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Posted online on May 5, 2025.
These general terms and conditions of sale govern all relationships between the company “LE COLIBRI FRENCHY ” (hereinafter “the Company”), a simplified joint-stock company (SAS) with a share capital of 10,000 euros, having its principal place of business at 77 Rue Henri Simonnet, 63000 Clermont-Ferrand, registered with the Clermont–ferrand under No. 884 731 126, and its non-professional customers.
Website address of the company: “www.lecolibrifrenchy.fr” (hereinafter “the Site”)
Email address: [email protected]
After-sales service: [email protected]
Customer service phone number: 0785310019 (standard rate number) from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m.
Main office mailing address: 77 Rue Henri Simonnet, 63000 Clermont-Ferrand
Prior to any transaction, the Customer declares that they are of legal age and fully capable. They acknowledge having read these general terms and conditions of sale before placing any order and expressly agree to them by clicking the button “I agree to the general terms and conditions of sale and the privacy policy and place an order with an obligation to purchase.”
PREAMBLE
The company Le Colibri Frenchy offers an online sales service for apparel and accessories, including, in particular, T-shirts and accessories bearing the “Le Colibri Frenchy” brand ” (this trademark having been registered with the National Institute of Intellectual Property under numbers 4597574 and 4598280).
The Company sells this category of products exclusively online via its website “www.lecolibrifrenchy.fr”; it does not have any retail locations or stores for these products other than its website. All products sold by the Company are listed on the Website. The Website is accessible to the Customer 24 hours a day, 7 days a week, and year-round, except in the event of maintenance on the Website itself or an Internet outage.
INFORMATION REGARDING THE PROTECTION OF PERSONAL DATA
1. Collection of Personal Data
The personal data collected on the Site is as follows:
2. Cookies
Cookies are used when accessing the Site. Users can disable cookies through their browser settings (though this may result in reduced functionality or service quality).
3. Use of Personal Data
The personal data collected from users is intended to provide the Site’s services, improve them, and maintain a secure environment. More specifically, the data is used for the following purposes:
– the user’s access to and use of the Site;
– managing the Site’s operation and optimizing its performance;
– organizing the terms of use for payment services;
– verifying, identifying, and authenticating data submitted by the user;
– offering the user the opportunity to communicate with other users of the Site;
– providing user support;
– personalizing services by displaying advertisements based on the user’s browsing history and preferences;
– preventing and detecting fraud and malware (“malicious software”) and managing security incidents;
– managing any disputes with users;
– sending commercial and promotional information, based on the user’s preferences.
4. Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses payment services; to provide these services, the Site works with third-party banking and financial institutions with which it has entered into contracts;
– when the user posts information accessible to the public in the Site’s open comment sections;
– when the user authorizes a third-party website to access their data;
– when the Site uses service providers to provide user support, advertising, and payment services. These service providers have limited access to the user’s data, for the purpose of performing these services, and are contractually obligated to use it in accordance with the provisions of applicable regulations regarding the protection of personal data;
– if required by law,requires, the Company may disclose data to respond to claims filed against the Site and to comply with administrative and judicial proceedings;
– If the Company is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may be required to transfer or share all or part of its assets, including personal data. In such cases, users will be notified before personal data is transferred to a third party.
Transfer of Personal Data
The data and the Site are hosted in France on the “www.scaleway.com.fr” platform ” platform and are not transferred outside of France.
Security and Confidentiality
The Company implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Company cannot guarantee the security of the transmission or storage of information over the Internet.
Exercise of User Rights
In accordance with applicable regulations governing personal data, users have the following rights:
– They may update or delete their personal data by logging into their account and adjusting the account settings;
– They may delete their account by writing to the following email address: [email protected] Please note that information shared with other users, such as forum posts, may remain visible to the public on the Site even after their account has been deleted;
– They may exercise their right of access to view their personal data by writing to the following email address: [email protected] . In this case, before granting this right, the Site may request proof of the user’s identity to verify its accuracy;
– if the personal data held by the Site is inaccurate, they may request that the information be updated by writing to the following email address: [email protected];
– Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: [email protected].
GENERAL TERMS AND CONDITIONS OF ONLINE SALE
Article 1 – Entire Agreement
These general terms and conditions set forth the parties’ entire obligations. Accordingly, the buyer is deemed to accept them without reservation.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, including those applicable to in-store sales or sales through any other distribution or marketing channels.
They are available on the website “www.lecolibrifrenchy.fr” ” at any time and are, once again, provided to the customer after purchase on a durable medium issued simultaneously with the invoice or on the back of the invoice. They shall prevail, where applicable, over any other version or any other conflicting document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify these general terms and conditions from time to time. They will be applicable as soon as they are posted online.
