Terms and conditions of sale

www.francestampphilatelystore.laposte.fr

ARTICLE 1 IDENTITY OF THE COMPANY

La Poste is a French société anonyme (French public limited company) with a share capital of EUR 5,857,785,892, registered with the Paris Register of Companies under company No. 356 000 000. Registered office: 9 rue du colonel Pierre Avia, 75015 Paris, France

Intra-Community VAT No.: FR39 356 000 000.

Registration number under the EPR for household packaging: FR210044_01YWFH

ARTICLE 2 PURPOSE OF THE CONTRACT 

The purpose of these Website Terms and Conditions of Sale is to define the contractual relationship between the Customer and La Poste. These Website Terms and Conditions of Sale shall apply to all purchases made on the Website (see the terms and conditions of acceptance of these GTCs indicated in article 4 below). 

The Products available on the Website are intended exclusively for customers residing outside metropolitan France (including Corsica) and the French overseas départements and territories (DROM-COM). More specifically, the Products are sold for collection purposes. 

For the avoidance of doubt, it is specified that, apart from the sending of postal items from metropolitan France (including Corsica) and the French overseas départements and territories (DROM-COM), the franking Products sold on the Website may under no circumstances be used for international or foreign domestic shipments. 

If franking Products sold on the Website are used from Metropolitan France (including Corsica), the Customer is hereby informed that the current terms and conditions of sale applicable to La Poste’s Mail and Parcel services will apply to them. 

The Customer may consult excerpts from the provisions of the terms and conditions of sale applicable to La Poste’s Mail and Parcel services by clicking here. The full version may be consulted here.

ARTICLE 3 DEFINITIONS

“E-mail Address”: refers to the e-mail address used as an identifier for the Customer’s Account with La Poste when creating an Account on the Website and to which the Customer will receive, in particular, the registration confirmation e-mail and any subsequent notification (alerts, acknowledgements of receipt, etc.).

“Customer”: means any individual who purchases Products on the Website.

“Account”: means the La Poste account opened by a Customer, enabling the latter to login (by entering their E-mail Address and their Password), to access a Customer Area and to purchase Products on the Website. This account consists of the Username, the Password and all the Customer’s personal data and preferences.

“Customer Area”: refers to the online personal area reserved for the Customer, enabling them to manage their account, personal data and preferences, view order tracking and retrieve invoices, all from the Website.

“Username”: refers to the E-mail Address chosen by the Customer to log in to, and access, the Website.

“Identification”: refers to the procedure enabling the Customer to be uniquely identified.

“Password”: refers to the confidential code given by the Customer which, together with a Username, enables the Customer to access their Account. The password is a sequence of characters entered by the Customer, which then constitutes their personal, exclusive and confidential code. It consists of a minimum of eight (8) characters, including at least one letter and one number.

“Products”: refers to all the tangible products that may be ordered on the Website.

“Website”: means the website published and operated by La Poste, accessible in particular from the URL www.francestampphilatelystore.laposte.fr and enabling Customers to purchase Products online. 

“GTCs” means these Terms and Conditions of Sale (also referred to as the Agreement) for the Website (including any document that is expressly incorporated herein by reference), any special terms and conditions indicated by La Poste and any amendments thereto. 

ARTICLE 4 TERMS AND CONDITIONS OF USE – ACCEPTANCE OF THE GTCs AND OPERATION OF THE WEBSITE 

4.1 Access to the Website – Availability 

Except in the events of force majeure referred to in article 14 below and during maintenance periods, La Poste shall make its best efforts to ensure the Website is available and accessible on a 24/7 basis.

All equipment, communication and other costs and expenses, which are required to connect to, access and use the Website with a view to accessing to and purchasing the Products, are and remain payable by the Customer. 

Each Customer undertakes not to hinder the proper operation of the Website in any manner, notably by forwarding any item likely to contain a virus or to damage or affect the Website and, more generally, La Poste’s and/or its partners’ information systems. Each Customer acknowledges that it is aware of, and understands, Internet and its limits and, in particular, its functional characteristics and technical performance, the risks of interruption, the response times to read, query or forward information, and the risks, whichever they are, which are inherent in any transmission of data, particularly on open networks. 

La Poste may not be held liable for errors or for deteriorations that may occur during the transmission of information, where such events result from third party networks or from a Customer’s failure or negligence. 

