Fily’s General Terms and Conditions of Sale

General Terms and Conditions of Sale

Filys.fr – Janvier 1, 2016

Please read carefully the General Conditions of Sale and the General Conditions of Use of the Filys.fr website. You can also print the full text by clicking on the following link .

The purchase of any products offered on filys.fr website is subject to these Terms and Conditions (« Terms and Conditions of Sale »).

Orders may only be placed on the Filys.fr website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of Fily’s products purchased on Filys.fr website is strictly prohibited.

Fily’s may update these Terms and Conditions of Sale at any time without prior notice.

For each order on Filys.fr website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be requested.

1. Purchase – Terms of ordering

You may also place your order by telephone by dialing 0658004688 from Monday to Friday, 9.00 a.m. to 6.00 p.m.
The delivery zone for Fily’s products ordered via the Filys.fr website

An order can be placed for one or several delivery address. (see « Delivery Zone »)

For each product selected on the Filys.fr website, a summary page will be displayed featuring a photograph of the item, its coloring and references, the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to Fily’s for processing (see « Acceptance of orders »). While every effort is taken to try to ensure that the coloring, design and style of the Fily’s products in the photographs displayed on the Filys.fr website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. Fily’s reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability if, among other things, the products are not available, are incorrectly priced or are otherwise incorrectly described. Accordingly, Fily’s shall not be liable for any error or inaccuracy in the photographs or graphical representations of Fily’s products displayed on the Filys.fr website. If you have any questions about the products, you may contact our Customer Service by clicking on the hyperlink labeled « contact ».

Please note that for customized scarves, embroidery is done by hand and stitching may be irregular.

Fily’s reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if Fily’s has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate cause.

To ensure the best quality service and product availability, you may not order on the Filys.fr website more than 9 items of the same reference number within a period of fifteen (15) calendar days.

For any exceptional order, we thank you to contact our Customer Service on the hyperlink « customer service » or by phone.

2. Purchase – Availability

Our offers of products are valid as they are displayed on the Filys.fr website, subject to availability. Instructions about the availability of products are provided at the time of the ordering. At times, errors may exist, especially in case of simultaneous orders of the same product by several customers. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the Filys.fr website in substitution or to cancel your order.

If you choose to cancel your order, you will be refunded if your bank account has been debited.

Customized items cannot be cancelled once the order is placed.

Fily’s shall not be liable in case of stock outage or unavailability of products.

Fily’s reserves the right to change at any time and without notice the items proposed on the Fily’s website.

3. Purchase – Order Confirmation

At the end of the ordering procedure, you are invited to click on the « Pay » button, at which time your order will be transmitted to Fily’s for processing and may not be amended or cancelled except pursuant to the conditions provided for herein the Terms and Conditions of Sale or in conditions provided for pursuant to applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.

You will receive an order summary.

The data registered by the Filys.fr website establish the terms of the transactions between Fily’s and its customers. In the case of a dispute between Fily’s and its customers relating to a transaction entered into using the Filys.fr website, the data registered by Fily’s are the terms of the transaction. Notwithstanding, Fily’s reserves the right not to accept or to cancel your order if the products are not available are incorrectly priced or are otherwise incorrectly described.

4. Purchase – Price Payment

The prices of Fily’s products are indicated in Euros, excluding taxes and shipping costs (see « Shipping and Delivery »).

Fily’s reserves the right to modify the prices of products offered on the Filys.fr website at any time without prior notice. You will be charged the prices displayed on the Filys.fr website at the time your order was confirmed provided the goods ordered were available at this time, however, Filys.fr reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.

You are required to pay for any order placed on the Filys.fr website immediately upon confirmation of your order. We only accept payment by paypal.

Your charge card or credit card will only be debited when your order is dispatched. If any of the products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the goods available.

5. Purchase – Reservation of title

The ordered products remain the property of Fily’s until full payment is tendered to Fily’s.

In case of a payment dispute, you undertake to return the received products to Fily’s immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.

6. Shipping and Delivery – Delivery and In-Store Collection Zones

For deliveries to a postal address:

Goods will be shipped to the delivery address(es) specified during the ordering procedure.

9. Delivery Time – Time required for delivery and collection

9.1. For deliveries to a postal address:

During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased.

If your order is not able to ship immediately, an Internet Shopping Specialist will contact you to provide more detail and an estimated shipping date.

However, Fily’s reserves the right to divide your order into partial shipments. In this case, your method of payment will be debited for the goods shipped and for a single shipment.

11. Returns – Exchanges – Refunds

11.1. To Filys.fr :

You may return any product ordered on the Fily.fr website for exchange or refund within thirty (30) calendar days from the delivery date. Returned products must be in their original condition and packaging (the white box with logo Fily’s and the delivery box ), together with their purchase invoice or a copy in the case of a partial return.