Should any provision of these terms and conditions be found to be missing, it shall be deemed to be governed by the practices in force in the distance selling sector for companies headquartered in France.
Article 2 – Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer via the website “www.lecolibrifrenchy.fr.”
These terms apply only to purchases made by buyers located in France and delivered exclusively within French territory. For any delivery outside of France, please send an email to [email protected]
Article 3 – Pre-Contractual Information
3.1 The buyer acknowledges having received, prior to placing an order and entering into the contract, in a legible and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.
3.2 The following information is provided to the buyer in a clear and understandable manner: – the essential characteristics of the good or service;
– the price of the good or service;
– any additional costs for transportation, delivery, or postage, and any other possible charges;
– the date or timeframe by which the service provider undertakes to deliver the goods;
– information regarding the service provider’s identity, mailing address, telephone and email contact information, and its activities; information regarding statutory warranties, the functionalities of digital content, and, where applicable, its interoperability; and information regarding the existence and terms of implementation of warranties and other contractual conditions.
3.3 The seller shall provide the buyer with the following information:
– the seller’s name or business name, the physical address of the seller’s place of business and, if different, the address of the seller’s principal office, the seller’s telephone number, and the seller’s email address;
– the terms of payment, delivery, and performance of the contract, as well as the procedures established by the seller for handling complaints;
– in the case of a sale, the existence and terms for exercising the statutory warranty of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial warranty and after-sales service referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code, respectively; – the term of the contract, if it is a fixed-term contract, or the conditions for its termination in the case of an indefinite-term contract.
3.4 With respect to digital content, the seller shall indicate:
– any relevant interoperability of such content with certain hardware or software of which the seller is or should reasonably be aware.
Article 4 – The Order
The buyer may place an order online, using the online catalog and the form provided therein, for any product, subject to availability.
If a product ordered is unavailable, the buyer will be notified by email. For the order to be confirmed, the buyer must accept, by clicking in the designated area, these Terms and Conditions. The buyer must also select the shipping address and delivery method, and finally confirm the payment method.
The sale shall be considered final:
– after the seller sends the buyer confirmation of order acceptance via email;
– and, in any event, after the seller has received payment in full.
Placing an order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute regarding this matter will be addressed within the framework of a potential exchange and the warranties mentioned below. In certain cases, such as non-payment, an incorrect address, or another issue with the buyer’s account, the seller reserves the right to hold the buyer’s order until the issue is resolved.
The order for this Product will then be canceled and, if applicable, refunded, while the remainder of the order remains firm and final.
For any questions regarding order tracking, the buyer must call 0785310019 (standard rate number) or send an email to: [email protected]
Article 5 – Electronic Signature
The online provision of the buyer’s credit card number and the final confirmation of the order shall constitute proof of the buyer’s agreement to:
– the payability of the amounts due under the purchase order,
– signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the credit card, the buyer is asked to contact 0785310019 (no surcharge) as soon as such use is detected.
Article 6 – Order Confirmation
The seller shall provide the buyer with a copy of the contract, either on paper signed by the parties or, with the buyer’s consent, on another durable medium, confirming the parties’ express commitment.
Article 7 – Proof of Transaction
The computerized records, stored in the seller’s computer systems under reasonable security conditions, shall be considered proof of communications, orders, and payments made between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 8 – Product Information
The products governed by these general terms and conditions are those listed on the seller’s website and indicated as being sold and shipped by the seller. They are offered subject to availability. The products are described and presented as accurately as possible. However, the seller shall not be held liable for any errors or omissions that may have occurred in this presentation. Product photographs are not contractually binding.
Article 9 – Prices
The seller reserves the right to modify its prices at any time but agrees to apply the current prices indicated at the time of the order, subject to availability on that date.
Prices are listed in euros. They do not include shipping costs, which are billed separately and displayed before the order is confirmed. Prices include the VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of products in the online store. Payment of the full price must be made at the time of ordering. Under no circumstances may the amounts paid be considered as deposits or down payments.
If one or more taxes or levies—particularly environmental taxes—are introduced or modified, whether increased or decreased, this change may be reflected in the selling price of the products.
The price is payable in full and in a single installment at the time of ordering.
Article 10 – Payment Method
This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.
To pay for the order, the buyer may choose from any of the payment methods made available by the seller and listed on the seller’s website. Thebuyer warrants to the seller that they have any necessary authorizations to use the payment method they have chosen at the time of order confirmation. The seller reserves the right to suspend any order processing and delivery in the event of a refusal to authorize credit card payment by officially accredited organizationsor in the event of non-payment.
In particular, the seller reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not paid for a previous order in full or in part, or with whom a payment dispute is currently being resolved.
Payment of the purchase price is due in full at the time of order, according to the following terms:
By credit card, PayPal, or Stripe with immediate debit.