4.2 Creation of an Account 

An Account is required in order to make a purchase on the Website. 

The Customer will be invited to create an Account on the Website when placing their first order. 

The Customer undertakes to provide accurate and up-to-date information when they create their Account. Thus, only the Customer is responsible for any consequences related to inaccurate information. The Customer may access to, and modify, their personal information by logging in to their personal area and accessing the “Profile” section. 

A Customer who already has an Account shall login using their Username and Password. 

If the Customer becomes aware of an unauthorised use of their Account, they must notify La Poste thereof without undue delay. 

4.3 Acceptance of these Terms and Conditions of Sale 

Acceptance of these Terms and Conditions of Sale is a compulsory prerequisite. Acceptance results, for the Customer, from the reading of these Terms and Conditions of Sale, as suggested to the Customer, and the ticking of a box to confirm acceptance of the Terms and Conditions of Sale when purchasing a Product on the Website. 

La Poste reserves the right to make changes to the Website and the Products and, as a result, to the GTCs at any time. The Customer will be required to accept the new GTCs if they want to continue to make purchases on the Website. Changes made to the Website, the Products and/or the GTCs, if any, shall not apply to orders for Products that were confirmed prior to the effective date of those changes.

ARTICLE 5 ORDERS – PRICE – PAYMENT 

5.1 Orders

The maximum value of a shopping cart is one thousand five hundred euros (€1,500).

If a Customer wishes to make a purchase on the Website, they must make their selection and add their Products to the cart.

Products are sold on the Website while stocks last, it being specified that (i) it will be specified on the Website if certain Products are out of stock (e.g. certain Products may be limited editions and will be sold while stocks last) and (ii) certain Products may be purchased in limited number per order, as indicated on the Website. 

Once the Products are selected, the Customer may confirm the content of their cart and finalise the order. The order will not be recorded before the last confirmation on the order summary page.

In accordance with the double-click method, the Customer’s consent is validated by clicking the confirmation of order.

At this point, the Customer is redirected to a page inviting them to enter their contact details. In order to pay for their order, the Customer must pay the amount of their order and the delivery charges by bank card on the Website.

As soon as payment has been made and validated, an order payment confirmation page is displayed. This page contains a summary of the order.

In parallel, an order confirmation e-mail is sent to the Client’s E-mail Address within a maximum of 24 hours from the confirmation of the order. Customers can track the status of their order via their Customer Area.

La Poste reserves the right to block an order, especially in case of suspicion of fraud or proven fraud (compromise of credentials, etc.), under the conditions set out in article 16 “Termination – Breach” of these terms and conditions. In this case, the Customer will be notified of the reasons for said blocking by e-mail sent to the Customer’s E-Mail Address within a maximum period of 72 hours from the blocking of the order, and the Customer will be given the opportunity to contest the decision of La Poste.

Electronic invoices are made available to the Customer in PDF format in their Customer Area. For further information on electronic invoices, the Customer may consult the “Online Help” section accessible on the Website. 

The Customer’s account will be debited for the corresponding amount only once:

-          The details of the bank card used have been verified; and

-          The debit has been accepted by the bank that issued the bank card.

Where applicable, the order validated by the Customer will only be considered effective once the secure bank payment centre has given its agreement to the transaction.

5.2 Product prices – Taxes and customs duties

5.2.1 Product prices 

The prices of the Products are available on the Website. Prices are indicated in Euros.  Prices are subject to change at any time. Price changes will not be applicable to orders for Products confirmed prior to the effective date of said price changes.

La Poste also reserves the right to offer preferential rates. These advantages will be presented on the Website or communicated to the Customers by any other means. These advantages and preferential offers may be subject to conditions of validity which will be presented on the Website or communicated to the Customers by any other means. 

The applicable prices are those which are current at the time the order is validated. Prices are indicated inclusive of tax for Products subject to VAT and net of tax for Products not subject to VAT. The prices displayed for the Products do not include delivery costs, which vary according to the destination.

The total amount owed by the Customer is indicated at each stage of the purchasing process, in the shopping cart summary, as well as on the order confirmation page. 

For all Products sent within the European Union, the applicable VAT rate is the one that prevails in the country of the Customer. 

For all Products sent outside the European Union, the price will be displayed excluding tax in the shopping cart and on the invoice. 

The Customer is solely responsible for paying the costs, surcharges and bank charges associated with the payment made by the Customer on the Website. 