Returning a product for exchange or refund is not free. Please contact our Customer Service Department « contact » who will send you the pre-paid label by email.

A product ordered on the Filys.fr website that has been personalized cannot be returned for exchange or refund.

The following conditions apply to perfume returns:

The product must not be open and must be returned in its original packaging ( fily’s box and delivery box). If the transparent film has been opened or removed, the item will not be accepted for return or exchange.
If a product is defective or has been damaged during delivery, the client must ensure that the bottle is still hermetically sealed (if this is not the case, contact the Customer Service Department ).

If you are unable or do not wish to use the pre-paid label service, please contact Customer Service who will record your return. You can then return your package to the following address:  Fily’s
B013- 2 rue du bois du bray
77127 Lieusaint

In this case, please ensure your package for the full retail value of the item. Fily’s will not be responsible or liable if any item you return to the Filys.fr website is lost, misdirected or delivered late insofar as you have to bear the risks of the shipping you have chosen.

Fily’s has sole discretion in determining whether the products are in original condition when returned to Filys.fr website.

All furniture orders are custom made and cannot be returned, exchanged or cancelled. No reimbursement will be made.

TERMS AND CONDITIONS OF SALE APPLICABLE TO ORDERS OF FILY’S FURNITURE

The purchase and sale of furniture on the Filys.fr website is governed by the terms and conditions of sale stated below and the General Terms and Conditions of Filys.fr. In case of any conflict with the General Terms and Conditions otherwise stated on the Filys.fr website (the “GTC”), the terms and conditions of sale stated below shall take precedence over the GTC.

1. Price

The prices of the Products are indicated in Euros, excluding taxes, costs for storage, transportation and insurance, which are payable by Client over and above the listed price. Each order must be paid for at the price displayed on http://www.Filys.fr.

Filys.fr reserves the right to modify the prices of Products offered on the Filys.fr website at any time without prior notice. You will be charged the prices displayed on the Filys.fr website at the time your order was confirmed provided the Products ordered were available at this time, however, Filys.fr reserves the right not to accept or to cancel your order if the Products are not available, are incorrectly priced or are otherwise incorrectly described.

2. Terms of Payment

The Client is required to pay for any order placed on the Filys.fr website immediately upon confirmation of the order. We only accept payment by paypal.

3. Terms of Delivery

Products will be delivered by an independent company. Delivery times may vary. Fily’s will contact the Client upon confirmation of the order to review approximate wait times.

4. No Exchange or Return of Products

All sales are final. The Products may not be returned or exchanged for credit.

6. Compliance

The Products are designed for use as furniture. The Products must be maintained consistent with the instructions issued by Fily’s and must be used in accordance with the purposes for which they were designed.

The Products are partially or entirely made of natural fibers, of wood and/or of leather, which are living materials, and so the Product delivered cannot be guaranteed entirely free from defects or exactly identical to the sample seen by the Client.

As a consequence Fily’s cannot be held liable for any normal differences between the sample and the Product delivered.

The dimensions of the Products as listed on http://www.filys.fr are provided for information only, as the Client accepts manufacturing tolerances. Fily’s is entitled to make any modifications arising from the technical requirements of manufacture, without the Client having to bear any costs arising from those modifications.

7. Limited Warranty

Subject to Section 6 hereof, the Products are warranted to be free of defects in material and workmanship for a period of one (1) year from the date of delivery. All claims for defective Products must be made in writing to Fily’s B013- 2 rue du terroir 77127 Lieusaint.

8. Limited of remedy

Subject to Sections 6 and 7 hereof, in the event of any defect during the one (1) year warranty period, the Client’s exclusive remedy shall be the right to have Fily’s repair or replace the Product for a comparable Product at the option of Fily’s. If Fily’s does not repair or replace a defective Product, Fily’s will refund the original purchase price of the defective Product to the Client.

9. Intellectual Property Rights Held by Fily’s

Fily’s remains the owner of the creations relating to the Products.

The present terms and conditions of sale do not grant to the Client or any other person any entitlements of any kind to the intellectual property rights held by Fily’s.

These intellectual property rights prohibit, inter alias, the affixing of the Fily’s trademark and/or its logo, or the insertion of photos of the Products or their packaging in any material (including brochures, posters, catalogues, correspondence, press articles, audiovisual works, internet sites, intranet sites, etc.) without express prior written approval from Fily’s. The Client agrees to refrain from fabricating and/or arranging for the fabrication of, for itself or on behalf of third parties, products that are identical to, and/or similar to, and/or constituting imitations of the Products or derivative products within the meaning of federal and state intellectual property laws and regulations.