Payments made by the buyer will not be considered final until the seller has actually received the amounts due.
Article 11 – Product Availability – Refunds – Cancellation
Except in cases of force majeure or during periods when the online store is closed—which will be clearly announced on the website’s homepage—shipping times will be, subject to available inventory, as indicated below.
For deliveries to mainland France, the delivery time is TEN business days starting from the day after the buyer places the order.
In the event of failure to meet the agreed-upon delivery date or timeframe, the buyer must, before terminating the contract, give the seller notice to perform the contract within a reasonable additional period.
If performance has not occurred by the expiration of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by certified letter with acknowledgment of receipt or in writing on another durable medium.
The contract shall be deemed terminated upon the seller’s receipt of the letter or written notice informing the seller of such termination, unless the seller has fulfilled the contract in the meantime.
The buyer may, however, terminate the contract immediately if the dates or deadlines set forth above constitute an essential condition of the contract for the buyer.
In this case, once the contract is terminated, the seller is required to reimburse the buyer for all amounts paid, no later than 14 days following the date on which the contract was terminated. In accordance with Article L. 242-4 of the Consumer Code, if the seller has not refunded the amounts paid by the consumer, the amounts due shall automatically be increased by:
– the statutory interest rate if the refund is made no later than 10 days after the expiration of the 14-day period set forth above,
– 5% if the delay is between 10 and 20 days,
– 10% if the delay is between 20 and 30 days,
– 20% if the delay is between 30 and 60 days,
– 50% for a delay of between 60 and 90 days,
– and an additional five percentage points for each subsequent month of delay, up to the price of the product, after which the statutory interest rate applies.
If the ordered product is unavailable, the buyer will be notified as soon as possible and will have the option to cancel the order. The buyer will then have the choice of either requesting a refund of the amounts paid within 30 days of payment or requesting an exchange of the product.
Article 12 – Delivery Terms
Delivery is defined as the transfer to the consumer of physical possession or control of the goods. It is made only after payment has been confirmed by the seller’s bank.
Ordered products are delivered according to the following methods: tracked letter, Collissimo Suivi 48H, or via an independent carrier, depending on the size and weight of the products ordered and at the seller’s sole discretion.
No deliveries are made to campgrounds, hotels, post office hold requests, or post office boxes. Products are delivered to the address provided by the buyer on the order form; and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense.
The buyer may, upon request, have an invoice sent to the billing address rather than the delivery address by selecting the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, allowing the package to be picked up at the specified location and within the specified time frame.
If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was open or damaged).
The buyer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any issue regarding the delivery (damage, missing items compared to the delivery slip, damaged package, broken items, etc.).
This inspection is considered complete once the buyer, or a person authorized by the buyer, has signed the delivery slip.
Thebuyer must then confirm these reservations to the carrier by certified mail no later than two business days after receiving the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the website’s legal notices.
Please note: personalized products (including items on which printing, embroidery, or any other customization has been performed at the customer’s request) cannot be returned or exchanged. In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for goods made to the consumer’s specifications or clearly personalized.
Article 13 – Bloctel
The customer may register on a do-not-call list to opt out of telemarketing calls.
Article 14 – Transfer of Risk
The transfer of ownership and the associated risks of loss and damage shall take place only after full payment of the price by the buyer, regardless of the delivery date. Products are shipped at the seller’s risk.
Article 15 – Statutory Warranty of Conformity and Statutory Warranty Against Hidden Defects
The company “LE COLIBRI FRENCHY ” guarantees that the goods conform to the contract, allowing the buyer to file a claim under the statutory warranty of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the warranty against defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code.
In the event that the legal warranty of conformity is invoked, please note that:
– the buyer has a period of 2 years from the delivery of the goods to take action;
– the buyer may choose between repair or replacement of the goods, subject to the cost conditions set forth in Article L. 217-17 of the Consumer Code;
– the buyer is exempt from providing proof of the existence of a lack of conformity of the item for the 24 months following delivery of the item;
– The buyer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between rescission of the sale or a price reduction in accordance with Article 1644 of the Civil Code.
Article 16 – Right of Withdrawal
In accordance with the provisions of the Consumer Code, the buyer has 14 business days from the date of delivery of the order to return any item that does not meet their expectations and request an exchange or refund without penalty, except for return shipping costs, which remain the buyer’s responsibility.
However, products must be returned in their original packaging and in perfect condition within 30 days of the buyer notifying the seller of their decision to withdraw from the contract.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted.
The right of withdrawal may be exercised online using the withdrawal form available on the website “www.lecolibrifrenchy.fr.” In this case, an acknowledgment of receipt on a durable medium will be sent to the buyer immediately. Any other method of declaring withdrawal is accepted. It must be unambiguous and clearly express the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned time limit, the price of the purchased product(s) and the shipping costs will be refunded.