Customs duties or other local taxes or import duties or state taxes may be payable. These shall be borne by the Customer as indicated below.

5.2.2 Taxes, customs duties and other expenses 

The Products will be considered delivered once they have been handed over against signature.

Duties and taxes of any kind may be applied at the discretion of the customs authorities of the country of destination. It is the responsibility of the recipient of the goods to obtain information from the competent authorities about the nature and amount of the duties and taxes for which they will be liable on receipt of the Products. 

If the Products are to be returned:

-          It shall be the Customer's responsibility to contact the customs authorities and the postal operator in the country of destination to find out about the applicable procedures for the reimbursement of these costs;

-          The Customer will also have to complete the customs formalities specified in article 12 below so that the shipment is not considered to be a new imported shipment. If the Customer fails to do so, La Poste shall be liable for customs duties, which it shall request the Customer to reimburse.  

5.3 Terms of payment of the products on the website

Payment in euros may only be made on the Website by bank card.

La Poste reserves the right to adapt the payment methods offered on the Website at any time and without prior notice.

The accepted bank cards are listed on the Website.

Bank details are stored in accordance with the legal provisions in force. For any payment by bank card, the Customer guarantees that they are the cardholder or that they have the cardholder’s express authorisation to pay for the purchase made. Any fraudulent use of a bank card will result in the termination of the Account under the conditions detailed in article 16 hereof.

Certain security measures may be implemented by the banks to secure the payment of the order, such as the ‘3DSecure’ technology. This secure payment process will be implemented in certain cases depending, for example, on the amount of the payment.

ARTICLE 6 ROUTING AND DELIVERY

La Poste offers the Customer a tracked delivery method for international deliveries. The total cost of delivery of the Products and the delivery times shall be indicated to the Customer when the order is placed. 

Shipping costs are set according to the conditions specified in the attached table.

The countries corresponding to the above geographical areas are indicated here.

The Customer will receive the Products ordered within a maximum of thirty (30) days from the date of placing the order on the Website. 

Delivery times are understood as excluding any detention of goods by the customs authorities. In the event of high demand, the Website may extend these delivery times in order to guarantee the quality and security of shipments. La Poste will inform the Customer, by sending an e-mail to the Customer’s E-mail Address, of any delay in delivery as soon as possible after becoming aware of the delay. 

In addition to metropolitan France (including Corsica) and the French overseas départements and territories (DROM-COM), the following destinations are not served: click here,

Parcel tracking:

The order will be dispatched with tracking which is accessible via the Website or via the carrier’s site. 

Once the parcel has been prepared and dispatched, an e-mail confirming dispatch of the order will be sent to the Customer. 

The Customer will also receive a tracking number and a hyperlink enabling them to follow their parcel. It is possible to follow the main steps of the journey of the parcel.

La Poste has an obligation to use reasonable endeavours to make tracking available. 

Parcel tracking is available until the parcel leaves French territory (place of dispatch) for all destinations. For certain destinations, tracking is available until delivery: further information is available on Offre International | Colissimo (laposte.fr) . 

All parcels sent via La Poste are subject to air and/or maritime security screening rules laid down by the airlines and shipping companies. These rules may involve opening the parcel. In addition, a parcel, due to its content in particular, may be refused for air, sea or road transport, and therefore be returned to La Poste without La Poste being held liable in this respect.

The screenings will in any event take place in accordance with and within the limits of what is necessary for the application of the laws and regulations applicable in such matters. Delivery of the parcel shall take place at the address indicated by the Customer against the signature of the person accepting delivery of the parcel, indicating their acceptance, or according to any other method of delivery used by foreign partners. In the absence of the Customer or of any other person who can accept delivery of the item, the parcel will be made available under the conditions defined by the foreign partners. 

The signature recorded at the time of the delivery, as well as the reproduction of this signature, constitute proof of distribution of the parcel. 

ARTICLE 7 LIABILITY OF THE PARTIES

7.1 Liability of La Poste

• Concerning the Website

La Poste makes no warranty as to the ability of the Website and/or the Products to meet the Customer’s expectations or specific needs, in particular with regard to the fact that the Products are sold for collection purposes. In the same way, La Poste cannot guarantee that  no errors or other malfunctions will occur during the use of the Website or the Products. La Poste may in no event be held liable for the reliability of data transmission, access times, or any access restrictions on Internet or the networks connected to it.