10. Retention of Ownership

Fily’s shall retain ownership of the Products until actual payment in full of the full amount owed for the order.

From the time of delivery of the Products to Client, Client shall bear the risk of loss and damage to the Products or and any damage that the Products may cause.

11. Governing Law and Jurisdiction

T The present terms and conditions of sale are explicitly excluded from application of the “United Nations Convention on Contracts for International Sale (CISG)”.

3. Purchase – Order Confirmation

At the end of the ordering procedure, you are invited to click on the « Pay » button, at which time your order will be transmitted to Fily’s for processing and may not be amended or cancelled except pursuant to the conditions provided for herein, the Specific Terms and Conditions of Sale of  Fily’s Products or in conditions provided for pursuant to applicable law. The confirmation of your order means your acceptance of the Specific Terms and Conditions of Sale of  Fily’s Products, the General Terms and Conditions of Use of the Filys.fr website, as well as it Confidentiality Policy. You will receive an order summary.

The data registered by the Filys.fr website establish the terms of the transactions between Fily’s and its customers. In the case of a dispute between Fily’s and its customers relating to a transaction entered into using the Filys.fr website, the data registered by Fily’s are the terms of the transaction. Notwithstanding, Fily’s  reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.

4. Purchase – Price Payment

The prices of Fily’s Products are indicated in Euros , excluding taxes and shipping costs (see « Shipping and Delivery »).

Fily’s reserves the right to modify the prices of Fily’s Products offered on the Filys.fr website at any time without prior notice. You will be charged the prices displayed on the Filys.fr website at the time your order was confirmed provided the goods ordered were available at this time; provided, however, Fily’s reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.

5. Purchase – Reservation of title

The ordered  Fily’s Products remain the property of Fily’s until full payment is tendered to paypal.

In case of a payment dispute, you undertake to return the received Fily’s Products to Fily’s immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered Fily’s Products.

9. Delivery Time – Problems of delivery

Any failure to deliver or late delivery exceeding three (3 ) business mouths from date of shipping confirmation should be reported to our customer service as soon as possible. In order for your claim to be accepted, please notify us within ten (10) business days from the date of confirmation of your order. The official delivery time is  between one and four weeks if the product is realized after payment. 

You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.

If the Fily’s Products do not conform to your order or you are not satisfied with them, you may return them according to the terms and conditions contained in the section entitled « Returns – Refunds- No Exchanges ».

10. Returns – Refunds – No exchanges Fily’s does not accept exchanges of any Fily’s Products. However, you may return any Fily’s Product ordered on the Filys.fr website for refund to the Filys.fr website, whether the Product was delivered to you at a postal address or the Product was collected by you, or on your behalf, at a designated Fily’s boutique provided the following conditions are met:

Returns must be made prior to the last day of the calendar month of the sale during which you purchased a Fily’s Product and 10 days after the date you receive the Product whichever occurs last. Returned Products must be in their original condition and packaging (the white box and  the delivery box), together with their original purchase invoice or a copy in the case of a partial return.

If you are unable or do not wish to use the pre-paid label service, please contact Customer Service  who will record your return. You can then return your package to the following address:

Filys

In this case, please ensure your package for the full retail value of the item. Fily’s will not be responsible or liable if any item you return to the Filys.fr website is lost, misdirected or delivered late insofar as you have to bear the risks of the shipping you have chosen.
If you ask for a refund, Fily’s will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the goods returned by crediting your charge or credit card. Under no circumstances will it be possible to grant you an electronic credit usable on the Filys.fr website. Fily’s has sole discretion in determining whether the products are in original condition or defective when returned to Filys.fr website.

11. Disclaimer of Warranty

Fily’s does not guarantee or represent that:

– the Filys.fr website is free from viruses, worms, trojan horses or other destructive material;
– the information contained on the Filys.fr website is accurate, complete or up to date.

The Filys.fr website may contain technical inaccuracies or other defects; Fily’s does not guarantee that any such defects will be corrected. The Filys.fr website and its contents are provided on an « as is » and « as available » basis. Fily’s expressly disclaims all warranties of any kind, whether express or implied.

12. Limitation of Liability

Fily’s shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the Filys.fr website, even if Fily’s has been advised of the possibility of such damages.

13. Law – Disputes

These Specific Terms and Conditions of Sale of  Fily’s Products shall be governed by and construed in accordance with the laws of France, without regard to principles of conflicts of laws. The language of these Terms and Conditions of Use is English. In the event of a dispute, the tribunal  of commerce de Melun (France) shall have exclusive jurisdiction over any such dispute and you hereby agree to submit to the exclusive jurisdiction of such court. Fily’s shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.

