1 General
1.1 Definitions
1.1.1 Frenchop
Frenchop is a marketplace dedicated to French Artisan Producers enabling them to sell direct
1.1.2 Producer
The producer puts together a small series of artisan products made in France and sells them direct.
1.1.3 Consumer
The consumer is a buyer of a French artisan product
1.1.4 Customer
Frenchop customers are the Producers
The Producer’s customers are the Consumers.
1.2 Purpose of the document
This document explains the terms of use of the Frenchop site and as such shall be considered as the General Conditions of Sale between the Frenchop site and the Producers (as the sale is direct between the latter and their clients, the act of sale remains the responsibility of the Producer)
The respect of these terms is a guarantee of the Producer’s quality and permits their know-how to be put to the forefront.
1.3 Document Outline
This document details the modus operandi of Frenchop common to all users in addition to the specific working terms for every user type (Producers, Consumers and Frenchop)
2 Producer
This section lays out the terms specific to the Producers. It specifies which Producers are authorised to open a shop on the site, the necessary procedure required to open a shop and finally, how the shop runs.
2.1 Creating a Shop
Creating a shop is simple and free
2.1.1 Partial Registration
To create a shop, the Producer simply needs to register with a valid email address and password.
The Producer also needs to provide a shop name as well as a user name enabling a personalised internet addressed to be attributed. The shop will then only be visible to the Producer.
2.1.2 Customizing the Shop
As soon as the shop has been created, and as in real life, it is possible for the Producer to customize the site with a sign, marketing attention-catchers and a logo.
The Producer is requested to describe his/her activity as carefully and as succinctly as possible within the dedicated description zone and is advised to present his/her know-how within the detailed presentation area (with text and possibly pictures).
Please note that :
Nothing is obligatory
Everything can be modified at a later date
The location is automatically set as soon as the Producer's shipping address has been entered.
2.1.3 Goodwill
As soon as the shop has been created, the Producer can begin presenting his/her production line.
An item/product may be added with the following minimal information: A name, a photo, a price and the item’s weight (net = item + decorative packing if any) excluding shipping packaging.
Producer’s are nevertheless advised to provide a detailed description of the product/item in order to maximise promotion of the listing.
Please note that a certain number of free and optional settings are available for use
Unit of sale, promotion, stock management
Reminder: It is the responsibility of the Producer to respect the copyright on the texts, images and videos published on his/her shop.
2.1.4 Validation of the shop
After testing, the Producer may request for the shop to be put on line enabling customers to visualise it, choose items produced, and to make a purchase by credit card.
2.1.4.1 Full Registration
The Producer’s first step is to complete the registration form (click on the “settings” button on the top right) with at the very least all the mandatory information indicated by an asterisk.
The “Shop” tab refers to the e-Shop that the Producer is creating.
The “Company” tab refers to the legal entity of the Producer's company (SIRET, Manager, ...). Please note that it is mandatory to complete the lower section in order to unblock the cumulative annual limit of 1,000€ that may be transferred to the Producer's bank account. This limit is requested by banking organizations in the fight against money laundering and the financing of terrorism. The Producer may complete this section later as it will not preventing the shop being opened.
The « Obligations » tab requests the Producer to accept and respect this document as well as the Frenchop’s charter. Similarly, the Producer undertakes to comply with the legislation on trade, online sales and transport of its products, as well as the legislation specific to its business.
The « Subscription » tab is the last step before the the shop can be put online. By completing his/her IBAN and BIC number, the Producer agrees to be charged according to applicable tariffs (see Tariff sheet) to maintain his/her shop online (subscription).
In addition, the Producer also agrees that sales will be paid by the Frenchop site (excluding Frenchop commission) to this bank account.
Finally, the Producer accepts any additional debits that may be requested by him/herself for customer-consumer reimbursements.
2.1.4.2 Delivery Charges
The Producer must verify that delivery charges are appropriate
These settings can be modified at any time
The average preparation time (from accepting the order to shipment) enables the Producer to inform the customer of the delivery time (after having added the transport time)
The delivery charge threshold enables the Producer to provide the customer with a share of the delivery charges directly proportionate to the (threshold) amount of the sale.
