GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale apply to the artist Frédéric Pérat, who operates as a self-publisher located at 76 rue saint Maur - Paris 11 - France. The artist is registered at the Maison Des Artistes under Siret No. 790 937 346 00019. The activity is governed by the following: Decree No. 2020-1095 of August 28, 2020, regarding the nature of activities and income of artist-authors and the composition of the board of directors of any approved organization provided for in Article R. 382-2 of the Social Security Code. Interministerial Instruction No. DSS/5B/DGCA/2023/6 of January 12, 2023, regarding income derived from artistic activities under Article L. 382-3 of the Social Security Code. Article L. 112-2 or L. 112-3 and R. 122-3 of the Intellectual Property Code.
2 - Scope and Acceptance of the General Terms and Conditions of Sale
The purchase of products offered on the website https://www.samfries.com (hereinafter referred to as the "Site") is subject to these General Terms and Conditions of Sale (hereinafter referred to as the "Terms and Conditions of Sale"). SamFries products are exclusively intended to be sold to end consumer individuals or entities, excluding any resellers or intermediaries acting on behalf of resellers. Therefore, the customer confirms that they are acting as an end consumer and have no intention to resell SamFries products for commercial purposes.
Frédéric Pérat may update these General Terms and Conditions of Sale at any time. You can review the current version of the General Terms and Conditions of Sale by clicking on the "CGV" link. The General Terms and Conditions of Sale in effect at the time of the conclusion of the sales contract are the ones that are binding upon you.
Furthermore, upon each purchase of products on the Site, you will be asked to confirm your acceptance of the current General Terms and Conditions of Sale at the time of placing your order. These general conditions are visible before and at the moment you are asked to confirm your acceptance of them.
3 - Ordering Process
The Site allows you to place an immediate online order via the Internet for delivery to mainland France for a selection of products, including those of the SamFries brand, registered with the INPI (hereinafter referred to as the "Product(s)").
The Site does not allow for special orders, which include the creation of a Product that does not exist or is no longer available in the SamFries collection, or the adaptation or customization of a Product from the SamFries collections, and the manufacturing of such a Product by Frédéric Pérat. Therefore, these General Terms and Conditions of Sale do not apply to special orders. For any special order, please contact our Customer Service by clicking on the "Contact" link.
4 - Product Availability
Our offers of Products and prices are valid as long as they are visible on the Site, within the limits of available stock. Errors or modifications may exceptionally occur, especially in the case of simultaneous orders of the same Product by multiple customers. In the event of unavailability of a Product after you have placed your order, we will inform you by email or phone as soon as possible, offering you the option to either order another Product presented on the Site as a replacement or cancel your order.
Frédéric Pérat shall not be held liable for stock shortages or unavailability of Products for orders that have not yet been accepted by Frédéric Pérat.
Frédéric Pérat reserves the right to change the Products offered on the Site at any time and without notice. In order to ensure better service quality and availability of our Products to all customers of the Site, Frédéric Pérat reserves the right to limit the quantity of Products that can be purchased by a customer, in accordance with applicable provisions, particularly those of Article L122-1 of the French Consumer Code.
5 - Ordering Process
5.1. Product Selection
- At any time, you can add Products to your selection by clicking on "BUY NOW" and choose to either complete your purchase or continue browsing. You can view your selection by clicking on the cart in the appropriate menu, where the photo(s) of the Product(s), their name(s), characteristics, chosen quantity(ies), unit price(s), subtotal of the selection, delivery fees to mainland France, and the total price of your order including delivery will be displayed.
If you already have a customer account, you will need to sign in at this stage by entering your email address and password. If you don't have an account yet, you can continue your purchase as a guest by entering your email address.
Your login credentials are strictly personal, and therefore, you agree to keep them securely and never disclose them to third parties. Frédéric Pérat cannot be held responsible for any loss, theft, or fraudulent use of your customer account. In such cases, you agree to immediately inform Frédéric Pérat.
Creating an account allows you to:
- Track your deliveries and view the history of your orders.
- Add or modify your delivery and billing addresses for future orders.
The data recorded by the Site constitutes proof of all transactions between SamFries and its customers. In the event of a dispute between Frédéric Pérat and one of its customers regarding a transaction made on the Site, the data recorded by Frédéric Pérat shall be considered as valid evidence of the content of the transaction.
