramli Paris products are described alongside one or more photographs which, despite all precautions taken by Francine Bramli Paris, may show minor differences from the actual item for sale. These differences may arise from the shooting distance, the processing of the photographs, and the method of transmitting and displaying data on the screen. Francine Bramli Paris cannot be held responsible for such discrepancies.
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 – including photographs, for which Francine Bramli has obtained the necessary authorizations from the individuals concerned, or of which Francine Bramli is the author. Consequently, any reproduction, in whole or in part, of the Site is strictly prohibited, as is any reproduction of the elements contained therein.
Any reproduction or use of the 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 upon its rights and these general terms and 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 terms and conditions.
Francine Bramli Paris is committed to implementing state-of-the-art technical and organizational measures to protect your data.
The service may occasionally be suspended due to maintenance interventions necessary for the proper functioning of the Site.
Francine Bramli Paris cannot be held responsible for any malfunction of the Site due to maintenance, technical problems, inability to access the Site and failures of the hosting server or access providers.
Article 15: Final Provisions
These general terms and conditions of sale constitute the entire agreement between the parties. No other general or specific terms and conditions communicated by the Client may be incorporated into or supersede these general terms and conditions.
The fact that Francine Bramli Paris does not at any given time avail itself of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver of the right to avail itself at a later date of any of said conditions.
The Site contains hyperlinks to partner sites. If the user visits these partner sites, Francine Bramli disclaims all responsibility for access to, the content of, and the use of these sites, and for any resulting damages.
Article 16: Conflicts
We are confident that our customer service, reachable at the following address: serviceclient@francinebramliparis.com , will be able to help you should 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, to a conventional mediation procedure in the event of a dispute.
Link to the European online 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 may be provided with the contact details of the mediation body and the precise conditions of such recourse to this mediation procedure.
General terms and conditions of sale updated on January 20, 2021
