Terms and Conditions

INTRODUCTION

1. These Terms and Conditions apply to the use of the www.foundinfranceshop.com (the "Website") which is operated by [Found in France Limited or Denise Nicholls trading as Found in France] ("France Shop").

2. By accessing this Website and/or placing an Order you agree to be bound by the Terms and Conditions set out below in their entirety. Please read carefully before placing any Order. If you do not accept these Terms and Conditions in their entirety, please do not continue to use this Website.

3. These Terms and Conditions shall be effective as of 1st May 2017.

4. Please note that where France Shop has third party providers for payments and/or delivery, their specific terms and conditions will apply where applicable.

5. All Contracts formed through this Website shall be construed in accordance with and subject to Jersey law.

6. Nothing in these Terms and Conditions shall be deemed to affect your statutory rights.

DEFINITIONS

7. The following terminology applies to these Terms and Conditions:

a. “Cancellation Notice”
Notice provided by the Customer by e-mail to France Shop that they wish to cancel the Contract and return Products purchased under that Contract.
b. “Cancellation Period”
Working days beginning the day after the Customer’s receipt of the Products purchased under the Contract.
c. “Contract”
Any contract formed through this Website between the Customer and France Shop, which shall incorporate the Terms and Conditions.
d. “Contract Price”
The price paid for the Products by the Consumer under the Contract, not including the cost of delivery.
e. “Customer”, “You”
The person accessing this Website and accepting the Terms and Conditions.
f. "Dispatch Confirmation E-mail"
An e-mail sent to the Customer by France Shop confirming the dispatch of the Order to the Customer.
g. “Faulty Products”
h. Products delivered to the Customer following their placing of an Order on the Website which are either faulty or do not conform with the terms of the Contract within 6 months of delivery.
i. “Order"
The Customer’s placing of Products in their shopping basket and provision of payment for those Products, constituting an offer to France Shop to purchase those Products. 
j. “Order Confirmation E-mail”
An e-mail sent to the Customer by France Shop confirming France Shop’s receipt of the Order and details about the Order. 
k. “Party”
Either the Customer or France Shop.
l. “Parties”
Both the Customer and France Shop.
m. “Personal Information"
Including but not limited to the Customer’s name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
n. “Privacy Policy”
France Shop’s privacy policy located at http://www. foundinfranceshop.com/privacy-policy, which is incorporated into the Terms and Conditions.
o. "Products"
Goods displayed for sale on the Website.
p. “Registration”
The process whereby the Customer creates a personal account on the Website by inputting Personal Information.
q. “User Information”
Information about the Customer’s location and use of the Website, including but not limited to their URL, IP address, browser type, the country and telephone area code where their computer is located and the pages of the Website that were viewed during their visit. 
r. "France Shop"
[Found in France Limited, Chantry, La Rue Du Cap Verde, St Lawrence, Jersey, JE31EL, Jersey, JE3 1EL, company registration number 28140].[Denise Nicholls trading as Found in France, Chantry, La Rue Du Cap Verde, St Lawrence, Jersey, JE3 1EL]
s. "Website"
The website located at www.foundinfranceshop.com or any subsequent URL which may replace it.
8. Any use of the above terminology in the singular or plural is taken as interchangeable and therefore as referring to the same.

 

REGISTRATION

9. You, the Customer, agree that all Personal Information that you provide is accurate and complete in all respects.

10. You will not impersonate another individual or use any details that you are not authorised to use.

11. You must have an e-mail address to register with and use the Website. By registering with France Shop, you agree that France Shop shall use e-mail as the principal means of communication with you for any matters regarding your Order.

12. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. France Shop shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

FRANCE SHOP'S RIGHTS

13. France Shop retains the right to alter, temporarily withdraw or modify the Website without the need of prior notification.

14. France Shop reserves the right to change these Terms and Conditions from time to time as it sees fit and your continued use of the Website will signify your acceptance of any adjustment to these terms.  

15. France Shop retains the right to refuse service to any consumer, company or business.

THE CONTRACT

16. When you make an Order, you will be sent an Order Confirmation E-mail.  

17. France Shop shall supply to you in the Order Confirmation E-mail such information as required by the Distance Selling (Jersey) Law 2007.

18. The Contract is concluded when France Shop dispatches the Products to you and sends you the Dispatch Confirmation E-mail. Without affecting your rights of cancellation, you can cancel your Order at no cost at any time before receipt of the Dispatch Confirmation E-mail by notifying France Shop by e-mail.

19. All Products advertised are subject to availability. France Shop will endeavour to ensure that all information and Product pricing is accurate at the time of purchase. If an error occurs, France Shop retains the right to cancel the Contract and enter into a fresh Contract with you for identical Products with amended pricing and incorporating identical Terms and Conditions.

PAYMENT

20. France Shop accepts PayPal, Maestro, MasterCard, Solo, Switch, Visa Electron and Visa as methods of payment. Please see FAQs for details.

21. All Products supplied to you remain the property of France Shop until it has received final payment of all sums owing in respect of those Products.

CANCELLATION OF CONTRACT AND RETURN OF PRODUCTS

22. If you are entering into the Contract as a customer, you can cancel the Contract for any reason by sending France Shop a Cancellation Notice before the expiry of the Cancellation Period.

