Terms of Sale

1 – GENERAL PROVISIONS 

The General Terms and Conditions of Sale (“T&C”) laid out below are intended to establish a contractual agreement between the company Folks (“FOLKS”), an SAS (simplified joint-stock company) registered at the Lyon Company and Trade Register under the number 834 569 626, and the buyer (the “Buyer”). The present T&C governs the conditions that apply to all sales made through the FOLKS online shop (“Website”), www.folks-folks.com, whether the Buyer is a professional buyer or a private consumer. 

All sales will be considered final on the day the order is accepted by FOLKS (upon receiving confirmation of the order either by email or by text).

All orders of items available for sale on the Website (“Product(s)”) implies the express and unconditional acceptance of the full T&C herein set forth, which shall prevail over any other terms and conditions, unless expressly and formerly agreed to by FOLKS. Furthermore, the French version of the present T&C or any other text on folks-folks.com, will prevail over the English translation. 

FOLKS reserves the right to amend the present T&C at any time. In such cases, the applicable conditions are those in force on the day the order is placed by the Buyer, i.e. the conditions published on the Website on that particular day. 

The purchase of Products is prohibited to minors, as well as people unable to enter into a binding legal contract.

To make a request or obtain additional information regarding the present T&C, we invite the Buyer to send an email to the following email address: hello@folks-folks.com. 

2 – Products 

The descriptions of the Products offered by FOLKS on the Website are accurate, within the limitations of the information provided by our suppliers. However, the information provided in each product description is given as a point of reference and FOLKS cannot be held responsible for any errors that occur in this regard. FOLKS will do its best to rectify any such errors or omissions as soon as possible after being informed of them. 

FOLKS will do its best to ensure that the photographs of the Products on the Website are as faithful as possible to the Products themselves. However, taking into account the digital nature of the visual representations of the Products, and the fact that FOLKS sells handcrafted Products, which are therefore unique pieces, it is possible that the Buyer’s perception of the photographs of the Products does not perfectly match the Products themselves. In any case, the photographs of the Products are only intended to provide guidance and are not legally binding. 

All texts and images presented on the FOLKS Website are reserved worldwide, under copyright and intellectual property rights; any use or reproduction, even partial, is strictly prohibited. 

FOLKS will do its best to honor the Buyer’s request, but the latter must be aware that the Products are available while supplies last at FOLKS or our suppliers. 

3 – Orders

Any order, in order to be considered valid, must be made via the Website. The Buyer declares that they accept fully and without reservation the entirety of the present General Terms and Conditions of Sale by checking the box attesting to this during the checkout process. 

The Buyer guarantees the accuracy of the information that they provide on the Website. Purchases made through the Website are intended only for personal use by the Buyer, or intended to be given away, and not for resale. 

The data recorded by FOLKS constitutes proof of all transactions between FOLKS and the Buyer. 

After placing an order, the Buyer will automatically receive an email or a text confirming that FOLKS has received their order (a summary of the Products ordered). This initial confirmation by email or text does not in any way confirm the availability of the Products ordered. However, any order received by FOLKS is deemed firm and final. 

It is only upon receiving a second email or a text confirming the upcoming shipment of the Products ordered, that the Buyer will receive confirmation of the availability of said Products. 

In the event of total or partial unavailability of the Products after placing an order, the Buyer will be informed via email or text of the partial delivery or cancelation of their order. In such cases, the Buyer will be reimbursed the price of said unavailable Products within fourteen (14) days of being notified of the partial delivery or cancelation of their order. 

4 – Price

Unless expressly stipulated special conditions apply to a sale, the prices of the Products sold on the online shop are those listed on the Website on the day of the order. 

These prices are firm and definitive on that particular date. 

Prices are listed in Euros, all taxes included, including VAT at the legal rate in force, packaging included, excluding delivery fees. 

Said delivery fees for the Products ordered by the Buyer will be shown when the order is placed and before being definitively confirmed.

Prices are guaranteed, subject to typographical errors.

Once an order has been confirmed, the prices and fees will remain available on the Website in the “my orders” section of the “my account” tab.