La Poste may not be held liable in the event of interruption of the networks providing access to the Website, total or partial unavailability of the Website resulting in particular from the telecommunications operator, in the event of transmission errors or problems related to the security of transmissions, or in the event of failure of the Customer’s reception equipment or internet access. La Poste reserves the right to temporarily interrupt all or part of the Website for reasons related to the security of the Website or the Customer or for reasons related to a Customer’s failure to comply with its obligations provided herein.

La Poste shall not be held liable for fraudulent use by a third party of the Customer’s Username and Password, which are confidential.

• Concerning orders for Products

Subject to the express provisions below on the indemnification of the Customer, La Poste is only liable for direct damage resulting from its own failures. La Poste shall in no circumstances be held liable for damages such as: financial loss, loss of profit, infringement of the brand image, loss of computer programmes suffered by the Customer, loss of amenities or non-pecuniary loss, all these damages being, by express agreement, deemed to be indirect damages. La Poste shall not be liable for, and shall not be deemed to be in breach of, its obligations, in the event of non-performance of all or part of its obligations that results from an event of force majeure (e.g. flood, fire, requisition by a public authority, etc.). In this case, La Poste will inform the Customer and will seek with them the measures to be taken to remedy the situation under the conditions provided for in the article ‘Force Majeure’.

In the event of a fault attributable to La Poste in the performance of its obligations, La Poste shall reimburse the amount paid by the Customer for the supply of the Products by La Poste. 

In any event, La Poste shall incur no liability when the damage results from:

·         acts, negligence or errors from the Customer or third parties, or the Customer’s or third parties’ failure to comply with obligations which result from these GTCs;

·         an event of force majeure, such as: flood, fire, requisition by a public authority, etc.

·         an event beyond La Poste’s control (such as bans on transport, detention of goods by the customs authorities, exceptional circumstances, etc.).

In the event of loss of or damage to the parcel, the Customer must submit their claim to La Poste under the conditions indicated in Article 15 below.

In the event of loss of or damage to the parcel confirmed by the foreign partners or by La Poste's information system, and after investigation by the customer service department, La Poste will compensate the Customer under the conditions defined in this article of the GTCs.

In order to determine whether or not there has been damage, La Poste will use all the elements in its possession as well as those provided by the Customer.

7.2 Liability of the Customer

7.2.1 The Customer is solely responsible for:

• installing, maintaining and checking the technical configuration required to connect to the Website and purchase the Products;

• the use they make of the Products and the Website, it being understood that this use must comply with fair trade practices, current legislation, public policy and morality; 

• the proper functioning of its equipment and its Internet access. It is the Customer’s responsibility to take all appropriate measures to protect their own data, computer systems and/or software from contamination by any viruses.

The Customer shall be liable for all damage that they may cause to La Poste as a result of their failure to comply with these GTCs.

The Customer shall indemnify La Poste with respect to any claim or action by a third party alleging a breach of the third party’s rights as a result of the Customer’s use of the Website.

The Customer acknowledges that any use of the Website and/or the Products, and in particular any access to their Account using their credentials (username and password) is presumed to have been made by the Customer and will be imputed to the Customer, unless the Customer brings evidence to the contrary. 

The Customer undertakes not to modify, attempt to modify or undermine the Website in any way whatsoever and not to use any software or any form of computer programme with the aim of reaching or making available content that is protected or not freely available. It is also forbidden to create a work or a website derived from all or part of this Website. The Customer undertakes to inform La Poste without delay, by any means, of any error, fault or irregularity that they may observe in the use of the Website and/or the Products, as soon as they become aware thereof.

If the Customer fails to comply with these GTCs, access to the Website and the Products will be automatically blocked, without prejudice to any legal action that may be taken by La Poste and to any damages that may be claimed. The Customer will be informed of the reasons for the blocking of their access to the Website and the Products by an e-mail sent to their E-mail Address within a maximum period of 48 hours from the blocking of their access to the Website and the Products. The Customer will be given the opportunity to contest La Poste's decision.

