Between French Poetry, SAS registered with the Registre du Commerce et des Sociétés de PARIS under SIRET number 89086411900015, which can be reached by email by clicking on the contact form accessible via the home page of the Website. Hereinafter referred to as “the Vendor” or “the Company” or “French Poetry”. On the one hand, And the individual using the website, hereinafter referred to as the “User”, and/or purchasing products or services from the company, hereinafter referred to as the “Purchaser”, or the “Customer”. On the other hand, In connection with the use of the https://frenchpoetry.com website, dedicated to sales to English-speaking customers, hereinafter referred to as “the Site” or “the Website”, and in connection with any purchase made on this website. The https://frenchpoetry.fr website, dedicated specifically to French-speaking customers and offering products in French, is not covered by these terms and conditions and is subject to specific terms and conditions. The following has been stated and agreed:

Preamble

The Vendor is a publisher, designer and retailer of physical and virtual Products (sewing patterns, fabrics and haberdashery or sewing-related items) for consumers, available to English-speaking customers via the https://frenchpoetry.com website. The list and description of goods and services offered by the Company can be consulted on the Website.

Article 1 : Purpose

The present Terms and Conditions determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Vendor on the Website. The transfer of ownership of goods purchased from the Vendor by the Customer to a third party shall not be assumed by the Company. Only the original purchaser of the good may claim access to the clauses of the present terms and conditions of sale.

Article 2 : General provisions

The present Terms and Conditions of Sale (TCS) govern the sale of Products or Services, made through the Company’s Internet Website, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order. The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The terms and conditions applicable shall be those in force on the date of payment (or first payment in the case of multiple payments) of the order. These TCS can be consulted on the Company’s website at the following address. The Company also ensures that their acceptance is clear and unreserved by setting up a reminder in the form of a checkbox before the payment validation click. The Customer hereby declares that he/she has read the present Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The act of checking this box shall be deemed to have the same value as a handwritten signature by the Customer. The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

Article 3 : Prices

The prices of products sold through the website dedicated to English-speaking customers, https://frenchpoetry.com, are by default indicated in Euros all taxes included and precisely determined on the Product description pages. The Customer may choose to view the prices in his/her preferred currency by selecting it in a list of available currencies on the Website. Prices in other currencies than Euro are based on European Central Bank change rates refreshed daily, and may include an additional fee to cover the change fees to Euros. Prices are also indicated all taxes included on the product order page, and excluding specific shipping costs. VAT will be subtracted at checkout for customers with a Billing address outside EU,  after typing in the Customer’s Billing Address. Customs duties or other local taxes, import duties or state taxes may be payable. These duties and sums are not the responsibility of the Vendor. They are the responsibility of the purchaser (declarations, payment to the competent authorities, etc.). No refund will be made on these duties and taxes, and payment of taxes is not an acceptable reason for returning an order. The Company reserves the right to modify its prices at any time in the future. Any telecommunication costs incurred in accessing the Company’s websites shall be borne by the customer. Delivery charges for physical products are also payable by the Customer. In the event of delivery of a Product outside the territory of the European Union and French overseas departments and territories, the Customer declares himself to be the importer of the Product and accepts that in such a case it may be materially impossible for the Vendor to provide him with accurate information on the total amount of charges relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Article 4 : Conclusion of online contract

Orders may be placed on the Website by any individual of full age and legal capacity. No orders can be placed by legal entities: this Website is strictly reserved for private individuals. To place an order, the User must create a customer account and fill in all the mandatory fields; otherwise the order cannot be placed. Personal data is used in compliance with the privacy policy. The Customer declares on his honour that all information communicated on the Website, in particular at the time of registration, is accurate and true. He/she undertakes to update his/her personal information on the page dedicated to such information and available in his/her account. All registered Users have a login and password. These are strictly personal and confidential, and may under no circumstances be communicated to third parties, failing which the registered User’s account will be deleted. Each registered User is personally responsible for maintaining the confidentiality of his/her login and password. The Company shall under no circumstances be held responsible for the usurpation of a User’s identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible, so that the latter can take the necessary measures and regularize the situation. Customers may request the deletion of their account on the Website by simply sending a message via the contact form. In this case, no data recovery will be possible. The Vendor also reserves the right to close the account of a Customer who has contravened the present conditions of use (in particular, and without this list being exhaustive, if the Customer provides incorrect information, or if his account has been inactive for more than one year). Such deletion does not constitute damage and may not give rise to a claim for compensation. In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps in order to conclude the contract by electronic means:

