TERMS AND CONDITIONS

The following provisions lay out the general terms and conditions of sale regarding items for sale on the website www.thefrenchparrot.com. Hereinafter referred to as “Company”,

Between,

The company E.BORDG PARENT LTD (hereinafter The French Parrot), limited company with a £1.00 Capital. Registered with The Company House UK, under the number 10668876 . The head office is located at Dickensons Place, London, SE25 5HL, United Kingdom. The publishing director is The French Parrot’s legal representative, contact@thefrenchparrot.com

VAT Number: 265 4198 81

Phone number: 00 44(0)7 951 811 732

Email: contact@thefrenchparrot.com

And,

Any non-commercial, natural person who has reached the legal age of majority, having the legal capacity to enter a contract, (hereinafter “the customer”) making a purchase on the website.

The website is hosted by : OVH – 2 rue Kellermann – BP 80157 59053 ROUBAIX CEDEX 1

Article 1. Object

The purpose of the present general terms and conditions of sale is to define the conditions for long-distance sales exclusively between “The French Parrot” brand, firstly, and, secondly, any non-commercial, natural person who has reached the legal age of majority (hereinafter “the customer”) making a purchase on the site.The present conditions are written in English. They especially specify the different steps necessary to the placement of the order by the customer, the conditions of payment and delivery, and the follow-up to the customer’s order.

Article 2. Prices

The prices applied to the products are displayed on the website and confirmed with the customer upon confirming the order. The prices of products are shown in Euros or Pounds with VAT included, including delivery costs for any European countries – delivery cost are 15€ for any other country; it being specified that the value-added tax is the current one in mainland United Kingdom the day of validation of the order. The products remain the property of the seller until the seller’s price has been fully collected. The transfer of the risks of loss and damage to the customer takes effect after delivery and when the customer receives the product.

We reserve the right to modify our prices at any time but we commit to applying the rates shown on the website at the time of your order.

We inform you that in the case that there is a price listing error, where the price is extremely low, whatever the reason (computer virus, manual error, technical error) the order, despite our validation, will be cancelled. You will be notified of the cancellation as soon as possible. You will then be able, if you wish, to redo your order with the correct and exact price.

Article 3. Order Process

The customer makes the order by following these five steps:

Step 1: The customer adds the chosen items to the cart after choosing the model and the desired color. The cart is available at any moment for changes and order validation. Located at the top right of the screen, the cart informs the customer that the selected items have been saved by showing the number of products in it.

Step 2: The customer verifies the details of his or her cart which can still be modified at any moment. The customer then validates the order. At this stage, the total order amount including taxes contains the price for items and the delivery.

Step 3: The customer creates a customer account by completely entering his or her details (delivery and billing information). (*)Fields marked
with an asterisk (*) are mandatory fields; it must be specified that, unless stated otherwise by the customer, the billing address will automatically be the same as the delivery address.

Step 4: When validating the order summary, the customer expressly accepts the general terms and conditions of sale currently in place on the website.

Step 5:  The customer is then redirected to the secure payment site where payment details can be entered. The payment is made online by credit card or Paypal. The customer will finalize acceptance upon verifying his or her bank details (credit card number, expiration date, and CVV). The customer will have to enter his or her credit card number, its validity date, and the 3 CVV digits on the back of the card. If the payment is accepted, the customer will be redirected to an order confirmation screen on the website. If the payment fails to go through, the customer has up to five chances to re-enter the correct bank information. Upon being refused five times, the customer will be redirected to a screen on the website, which explains the payment failure. When a customer places an order, it implies complete and unconditional compliance with the present terms and conditions of sale. Note that the customer is charged when the order has been validated and not when the item has been mailed.

3.1 Order Confirmation

Within an hour of making the order, the customer will receive a confirmation email with:

  • record of the order

  • the details concerning the items ordered

  • the total price

  • delivery costs

  • calculation of shipping and delivery dates

  • the chosen method of payment

The French Parrot reserves the right to invalidate the order for:

  • abnormal or fraudulent complaints,

  • unusual orders regarding quantities ordered,

  • abnormal or fraudulent exchanges and returns,

  • ongoing dispute(s) with the customer

  • suspicious billing information used

3.2 Archiving Orders

The details of the order are archived in accordance with article L.134-2 of with French Consumer Code, for a period of ten years on a secure server. However, no credit card number shall be retained.

Article 4. Terms of Payment

4.1 Payment by credit card

The payment is made online, in euros or pounds, by credit card or Paypal. The following payment cards are accepted: Carte Bleue, Visa, Mastercard. The customer’s bank account which corresponds with the credit card used for the payment is charged the day that The French Parrot confirms the order. In the event of payment failure, a wrong address, or any other problem pertaining to the customer’s account, The French Parrot reserves the right to block the order until the problem has been resolved.