23. Products must be returned to France Shop at Found in France, La Rue Du Cap Verde, St Lawrence, Jersey, JE3 1EL, in person or by post. The returned Products must be received by France Shop within 28 days of the Cancellation Notice. You shall be responsible for bearing the cost of return of all Products, save for Faulty Products.

24. If you fail to return Products for which you have been refunded, France Shop may collect them and charge you for the direct cost of collection. 

25. You have a duty to retain possession of all Products which are to be returned and to take reasonable care of them. You must send the Products at your own risk to France Shop, ensuring that the Products are packaged adequately to protect against damage. If your failure to take reasonable care of the Products results in damage or deterioration, you will be liable to France Shop for the reduction in value of the Products.

26. France Shop will not accept for return any Products which are damaged, have broken seals or are otherwise not as new, but for Faulty Products, although it is acceptable that you may open the outer packaging to inspect the Products.

27. Where the Cancellation Notice is received by France Shop within the Cancellation Period, France Shop shall reimburse you the Contract Price of the returned Products within the period of 30 days from receipt of the Cancellation Notice.

FAULTY PRODUCTS

28. If you are entering into the Contract as a consumer and France Shop supplies you with a Faulty Product, you have additional rights and remedies under The Supply of Goods and Services (Jersey) Law 2009.

29. If you wish to return a Faulty Product, you must send France Shop a Cancellation Notice as soon as possible on discovery that you have received a Faulty Product, or at the latest within 6 months of receipt of the Faulty Product.

30. Faulty Products must be returned to France Shop at Found in France, La Rue Du Cap Verde, St Lawrence, Jersey, JE3 1EL, in person or by post.  The returned Faulty Products must be received by France Shop within 28 days of the Cancellation Notice. 

31. France Shop may repair or provide replacement for a Faulty Product if it is practicable to do so. You must allow France Shop a reasonable time to carry out any repairs or to provide replacement. Alternatively, France Shop may offer you a discount off the Contract Price of the Faulty Product. 

32. If you prefer, you may choose instead to rescind the Contract. France Shop shall reimburse you the Contract Price of the Faulty Product within the period of 30 days from the Cancellation Notice. Any reimbursement France Shop makes to you may be reduced to take account of the use that you have had of the goods since they were delivered to you.

33. France Shop shall reimburse you for the cost of return of any Faulty Products within the period of 30 days from the Cancellation Notice, where you have provided a valid postage receipt.

34. If the Products are found to have been damaged by yourself after delivery, France Shop will contact you to inform you and discuss this. It is your responsibility to arrange collection of any unauthorised returns from our premises. France Shop reserves the right to return these Products to you at your cost. France Shop will not refund either the initial cost of delivery to you or the cost of returning the Products to France Shop.

REIMBURSEMENT

35. Any refunds given to you by France Shop will be made to the credit or debit card account which was charged when you placed your Order.

LINKS TO AND FROM THE WEBSITE

36. You may not create an unauthorised link to any page of this Website. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations contained in these Terms and Conditions will apply to your use of this Website by linking to it.

37. The Website may contain links to other websites or services. France Shop is in no way responsible for the content or privacy policies these websites or services may have in place and advise that you use caution and refer to the particular privacy statements and terms of these websites.

DATA PROTECTION

38. France Shop is a registered data controller under the Data Protection (Jersey) Law 2005 (the “2005 Law”) and complies with the standards, procedures and requirements laid down in the 2005 Law to ensure that the Personal Information you provide is kept secure and processed fairly and lawfully.

39. The Terms and Conditions incorporate France Shop’s Privacy Policy, available at http://www.foundinfranceshop.com/privacy-policy.

40. When you use this Website, you agree to use it subject to the terms of the Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

41. This Website and all of its contents are owned by or licensed to France Shop. You may use, download and print content on the Website solely for your own personal use or internal business purposes. France Shop's prior written consent must be obtained before the Website or its contents are used for any other purpose. Unlawful reproduction may result in legal action.

EXCLUSIONS AND LIMITATIONS

42. Whilst every effort will be made to keep any delivery date, time of delivery shall not be of the essence. France Shop shall not be liable for any consequential loss incurred by you or any other person, company or business arising directly or indirectly out of any failure to meet any estimated delivery date.

43. France Shop's liability is limited to the Contract Price. France Shop accepts no responsibility for any additional loss, direct or indirect, caused to you for providing Faulty Products. 

44. France Shop shall not be liable for any claims, liability, damages, losses, costs and expenses arising out of any breach of the Terms and Conditions made by you.

45. To the fullest extent permitted by law, France Shop excludes all liability for damages arising out of or in connection with your use of this Website including, without limitation, direct loss, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. You are advised to take all appropriate safeguards before downloading information or images from the Website.

FORCE MAJEURE

46. Neither Party shall be liable to the other for any failure to perform any obligation under any Contract which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside our control, which causes the termination of any Contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms and Conditions of any Contract contained herein.

WAIVER

47. Failure by France Shop to insist upon strict performance of any provision of these Terms and Conditions under any Contract or the failure by France Shop to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of your obligations under any Contract. No waiver of any of the provisions of these Terms and Conditions in any Contract shall be effective unless it is expressly stated to be such and signed by both Parties.

CONTACT INFORMATION

48. All queries should unless otherwise stated be directed either by e-mail to denise@foundinfranceshop.com or by letter to:
Found in France
La Rue Du Cap Verde
St Lawrence
Jersey
JE3 1EL