Terms of sale
Preamble:
The website is the property of Flibustier Paris® in its entirety, as are all rights pertaining thereto. Any reproduction, in whole or in part, is systematically subject to the owners' authorization. However, hypertext links to the website are permitted without specific requests.
Flibustier Paris refers to the company:
Flibustier Paris
SAS with capital of €1,050.00
SIREN: 537 937 435 RCS de Bobigny
24 allée circulaire
93600 Aulnay sous Bois
The online store on the flibustierparis.com website was set up by Flibustier Paris, which operates this website. Any order placed for a product appearing in the online store of the flibustierparis.com website implies prior consultation of these terms and conditions. Consequently, the consumer acknowledges that they are fully aware that their agreement to the content of these terms and conditions does not require a handwritten signature on this document, insofar as the customer wishes to order the products presented in the website's store online. The consumer has the option of saving or printing these terms and conditions, it being specified that both the saving and printing of this document are the sole responsibility of the consumer. Prior to placing an order, the consumer declares that the purchase of these products is not directly related to their professional activity, as the purchase is reserved for their personal use. As a consumer, the customer therefore has specific rights, which would be called into question if the products or services purchased through the website were in fact related to their professional activity.
The online store set up by Flibustier Paris as part of the website provides the following information:
legal notice allowing precise identification of the company Flibustier Paris
presentation of the essential characteristics of the goods offered
indication, in Euros, of the price of the goods and, where applicable, delivery costs
indication of the terms of payment, delivery, or performance
the existence of a right of withdrawal
All of this information is presented in French. The consumer declares that they have full legal capacity to commit to these terms and conditions.
1. Acceptance of the terms and conditions
The customer acknowledges that they have read, at the time of placing the order, the specific terms and conditions of sale set out on this screen and expressly declares that they accept them without reservation.
These general terms and conditions of sale govern the contractual relationship between Flibustier Paris and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other terms and conditions contained in any other document, unless expressly agreed otherwise in writing in advance. Confirmation of the order constitutes acceptance of these general terms and conditions of sale.
2. Products
The bracelets, necklaces, rings, and accessories offered by Flibustier Paris on this site are handcrafted in France from natural gemstones (in accordance with our suppliers' specifications), unless otherwise indicated. The photographs illustrating these products, as well as their descriptions, are indicative; slight differences in color, size, and dimensions may occur.
3. Order
Automatic recording systems are considered proof of the nature, content, and date of the order. Flibustier Paris confirms acceptance of the customer's order to the email address provided by the customer. The sale will only be concluded once the order has been confirmed. Flibustier Paris reserves the right to cancel any order from a customer with whom there is a dispute regarding payment for a previous order.
The information provided by the buyer when placing the order is binding: in the event of an error in the recipient's contact details, the seller cannot be held responsible for any inability to deliver the product.
4. Delivery
After confirmation of the order and full payment of the price by the customer, Flibustier Paris undertakes to deliver all items ordered by the buyer to its carrier within a maximum of 6 working days, subject to availability. This carrier is contractually bound by Flibustier Paris to deliver the order to the buyer's address provided by Flibustier Paris. The usual delivery time for mainland France, Corsica, and Monaco is 48 hours. For international deliveries, please allow an additional 3 to 8 days.
For deliveries outside mainland France, the customer agrees to pay all taxes due on the importation of products, customs duties, value added tax, and any other taxes due under the laws of the country receiving the order. Flibustier Paris disclaims all legal responsibility if the customer fails to pay these taxes.
Delivery will be made by the carrier chosen by the customer to the address provided by the customer on their order form.
If the customer wishes to be compensated in the event of loss of the package, they must choose registered shipping with a registration fee corresponding to the value of their order. The maximum compensation offered by La Poste is indicated next to the shipping costs when you view your basket. Under no circumstances will Flibustier Paris refund a lost order sent by a non-registered shipping method.
Any delays caused by the carrier do not entitle the buyer to claim damages from Flibustier Paris.
In the event of apparent defects, the buyer has the right to return the goods under the conditions set out in this document.
Cases of force majeure releasing the seller from its obligation to deliver include, but are not limited to, war, riots, fire, strikes, accidents, and the inability to obtain supplies. Goods are always transported at the recipient's risk. Always check your package upon arrival. You have 48 hours to make any reservations with the carrier in the event of missing or damaged items.