4.2 Securing Payment

All purchases made on the website are protected and secured 7 days a week, 24 hours a day. By clicking on any credit card, the customer is directed to the secured payment website Stripes which uses the widely recognized standard of security technology, SSL. Upon payment, the customer shall indicate his or her card number, the validity date, and the CVV code on the back of the credit card. This information is automatically transmitted in encrypted form (SSL protocol) so that it is checked for abusive and fraudulent material.

Article 5. Delivery

5.1 Delivery Areas

The French Parrot delivers any order to mainland United Kingdom and, following specific conditions, worldwide.

5.2 Delivery Methods and Times 

Home delivery:

For all orders delivered in France and Europe, the deliverer will be Chronopost or Colissimo, or DPD group or UPS. For all orders delivered outside Europe, the deliver will be DHL express or Royal Mail or UPS. Home delivery- your package will be hand-delivered to you and signed for upon receipt for all orders over 150 euros. If you are not home, you can select a new delivery date or availability in a pick-up point or near-by post-office. For orders less than €150, the delivery will be mailed through the “post office” without signature upon receipt.

5.3 Delivery Costs

The delivery costs are offered in Europe, and 15€ for any delivery outside the European Union.

5.4 Conformity with order

Upon receiving the item, it is the customer’s responsibility to ensure that the order is correct.
Any irregularities concerning delivery such as:

  • damaged package,

  • missing products,

  • degraded products,

  • products not in compliance with the order,

Must be reported within the legally required term, after receiving the order, and by certified letter or by email to: contact@thefrenchparrot.com. If the items received do not comply with the order, the customer may file a complaint by email or certified letter to receive a “return voucher” free of charge. The incorrect item will then be sent back to the following address: The French Parrot, Dickensons Place, London, SE25 5HL, United Kingdom. To receive a complimentary return voucher, you can write to contact@thefrenchparrot.com. You will be provided with a printable voucher. The customer should then print it, paste it to the package, and drop the package off at the post office or at a “pick-up point” near your address. Any delivery sent by the customer without first submitting a written request to the email address contact@thefrenchparrot.com will not result in a refund for delivery costs concerning this return. The customer is advised to take care of the packaging and to protect the product well enough so that it does not get damaged during transportation. Items must be unworn.

5.5 Product Compliances- Warranty for hidden defects

Products deemed non-compliant are consistent with these criteria:

  • Model error (for example, ordered Bismarckia bag but received Plumeria)

  • Color error (for example, ordered Black Bismarckia bag but received Blue Bismarckia bag)

  • Model received does not look like model advertised

  • Overall quality subject to validation by customer service and photos sent. 

The good must:

1.
– Be fit for the use and purpose for which goods of the same type are normally used: 
– Match the description provided by the seller and have the features that the seller presented to the buyer through sample or model; 
– Have the features that a buyer might reasonably expect in view of public statements made by the seller, by the producer, or by a representative, especially in advertising or labeling;

2.
– Or present the distinctive features defined by the concerned parties through mutual agreement or be suitable for any particular purpose sought out by the buyer who was supplied relevant information by the seller and the seller accepted. 

Returned items must be unworn, unused, and in their original packaging (the box containing the purse must be in excellent condition). They must be accompanied by the receipt. It is the customer’s responsibility to provide proof of purchase for the return. 

The customer may request The French Parrot: 

  • either to deliver a product identical to the one ordered, while supplies last; 

  • or to deliver a product equivalent in quality and price, while supplies last; 

  • or to be refunded the price of the ordered product and any initial delivery costs. This refund will be made within 15 (fifteen) days of reception of the returned item at The French Parrot, by crediting the customer’s bank account which was used for payment of the order. 

The French Parrot will cover the costs of returning the ordered item delivered to the customer as well as the optional delivery of another product.

Complimentary returns are restricted to shipments from mainland United Kingdom. In any case, these provisions do not strip the customer of the possibility of exercising his or her right to cancel a sale as indicated in article 6 below.

Article 6. Right to cancel a sale and Return of ordered items

6.1  The customer shall have a period of 14 days upon receiving the ordered items to exercise the right to cancel the sale without having to justify reasons or pay penalty fees. 

To return a product, the customer should only send an email to the following address: contact@thefrenchparrot.com

The email must contain the following:

  • Title: “Product return”

  • Order number

  • The customer’s last name

  • Delivery address

  • Email address associated with the order

If the customer uses his or her right to cancel the sale, The French Parrot will promptly send acknowledgment of receipt of cancellation. To get a complimentary return voucher, you can write to: contact@thefrenchparrot.com. You will be provided with a printable voucher. The customer should then print it, paste it to the package, and drop the package off at the post office or at a “pick-up point” near your address.