In order to respond to a security alert (anti-virus check, etc.), at the request of an authority (administrative, judicial or any other authorised authority), or an alert from another user/Customer, La Poste reserves the right, where applicable:

• to retain, for evidentiary purposes, any information that does not comply with the rules set out herein;

• to retain, for evidentiary purposes, any logs, connection traces or personal or non-personal data proving that the behaviour or actions in question is (are) attributable to the Customer;

• to modify, refuse and/or remove access to any information that fails to comply with the rules set out herein;

• to apply the provisions of article 16 ‘Termination – Breach – Account Closure’.

7.2.2 Compliance with national and international regulations

7.2.2.1 Certain Products are subject to territorial delivery restrictions.

Before placing their order, the Customer is expected to ensure that the Products ordered are not shipments which import or transport is forbidden in the country of destination.  

The Customer is required to seek this information directly with the Customs authorities. An indicative list of import or transport bans applicable in certain countries is also available on the Website. 

7.2.2.2 The Customer undertakes to comply with national and international regulations, in particular those which relate to export control.

In particular, the Customer warrants that their order is in compliance with the following regulations: (i) national and international regulations relating to dual-use goods, or restricting (goods subject to export licences) or prohibiting the exporting of certain goods; (ii) national and international regulations relating to anti-bribery, (iii) any restrictions or embargos imposed by United Nations sanctions regimes or by any other regional or national regime, (iv) national and international regulations on combating terrorism and money laundering.

The Customer is informed, and accepts, that the data concerning them be checked so as to check that these data are not on any national or international sanctions lists, notably the European Union or United Nations sanctions lists. The Customer undertakes to notify the recipient thereof if the order is placed by the Customer on behalf of someone else. If shipments excluded under this article were to be identified as such by La Poste, La Poste reserves the right to (i) suspend or stop the routing, and to (ii) forward any required information to the competent authorities and follow any procedures demanded by said authorities, including the destruction of the shipments at the Customer’s expense, without La Poste being held liable for this.

ARTICLE 8 INTELLECTUAL PROPERTY RIGHTS AND COUNTERFEITING

8.1 The Website and the Products

The Website and the Products are protected by intellectual property rights and/or other rights, which are held by La Poste or which La Poste has been authorised to use. 

The general structure, texts, animated or non-animated images, and all the elements constituting the Website, are protected and fall under French and international legislation on copyright and intellectual property. All rights of reproduction are reserved, including for downloadable documents and the iconographic and photographic representations.

Under no circumstances may the Customer store (excluding connection sessions, where applicable), reproduce, represent, modify, transmit, publish, adapt on any medium whatsoever by any means whatsoever, or exploit in any way whatsoever, the elements of the Website and/or the Products without the prior written authorisation of La Poste. Any unauthorised extraction and/or re-use of one or more databases taken or copied or made from the content of the Website and/or the Products, whether directly or indirectly, is punishable under civil and criminal law. 

8.2 Trademarks

La Poste is a registered trademark. Any use whatsoever of the brand names and logos of the Website, including but not limited to the brand names and trade names held by La Poste and/or its partners, is prohibited without the authorisation of the holders of the rights. Any reproduction, representation by any process whatsoever, in whole or in part, of the Website or any of its elements, in whole or in part, without the express prior authorisation of La Poste or its partners, is strictly prohibited and shall constitute an infringement.

 8.3 Counterfeiting of postage stamps

Any reproduction or modification of postage stamps without the authorisation of La Poste constitutes counterfeiting.

Reproduction means the identical or similar reproduction (including but not limited to photocopies and unauthorised printing) of postage stamps.

The use of counterfeit postage stamps may give rise to the collection by La Poste from the sender of an amount equal to the price of the counterfeit postage stamps according to the tariff in force, plus a penalty of 10% of the amount of this sum.

La Poste reserves the right to institute all legal proceedings available to it in respect of counterfeiting and compensation for the loss suffered.

The counterfeiting or falsification of postage stamps is punishable by five years' imprisonment and a fine of 75,000 euros as specified in article 443-2 of the French Criminal Code.

ARTICLE 9 PERSONAL DATA 

All Customers may be required to provide personal data concerning them, in particular when registering, notably in order to use the Website and/or purchase Products. For more information on the purposes for which personal data is processed, the legal bases, the period for which the data will be stored and how Customers may exercise their rights, please refer to the following link www.francestampphilatelystore.laposte.fr/politique-protection-donnees

ARTICLE 10 COOKIES

La Poste uses cookies in order to facilitate and improve your browsing experience and to provide you with tailored content. For more information, La Poste invites you to consult its Cookie Policy www.francestampphilatelystore.laposte.fr/politique-cookies

ARTICLE 11 RIGHT OF WITHDRAWAL

The provisions of this article 11 apply subject to any more favourable provisions that may apply to the Customer under the mandatory legal provisions of their country of residence.  