Furthermore, in the event of an order placed to a country other than mainland France, the Buyer is considered the importer of the concerned Products. Consequently, any customs duties, local taxes, import duties or state taxes which may be payable are not the responsibility of FOLKS and are the sole responsibility of the Buyer. 

5 – Payment

Payment is due immediately upon placing an order, including Products available for pre-order. The Products remain the property of FOLKS until the full payment of the price has been made. 

Payment for the Products must be made by bank card, following the instructions on the payment page.

The full price, including shipping fees, will be debited from the Buyer’s payment card when the order is confirmed.

The Buyer guarantees that they are fully authorized to use the payment card for the payment of their order and that this means of payment will provide access to sufficient funds to cover all costs related to said order.

FOLKS reserves the right to refuse payment, and therefore an order, for any reason whatsoever, and more particularly in the event of a supply problem, or any other difficulty related to the order in question. .

All information communicated by the Buyer to FOLKS is strictly protected and ensures the uniformity and security of every transaction.

In the event of non-compliance of the obligations agreed to under the T&C by the Buyer, and particularly in the event of fraud or any attempted fraud, and any incident related to the payment of the price of an order, FOLKS reserves the right to refuse any order from the Buyer with whom there is such a dispute.

6 – Delivery 

Shipping costs vary according to the country and delivery methods in question, along with the number and format of the Products ordered.

Delivery fees are shown, all taxes included, during confirmation of the order.

These delivery fees are applied in addition to the listed price(s) of the Product(s). Before the final confirmation of the order, the customer will be informed of the full price to be paid. 

As soon as the package is handed over to the shipping carrier, compliance with delivery times depends on the latter. Consequently, if proof of delivery of the package to the shipping carrier is provided by FOLKS, no claim for compensation of any kind whatsoever may be made by the Buyer. 

 

The Products are sent to the delivery address provided by the Buyer during the checkout process. In the event that the Buyer has not provided the correct address (an incorrect or incomplete address), FOLKS cannot be held responsible for any eventual delays or failure to deliver. 

In the event that the Buyer’s order contains several Products, FOLKS reserves the right to send them in multiple installments, which may lead to different delivery times. 

The Products purchased by the Buyer are generally delivered within five (5) to seven (7) working days in mainland France. In all cases, Products are delivered within a maximum period of thirty (30) days starting from the day the confirmation email or text for the order is received. 

In the event that the aforementioned thirty (30) day period is exceeded, the Buyer may request the immediate termination of the sale by registered letter with acknowledgement of receipt to the following address: 2, rue Gaspard André, 69006 LYON, or by email to the following email address: hello@folks-folks.com, and obtain reimbursement of the sum paid upon placing their order. 

The sum paid by the Buyer will then be returned to them without delay, at most within fourteen (14) days of the date on which the contract was terminated. 

In accordance with article 1218 of the French Civil Code, FOLKS may not in any event be held responsible for any delay or non-performance resulting from a case of force majeure as defined under French law. 

Furthermore, upon receiving their order, the Buyer is invited to verify the condition and conformity of the delivered Products. It is therefore the Buyer’s responsibility to open the package in front of the delivery person to verify the condition of the Products. In the event that the Products are damaged or non-compliant, the Buyer may either refuse delivery of the package, or note any abnormalities when signing for the package. In either case, the Buyer must then report any anomalies the same day by sending an email to hello@folks-folks.com. 

If the Buyer does not personally receive the package, they must ask the person in charge of receiving the package to follow the aforementioned procedure. 

No claims will be admissible if the delivery note is signed without reservation. 

Furthermore, the acceptance of transported Products eliminates the possibility of taking any legal action against the shipping carrier for damage or partial loss if, within three days following delivery of the package, national holidays excluded, the recipient has not notified the shipping carrier of their reasoned protests, either by extrajudicial act or by registered letter (article L 133.3 of the French Commercial Code). 

7 –  Right of withdrawal (cooling-off period)

In accordance with the provisions of article L121-20 of the French Commercial Code, the Buyer has a period of fifteen (15) calendar days, starting from the day the Products were delivered, to exercise their right of withdrawal (cooling-off period) without having to provide a reason or pay penalties, as long as the conditions set out below are respected. 