You can deactivate your account at any time by sending an email to Customer Service by clicking on the "Contact" link. After deactivating your account, you are free to create a new account at any time.
5.3. Order Confirmation
5.3.a) Delivery Method Confirmation
You will need to provide the necessary delivery information for the proper shipment of your order: shipping country, salutation, first name, last name, phone number, and delivery address. You can use the same address for billing or enter a different one. You will then be prompted to select a payment method and enter the relevant information. Once this step is completed, click on "validate".
5.3.b) Payment Method Confirmation and Order Payment
At the end of the ordering process described above, and after accepting the entirety of these General Terms and Conditions of Sale and Use and the Return/Refund Policy, click on the "pay for your purchases" button. The sales contract will then be definitively formed.
Please verify the accuracy of your selection before confirming your order. While every effort is made to ensure that the color and pattern of the Products displayed on the Site are true to the original Products, variations may occur, particularly due to technical limitations in color rendering on your computer equipment. Therefore, Frédéric Pérat cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products on the Site.
For more information regarding payment methods (currency, accepted payment methods, etc.), please refer to the article below "6. Price - Accepted Payment Methods".
Once completed, your order is transmitted to Frédéric Pérat for processing.
By placing an order on this site, you guarantee that you are at least 18 years old and have the legal capacity to enter into contracts.
Frédéric Pérat reserves the right not to accept an order from a customer with whom it is in dispute regarding a previous order or if Frédéric Pérat reasonably believes that the customer has violated these General Terms and Conditions or engaged in fraudulent activity, or for any other legitimate reason.
The items offered on this site can only be delivered to countries where this site can be accessed. We have blocked access to the shop and its ordering functions in territories where we cannot deliver properly.
5.3.c) Order Confirmation
A summary of your order will be sent to you by email. The order confirmation will include the total amount of the order, information regarding the delivery cost, essential characteristics, quantity, and price of the purchased Products.
We recommend that you keep this order confirmation in either paper or electronic format.
6 - Prices - Accepted Payment Methods
The prices of the Products are indicated in the currency of the country where the order is placed (e.g., Euros in the EU, dollars in the US, etc.). Except in cases of refunds made (i) within the framework of exercising the right of withdrawal or (ii) for non-conformity and hidden defects, Frédéric Pérat will not refund the applied VAT on purchases made on the Site (even if the buyer, after receiving the Products, forwards them to a country outside the European Union).
Frédéric Pérat reserves the right to modify the prices of the Products offered on the Site at any time and without prior notice. The Products are invoiced based on the prices displayed on the Site at the time of placing your order, subject to the availability of the ordered Products at that moment.
All orders are payable in the currency corresponding to the place of purchase and must be settled immediately at the time of placing your order. In the event of unavailability of certain ordered Products (see Article 4 "Availability of Products"), only the price and shipping costs related to the available Products will be debited.
It is possible that customs fees for your order may be required upon arrival of your package if you order from outside the European Union. These fees will be payable by the Customer.
6.2. Accepted Payment Methods
6.2.a) Payment by Credit Card or Debit Card
The accepted credit and debit cards are: CB®, Visa®, MasterCard®, and Amex®. Authentication is specific to each bank.
The shipment of your order will only take place after verification of your payment method and receipt of authorization to debit your card or other available payment method.
7 - Reservation of Ownership
The ordered Products remain the property of Frédéric Pérat until the full payment of the price by Frédéric Pérat.
However, you assume the risks (including the risk of loss, theft, or damage) concerning the delivered Products from the moment they are sent to the address provided during the order.
8 - Delivery Methods
8.1. Delivery Zone and Pickup
8.1.a) Delivery to a postal address
The products purchased on the website are delivered by postal service (Standard Home Delivery):
Within the European Union
To the United States
The products are shipped to the delivery address you provided during the ordering process. To validate your order, you are required to provide a valid telephone number.
8.2. Shipping Costs
The amount of shipping costs is calculated based on the chosen products, the total value of your order, and the selected delivery method.
9 - Delivery Issues
- Any defects or delays in delivery (exceeding 5 weeks) must be reported to our Customer Service as soon as possible.
- In cases where the carrier indicates that the delivery has been made, it is not possible to return the product or claim a refund.