  • Information on the essential characteristics of the Product;
  • Choice of the Product and, if applicable, its options – Indication of the Customer’s essential contact details (identification, email, address, etc.);
  • Acceptance of these General Terms and Conditions of Sale;
  • Verification of order details (double-click formality) and, if necessary, correction of errors. Before confirming the order, the Buyer may check the details of the order and its price, and correct any errors, or cancel the order. Confirmation of the order will result in the formation of the present contract.
  • Payment instructions will then follow, followed by payment for the products and delivery of the order. The customer will receive an e-mail confirming payment for the order, as well as an order acknowledgement confirming receipt of the order.

During the ordering process, the customer will have the opportunity to identify and correct any data entry errors. The language proposed for the conclusion of the contract is English. The link to these general terms and conditions of sale is sent by e-mail to the purchaser when the order is placed, and remains accessible on the Vendor’s website at the above address. Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract. For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason.

Article 5 : Products and services

The essential characteristics of the goods and services and their respective prices are made available to the purchaser on the company’s website, together with the product’s mode of use (sizes offered, corresponding measurements, fabrics suggested for information only). Instructions for use are delivered with the product. In accordance with article L112-1 of the French Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and specific conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is that in force on the day the order is placed, and does not include shipping costs, which are invoiced in addition. Any such costs are indicated to the Buyer during the sales process, and in any event at the time of order confirmation. The Vendor reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products or services are not immediately available, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he/she has received details of delivery charges, payment, delivery and contract performance terms, as well as detailed information concerning the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of the present sale. The Vendor undertakes to honour the Customer’s order within the limits of available stocks of Products only. In the event of failure to do so, the Vendor will inform the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Vendor will reimburse the Customer. Contractual information is presented in detail and in the English language. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the offer of Products and their prices is specified on the Company’s websites, as is the minimum duration of the contracts proposed when these concern a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are solely those of the natural person signing the order (or the person holding the e-mail address communicated).

Article 6 : Conformity

In accordance with article L.411-1 of the French Consumer Code, the products and services offered for sale under these GTC comply with current regulations relating to personal health and safety, fair trading and consumer protection. Irrespective of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects in the product. The following may not be considered as hidden defects (non-exhaustive list):

  • The fit of the patterns according to the Customer’s morphology, the pattern being designed for standard sizes whose measurements are clearly indicated on the Website. Not all measurements of the human body can be indicated; if a measurement seems to be missing for the Customer to appreciate the suitability of the pattern, he/she can request it via the contact form. The Vendor is not obliged to give this measurement if he/she does not know it, which he/she will indicate if necessary.
  • Delivery of a cut product in several pieces, provided this information is given in the product description: for example, certain fabrics, ribbons, braids or trimmings cannot be delivered in one continuous piece due to their manufacturing process.
  • Variation in color from one batch to another (from one roll of fabric to another, from one package to another, for example) on separate orders.

In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the French Civil Code), the Vendor will exchange defective products or products that do not correspond to the order.

Article 7: Delivery problems caused by the carrier

Any anomaly concerning delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reservations”, accompanied by the customer’s signature. In the case of a parcel sent by La Poste, if the parcel arrives open or damaged (in particular with the presence of the yellow “La Poste” tape) it is essential that the customer has the letter carrier or the post office establish a “spoliation report” (report 170) so that French Poetry can open an investigation and compensation procedure.

Article 8 : Clause de réserve de propriété

Products remain the property of the Company until full payment has been received.

Article 9 : Delivery terms

Delivery is offered to the following countries and regions:

  • Virtual products: worldwide
  • Physical products : Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Guadeloupe, French Guiana, Hungary, Iceland, Ireland, Israel, Italy, Japan, Reunion Island, Latvia, South Korea, Spain, United States of America, Lithuania, Luxembourg, Malta, Martinique, Mayotte, Norway, New Caledonia, Netherlands, Poland, French Polynesia, Portugal, United Kingdom, Czech Republic, Saint-Barthélemy, Saint Pierre et Miquelon, Singapore, Slovakia, Slovenia, Switzerland, Sweden, Wallis and Futuna.