The "pick-up at the producer" option allows customers to pick up pre-paid orders, prepared by the Producer, at his/her’s workshop (or at a market ...).It is then necessary for the Producer to indicate to the customer where and when the order can be picked-up.
Two shipping carriers have already been pre-selected (prices are VAT inc). The Producer is at liberty to choose another. In this instance, the Producer must indicate the transport costs VAT included according to the weight shipped as well as delivery times.
For every carrier, delivery costs are free once the order is above a certain amount
2.1.4.3 Technical Validation
Once the Producer has completed the previously mentioned information, validation of the shop can be requested by clicking on the "Online Request” button.
Validation of the shop before its release online will be carried out within a maximum delay of 48 hours.
2.1.4.3.1 Information Check
A technical check will ensure that all the necessary information has been provided. In addition, a manual control will ensure that the applicant of the online posting is indeed a French Artisan Producer.
2.1.4.3.2 Deletion of non-validated shops
Test shops and shops that have not been validated will be automatically deleted after 3 months.
2.1.4.4 Subscription
Once online, the subscription fee will be debited from the producer's account according to the current tariff in use.
Should several subscription offers be available, it is possible to switch from one offer to another upon receipt of an email (electronic mail) 3 weeks prior to the expiry date.
All subscriptions registered are due once and for all. Cancellation of the subscription must be requested from Frenchop one month before the expiry date.
2.1.4.5 Uploading
You will be informed by email once your shop is online
2.2 Shop Life
As soon as your shop is created and online, the shop is live, like any physical shop. It is visible to all.
2.2.1 Stock
The Producer must ensure the availability of items for sale in his/her shop. Should an item be unavailable, the Producer must render it invisible.
A simplified stock management tool to guide consumers once an item has been placed in a basket is available to Producers. Activation of the tool is optional.
In any case, part of the advisory role of the Frenchop team is to encourage all Producers to set aside part of their stock for online sales. As such, should a Producer dip into the reserve stock consequent to a face to face sale, he/she will not forget to update the Frenchop site.
2.2.2 Sales
The Producer intervenes in the sales process once a consumer has chosen and paid for, one (or several) products sold in his/her shop.
2.2.2.1 Receipt of an order
The Producer receives an email from Frenchop detailing the order to be processed.
2.2.2.2 Order Acceptance
Upon receiving the email, the Producer must accept or refuse the order immediately. Should no response be received from the Producer within 48 hours, the order shall be considered as refused. The shop shall be temporarily suspended pending contact with the producer. Frenchop reserves the right to close a shop in the case of recurrent lack of response.
In the case of refusal, the customer-consumer, shall be automatically reimbursed.
Acceptance by the Producer is firm and definitive. It validates the agreement between the Producer and the customer.
From that moment, the Frenchop site commission is considered to be definitively acquired.
Moreover, in the event of a subsequent dispute, between the Producer and his/her customer, it is the responsibility of the Producer to settle any dispute with the latter. The Producer retains the right to request Frenchop to reimburse the customer (in part or totally). In this case, reimbursement will occur upon availability of funds and within a maximum of one month.
Should the customer’s bank refuse to honour the customer’s payment, Frenchop’s commission is nevertheless due.
2.2.2.3 Order Preparation
The Producer must prepare the order within the best delay possible respecting the preparation timeline specified on the delivery cost form. The process period must not exceed the legally imposed time limit unless the Producer has obtained written agreement from the consumer.
2.2.2.4 Shipment of the Order
The Producer must then ensure delivery of the order in accordance with the conditions indicated on the order form. Frenchop must be informed when a product has been shipped or picked up enabling Frenchop to proceed with the transfer of sums due to the producer.
2.2.3 Payment Service Provider
As soon as the Producer has declared the shipment on the Frenchop site, the latter allocates the transaction amount due through the payment service provider (Mangopay Banking Service).
The amount due is paid into the Producer's bank account after a maximum delay of 10 days.
In the case of a customer refund, Frenchop will deduct the sum from the Producer’s internal account held by the payment service provider. Should there be insufficient funds, the Producer’s bank account will be automatically debited for the additional amount.
2.2.4 Closing of a Shop
A shop can be closed, either at the request of the Producer or at the request of Frenchop in order to protect the French Artisan Producers community.
2.2.4.1 Temporary Shop Closure
The Producer may temporary close the shop for whatever reason (holidays, etc) and for as long as necessary. However, the Frenchop subscription is nevertheless due during this period. Once temporarily closed, the shop remains active but the function for purchases is disabled.
2.2.4.2 Termination at the Producer’s Request
A Producer may request the closure of his shop without providing a reason. Frenchop requires one month’s notice.
2.2.4.2.1 Obligations of the Producer upon Shop Closure
It is the Producer’s responsibility to duly inform his/her customers of closure, to provide means of contact and where required proceed with any refunds in the case of disputes.
The subscription remains due as does any commission received.
Any reimbursements will be the direct responsibility of the Producer closing his shop as will any customer relation management required. Nevertheless, Frenchop will provide customers or any legal body with full contact details for the Producer (upon request).
2.2.4.3 Exclusion of a Producer
Frenchop reserves the right to exclude a customer, a French Artisan Producer.
2.2.4.3.1 Dealers
In order to protect and add value to the French Artisan Producers, if it is established that the main activity of the shop is resale, it will be deactivated, and the reseller's obligations are the same as those seen above (ref:. above : Obligations of the Producer upon Shop Closure)
2.2.4.3.2 Debt
In the event that a Producer is repeatedly in debt (more than twice without requesting leeway from Frenchop), the site reserves the right to ban the Producer by closing his/her shop.
The full amount due shall be debited from the Producer’s bank account.
The Producer’s obligations remain the same as those mentioned (ref:. above : Obligations of the Producer upon Shop Closure)
2.2.4.3.3 Repeated delays
Should customer feedback indicate that the Producer’s delivery delays are repeatedly excessively long (more than twice without requesting leeway from Frenchop), the site reserves the right to ban the Producer by closing his/her shop.
The full amount of sums due shall be debited from the Producer’s bank account.
The Producer’s obligations remain the same as those mentioned (ref:. above : Obligations of the Producer upon Shop Closure)
2.2.4.3.4 Inappropriate remarks
Should the Producer repeatedly make inappropriate remarks, (more than twice without requesting leeway from Frenchop), the site reserves the right to ban the Producer by closing his/her shop.
The full amount of sums due shall be debited from the Producer’s bank account.
The Producer’s obligations remain the same as those mentioned (ref:. above : Obligations of the Producer upon Shop Closure)
2.2.4.3.5 Reports from a Legal Body of Illegal Activity
Upon notification from the courts for whatever reason, Frenchop reserves the right to close the shop and provide information as to why (further to a court ruling).
The full amount of sums due shall be debited from the Producer’s bank account.
The Producer’s obligations remain the same as those mentioned (ref:. above : Obligations of the Producer upon Shop Closure)
3 Visitor
The « Visitor » is a user who surfs the Frenchop site. He becomes a “Consumer” as soon as his/her basket is filled with at least one item. As soon as the basket has been paid for, the consumer becomes a customer of the Shop(s) where the order or orders have been made.
3.1 The Consumer
The consumer has a basket already filled with at least one item on his/her electronic device
The selected articles are reserved by the Producer only when they have been paid for and been accepted by the aforementioned.
Please note that a cookie providing identification specific to a basket is indicated on your device. The consumer cannot start an order on one device and then continue on another.
Before paying for his/her basket, the consumer must read and validate the Conditions of Use and any special clauses the Producer may have.
No credit card information is kept by the company nor the Frenchop site. In a manner that is transparent to the consumer, the Frenchop site connects directly (but in encryption) to the banking service provider (MangoPay) who takes care of all the transactions
In order to protect French Artisan Producers, Frenchop reserves the right to block a consumer (for serious reasons that have been proven).
3.2 The Customer has Paid for the Item
Once the consumer has paid, he/she becomes a customer. The order amount is then confined and kept by the provider of banking services on an internal account
A Producer can only accept or reject an order in its entirety regardless of the number of items.
If a Producer refuses an order, the customer will be refunded in full from the Producer’s shop and it can only be contested if the act of sale existed. The maximum refund period is one month.
3.2.1 Customer-Consumer Concept for one (or several) shops
Each shop being independent, a basket containing items from several Producers will require an order per Producer.
3.2.2 Order delivery process
Throughout the sales procedure and up to full delivery of the order, the customer shall be kept informed of the process.
3.2.3 Customer review of a shop
In order to promote the Producers, customers are invited to review the service provided. Only customers who have placed an order on the shop can leave a review.
Each review is checked prior to release. Nothing is automatic.
Under no conditions shall a review containing abuse, insults or a manifestly inappropriate statement shall be published
Any opinions unrelated to the Frenchop site or the Producer concerned shall not be published.
Opinions with the only aim of being vengeful, accusatory or denigrating will not be published.
3.2.4 Sales Withdrawal
In accordance with the law, a customer can withdraw from the sale at any time. The Producer must be contacted using the link provided for this purpose. Nevertheless, please note that certain products are excluded from the right of withdrawal (perishable products, personalized products, ...).
Upon the Producer’s request, the customer must return the item (at his/her own expense)
Depending upon the condition of the item, the Producer must partially or fully refund the customer.
In the case of withdrawal, the Frenchop site and its so-called company have no responsibility as they do not intervene in any way in the direct negotiation between a Producer and his/her customer. At the Producer’s request, Frenchop can facilitate the financial refund transactions.
3.2.4.1 Consumer-customer Information
If you buy an item, you have the right to change your mind. It is the right of withdrawal.
The Producer and Frenchop remind you of this right when you place items in the basket and, before finalising your order. If you retract from your purchase, you do not have to provide a reason or pay a penalty fee.
You may be required to pay:
- Return shipping costs,
- Or an amount corresponding to the service already provided if you have requested that the service begins before the end of the withdrawal period. You must not have waived your right of withdrawal.
However, the right to withdrawal does not apply to the following purchases :
- Goods whose price depends on market rates,
- Customised or clearly personalized goods (custom furniture ...),
- Fast-deteriorating or perishable goods (food ...)
- Goods that have been opened and goods non-returnable for hygiene or health reasons
- Items inseparable from others (e.g. a remote control for a television)
- Alcoholic beverages where delivery is deferred beyond 30 days and whose value depends on market rates
- CD, DVD or computer software that has been opened.
4 Frenchop
The company "Frenchop" has been created by Eric LAVRILLEUX and Emmanuel HENRI to operate the so-called website
The Frenchop site belongs to the “FRENCHOP” company. Its aim is to foster the direct commercial relationship between a French Artisan Producer and its customers. As such, it should only be seen as a means to this end.
The copyright of the documents, the code and the "Frenchop" site concept belong exclusively to the company "ZANADEV" and its authors.
The brand « Frenchop » belongs to the company « FRENCHOP »
4.1 Definition of Scope
In order to protect its customers (French Artisan Producers) the "Frenchop" site restricts access of new online shops solely to activities related to French Artisan Producers.
The site "Frenchop" retains historical traces of the content of the shops as well as their exchanges with customers. As the site is only a tool for the exchange of information, its responsibility is to ensure the courtesy of these exchanges.
Since the relationship between the Producer and its customer is direct, neither the site nor the company can be held responsible for the commercial relationship or acts of sale.
The Producer is also legally accountable for production.
For financial transactions, the site uses the payment service provider "MangoPay"(cf.
contract).
Acceptance of Frenchop General Conditions of Use (GCU) imply acceptance of MangoPay's General Conditions of Sale (GCS)
4.2 Invoicing
Frenchop is in no way responsible for issuing customer invoices, customer invoices are the sole responsibility of the Producer upon the act of sale.
Frenchop issues to its customers (Producers), monthly invoices summarizing subscriptions and commissions for the period. These invoices are available to Producers on the site in a PDF format.
4.3 Modification of the GCU
Frenchop reserves the right to modify the current terms and conditions at any time. Producers will be notified by an e-mail detailing the changes. Maintaining the shop open stands as proof of agreement.
4.4 Special Clauses
Each shop retains the right to add special clauses to this document. The principle of legal predominance implies that neither the GCU nor the particular clauses be contradictory. Similarly, the special clauses may not be contrary to this document. The vocation of Frenchop being distinct from that of a lawyer, Frenchop cannot be held responsible for the validity of these particular clauses. The responsibility for these particular clauses remains exclusively with the producer who publishes them and as does verification of their legal validity.