8 – Return process 

The Buyer must return the delivered Product(s) within a maximum period of fifteen (15) days starting from the Buyer’s notification of their decision to exercise their right of withdrawal. 

Returns must be made in their original and complete condition (packaging, accessories, instructions). The Buyer is responsible for the Product’s condition at this point in time. Any damages incurred by the Product at this point may justify the nullification of their right of withdrawal. 

If the order was delivered by the French postal service (Colissimo, Chronopost), the Buyer may return their order via the French postal service to the following address: FOLKS – 2, rue Gaspard André, 69006 Lyon, France. 

The shipping costs are entirely the Buyer’s responsibility. 

Upon receiving the package, FOLKS will verify that the returned merchandise is in perfect condition. No returns or exchanges will be accepted if the returned items have been visibly used or damaged by the Buyer and if this use or damage makes the Products unfit for sale. If a return or exchange is refused by FOLKS, the Products will then be returned to the Buyer, with shipping fees remaining at the latter’s expense. 

If the returned Products are received by Folks within a period exceeding fifteen (15) working days from the notification by the Buyer of their decision to exercise their right of withdrawal, FOLKS reserves the right not to proceed with the exchange or reimbursement of the Products. 

In accordance with the provisions of article L.121-21-8 of the French Commercial Code, the right of withdrawal (cooling-off period) does not apply to: 

– The provision of services that have been fully performed before the end of the cooling-off period and the performance of which has begun after the express prior consent of the consumer and the express waiver of their right of withdrawal;

– The provision of goods made to the consumer’s specifications or that have been clearly personalized;

– The provision of goods likely to deteriorate or expire rapidly;

– The provision of goods which, after having been delivered and by their very nature, are inseparably mixed with other articles;

– The provision of newspapers, periodicals or magazines, except for subscription contracts to these publications. 

9 – Refunds, store credit, exchanges and gift cards

If the conditions set out above in article 7 are met, FOLKS will proceed, depending on the Buyer’s decision, to reimburse the price of the returned Products or issue store credit (a purchase voucher) for exchange, valid for six (6) months on the Website.

In the event that the Buyer requests a refund, FOLKS will make, within thirty (30) days of receiving the returned Products, a bank transfer equivalent to the price of the returned Products and the initial shipping costs, to the bank account provided by the Buyer for this purpose. 

In the event that the Buyer requests a refund, FOLKS will make, within thirty (30) days of receiving the returned Products, a bank transfer equivalent to the price of the returned Products and the initial shipping costs, to the bank account provided by the Buyer for this purpose. 

In the event that the Buyer requests store credit (an exchange), FOLKS will send, within thirty (30) days of receiving the returned Products, a store credit voucher via email that will be valid for one (1) year on the Website, equivalent to the price of the returned Products. 

The Buyer, having benefited from a discount code and wishing to exchange a Product thereafter, will receive a store credit voucher equivalent to the net sum paid upon initial purchase. If the discount is no longer valid or cannot be combined, the difference between the discounted price of the initial purchase and the current price must be paid in order to exchange the purchased Product. 

In the event that an order has been paid for using a promo code, the value of the promo code will be deducted from the amount of the refund or from the store credit issued by FOLKS, proportionate to the number of Products ordered. 

In the event that the Buyer requests an exchange, this request will depend on the availability of the Products in stock. 

The Buyer is informed that following an exchange, the Buyer cannot request a refund for the exchanged Products, but may only proceed with a new exchange or request that store credit be issued.  

When an order has been paid for with store credit, the returned Products can no longer be subject to a refund by FOLKS. Only exchanges of returned Products or the issuance of a new store credit voucher by FOLKS will be authorized. The Buyer is also informed that any store credit issued by FOLKS is neither divisible nor refundable. 

Gift cards purchased on the Website can only be used for the acquisition of Products via the Website.

In the event that the total sum of an order paid for using a gift card exceeds the amount thereof, the remaining balance must be paid by the Buyer via credit card.