For reasons of availability, an order may be delivered to the customer in several installments. The customer will only pay for one delivery. If the customer wants two delivery locations, they must place two orders, with the associated delivery costs.
Complaints regarding delivery defects must be made within a reasonable time frame. In any case, no complaints will be accepted more than 90 days after delivery.
5. Cancellation and returns
Personalized items cannot be returned or exchanged.
You have 30 days (from receipt of the items) to make up your mind. This period is reduced to 14 days for a refund.
For a refund or credit note, the customer is responsible for the cost of returning the package to our premises. To return a package to us, send it to the following address:
FLIBUSTIER PARIS - 24 allée circulaire 93600 Aulnay sous Bois
If you exercise your right of withdrawal, Flibustier Paris is required to refund the amounts paid by the customer, free of charge, except for a contribution to the shipping costs, which may remain the responsibility of the consumer. Refunds are due within a maximum of 14 days. Refunds are made by crediting the bank account (secure transaction) used to pay for the order. Refunds can also be made by crediting your customer account. Credits are valid for one year from the date of issue.
Only products returned in their entirety, complete, intact, and in perfect condition for resale will be accepted. Any product that has been damaged, stained, or soiled will not be refunded or exchanged.
In the event of abnormal or abusive returns, Flibustier Paris reserves the right to refuse any future orders.
Partial returns, stained, soiled, or broken items will not be accepted and will be returned to you at your expense. It will be impossible to refund you if there is no way to identify the sender (you).
6. Prices
The prices of the Products are those indicated on the website on the date of the order.
Our prices are inclusive of all taxes, except for items intended for export, and are in Euros. The prices indicated on the product sheets do not include shipping.
Prices may be modified without notice in accordance with new tax provisions or in the event of currency fluctuations for imported products or fluctuations in the price of raw materials. The duration of the offer is limited to the date of the order.
The price indicated in the order confirmation is the final price, except in the event of an error by the consumer in the choice of country of delivery, expressed inclusive of all taxes and including VAT for France and EEC countries (exclusive of taxes for other countries).
7. Payment
The price invoiced to the customer is the price indicated on the order confirmation (except in the event of an error by the consumer in choosing the country of delivery) sent by Flibustier Paris.
The price of the products is payable in cash, without discount, on the day of the actual order.
Payment is made by credit card bearing the CB, Visa, or Mastercard logo, or via the PayPal payment system. Sofinco is available for payments in installments.
Online, e-transaction allows you to pay for your order via a bank server in a secure environment (SSL).
Your credit card number is therefore sent to the bank's servers, and your payment is made directly to a bank in a secure environment without going through the store's server, which is all the more important as your number is only known to our banking partner.
The order validated by the customer will only be considered effective once the relevant bank payment centers have given their approval. In the event of refusal by said centers, the order will be automatically canceled and the customer notified by email. Furthermore, Flibustier Paris reserves the right to refuse any order from a customer with whom there is a dispute.
8. Retention of title
Ownership of the products sold will only be transferred to the customer once full payment of the price, including principal and interest, has been made.
However, responsibility for any risks to our products will be transferred to the customer upon delivery of said products.
The purchaser must take out all necessary insurance to cover these risks.
In the event of non-payment for the goods by the due date stated on our invoices, or in the event of the customer's receivership or liquidation, our company shall be entitled to claim ownership of the products sold, in accordance with the legal provisions.
The customer is required to inform us immediately of any seizure to which our products may be subject.
Furthermore, in the event of partial payment, any deposits already paid will be considered forfeited and will remain the property of our company.
In the event of the return of all or part of the goods, any deposits already paid will be retained as damages.
9. Disputes
This contract is subject to French law. Flibustier Paris cannot be held liable for damages of any kind, whether material, immaterial, or physical, that may result from the malfunction or misuse of the products sold. The same applies to any modifications to the products made by the manufacturers. Flibustier Paris' liability shall, in any event, be limited to the amount of the order and cannot be held liable for slight differences in color, size, or dimensions compared to the product description. In the event of difficulties in the application of this contract, the buyer has the option, before taking any legal action, to seek an amicable solution, in particular with the help of:
The Consumer Mediation Center of Judicial Conciliators (CM2C), an approved consumer dispute resolution body and mediator appointed by the watchmaking and jewelry industry:
- by email at the following address: https://cm2c.net
- by regular mail (including an email address, telephone number, and written complaint) to the following address: CM2C - Centre de la médiation de la consommation de conciliateurs de justice, 14 rue Saint Jean, 75017 Paris.