The following delivery options are available:

  • Download (virtual products only)
  • Tracked mail (small items under 3cm thick and 250g)
  • Tracked and signed Colissimo
  • DHL

Products are dispatched to the delivery address indicated at the time of order within a maximum of 24 hours for virtual products (downloadable) and 15 days for physical products (the usual delivery time is 3 to 4 days). These times do not take into account delivery times by the carrier, which depend on the carrier and the means of transport chosen (times can be consulted on the La Poste website for tracked letters and international tracked and signed Colissimo, and on the DHL website for DHL delivery). In the event of a delay in shipment, the Customer will be offered by e-mail the choice of maintaining or cancelling the order. In the event of late dispatch, the Customer may cancel the contract in accordance with the terms and conditions set out in Article L 138-2 of the French Consumer Code. The Vendor will then reimburse the product and the “outward” costs in accordance with Article L 138-3 of the French Consumer Code. The Vendor reminds you that when the Customer takes physical possession of the products (as evidenced by the tracking of the courier), the risks of loss or damage to the products are transferred to the Customer. It is the Customer’s responsibility to notify the carrier of any reservations regarding the product delivered. If the Customer’s parcel is returned to the Vendor by the Post Office or other postal service, the Vendor will contact the Customer on receipt of the returned parcel to ask him/her what action to take on his/her order. If the Customer has mistakenly refused the parcel, he/she may ask for it to be sent back by first paying the postal charges for the new shipment. Postal charges must be paid even for orders where postage was free at the time the order was placed.

Article 10 : Availability and presentation

If an item is unavailable for more than 7 working days, the Customer will be informed of the foreseeable delivery times and the order for this item may be cancelled on simple request. The Customer may then request a credit note for the amount of the article, or a full refund and cancellation of the order.

Article 11 : Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card, by PayPal (provided that the Customer holds or has created a PayPal account), or by any other means of payment made available on the Website at the time of ordering. Cards issued by banks domiciled outside France must be international bank cards (Mastercard, Visa or American Express). Secure online payment by credit card is carried out by our payment service providers Stripe or PayPal. The information transmitted is encrypted and cannot be read during transport over the network. Once payment has been initiated by the customer, the transaction is immediately debited once the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled. Payment by bank transfer must be accompanied by the order reference number so that the Vendor can identify the transaction. Preparation of the order will only take place after confirmation of receipt of payment on the Vendor’s bank account.

Article 12 : Withdrawal period / Returns and Refund

The Buyer has the right to withdraw from the contract without giving any reason, within thirty (30) days of receipt of the order. If the thirty-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. In the case of a downloadable product (PDF pattern), consultation and/or downloading of one of the pattern files (by clicking on the download link for one of the files) within thirty (30) days of purchase constitutes a waiver of the right of withdrawal. This waiver is expressly specified to the customer at the time of payment and in the order confirmation e-mail. File downloads can be checked by the Vendor via the Website administration area. In the case of cut products (non-exhaustive list: fabric, ribbon, braid, trimmings sold by the metre or by 10cm) or special orders, the right of withdrawal does not apply. Any order of more than four (4) items of the same reference, or any order of items modified or personalized for the customer, will be considered as a special order. The right of withdrawal may be exercised by contacting the Company as follows: sending an e-mail via the contact form expressing the wish to withdraw. The Vendor will then acknowledge receipt of the request and :

  • Withdraws access to downloads for downloadable virtual products.
  • Communicates the return address by return e-mail.
  • The customer is then required to return the item intact (pattern intact, pattern pocket unopened and undamaged) and suitable for resale within a maximum of 14 days.