General terms and conditions of use

Fily’s its principal office at B013-2 rue du bois du bray 77127 Lieusaint.

The use of the Filys.fr website and the purchase of any products offered on Filys.fr website are subject to these terms and conditions (« Terms and Conditions of Use »). The use of the Filys.fr website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy for the Filys.fr website (« Privacy Policy »); see « Security and Personal Data. »

Fily’s may update these Terms and Conditions of Use and the Privacy Policy at anytime without notice. By continuing to use the Filys.fr website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified. You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the hyperlink labeled « customer service ».

1. Security and Personal Data

The Fily’s Privacy Policy (see « Privacy Policy ») governs the use of any personal information that you provide to Fily’s on this website, Fily’s may modify or amend the Privacy Policy at anytime as provided in the Privacy Policy.

The Fily’s website is not intended for minor children.

2. Intellectual Property

All material on the Filys.fr website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks, and all other intellectual property of any nature) are the exclusive property of Fily’s and its subsidiaries. You may not reproduce, by any means or process (except as expressly provided herein), in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Filys.fr website.

The « Fily’s » trademark, the trademark image of a horse and carriage and all other Fily’s related marks and logos, whether or not registered, displayed on the Filys.fr website, as well as the domain name « Filys.fr, » are and will remain the exclusive property of Fily’s. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of Fily’s is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Filys.fr website or any content contained therein. You may make a single copy of web pages published on the Filys.fr website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.

3. Linking

The Filys.fr website may contain links to third party websites not under the operation or control of Fily’s. Such links are provided as a convenience only and can not, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Filys.fr website if expressly authorized in writing by Fily’s.

4. Limitation of Liability

Fily’s shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the Filys.fr website, even if Fily’s has been advised of the possibility of such damages.

5. Disclaimer of Warranty

Fily’s does not guarantee or represent that:
– the Filys.fr website is free from viruses, worms, trojan horses or other destructive material;
– the information contained on the Filys.fr website is accurate, complete or up to date.

The Filys.fr website may contain technical inaccuracies or other defects; Fily’s does not guarantee that any such defects will be corrected. The Filys.fr website and its contents are provided on an « as is » and « as available » basis. Fily’s expressly disclaims all warranties of any kind, whether express or implied.

6. Law – Disputes

1. Security and Personal Data

The Filys.fr Privacy Policy (see « Privacy Policy ») governs the use of any personal information that you agree to provide to Fily’s  on this website. Fily’s may modify or amend its Privacy Policy at any time as provided in the Privacy Policy.

Filys.fr website is not intended for use by minors.

2. Intellectual Property

All materials featured on Filys.fr website (drawings, designs, models, illustrations, images, sound tracks, texts, logos, trademarks…) are the exclusive property of Fily’s. You may not reproduce, by any means or process, totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on the Fily’s website.

The ‘Fily’s’ trademark, the trademark image of a horse and carriage and all other Fily’s related marks and logos, whether or not registered, displayed on the Filys.fr, as well as the domain name ‘Filys.fr’ is the exclusive property of fily’s. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of Fily’s is prohibited.

You may not remove any copyright (droit d’auteur), trademark or other proprietary notice contained on the Filys.fr website or any content contained therein. You may make a single copy of web pages published on Filys.fr website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright (droit d’auteur) and other proprietary notices contained therein.

3. Linking

Fily’s website may contain links to third party websites that are not published or controlled by Fily’s. Such links are provided as a convenience only and cannot, and may not be interpreted as, an express or implied endorsement of such websites, their content or any products or services offered thereon.

You may only provide a link to Fily’s website if expressly authorized in writing by Fily’s.

4. Limitation of Liability

Fily’s shall not be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits or other indirect losses, arising out of or in connection with your use or inability to use the Fily’s website. This limitation of liability shall apply to the fullest extent permitted by law.

5. Disclaimer of Warranty

6. Governing law and Jurisdiction

These Terms and Conditions of Use shall be governed by and construed in accordance with French law in accordance with Regulation No. EC 593/2008 of 17 June 2008. These Terms and Conditions of Use are drafted in English. In the event of a discrepancy between the General Terms and Conditions of Use in English and the Terms and Conditions of Use in French, the latter shall prevail.

In the event of dispute, in accordance with the provisions of Regulation No. EC 44/2001 of 22 December 2000:

– you may file a claim either before the courts where you are domiciled, or before the French courts,

Fily’s may file a claim before the courts where you are domiciled.

Filys.fr reserves the right to seek and obtain injunctions or orders to protect its rights hereunder.