Complimentary returns are restricted to shipments to mainland United Kingdom. Any shipment sent by the customer without first filling out a return request will not result in a refund for the delivery costs of the returned item. The customer will be responsible for these costs.

6.2 Returned products must be new, unused, and, if applicable, in their original box. Returned items must be unworn, unused, and in their original packaging (the box containing the purse must be in excellent condition). If any returned item is soiled or damaged by the customer, it will not be accepted. Upon receiving the package, The French Parrot will determine if the returned product is in as-new condition. No return will be accepted if returned items have been visibly used or damaged by the customer, this use and damage rendering the product unsuitable for sale. If The French Parrot does not accept the returned item for the above reasons, the item will be then returned to the customer at his or her own expense. The customer may not demand any type of compensation or refund eligibility except, at a later date, when exercising warranty rights on sold products.

Article 7. Complaints – Information

For any information, questions or advice, The French Parrot’s customer service is available to the customer by email at this email address: contact@thefrenchparrot.com

Article 8. Personal information

8.1 Information submitted by the customer on the website and needed for processing and delivering orders, are reserved exclusively for The French Parrot or its partners following the customer’s express consent. In accordance with the amended Data and Liberties Law of January 6 1978, in respect to data processing, files and liberties, the customer has the right to access, to modify, to correct, and to delete information concerning him or her. To exercise this right, the customer must make the request by email to the following email address: contact@thefrenchparrot.com or by mail to The French Parrot, SE25 5HL, United Kingdom.

8.2 The customer can subscribe to The French Parrot newsletter and choose to be regularly notified about discounts provided by the brand. The customer can unsubscribe at any time by clicking on the link provided in every issue. 

8.3 Certain pages of the website may contain web beacons that count the number of visitors to the website and/or provide The French Parrot with a certain number of indicators. These web beacons might be used by some of our partners especially to measure and improve the efficiency of the website. In any case, the information obtained that collect statistics about the number of visits to some of the web-site’s pages. This is done to serve our customers better.

Article 9. Intellectual property rights

All components of the website, whether visual or audio, including its underlying technology, are the exclusive property of The French Parrot and are subject both to copyright protection and protection afforded by provisions regarding trademark and patent rights. Reproduction in part or in full of any of these components whatsoever, on any medium whatsoever, and for any reason whatsoever, without the prompt and prior consent of The French Parrot, is strictly prohibited.

Article 10. Force majeure

In case of force majeure as defined by current law, fulfillment of The French Parrot services will be suspended in whole or in part. Force majeure means any external, unpredictable, and insurmountable event preventing The French Parrot from executing its contractual obligations. In case of the occurrence of an event described as force majeure in the preceding paragraph, The French Parrot commits to informing the customer as soon as possible.

Article 11. Limitation of liability

Placing an order implies knowledge and acceptance of the distinctive features and limits of the Internet, particularly concerning technical performance, the response time for consulting, examining, and forwarding information, the possibility of interruptions, and, more generally, the inherent risks in connecting to, transmitting information on, the internet, the absence of certain information against potential misuse, and the risks of contamination by potential viruses circulating on the internet. Consequently, in no circumstance would The French Parrot be held liable for any damage directly or indirectly stemming from any interruption, malfunction, or any direct or indirect damage which would result in some fashion from connecting to the website. It is the responsibility of anyone who logs on to the website to take all appropriate measures to protect his or her personal information and/or stored software on his or her computer hardware against any attack. The connection to the website of any person shall be subject to their full liability. The liability of The French Parrot in respect to any product bought on the website is strictly limited to the purchase price of that product. The French Parrot will in no way be liable for the following losses, regardless of their origin:

  • loss of income or sale

  • loss from operations

  • loss of profits or contracts

  • loss of savings

  • loss of information

  • time-loss injury and operating loss

  • damage to image

  • loss of opportunity

  • moral damage

Documents, descriptions, and information related to products featured on the website are not covered by any guarantee, express or implied, except for guarantees provided for by the law. The French Parrot is only responsible for delivering products in compliance with contractual provisions. The products are considered as in compliance with contractual provisions if the following conditions are met: they must follow the description and possess the distinctive features displayed on the website; they must be adapted for the purposes for which products of this kind are designed; they must respond to quality and resistance standards, which are generally agreed upon for products of the same nature and which could reasonably be expected.

Article 12. Amendments to the present general terms and conditions of sale

The present general terms and conditions of sale shall be applied as long as they appear on the site www.thefrenchparrot.com. The French Parrot reserves the right to change them at any time. The new terms and conditions of sale will be applied only to orders placed after this modification.

General terms and conditions of sale last updated: November 2020

Article 13. Disputes – Applicable Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

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