_updated on January 1st, 2024_

Clause n° 1 : Scope and Modification of General terms of sales. 

The general terms of sale apply to all sales concluded with 

The company French Flair SASU

Registered office – 1 rue Magnier Bedu 95 410 GROSLAY

Tel – 01 34 28 57 08

registered with the RC 812 874 253 000 22 NAF 4690Z VAT number FR91812874253 Contact@frenchflair.paris

They detail the rights and obligations of the company French Flair SASU and its Customer in the context of the sale of collections of children's articles, referred to as "Products." 

Any service provided by the company French Flair SASU implies the unconditional acceptance of these general terms of sale by the Customer.

The company French Flair SASU reserves the right to adapt or modify its terms of sale at any time. The general terms of sale are accepted upon the first delivery.

Clause n°2 : Products and Points of Sale

The Customer has a non-exclusive right (unless otherwise agreed for a specific territory) to market and sell the ranges and brands distributed by the company French Flair SASU within its authorized point of sale, in the European geographical area designated by the country of the point of sale 

The Customer must not actively seek to market the products outside the designated geographical area. The Customer may sell the Products through its point of sale or its website. The Customer cannot market or sell the Products through online sales platforms such as Ebay, Le Bon Coin, Amazon, or other marketplaces like La Redoute, CDISCOUNT... /places other than those specified above. 

The Customer cannot engage in the wholesale of the Products.

For the online sale of Products, French Flair SASU will provide all the necessary marketing material (photos, banners) for the perfect execution of the online listing. No material can be modified without prior agreement between the parties.

Clause n°3 : Offer valid while stocks last 

Our product offers are valid while stocks last.

For products not stored in our warehouses, our offers are subject to availability from our suppliers. These details come directly from our suppliers, and errors or exceptional changes are beyond our control and do not engage our responsibility.

Upon ordering, French Flair SASU will inform you of the product's availability. However, if, despite our attention, the products are temporarily or permanently unavailable, we will inform you as soon as possible. We cannot be held responsible for delivery delays not respected and will not bear penalties from our Customers.

In case of temporary or permanent stock shortage of any product in your order; you will be contacted by email or phone by our sales department, and a replacement product will be suggested.

Clause n° 4: Orders, Cancellation, or Product Returns

Orders must be placed and confirmed through our ODOO software. The delivery date is communicated by French Flair SASU at the time of order preparation. The order commits the Customer when placed and French Flair SASU when confirmed.

The Customer systematically checks the order confirmations, and any errors or omissions are immediately reported to French Flair SASU. If, upon receipt of the confirmation, no errors are reported within 24 hours, the order is considered validated. 

Products cannot be returned without the authorization of French Flair SASU.

The Customer has a period of 7 days from receipt to return the product that does not suit. The shipping and return costs will be borne by the customer. Only the price of the returned Product(s) will be refunded. The products must be returned to the following address: French Flair 1 rue Magnier Bedu Building A16 95410 GROSLAY France.  

Accepted products are complete, in their original condition (packaging, accessories, instructions, etc.). Incomplete, damaged, or soiled products returned by the Customer are not accepted and are returned at the Customer's expense. 

French Flair SASU undertakes to issue a credit note, deductible from the next order, after receiving the products from us. 

No cash on delivery shipment will be accepted.

The Customer must, at their own expense, obtain the necessary authorizations and comply with the laws, regulations, and ordinances of the geographical area regarding the purchase and resale of Products. 

To limit fraud and abuse, French Flair SASU may request all necessary documents from the Customer to unblock the order: company registration documents, bank details, and other certificates showing compliance with your administrative and tax obligations. 

French Flair SASU will not accept any product return without a prior commercial agreement and under determined conditions.

Clause n°6 : Delivery, Delivery Times, and Franco

Each order is prepared and checked by 2 logisticians. The products in each box are counted and correspond in quantity to the order and invoice. French Flair provides proof of the quantity of delivered items.

A complaint is only admissible if the invoiced quantity is different from the delivered quantity. Orders are delivered by GLS or by a carrier chartered by French Flair SASU. Delivery times are variable, and the company is dependent on deliveries from its suppliers. In case of delayed delivery, no delivery penalty will be accepted. 

The Franco Port is set at €500 excluding tax for the following countries: Metropolitan France, Belgium, Luxembourg, Germany, Austria, Switzerland, Netherlands.