11.1 Scope

In accordance with Article L. 221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal of 14 calendar days for the Products sold on the Website, unless an exception is authorised by law and mentioned on the Product information sheets. This withdrawal period starts to run from the date of receipt of the Product.

11.2 How to exercise the right of withdrawal

Customers may exercise their right of withdrawal:

- by using the contact form on the Website, specifying the order number, the date of receipt of the order and the description of the Products to be returned

- or by sending an message on the following page www.francestampphilatelystore.laposte.fr/contact, using either the withdrawal form attached to the GTCs, or an unambiguous statement expressing the wish to withdraw.

For any exercise of the right of withdrawal, La Poste will send an acknowledgement of receipt of the request to withdraw for the Products, as well as the procedures for returning the Products.

11.3 Reimbursement

In the event of a withdrawal of the order La Poste shall reimburse all payments received, including the delivery costs (with the exception of the additional costs resulting from the fact that the Customer chose another method of delivery than the standard method of delivery offered by La Poste) no later than fourteen (14) calendar days from the receipt by La Poste of the Products that were the subject of the withdrawal.

La Poste will make the reimbursement using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this reimbursement will not cause any costs. It will be the Customer’s responsibility to return the Products for which they have exercised their right of withdrawal in accordance with the conditions specified by La Poste.

Concerning the costs of returning the Products:

-          For the following countries click here, La Poste will send the Customer a prepaid Colissimo label to their e-mail address, and the Customer will use this label for the Products that they wish to return to La Poste. This label is to be used at a collection point;

-          For other countries, the Customer must return the Products by Colissimo (or, failing that, an equivalent method), and La Poste will reimburse the return costs. If the Customer wishes to use a more expensive method to return the Products, the difference in price will be borne by the Customer.

ARTICLE 12 CUSTOMS

12.1 Customs formalities carried out by La Poste when sending Products to the Customer outside the European Union

Whenever necessary, La Poste undertakes to comply with all customs and/or tax formalities to which it may be subject as at result of its shipment, in compliance with the Acts of the Universal Postal Union. Thus, mail items must be systematically accompanied by a customs declaration (form CN23). The sender (La Poste) must in particular:

• give an accurate and complete description of the contents of the item, even if it is a gift or a sample

• enclose two copies of a commercial or proforma invoice, depending on the nature of the mail item

• enter the customs declaration information in English for non-French-speaking destinations (in particular China, Korea and Brazil).

The Customer is informed that the data concerning them and those appearing on the customs declaration will be transmitted by La Poste in electronic format to the customs services and to La Poste’s international partners. 

12.2 Customs formalities when the Customers returns the Products to La Poste

If the Customer wishes to return a mail item to La Poste, they must ensure that they have ticked the box relating to the return of goods on the CN 23 form that was enclosed with the mail item they have received. If they fail to do so, and as indicated in article 5.2.2 above, the shipment will be considered by the French Customs as an import of goods for which La Poste will owe customs fees and taxes, for which it will request reimbursement from the Customer.

ARTICLE 13 LEGAL GUARANTEES

The provisions of this article 13 apply subject to any more favourable provisions that may apply to the Customer under the mandatory legal provisions of their country of residence. 

The legal guarantee of conformity of the products 

Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal guarantee of conformity in the event a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to this digital content or digital service throughout the planned period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.

The legal guarantee of conformity requires the trader, where applicable, to provide any updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without any significant inconvenience to them. If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer asks for the goods to be repaired, but the seller requires them to be replaced, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if:   

1° The trader refuses to repair or replace the goods; 

2° The goods are repaired or replaced after a period of thirty days; 

3° The repair or replacement of the goods causes significant inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or collection of the non-conforming goods, or if they bear the cost of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring the goods into conformity. 

The consumer shall also be entitled to a reduction in the price of the goods or in the termination of the contract if the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the contract. In such cases, the consumer is not required to request the repair or replacement of the goods beforehand. The consumer shall not be entitled to terminate the sale if the lack of conformity is minor. Any period of immobilisation of the goods with a view to their repair or replacement suspends the warranty that was in force until delivery of the repaired goods. The rights mentioned above result from the application of Articles L. 217-1 to L. 217- 32 of the French Consumer Code. Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (Article L. 241-5 of the French Consumer Code). Consumers also benefit from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a reduction in the price if the goods are kept, or to a full refund if the goods are returned.

