Article 1 Preamble
Please read the following terms and conditions carefully before purchasing a product from the website. Any purchase of product using this website will be subject to these terms and conditions of sale.
The products available on the website are offered for sale by the company RAUTUREAU APPLE SHOES, a simplified joint stock company with a capital of €5,286,475, whose registered office is 2 rue des Boutons d'Or, 85130 LA GAUBRETIERE, FRANCE, registered in the Trade and Companies Register of LA ROCHE SUR YON under No. B 302 640 008, owner of the FREE LANCE trademark (hereinafter FREE LANCE).
The purchase of FREE LANCE brand products ("the Products") offered for sale on the website https://www.freelance.fr/en/ ("the Website") implies your acceptance of these general conditions of sale ("General Conditions of Sale").
The FREE LANCE Products are exclusively intended to be sold to end consumers who are natural persons, to the exclusion of any resellers or intermediaries acting on behalf of resellers. Consequently, you declare that you are acting as a final consumer and that you do not intend to resell, directly or indirectly, the FREE LANCE Products for commercial purposes, this commitment constitutes an essential condition of the sales contract.
By ordering Products on the Website, you certify that you have the legal capacity to enter into the commitments provided for herein.
Article 2 : Browsing the Website and Account Creation
It is not mandatory to create an account to browse the Website, but the creation of an account is mandatory for the purchase of Products on the Website.
When you create an account, you will be able to add Products to your "Wishlist", save or modify your billing and shipping information, track your orders and returns.
When you register on the Website, you are required to provide us with certain information such as your last name, first name and email address. When you make a purchase on the Website, you must also provide valid credit or debit card information (or other payment methods approved in these Terms and Conditions in article 4) that you are legally authorised to use. We reserve the right to request additional proof or proof of billing information if we deem it necessary. You warrant, by accepting the General Terms and Conditions of Sale, that all information you provide is true, accurate and complete at all times.
Any personal information that you provide to us when using the Website will be treated in accordance with our Data Protection Policy and the law applicable to these General Terms and Conditions of Sale.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Article 3 : Terms and conditions of order
3.1 Wishlist and shopping cart
You can save the items you wish to purchase in your "Wishlist". Once you have created an account, this feature saves your selections when you leave the Website, making it easier to find and purchase registered products. Items will remain in your Wishlist until you add them to your shopping cart, delete them, or until they are no longer available for sale on the Website. This feature does not allow you to reserve a Product.
The shopping cart contains the items you have selected on the Site. Items that you add to your shopping cart will remain there until you purchase, delete or add them to your “Wishlist”. They will remain there even after you have left the Website, unless they are sold out before you complete your purchase, in which case they will be automatically deleted from your shopping cart.
The Products in your shopping cart or "Wishlist" are not reserved to you and are available for purchase by other customers until you have submitted your order in accordance with the procedure described in these General Terms and Conditions of Sale and we have confirmed your order.
3.2 Availability of Products
3.2.1 Products offered on the Website
The Products are offered for sale within the limits of available stocks. Indeed, at the time of the validation of the order, there may be a difference between the computer available stock and the existing physical stock, in particular in the event of simultaneous orders of the same Product by several customers. The sale is therefore subject to the availability of Products in stock. Furthermore, FREE LANCE reserves ownership of the Products until their complete payment in accordance with the provisions of Article 4 of these General Terms and Conditions of Sale.
In the event of unavailability of a Product after you have placed your order, we will inform you by e-mail or telephone as soon as possible, offering you either to order another Product presented on the Website as a replacement, or to cancel your order.
We shall not be held liable in the event that the Products are out of stock or unavailable. We reserve the right to change at any time and without notice the Products offered on the Website.
In order to ensure a better quality of service and availability of our Products to all of our customers, we reserve the right to limit the quantity of Products that may be purchased by a customer, in accordance with the applicable regulatory provisions.