If the right of withdrawal is exercised within the aforementioned period, and after verification of the integrity of the physical product (including, but not limited to, the pattern sleeve) or the absence of any downloading of files by the Customer (PDF pattern), the price of the product(s) purchased and the shipping costs will be reimbursed, with return shipping costs being borne by the Customer. Products must be returned in their original, complete condition (packaging, accessories, instructions, etc.) and, if possible, with a copy of the purchase receipt. The Customer is responsible for the item until it is received by the Vendor: any damage incurred during transport, in particular due to inadequate packaging, or any loss by the carrier, is the responsibility of the Customer and will not give rise to reimbursement by the Vendor. Return shipping costs are at the Customer’s expense. On receipt of the return, the Vendor will send a confirmation e-mail and refund the Customer using the same means of payment as for the purchase, within a maximum period of fourteen (14) days.

Refunds

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.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at {email address}.

Sale items

Only regular priced items may be refunded. Sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us a message and wait for our confirmation and instructions before shipping the item back.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

Shipping returns

To return your product, you should mail your product to the address given to you by email after filing your return claim.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Article 13 : Warranties

In accordance with the law, the Vendor assumes the following warranties: of conformity and relative to hidden product defects. The Vendor will reimburse the purchaser or exchange products which appear to be defective or which do not correspond to the order placed. The request must be made in the following way: sending an e-mail via the contact form or in response to the order confirmation e-mail. Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the Company from any liability to the consumer. In the event of a false declaration or abusive claim, the Company will send an e-mail contesting the claim and refusing to reimburse the customer. The goods will be kept and returned at the customer’s request and expense. If the above procedure is not respected, no claim for non-conformity or apparent defect of the products delivered will be accepted.

Article 14 : Complaints and mediation

If necessary, the Buyer may submit any complaint by contacting the company via the contact form on its website. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions laid down in Title I of Book VI of the French Consumer Code. In the event of failure to submit a claim to the Vendor’s customer service department, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to reaching an amicable solution.

Article 15 : Rescission of the contract

The order may be cancelled by the purchaser by registered letter with acknowledgement of receipt in the following cases:

  • delivery of a product that does not conform to the order ;
  • delivery more than thirty days after payment;
  • unjustified price increases or product modifications. In such cases, the purchaser may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of collection of the deposit.

Article 16 : Intellectual property rights

Trademarks, domain names, products, designs, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Vendor. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden. The physical or digital products sold on this Website are strictly intended for personal use (by individuals), excluding any use for advertising and/or commercial purposes. Use by a legal entity is forbidden without the written consent of French Poetry.

Article 17 : Force majeure

The performance of the seller’s obligations hereunder shall be suspended in the event of a fortuitous event or force majeure which prevents performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 18 : Nullity and modification of the contract

Should any of the stipulations of the present contract be null and void, such nullity shall not entail the nullity of the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.

Article 19: Protection of personal data

In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements the processing of personal data, the purpose of which is the sale and delivery of products and services defined in this contract. Details of the personal data protection policy are available at this address.

Article 20: Applicable law and clauses

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law. The nullity of a contractual clause does not entail the nullity of the present terms and conditions of sale. In the event of translation, the French version shall prevail.

Article 21 : Consumer information

For the purposes of consumer information, the provisions of the French Civil Code and Consumer Code are reproduced below: Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lesser price for it, had he been aware of them. Article 1648 of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity. Article L. 217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. Article L. 217-5 of the French Consumer Code: Goods conform to the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable : – if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter. Article L. 217-12 of the French Consumer Code (Code de la Consommation): Action resulting from a lack of conformity is barred after two years from delivery of the goods. Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the purchaser’s request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.

Article 22: Legal information

The https://frenchpoetry.com website is a publication of French Poetry, SAS registered with the PARIS Trade and Companies Register under SIRET number 89086411900015. For all information and questions, our Customer Service is at your disposal by e-mail on our contact page.

Article 23 : Liability

French Poetry shall not be liable for any direct or indirect damages of any kind, including but not limited to lost profits or lost data, resulting from the use of the products or its Website. In particular, the Company shall not be held liable for any damage caused to the Customer by an act of computer hacking of the https://frenchpoetry.fr website or its associated e-mail box, hello@frenchpoetry.com, including the loss of personal data and/or the dissemination of information not of its making on the Website or by e-mail. The Company undertakes to ensure the security of its Website and e-mail box in order to prevent any act of computer piracy.