However, in the event that the total sum of the order is less than the amount of the gift card, the credit balance of said card cannot be refunded in cash but will remain allocated to the gift card and may be reused for future purchases within a period of one (1) year. 

Dans l’hypothèse où l’Acheteur retourne un Produit acquis au moyen d’une carte cadeau, le remboursement du montant dudit Produit acquis sera recrédité sur cette même carte.

In the event that the Buyer returns a Product acquired by means of a gift card, the reimbursement of the amount of said acquired Products will be credited back to this same gift card. 

In the event of suspected fraud, either in the case where a gift card is issued via an incorrect name or the case of a violation of the rules that apply to gift cards, FOLKS reserves the right to refuse, cancel or suspend the purchase of gift cards along with orders paid for using gift cards. 

10 – Liability 

The Products for sale on the Website comply with current French legislation. FOLKS cannot be held liable in the event of non-compliance with the legislation of a country where the Product is delivered. It is the Buyer’s responsibility to check with local authorities if it’s possible to import or use the Products that they plan to order. 

FOLKS cannot be held liable for any delays or breaches of its obligations provided for under the T&C in the event of force majeure as defined under French law. 

Furthermore, FOLKS cannot be held liable for damages resulting from improper use of the purchased Product.

FOLKS strives to ensure the accuracy and updating of the information published on this Website to the best of its ability, the content of which it reserves the right to correct, at any time and without notice. However, FOLKS cannot guarantee the accuracy, precision and exhaustiveness of the information provided on this site. Consequently, FOLKS declines all responsibility for any interruption of the site, any instances of bugs, any inaccuracies or omissions pertaining to the information available on the Website, or any damages resulting from a fraudulent intrusion by a third party leading to the modification of the information made available on the site. 

11 – Guarantees

The Buyer is entitled to a legal guarantee of conformity and the guarantee against hidden defects, in accordance with the provisions of articles L.211-4 and the following of the French Commercial Code and articles 1641 and the following of the French Civil Code. 

If the Products delivered by FOLKS are nonconforming at the time of delivery or contain a hidden defect, the Buyer is invited to contact FOLKS as soon as possible by sending an email to hello@folks-folks.com or by calling 06 64 86 96 85 or 06 79 54 15 52. 

In this case, FOLKS undertakes, to the best of its abilities, to:

– either replace the Product with an identical or equivalent Product depending on available stocks, 

– or exchange the Product for a Product of equivalent value depending on available stocks, 

– or reimburse the price of the ordered Product within thirty (30) days of the Buyer’s request if replacement with an identical or equivalent Product has proved impossible. 

12 – Intellectual Property 

The content of the www.folks-folks.com Website is protected by copyright and remains the property of FOLKS. Any total or partial reproduction of its content is strictly prohibited. 

The Website that is made available to the Buyer is intended only for their personal, private and non-commercial use. The content of the Website may not be used for any other purpose whatsoever, without the prior, written and express consent of FOLKS. 

13 – Personal data 

FOLKS reserves the right to collect personal information and personal data about the Buyer that’s been provided by them. Such information and data is necessary to the order’s management, as well as the improvement of services and information that we send them. 

This information and data may also be sent to companies that contribute to these relationships, such as those responsible for the performance of services and orders, with respect to their management, fulfillment, processing and payment. 

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations. 

In accordance with the law of January 6, 1978, the Buyer has a right of access, modification, correction or removal of the personal information and personal data relating to them, directly on the Website. In order to exercise this right, the Buyer must contact FOLKS by email (hello@folks-folks.com) or by phone (06 64 86 96 85). 

14 – Applicable law – Settlement of disputes 

FOLKS and the Buyer shall attempt to settle amicably any dispute or claim concerning the present T&C. 

However, in the absence of an agreement within a reasonable timeframe, any dispute relative to the interpretation, execution or termination of an order will be brought before the Commercial Court of Lyon, which will have sole jurisdiction, regardless of the place of delivery and the method of payment otherwise agreed upon by the parties or in the event of a recourse in warranty, multiple defendants or an interlocutory application. 

The applicable law is French substantive law, to the exclusion of all international conventions.