Surcharges may apply for islands and mountainous deliveries.

For all other European countries, shipping costs are billed at cost, according to the GLS price list.

Clause n° 7 : Prices

The prices of the goods sold are those in effect on the day of invoicing. They are in euros and calculated excluding VAT. Consequently, they will be increased by the applicable VAT rate and transport costs on the day of invoicing . 

In case of an order to a European Union country with a valid intracommunity number, the goods will be invoiced excluding VAT.

For orders to a country other than Metropolitan France, the Customer is the importer of the concerned product(s). For all products shipped outside the European Union and overseas departments and territories, the price will be calculated excluding VAT on the invoice. Customs duties, local taxes, import duties, or state taxes may be payable. These amounts are not within the scope of French Flair SASU's responsibility. They will be borne by the Customer and are their sole responsibility in terms of declarations and payments to the authorities and/or competent bodies in their country.

All invoices, regardless of their origin, are payable in Euros. 

French Flair SASU reserves the right to modify its prices at any time, informing its customer with a notice of 1 month, by email and/or newsletter. However, it undertakes to invoice the ordered goods at the prices indicated during the validation of the order on the ODOO platform, subject to the availability of the items.

Clause n° 8 : Selective Distribution 

In the interest of selective distribution and tracking of Products in case of recall, the Point of Sale prohibits resale to other Points of Sale.

Our selective distribution is based on the mandatory referencing of minimum 3 brands available in the country.

Clause n° 9 : Discount

No discount will be granted for early payment.

Clause n° 10 : Payment terms

For any new Customer, payment for orders is made by PAYPAL (transaction fees borne by the buyer), by Credit Card (via Stripe), or by SEPA direct debit.

Clause n° 11 : Late payment 

In case of total or partial non-payment of the goods delivered after the payment deadline, the buyer must pay French Flair SASU a late payment penalty calculated at an interest rate of 10%.

The legal interest rate applied is the one in force on the day of delivery of the goods and is stated on the invoices. According to Ordinance No. 2014-947 of August 20, 2014, the legal interest rate will be revised every 6 months.

This penalty is calculated on the total amount including VAT, if applicable of the outstanding sum and runs from the due date of the price without any prior formal notice being required. 

According to Article 441-6, I paragraph 12 and D.441.-5 of the Commercial Code, in addition to late fees, any sum, including the deposit, not paid on its due date will automatically incur the payment of a flat-rate indemnity of 40 euros due for recovery costs. All costs for collecting debt will be charged on the Client.

In case of the first payment delay, subsequent orders will be suspended.

Clause n° 12 : Resolution Clause 

If within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the remaining sums due, the sale will be automatically terminated and may entitle the allocation of damages to French Flair SASU. 

Clause n° 13 : Reservation of Ownership Clause

French Flair SASU retains ownership of the goods sold until full payment of the invoices, in principal and accessories. In this regard, if the Customer undergoes a receivership or judicial liquidation, French Flair SASU reserves the right to reclaim and collect, as part of the collective procedure, the sold and unpaid goods. The return of the goods is at the customer's expense. The products, goods, and packaging taken back must be in perfect condition to be resold. After the return and verification, a credit note will be issued. 

Clause n°14 : Violation of Intellectual or Industrial Property Rights or Rights stipulated in the Law on Product Marketing 

The Customer must not import, distribute, sell, or market products that violate the intellectual or industrial property rights or rights stipulated in any other law belonging to the brands distributed by French Flair SASU.

The sale of Products does not confer any rights on the Customer regarding the Products, brands, logos, or distinctive signs affixed to the products distributed by French Flair SASU. Any total or partial reproduction, without the express and prior agreement of French Flair SASU and the distributed brands, is strictly prohibited under articles L335-2 and L335-3 of the intellectual property code. 

Clause n° 15 : Force Majeure

The responsibility of French Flair SASU cannot be invoked if the non-performance or delay in the performance of one of its obligations described in these general terms of sale results from a case of force majeure. In this respect, force majeure refers to any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code. 

Clause n° 16 : Competent Court 

Any dispute regarding the interpretation and execution of these general terms of sale is subject to French law.

In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Pontoise.

Done in  Paris, January 1st, 2024. 

Nathalie Aiach

Founder