If the delivery deadline is not met, you may cancel the order simply by email or registered letter to the following address:
Frédéric Pérat - 76 rue Saint Maur - PARIS - FRANCE
Frédéric Pérat will be obliged to refund you the full amount paid, no later than fourteen (14) days following the date of termination of the sales contract. If you still receive the product after exercising this right, you must return it according to the return procedures outlined in Article 10 below.
You must verify the conformity of the products at the time of delivery and, if possible on the delivery note, indicate any observed anomalies (such as open package, damaged product, etc.) in the form of handwritten reservations accompanied by your signature.
10 - Right of Withdrawal – Returns, Exchanges, Refunds
10.1. Right and Withdrawal Period
In accordance with applicable legal provisions, the Customer has, subject to Article 10.3, a period of 14 (fourteen) days from the receipt of the Product to exercise their right of withdrawal as provided for in Article L. 221-18 of the Consumer Code, without having to provide any justification for their decision.
10.2. Exercise of the Right of Withdrawal
The request for withdrawal should be addressed by the Customer to the artist-author:
- By returning the duly completed and signed withdrawal form to the shipping address of the Product;
- Or through the "Contact" section of our website. You will be asked to provide your name, first name, and order number.
The Products must be returned by the Customer by mail, at their own expense, to the shipping address of the Products or to any other address indicated to them from their Customer Account by the Company, no later than 14 (fourteen) days following the date on which the withdrawal form is sent to the Company by the Customer.
Once your package is received by our services, if everything is in order, we will proceed with the refund of the item.
The return shipping costs will be deducted from the total refund of your order if the product is not declared and verified as defective solely due to the customer.
10.3. Consequences of the Right of Withdrawal
In the event of exercising the right of withdrawal or in case of non-conformity of the Product, you may return the purchased Product(s) and request an exchange or refund under the conditions described in Article 11 below.
11 - Return, Exchange, and Refund Policy
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised if the Products have been unsealed or, more generally, if they have been damaged by the Customer.
- Gift cards
- Gift cards have a validity period of one year (from the date of purchase). After this period, gift cards are no longer refundable.
We only replace items that are defective or damaged. If you need to exchange it for the same item, please contact us via the "Contact" section on our website. Depending on the manufacturer's origin, we will provide you with the appropriate address to send your item.
Our manufacturing process involves print-on-demand companies, which means that all products are unique and manufactured only once ordered. This also means that returns and exchanges are not supported if your customer ordered the wrong size, color, or simply changed their mind.
However, in the case of a damaged product or manufacturing error, our suppliers offer free replacement or refund if you contact us within 30 days of product delivery. Please contact our team using the "Submit Delivery Form" and provide a clear photo showing the problem.
In case of a refund request, it will be processed in accordance with the law, within fourteen (14) days from either (i) the receipt of proof of shipment of the Product(s), or (ii) the receipt of the Product(s), with the date of the first of these events being considered. The refund, including the standard delivery costs of the initial order, will be made using the same payment method used during the order.
Please note that an additional processing time may be applied by your bank for the refund.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
12 - Limitation of Liability
Frédéric Pérat cannot be held liable for any damages that do not result from a breach of Frédéric Pérat's obligations.
The liability of the artist author cannot be invoked if the non-performance or delay in the performance of any of their obligations described in these Terms and Conditions is due to a force majeure event, as defined and recognized by French courts and tribunals.
13 - Applicable Law - Disputes
These General Terms and Conditions of Sale are governed and interpreted in accordance with French law. However, in accordance with Regulation (EC) No. 593/2008 of June 17, 2008, these General Terms and Conditions of Sale do not prevent Frédéric Pérat from complying with any provision that may be more favorable to the customer and cannot be derogated from by agreement, under the law of the customer's habitual residence.
In the absence of an amicable agreement, the consumer has the possibility to submit free of charge a consumer dispute to the consumer mediator to which the professional belongs, namely the Association of European Mediators (AME CONSO), within one year from the written complaint addressed to the professional.
To contact the consumer mediator, you can:
- Fill out the dedicated form on the AME CONSO website: www.mediationconso-ame.com;
- Send a letter to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
These General Terms and Conditions of Sale are translated from French into English. Notwithstanding the above, in the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000:
- You may bring a claim before either the court of the place where you are domiciled or the French courts.
- Frédéric Pérat may bring a claim before the court of the place where you are domiciled.