The legal guarantee against hidden defects 

The Customer has a period of two years in which to invoke the legal guarantee against hidden defects from the date of discovery of the defects, within the limit of two years from the discovery of the defect in question and twenty years from the date on which the Products were ordered. The Customer will have to provide evidence that the defect existed before the delivery of the Product and that the defect was not visible at the time of delivery. If the existence of the hidden defect is confirmed, the Customer will have the choice between:

∙ reimbursement of the full price of the returned product; 

∙ reimbursement of a part of the price of the product if the Customer keeps the product.

ARTICLE 14 FORCE MAJEURE

A Party may not be held liable for any delay in the performance of its obligations or for any non-performance of its obligations arising from the Contract when the circumstances giving rise thereto fall within the scope of force majeure as defined by Article 1218 of the French Civil Code and case law. 

Events beyond the control of the Parties and which they could not reasonably be expected to foresee, insofar as their occurrence makes the performance of their obligations more difficult or more onerous, are considered to be force majeure with regard to the Parties' obligations. This will be the case in particular in cases recognised by case law. 

The Party which invokes force majeure must notify the other Party by any means as soon as it becomes aware of it.

If the impediment is temporary, force majeure suspends performance of the contractual obligations concerned for the duration of the event of force majeure.

In the event the suspension lasts more than thirty (30) calendar days, either Party may terminate these terms by registered letter with acknowledgement of receipt sent to the other Party. The Party prevented from fulfilling their obligations shall endeavour to mitigate or eliminate the effects thereof as soon as possible by any reasonably appropriate means. If the impediment is definitive, these terms and conditions shall be terminated ipso jure and the Parties shall be released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the French Civil Code.

ARTICLE 15 HANDLING OF COMPLAINTS

15.1 Customer service

Several channels are made available to the Customer on the Site so that the Customer can send a complaint to La Poste or obtain information:

• An “Online help” section on the Website via the following link: www.francestampphilatelystore.laposte.fr/faq

• An online contact form accessible via the following link: https://francestampphilatelystore.laposte.fr/contact

• A telephone number: +33 5 53 03 19 25 Monday to Friday from 9 am to 6 pm (metropolitan France time, charges invoiced by the local operator may apply). 

In the event of a claim relating to damage to the mail item, the customer must send La Poste a photo of the parcel before opening, as well as a photo of the products that have been damaged.

In the event of a claim relating to the non-receipt of the parcel, the customer must provide La Poste with a written declaration on honour specifying the non-receipt of the Products, as well as with a copy of their identity document.

15.2 Bringing a complaint to the Ombudsman

Unresolved disputes may be referred to Groupe La Poste’s Ombudsman on Consumer Matters (Médiateur de la Consommation du Groupe La Poste) if the Customer/User is not satisfied with the Customer Service’s response or has not received a response two (2) months after submitting their complaint to the Customer Service.

Complaints may be in english and filed by post to the following address: Le Médiateur de la Consommation du Groupe La Poste, CP Y812, 5 rue du colonel Pierre AVIA, 75757 PARIS CEDEX 15, France

The Customer/User must refer the matter to the Mediator within a maximum period of one year following the first written complaint filed with La Poste.

The Client/User must attach the following elements to their referral:

1.Identification of the Customer/User: surname, first name, capacity (natural or legal person and if legal person, company name), postal address, telephone number and email address if applicable;

2.Details of the dispute and the circumstances in which the facts giving rise to the dispute occurred;

3.Subject of the request to the Mediator (in the event of a claim for compensation, precise amount requested and justified) and arguments (facts, contractual or legal rules, etc.) in favour of this request, with a copy of the documents justifying the filing of a first written complaint with La Poste dated more than two months ago and copies of La Poste's responses;

4.Evidence in support of the request (proof of order and invoice in particular) and in particular:

In the event of damage, a photo of the package before opening as well as a photo of the Products that have suffered damage;

In the event of non-receipt of the package, a written sworn statement, specifying this non-receipt of the Products, as well as a copy of the signatory's identity document.

The costs of sending the referral are and remain the responsibility of the Client/User.