- by telephone at the following number: 01 89 47 00 14.
The User must inform Flibustier Paris of this request without delay. The solution proposed by the mediation service is not binding on either the User or Flibustier Paris.
In accordance with Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union, accessible at the following link: https://webgate.ec.europa.eu/odr/.
Complaints or disputes will always be received with attentive consideration, as good faith is always presumed in those who take the trouble to explain their situations. In the event of a dispute, the customer shall first contact the company to seek an amicable solution.
10. Guarantee
Flibustier Paris guarantees that all products sold are assembled by hand in France unless otherwise stated on the product page. Flibustier Paris also guarantees that the stones and findings selected are manufactured or produced in the country of origin stated on the product page.
The customer has a period of 30 days from delivery to make any reservations or complaints regarding non-compliance or apparent defects in the items delivered, by email via the contact form; or by registered mail with acknowledgment of receipt to the following address: Flibustier Paris, 24 allée circulaire, 93600 Aulnay-sous-bois.
After this period, and if this formality has not been complied with, the items will be deemed to be compliant and free from any apparent defects, and no claims will be validly accepted by Flibustier Paris. If the apparent defect or non-conformity of the item is proven, Flibustier Paris undertakes to replace the item or refund the customer as soon as possible and at its own expense.
This refund will be made within a maximum of 14 days.
1-year warranty
Flibustier Paris guarantees its products for one year from the date of purchase. This warranty is limited to problems related to normal wear and tear. Flibustier Paris cannot be held liable for misuse and/or intensive use of the items by the customer. Under this warranty, Flibustier Paris undertakes to replace, repair, or exchange any defective product. Returns are at the customer's expense.
In any case, Flibustier Paris cannot be held liable for non-compliance with the regulatory and legislative provisions in force in the country of receipt. Flibustier Paris's liability is systematically limited to the value of the product in question, at its date of sale, with no possibility of recourse against the brand or the company that manufactured the product.
In any event, the customer benefits from the legal warranty against eviction and hidden defects (Art. 1625 et seq. of the Civil Code). Provided that the buyer proves the hidden defect, the seller is legally obliged to remedy all the consequences (Art. 1641 et seq. of the Civil Code); if the buyer takes the matter to court, they must do so within a “short period” of discovering the hidden defect (Art. 1648 of the Civil Code). You can contact the store by email at contact@flibustierparis.com  (quick response).
11. Products entrusted to after-sales service
Any product entrusted to the company for after-sales service, diagnosis, or repair, and made available to the customer after notification of the end of the service (by any means: email, text message, phone call, or mail), must be collected by the customer within a maximum of one (1) year from the date of notification of availability.
If the product is not collected within this period:
The company will send the customer a formal notice to collect the product by any means that provides proof of receipt.
If the product is not collected within 30 days of this formal notice, it will be deemed to have been abandoned by its owner.
The company may then, without further formalities:
dispose of the goods as it sees fit (in particular, destroy, recycle, or sell them),
without the customer being entitled to any compensation.
During the storage period, storage fees may be charged from the [Xth] day following notification of availability, according to the current rates communicated to the customer.
The company cannot be held liable for any deterioration due to normal wear and tear or storage constraints beyond a reasonable storage period.
12. Legal information
The provision of personal information collected for the purposes of distance selling is mandatory, as this information is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the French Data Protection Act, the processing of personal information relating to customers has been declared to the French Data Protection Authority (CNIL) under number 1557732. Customers have the right (Article 40 of the law of January 6, 1978) to access, modify, rectify, and delete data concerning them, which they may exercise by contacting Flibustier Paris. Furthermore, Flibustier Paris undertakes not to disclose its customers' contact details to third parties, either free of charge or in exchange for payment.
13. Split and deferred payments
Payment in installments with Alma
Payment in installments/deferred payment is available through our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amount
D+15: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P2X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P3X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P4X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
Fees
When paying in installments with Alma, the Customer does not pay any fees. Except in the following cases:
P3X: 1.31% per transaction
P4X: 1.96% per transaction
Alma is a remote payment manager and issues an electronic certificate that serves as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
Termination
Any termination of the GTC binding the Seller and the customer shall result in the termination of the GTCU between Alma and the customer.