3.2.2 Made to order
Made-to-order is available for some, but not all Products. When made-to-order is available, you can choose the color of the Product from a suggested list. If we decline a make-to-order request, we will cancel your order and notify you by email. If we cancel your order after the amount has been charged to your chosen payment method, we will issue a refund.
You agree and understand that you will have no exclusivity on any made-to-order and that you will have no claim against us or any third party in the event that a creation identical or similar to yours is used or designed by any other person.
3.3 Order procedure
3.3.1 Product selection
While browsing the Website, you can add Products to your selection by clicking on the Product, then selecting your size and "Add to Shopping Cart". You can consult your selection by clicking on the "Shopping Cart" icon at the top right-hand side of the Website, where the following will appear: the photo(s) of the Product(s), the references and colors of the Product(s), the chosen size, its (their) unit price(s) and the sub-total of the shopping cart.
The Products offered for sale on the Website are described and presented as accurately as possible (specifications, illustrations, size, composition, etc.). However, it is recommended that you consult the description of each Product by clicking on "Product Details" in order to learn more about the Product in question, in particular with regard to the characteristics sought, as you alone are responsible for the choice and purchase of a Product. If you have any doubts or queries regarding a Product, you may contact Customer Service.
For any questions relating to the Products and your orders, you can contact our customer service (hereinafter the "Customer Service") by clicking on the "Contact Us" link or by telephone on +33 (0)2.52.65.02.14 from Monday to Friday from 9am to 7pm (Time Zone UTC+1).
After selecting the Product(s), click on "Order" to start the ordering process.
A customer account is required to place an order on the Website:
- If you already have a customer account, you will need to identify yourself at this step by entering your login and password.
- If you do not have an account yet, you will be asked to create one by confirming your email address and creating a password.
Your login and password are strictly personal. Consequently, you agree to keep them secure and never disclose them to a third party. In case of theft or any fraudulent use of your customer account, you agree to immediately inform Customer Service.
Unless proof to the contrary is provided by the customer, the data recorded by the Website constitutes proof of the nature, content and date of all transactions between FREE LANCE and its customers. In the event of a conflict over a transaction carried out on the Website, the data recorded by FREE LANCE is considered as valid proof of the content of the transaction, unless the customer provides proof to the contrary. You can at any time have your account deactivated by sending an e-mail to the following address: firstname.lastname@example.org
3.3.3 Validation of orders placed on the Website
You will have on the one hand to validate your mode of delivery and on the other hand to complete the delivery information necessary for the good expedition of your order: country and delivery address, civility, first name, surname, telephone, and any other information required to process your order. Once this step is completed, click on "Continue".
You will then be able to use your delivery address as your billing address or enter another one. You will then be asked to select a payment method. For more information on prices and methods of payment please refer to the provisions of Article 4 of these General Terms and Conditions of Sale.
You must 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 whose photos are displayed on the Website are faithful to the original Products, variations may occur, particularly due to technical limitations in color rendering on your computer equipment. We cannot be held responsible for any non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site. If you have any questions about the Products, you may contact our Customer Service.
Once completed, your order is sent to us for processing. The sales contract will be formed once we have received your order and confirmed it by email. We will proceed with the shipment of your Product subject to the availability of the Product purchased (as provided above) and actual payment for the Product.
We reserve the right not to accept an order from a customer with whom we are in dispute over a previous order, or if we reasonably believe that such customer has violated these General Terms and Conditions of Sale or has engaged in fraudulent activity, or for any other legitimate reason.
3.3.4 Order summary
A summary of your order will be sent to you by email. This summary will include your billing and delivery addresses, any price reductions, the amount of the delivery, the price of the Product(s), the applicable VAT and the total amount of the order. We advise you to keep this summary.
You will then receive an e-mail confirming the shipment of your order. We make every effort to ensure that our communications are sent to you as soon as possible. We advise you to check your "Spam" folder if you have not received the shipping confirmation e-mail.