Return shipping costs are the responsibility of the buyer. The exchange (subject to availability) or refund will be processed within 14 days of the seller’s receipt of the products returned by the buyer in accordance with the conditions set forth above.
Article 17 – Force Majeure
Any circumstances beyond the control of the parties that prevent the normal performance of their obligations are considered grounds for exemption from the parties’ obligations and result in the suspension of such obligations.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their cessation.
Any irresistible facts or circumstances external to the parties, unforeseeable, unavoidable, beyond the parties’ control, and which cannot be prevented by the parties despite all reasonably possible efforts shall be considered cases of force majeure. In addition to those generally recognized by the case law of French courts and tribunals, the following are expressly considered cases of force majeure or unforeseeable events: the disruption of transportation or supply chains, earthquakes, fires, storms, floods, lightning, national or international lockdowns imposed in the context of a health crisis or other emergency, the shutdown of telecommunications networks, or difficulties specific to telecommunications networks beyond the control of the customers.
The parties shall consult to assess the impact of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the aggrieved party.
Article 18 – Intellectual Property
The content of the website (technical documents, drawings, photographs, general terms and conditions of sale, etc.) remains the property of the seller, who is the sole owner of the intellectual property rights to such content.
Users of the Site and purchasers agree not to make any use of this content; any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an act of copyright infringement.
Article 19 – Partial Invalidity
If one or more provisions of these General Terms and Conditions are deemed invalid or declared as such pursuant to a law, regulation, or following a final decision by a competent court, the remaining provisions shall remain in full force and effect.
Article 20 – Non-Waiver
The failure of either party to assert a breach by the other party of any of the obligations set forth in these General Terms and Conditions shall not be construed in the future as a waiver of the obligation in question.
Article 21 – Interpretation
In the event of any conflict of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses themselves, the headings shall be deemed null and void.
Article 22 – Language of the Contract
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 – Mediation
The buyer is hereby informed that, in the event of a dispute, they may resort to contractual mediation—in particular through the Consumer Mediation Commission (Commission de la médiation de la consommation) or existing sector-specific mediation bodies—or to any alternative dispute resolution method (such as conciliation).
The company “LE COLIBRI FRENCHY” declares that it falls under the jurisdiction of the CNPM Médiation mediator at 24 Avenue de la Libération, 42400 St Chamond.
Article 24 – Governing Law
These General Terms and Conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer shall first contact the seller to seek an amicable resolution (in this case, at the place of delivery).
APPENDIX 1 – PROVISIONS RELATING TO STATUTORY WARRANTIES
Article 1641 of the Civil Code
The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that so significantly impair such use that the buyer would not have purchased it, or would have paid only a lower price for it, had they known of them.
Article 1648 of the Civil Code
An action arising from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be filed, on pain of forfeiture, within one year following the date on which the seller may be relieved of liability for apparent defects or lack of conformity.
Article L217-4 of the Consumer Code
The seller shall deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for lack of conformity resulting from the packaging, assembly instructions, or installation when the seller was contractually responsible for the installation or it was carried out under the seller’s responsibility.
Article L217-5 of the Consumer Code
The goods are in conformity with the contract:
1. If it is fit for the purpose usually expected of similar goods and, where applicable:
– if it corresponds to the description provided by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
– if it possesses the qualities that a buyer may legitimately expect in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising or on labeling;
2° Or whether it possesses the characteristics defined by mutual agreement between the parties or is fit for any specific purpose sought by the buyer, which was brought to the seller’s attention and which the seller accepted.
Article L217-12 of the Consumer Code
The right to bring a claim for lack of conformity expires two years from the date of delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests that the seller, during the term of the commercial warranty granted to the buyer upon the purchase or repair of movable property, to perform repairs covered by the warranty, any period of downtime of at least seven days shall be added to the remaining term of the warranty.
This period begins on the date of the buyer’s request for service or on the date the item in question is made available for repair, if such availability occurs after the request for service.
APPENDIX 2 – WITHDRAWAL FORM
To the attention of “LE COLIBRI FRENCHY” 77 Rue Henri Simonnet 63000 Clermont-Ferrand [email protected]
I hereby notify you of my withdrawal from the contract regarding the purchase listed below:
Item ordered:
Ordered on: …………………………… (to be completed)
Received on: ……………………………………. (to be completed)
Consumer’s name: …………………………. (to be completed)
Consumer’s address: …………………………………………………………………………………………………………………………………………………………………………………………………………………………….. (to be completed)
Consumer’s signature (only if this form is submitted in paper format)
Date: ……………………………. (to be completed)
This letter must be sent by certified mail with return receipt requested.
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