Once the file has been received, the Mediator has 3 weeks to notify the admissibility or otherwise of the mediation. It should be noted that inadmissible applications are not returned.

Mediation begins on the date of the notification of admissibility.

Where applicable, for online sales or service contracts, the User may have recourse to the European Online Dispute Resolution Platform by using the following link: The European online dispute resolution platform for consumer disputes.

ARTICLE 16 TERMINATION – BREACH – ACCOUNT CLOSURE

16.1 In the event of a breach by the customer – measures taken by La Poste

In the event of any breach by the Customer, and in particular in the event of fraud, La Poste reserves the right to immediately take the necessary measures in order to remedy the breaches observed, such as in particular:

• suspending the account concerned, which may result in the suspension of certain purchases made on the Website from the Customer’s account. This suspension will be lifted if the total amount of the fraud, plus a penalty of 10%, is settled;

• or even permanently blocking the Customer’s account if the total amount of the fraud, to which a penalty of 10% shall be added, is not settled. If the Customer’s account is blocked, it will be impossible for the Customer to make certain purchases on the Website from the Customer’s account;

• sending an adjustment invoice to the Customer for an amount equal to the amount of the fraud, plus a 10% penalty and duly justified administration costs; La Poste shall inform the Customer by any means (including by e-mail), in particular of the amount of the fraud payable to La Poste and the methods of rectification. In the event that the Customer’s account is suspended or blocked, the Customer may:

• view the history of their account. 

In general, La Poste reserves the right to unilaterally terminate the right of access to and use of the account in the event the customer is seriously and/or repeatedly in breach of any one of their obligations, in particular those referred to in these Terms and conditions of sale, and to take any legal action available to claim compensation for the loss suffered as a result of a breach by the Customer.

For any complaint or request for further information concerning fraud, the customer is invited to contact Customer Service by telephone on +33 5 53 03 19 25 Monday to Friday from 9 am to 6 pm (metropolitan France time, charges invoiced by the local operator may apply) or by e-mail: contact-fsps.philaposte@laposte.fr

16.2 Account closure on the Customer’s or La Poste’s initiative

The terms of closure of the Account by the Customer can be found on the Website https://francestampphilatelystore.laposte.fr in the section ‘Help / How can I delete my account?’  

La Poste may close the Customer’s account in the event of prolonged inactivity after notifying the Customer and the notice remains not acted upon by the Customer within a reasonable time period. 

ARTICLE 17 HYPERLINKS

17.1 The Website may contain hyperlinks to other websites over which La Poste has no control. Despite the checks carried out before any hyperlink is posted on its website, La Poste accepts no liability for the content of these websites or for any updates that may be made to them.

17.2 La Poste authorises the setting up of hyperlinks to any page or document of its website, provided that the setting up of such links is not made for commercial or advertising purposes. Such links may only be set up on condition that the authors of the link have informed the Website’s webmaster in advance. Naturally, this authorisation does not apply to sites disseminating information of an illicit, violent, controversial, pornographic or xenophobic nature or which may offend the general public. Finally, La Poste reserves the right to remove a hyperlink linking to its Website at any time if it considers that the link does not comply with its editorial policy.

ARTICLE 18 CHANGES TO THE TERMS AND CONDITIONS OF SALE

In the event of a change in legal or factual circumstances, new terms and conditions of sale will be drawn up. The Customer will be informed of the amended terms and conditions of sale by any means, and will then have to accept them by ticking a box on the Website in order to continue making new purchases on the Website.

ARTICLE 19 APPLICABLE LAW 

These terms and conditions of sale are governed by French law, without prejudice to the application of legal provisions in the country of destination of the mail item that are more favourable to the Customer.

These terms and conditions of sale are drafted in English. In the event that they are translated into one or more languages, only the English text will be deemed authentic in the event of a dispute. 

In the event of a dispute, and in the absence of an amicable agreement between the Parties, the dispute shall be submitted to the competent French courts within the jurisdiction of the Court of Appeal of [Paris], or to the competent courts in accordance with the mandatory rules from which the Customer benefits under the consumer law of their country of residence. 

Annex 1 Withdrawal form

 (Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of the Customer Service:

I hereby notify you of my withdrawal from the contract for the sale of the product below:

XXXXX

Ordered on (*) / Received on (*):

Consumer’s name:

Consumer’s address:

Signature:

Date: