Between the Company SAS Fotello, 10 rue de Zurich, 67000 Strasbourg, france, with a registered Capital of 20 000€, registered with the Register of Commerce and Companies of Strasbourg under the number 841 292 584, SIRET 841292584 00015, represented by Mr. François SCHAEFFER, in the capacity of president, duly empowered for the purposes hereof. The company can be contacted by email at the following address: firstname.lastname@example.org. Hereinafter the "Seller" or the "Company" on the one hand, and the person or entity through the purchase of products or services of the company, hereinafter, "Buyer" or "Customer" on the other hand, It has been exposed and agreed as follows :
The SAS company Fotello is the author of the offer of sale on products sold through its Internet site www.fotello.fr exclusively destination of consumers. The list and description of the goods and services offered by the Company can be viewed on the above website.
Article 1 : Purpose and general provisions
The present General Conditions of Sale determine the rights and obligations of the parties under the online sale of Products offered by the Seller. The present General Conditions of Sale (GTC) apply to all sales of Products made through the Internet sites of the Company that are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify the terms at any time by publishing a new version on its website. The terms which apply are those in effect at the date of the payment (or first payment if multiple payments) of the order. These terms and conditions are available on the website of the Company at the following address : www.fotello.fr . The Company also ensures that their acceptance must be clear and without reservation, by putting the GCS available in the bottom of each page. By clicking on "place my order", the Customer declares to have taken knowledge of all the present General Conditions of Sale, and, if applicable, the Special Conditions of Sale related to a product or a service, and accept, without limitation or qualification. The Customer acknowledges that it has benefited from the advice and information necessary to ensure the adequacy of the offer to its needs. The Client declares to be able to contract legally under the laws of france, or validly represent the individual or entity to which it is committed. Unless proven otherwise the information recorded by the Company constitute proof of all transactions.
Article 2 : Price
The prices of products sold through the website are indicated in Euros all taxes included (VAT + other taxes) on the order page of the product, and excluding costs specific to shipping. For all products shipped outside the european Union and/or DOM-TOM, the price is calculated net of tax automatically on the invoice. Of customs duties or other taxes local or right of importation or taxes of state are likely to be demanded in some cases. These rights and sums do not fall under the jurisdiction of the Seller. They will be the responsibility of the buyer and under its responsibility (declarations, payment to the competent authorities, etc). The Seller is prompt as the buyer to inquire about these aspects with the local authorities.The Company reserves the right to modify its prices at any time for the future. The telecommunications costs needed to access to the Internet sites of the Company are the responsibility of the Customer. If applicable, the costs of delivery.
Article 3 : Conclusion of the contract online
The Customer will have to follow a series of steps that are specific to each Product offered by the Seller to be able to carry out his order. However, the steps described below are carried out systematically : ➢ Information on the essential characteristics of the Product ; ➢ Selection of the Product, if any of its options and indication of the essential data of the Client (identification, address...) ; ➢ Acceptance of these General Conditions of Sale. ➢ Verification of the elements of the order and, where appropriate, correction of errors. ➢ Follow-up instructions for payment, and payment of the products. ➢ Delivery of the products. The Client will then receive email confirmation of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a copy .pdf of these general conditions of sale. For the products delivered, this delivery will be to the address specified by the Customer. For the purposes of proper performance of the order, and in accordance with article 1316-1 of the civil Code, the Customer undertakes to provide his identifying information was true. The Seller reserves the right to refuse the order, for example, any abnormal request, made in bad faith or for any legitimate reason.
Article 4 : Products and services
The essential characteristics of the goods, services and their respective prices are placed at the disposal of the buyer on the Internet sites of the company. Client acknowledges that client has received a detailed delivery charges as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to deliver the Customer's order within the limit of available Product stocks only. Failing this, the Seller will inform the Customer. These contractual information is presented in detail and in the French language. According to the French law, they are subject to a summary and a confirmation of the validation of the order. The parties agree that the illustrations or photos of the products offered for sale do not have contractual value. The duration of validity of the offer of Products and their price is specified on the
website of the Company, as well as the minimum duration of the proposed contract when it is they who carry on a continuous or periodic supply of products or services. Except under specific conditions, the rights granted hereunder are solely to the natural person signing the order (or the person who holds the email address given). In accordance with the legal provisions in the area of compliance and hidden defects, the Seller shall refund or exchange the defective products or not corresponding to the
command. The refund can be requested in the following manner : please contact us by mail at the address email@example.com by indicating your request and order number as well as the product in question if several products are included on the order. After verification by us, please return us your product. Provided that the period of 14 days has not been exceeded and that the product is unused and in the same condition as you received, we will process a full refund of your order plus return fee within a period of 10 working days, by the means of payment used when ordering.
Article 5 : property reserve Clause
The products remain the property of the Company until full payment of the price.
Article 6 : Terms of delivery
In case of delivery and default of payment, Fotello is entitled to claim the products ordered. The products are delivered to the delivery address that has been specified in the order and within the time period indicated on the product sheet. This time limit does not take into account the period of preparation of the order. When the delivery requires an appointment with the customer, the Customer agrees to be present to receive the parcel. In the event of late delivery attributable to the customer because of his absence, it will not be able to denounce the sale. In the event of an extended absence of the customer, an absence which prevents the delivery of the order, the customer may be required to pay the expenses of a new delivery or storage costs caused by its absence. When the Customer orders several products at the same time may have different delivery times and therefore routed according to the following procedures: either a delivery at the same time the whole of the order on request of the customer, or a delivery of products after products are subject to availability. By default fotello deliver the products one after the other in function of their availability. In case of delay in shipment or delivery, the Customer has the possibility to terminate the contract in the terms and conditions defined in Article L 138-2 of the Code of the consumption. The Seller shall then refund the product and fees " to go ", if there is, in the terms of Article L 138-3 of the French consumer Code. In this case, only the reimbursement of the product will be made. The Seller provides a point of contact telephone (cost of a local call from a landline) indicated in the order confirmation email to track the order. The Vendor recalls that at the time the Customer hangs possession of the physical products, the risk of loss of or damage to the products is transferred. It is the Customer's responsibility to notify the carrier of any reservations concerning the product delivered: during the delivery, the Client or recipient of the Products shall open the parcel in the presence of the carrier in order to verify the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and write "refused for damage" on the right of return. The Customer must in the shortest time (1 working days after delivery) to come in contact with the Customer Service so that Fotello from asserting its rights vis-à-vis the carrier and on the other hand, in the case where the Product is still in the possession of the Customer, initiate the return process.
Deliveries and free returns are limited to 1 per purchase. Beyond that, they will be the responsibility of the customer.
Article 7 : Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available in our suppliers. In case of unavailability of an article for a period longer than 30 working days, you will be notified immediately of foreseeable delays
of delivery and the order of this article may be cancelled on request. The Customer may request a credit for the amount of the item or a refund.
Article 8 : Payment
Payment is due immediately with the order, including for products that are in preorder. The Customer can make the payment by credit card, via paypal, apple pay or amazon pay. The cards issued by banks domiciled outside France must obligatorily be
international bank cards (Mastercard or Visa).On-line secured payment by credit card is done by our payment service provider. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network encrypted with SSL. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. code by article 132-2 of the French monetary and financial Code,
the commitment to pay given by card is irrevocable. In providing their banking information at the time of the sale, the Customer authorises the Seller to debit their card for the amount on the price indicated. The Customer confirms that he / she is the legal owner of the card to be debited and that it is legally entitled to make use of it. In case of error, or the inability to charge the card, the Sale is immediately cancelled by law and the order canceled.
Article 9 : Period of withdrawal and refunds
In accordance with article L. 121-20 of the consumer Code, " the consumer has a period of fourteen days to exercise his right of withdrawal without having to justify reasons nor to pay penalties, except, where applicable, of the expenses of return ". "The time limit referred to
the preceding paragraph runs with effect from receipt of the goods or acceptance of the offer for the supply of services ". The right of withdrawal may be exercised by contacting the Company as follows : Enter your request to firstname.lastname@example.org in indicating the reference of your order and the products involved, there are several. We would like to inform Customers that
in accordance with article L. 121-20-2 of the consumer Code, this right of withdrawal may not be exercised for the gift cards already used partially or totally. In case of exercising the right of withdrawal within the abovementioned period, the price of the purchased products and the costs
shipping will be refunded and the return shipping cost. Returned products must be in their original condition and complete (packaging, accessories, instructions...) so that they can be recommercialisés in a new state, if this is not the case Fotello reserves the right not to accept the return and refund request; they must be accompanied by a copy of proof of purchase. In accordance with the legal provisions, you will find in the section "FAQ and help" the form-type of withdrawal to contact us at the following address : email@example.com or at the company's headquarters at 10, rue de Zurich 67000 Strasbourg, in recommended with acknowledgement of receipt.
Procedure for refund : 10 working days from the receipt of the form, and/or products by the means used in the purchase.
Only products that have not been customized (frame, armrests, fabric color etc.) can be reimbursed, the other will be the subject of a have.
Article 10 : Warranties
In accordance with the law, the Seller has two safeguards : compliance and hidden defects of the products. The Seller shall reimburse the purchaser or exchange the apparently defective products or not corresponding to the order carried out. The refund request must be made in the following manner : Send an e-mail with photo, order number and details of the defective product. The Seller reminds the consumer : - has a period of 2 years from the date of delivery of the property to take action on behalf of the Seller - that he can choose between replacement and repair of the property subject to
of the conditions provided by art. apparently defective or does not match - it is provided to give evidence of the existence of the non-compliance during the six months following the delivery of the goods. The consumer may also make a claim under the warranty against hidden defects of the thing sold, within the meaning of article 1641 of the civil code and, in this case, he may choose between the rescission of the sale or a reduction of the selling price (the provisions of sections 1644 of the Civil Code). Additional safeguards : according to the manufacturer, the period of guaranteed may be extended, or card manufacturer.
Article 11 : Complaints
If applicable, the Buyer may make any complaint by contacting the company at the following coordinates mail firstname.lastname@example.org, phone 03 67 15 85 97 or mail at 10, rue de zurich 67000 Strasbourg.
Article 12 : intellectual property Rights
The brands, domain names, products, software, images, videos, texts or, more generally, any information subject to intellectual property rights are and shall remain the exclusive property of the seller. No assignment of intellectual property rights is carried out through the GTC. Any total or partial reproduction, modification or use of such property for any reason whatsoever is strictly prohibited.
Article 13 : Force majeure
The performance of the obligations of the seller for the term hereof is to be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent the execution. The seller will notify the customer of the occurrence of such an event (war, strike, riots, civil unrest, natural disaster) as soon as possible.
Article 14 : nullity and modification of the contract
If any of the provisions of this agreement to be void, this nullity does not lead to the nullity of the other provisions which shall remain in force between the parties. Any contract modification is valid only after a written agreement signed by the parties.
Article 15 : Protection of personal data
In accordance with the Law Informatique et Libertés of 6 January 1978, you have the right to query, access, modification, opposition and rectification of personal data relating to you. By adhering to these terms and conditions, you consent to our collection and use of this data for the completion of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers relating to products published by the
Company and its partners. You can unsubscribe at any time. You just have to click on the link at the end of our emails, or contact the person responsible for processing (the "Company") by letter RAR. We perform on all of our sites, follow up on attendance.
For this, we use tools such as Google analytics, shopify.
Article 16 limitation of liability
It is stated that a clause limiting the liability of the Seller for the realization of the service: it will be limited to the amount of the purchase that the customer made and for which it wishes to put into question the responsibility of the SAS Fotello.
Article 17 : applicable Law
All the clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale referred to therein, will be subject to French law.