Article 4 : Prices and payment methods accepted
All prices displayed on this Website are in Euros and include VAT at the current rate, excluding the countries listed in the table below:
They are applicable during the validation of the order by the consumer for a delivery in a territory of the European Union and Switzerland and do not include the contribution to shipping costs, charged in addition, and indicated before the final validation of the order form. These delivery costs are indicated on the summary page of the order, before the validation and payment of the order.
The Products are invoiced on the basis of the prices displayed on the Website at the time you place your order, subject to availability.
The prices of our Products available on the Website are subject to change. Thus, if you have created a customer account, the prices displayed in the "My Account/My Orders" section of the order summary page correspond to the prices for your previous orders. We are therefore likely to offer for sale the same Product at a different price than the one paid for a previous order. You should therefore check the price in effect at the time of the order, which is indicated when the Product is placed in the shopping cart.
All residents of the European Union or a third country will be charged the amount of VAT applicable to the country of delivery when validating their order.
In the context of relocation of an order or a Product to a country other than metropolitan France, we remind the consumer that he remains the importer of the product(s) concerned. Any customs duties, other local taxes, import duties, or state taxes that may be payable are not the responsibility of the Company. It is the responsibility of the consumer to check with local authorities the possibilities of importing or using the products or services that he plans to send in accordance with the legislation of the country concerned.
4.2.1 Payment by credit card
The payment of your order is made exclusively by secure online payment using your credit card: Visa, Carte Bleue and Eurocard Mastercard.
We have chosen the fully secure payment solution Monetico distributed by the CIC and Crédit Mutuel banks, which uses SSL (Secure Socket Layer) encryption technology to ensure the integrity and confidentiality of data during your payment transaction.
The locked padlock at the bottom right of your browser window ensures that you are in a secure area and that no one can intercept the information you send.
The information you provide on your credit card (number and expiration date) is recorded directly and only on the CIC bank server. All this information remains confidential.
We do not store any information relating to credit card payments.
4.2.2 Payment by Paypal
PayPal is a secure online payment service that allows you to pay for your purchases with a PayPal account.
If you already have a PayPal account, simply enter your email address and PayPal password to complete the purchase.
4.2.3 Payment in 3X at no charge by credit card
You have the possibility to split your payment in three monthly installments without charge if the amount of your order is at least 150€ and is less than 1500€, if the credit card was issued in France and has a validity date of more than 4 months. Maestro, Electron, Cirrus, E-CB, American Express and Cofidis cards are not accepted.
4.3 Anti-fraud measures
The information related to your order is processed by our teams. The purpose of this data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
Article 5 : Delivery and reception of the Products
5.1 Terms of delivery of the Products
5.1.1 Countries and territories of delivery
The Products available on the Site can be delivered:
As an exception to the above, we do not deliver to the following territories: DOM-TOM, Liechtenstein, United Kingdom.
5.1.2 Methods of delivery
The available delivery methods vary according to the country of delivery.
- We deliver by COLISSIMO SUIVI in Metropolitan France and Corsica ;
- We deliver by DHL in Switzerland ;
- We deliver by CHRONOPOST in Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Latvia, Lithuania, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain (excluding Canary Islands, Ceuta and Melilla), Sweden ;
- We deliver by UPS in our FREE LANCE stores in France and Europe, as well as in Cyprus and Malta.
For more information on delivery methods, prices and deadlines, please refer to the page of the Site entitled "Delivery".
The shipping time for a pre-ordered Product will be expressly indicated on the product sheet. In the event of a change in the delivery time, you will be immediately informed by email and/or on your customer account.
5.1.3 Delivery warnings
We remind you that you must make sure that you have mentioned all useful information for the delivery of your order and in particular the obligatory telephone number where you can be reached.
We cannot be held responsible for any data entry errors and the consequences that would result such as a delay and/or a delivery error. In this context, all expenses incurred for the reshipment of the order will be entirely at your expense.
The information concerning the delivery methods are also accessible from the validation page of the shopping cart, as well as on the summary page of the order, before the payment of the latter. No delivery will be made if full payment cannot be received.
We will do our utmost to ship your purchases as soon as possible once the order has been placed, in accordance with the delivery method chosen by the Customer when placing the order. Notwithstanding the foregoing, in all cases, delivery will be made within a maximum of thirty (30) working days from receipt of the order confirmation e-mail, subject to the availability of the Products, as indicated at the time of your order.
In case of absence or delay in delivery, you must contact Customer Service as soon as possible at the number indicated at the bottom of the home page of the Site. In this case, you can either ask us for a new estimated delivery date or cancel the order and receive a full refund.
5.2 Receipt of Products
The risks on the Products are transferred to you upon delivery, i.e. at the moment when you (or any third party designated by you) take physical possession of the Products concerned.
Upon delivery of the order, you will be required to check the conformity and condition of your order in the presence of the carrier and, if necessary, to issue, all useful reserves concerning apparent defects (missing product, damaged package, etc.). Only the damages and anomalies mentioned in the reservations made by the consumer will be considered in the resolution of the dispute by the transport provider.
In addition, it is your responsibility (or any third party that you have designated) to check the number and condition of the Products upon delivery by the carrier. If the package received is open or visibly damaged, or if all or part of the Products in the package are damaged, missing or do not correspond to the order, you (or any third party that you have designated) are invited to refuse receipt of the package or the Products concerned and to issue, in writing, the necessary and sufficiently detailed reservations of use to the carrier (open package, package or item(s) damaged or missing or do not correspond to the order, etc.).
We remind you that in the event of a delivery problem, you must imperatively keep all the elements received as is (packaging and overpackaging included) until complete resolution of your file.
Any failure to comply with the rules defined above may result in the refusal of the transport service provider to take charge of the dispute.
In any event, you also undertake to notify us without delay and at the latest within two (2) working days following delivery via the "Contact Us" section at the bottom of the home page of the Website, to enable us to carry out an investigation with the carrier and/or to exercise recourse with the carrier within the time limits provided for by the applicable regulations, where applicable.
In the event of missing Products, refusal or return of a Product in the above circumstances, we will either refund the Product(s) concerned within 14 days or resend the damaged/missing Product(s).
It is specified that the above provisions do not deprive you of the benefit of the right of withdrawal as provided in Article 6 below or the benefit of the guarantees available to you as provided in Article 8 below.
5.3 Return of Products
You benefit from a right of retraction allowing you to return the Products ordered without any reason under the conditions set forth in Article 6 below.
For any reason for return you are invited to refer to the return procedure indicated on the return page or to contact the Customer Service who will give you the necessary information to satisfy your request as soon as possible and make, if necessary, a new delivery. You will be able to follow the information relating to your return procedures in the tab "My Returns" on your FREE LANCE account.
Each return is inspected by our teams. For it to be accepted, the shoes must be in the condition in which you received them, new and unworn, with their accessories (laces, bag, etc.) as well as in their original packaging. The shoe box must not be used as a transport box, it must be intact on arrival and clean when it is put back on sale.
It is important to be vigilant when trying on shoes. We recommend trying on the shoes on a clean floor, such as carpet or rug, so as not to damage the sole. Returns of shoes with damaged soles that prevent them from being put back on sale will not be accepted.
We reserve the right to refuse a return if all these conditions are not respected, if the product is damaged or for hygienic reasons. In this case, the products will be returned to you.
Article 6 : Right of Withdrawal
You have the possibility, without any reason, to cancel your order within fourteen (14) calendar days from the day of receipt of the Products ordered, the date appearing on the carrier's receipt signed by the Customer as proof. If this fourteen (14) day period expires on a Saturday, Sunday or holiday, it is extended to the first following business day. After this period, you will no longer be able to exercise your right of withdrawal.
This right of withdrawal is exercised without penalty, except for the return costs, which remain your responsibility, except in the case of a proven error on our part.
The procedure described in "5.3 Returns" applies to the return of the goods.
In the event of exercising the right of retraction, the Company will reimburse the consumer within fourteen (14) days following receipt of the return. The consumer will then be reimbursed by re-credit system (secure transaction) in case of payment by credit card.
We offer you the possibility to complete and submit your declaration of withdrawal online by logging into your customer account. You will then immediately receive a confirmation of your withdrawal by email.
You can also send your withdrawal request by contacting our Customer Service or use the model withdrawal form available in the appendix to these General Terms and Conditions of Sale.
Your right of withdrawal cannot be exercised for made-to-order Products, except when such Products are returned because they are defective.
Article 7 : Limitation of liability
We shall not be liable for the breach of any of our obligations if the poor performance of the contract results from a case of force majeure, due to an act or omission on your part, the unforeseeable and insurmountable act of a third party to the contract, or an obstacle beyond our control, which we could not reasonably foresee at the time of signing your contract, and the consequences of which cannot reasonably be avoided or overcome.
Article 8 : Warranties
8.1 Legal warranty of conformity
The terms and conditions of the legal guarantee of conformity are set out in Articles L.217-4 and following of the French Consumer Code.
In accordance with the aforementioned provisions, we must deliver a good that conforms to the contract and be liable for any defects in conformity existing at the time of delivery. We must also be liable for defects of conformity resulting from packaging, assembly instructions or installation when this was charged to us by the contract or was carried out under our responsibility.
According to the article L.217-5 of the French Consumer Code, a good is in conformity with the contract if it :
> Is fit for the use usually expected of a similar good and, where appropriate :
- If it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
>Presents characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
The legal warranty of conformity applies independently of any commercial warranty that may be offered.
On the basis of this legal warranty of conformity you have a period of two (2) years from the delivery of the Product to take action by contacting Customer Service. Where repair of the Product is possible, you have the option to choose between repair or replacement of the Product provided that this does not result in disproportionate costs for us. If you wish to invoke this warranty, you are exempt from providing proof of the existence of the defect during this period.
8.2 Warranty for hidden defects
The terms and conditions of the warranty for hidden defects are set out in articles 1641 and following of the French Civil Code.
In accordance with the aforementioned provisions, we are bound by the warranty because of hidden defects in the item sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it or would only have paid a lower price for it, if he had known about them.
In this case, you have the choice between returning the Product and receiving a refund of the price or keeping the item and receiving part of the price back.
You have the possibility of availing yourself of this provision for a period of two (2) years from the discovery of the defect.
You are required to check that the Products received correspond to the order and, in the event of a lack of conformity or a hidden defect within the meaning of the corresponding legal guarantees, you must contact Customer Service, which will provide you with the necessary information concerning the return of the Products and their replacement or reimbursement. We will exchange or repair the returned Product after receipt and examination of the Product concerned.
8.3 Warranty disclaimer
If the Products returned do not correspond to the Products ordered or do not come from the Website, we will not be bound by our obligations described in articles 8.1 and 8.2 above.
It is specified for all purposes that the legal guarantees do not cover damage or defects resulting from an external cause (accident, shock, etc.) or from a fault on the part of the Customer resulting from use or use that does not conform and/or is unsuitable for the characteristics of the Product. Similarly, this article does not apply if the Products were not purchased on the Site, insofar as in this case the legal guarantees are due by the seller from whom the Products were purchased.
Article 9 : After-Sales Service and Repairability of the Products
Tout Produit bénéficie d’un service après-vente.
For any repair, please contact our Customer Service. We cannot guarantee the repairability of your Product and confirm that no period of availability of spare parts essential to the use of the Products is guaranteed. Nevertheless, we will make our best efforts to satisfy you in the event of a request for one or more spare parts.
Article 10 : Intellectual Property
FREE LANCE owns the domain name " www.freelance.fr ". The Website is an intellectual work protected by intellectual property rights. The Website as a whole, as well as the products sold on it, and each of the intellectual property elements that make it up (such as texts, trees, software, databases, animations, photographs, illustrations, sounds, charters, diagrams, logos, trademarks, drawings and models) are our exclusive property or have been regularly licensed to us. We as well as the persons benefiting from a user license are authorized to use the related intellectual property rights.
The use of all or part of the Website, in particular by downloading, reproducing, transmitting, representing or broadcasting it for purposes other than for your personal and private use, for commercial or non-commercial purposes, is strictly prohibited. Violation of these provisions subjects you to the penalties provided for by French law.
When you use a "Share" function proposed on the Website in order to make discover a Product, an event or a communication of the FREE LANCE brand, you acknowledge and accept that the contents made available for sharing must only be used for purely personal use to the exclusion of any commercial use on web sites or pages and/or any other digital support or material for commercial purposes.
The creation of hypertext links to the Website may only be made with the prior written authorization of a legal representative of FREE LANCE, which authorization may be revoked at any time.
Hypertext links may refer to sites other than the Website. We disclaim all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
We remain free to modify, at any time and without notice, the content of the Site.
Article 11 : Confidentiality and processing of personal data
FREE LANCE, in its capacity as Data Controller, is led to process a certain number of personal data. FREE LANCE implements all the technical and organizational security means in order to ensure the confidentiality and the security of the transmitted personal data, in accordance with the Data Protection Act of 1978 as amended and with the Regulation n°679/2016 known as the General Regulation on Data Protection.
Article 12 : Severability
If one or more stipulations of the present General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
Article 13 : Applicable law and dispute resolution
13.1 Consumer mediation
In accordance with article L.612-1 of the French Consumer Code, any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute that opposes him to a professional. To this end, the professional guarantees the consumer the effective recourse to a consumer mediation system.
In the absence of an amicable resolution you can contact the Association of European Mediators (AME CONSO), within one year of the written complaint sent to us. You can use this service free of charge, wich is available electronically or by post:
- by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
- or by post : AME CONSO, 11 Place Dauphine – 75001 PARIS.
>If you reside in a Member State of the European Union, you can contact the European Consumer Centre electronically by filling in a form on the website www.europe-consommateurs.eu or by post:
CENTRE EUROPÉEN DES CONSOMMATEURS
c/o Centre Européen de la Consommation
>If you reside in Switzerland, you can contact the Institution of E-Commerce Mediation by e-mail at the following address email@example.com or by post:
c/o Konsumentenforum kf
13.2 Applicable law and jurisdiction
The present General Terms and Conditions of Sale are governed by French law.
The attribution of jurisdiction in case of dispute and in the absence of an amicable agreement between the parties, is given to the competent courts of La Roche sur Yon. In the event of a dispute or claim, the consumer shall first contact the Company to obtain an amicable solution.
Article 14 : Language
The present General Terms and Conditions of Sale have been written in French in their original version and translated into English.
In the event that these Terms and Conditions of Sale should be interpreted, only the French version shall be deemed authentic.
Appendix - Withdrawal Form
If you wish to exercise your right of withdrawal - in compliance with the conditions set out in Article 6, you can use the form below:
Attention : RAUTUREAU APPLE SHOES - Return Department - 2 rue des Boutons d'Or CS 10002 85130 LA GAUBRETIERE - FRANCE
I hereby notify you of my withdrawal from the contract for the sale of the following good(s):
- Name(s) and reference(s) of the item(s) :
- Ordered on :
- Received on :
- Order number :
Name of the customer at the origin of the order :
Address of the customer at the origin of the order :
Signature of the customer in case of notification of this form on paper :