Between SARL Fotello, 4 allée Crabbé, 67100 Strasbourg, with share capital of € 10,000, registered in the Strasbourg Trade and Companies Register under number 841 292 584, SIRET 841292584 00015, represented by Mr. François SCHAEFFER, as chairman, duly authorized for the purposes hereof. The company can be reached by email at the following address: contact@fotello.fr. Hereinafter the "Seller" or the "Company" on the one hand, and the natural or legal person purchasing the company's products or services, hereinafter, "the Buyer", or "the Customer On the other hand, It was stated and agreed as follows:
PREAMBLE
SAS Fotello is the author of the sales offer for products marketed through its website www.fotello.fr, exclusively for consumers. The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
Article 1: Purpose and general provisions
These General Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller. These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order. These T & Cs can be viewed on the Company's website at the following address: www.fotello.fr. The Company also ensures that their acceptance is clear and unreserved by making the GTCS available at the bottom of each page. By clicking on "place my order", the Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale related to a product or a service, and to accept them without restriction or Reserve. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Price
The prices of the products sold through the website are indicated in Euros all taxes included (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary for access to the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 3: Conclusion of the contract online
The Customer must follow a series of steps specific to each Product offered by the Seller in order to be able to place his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address…); ➢ Acceptance of these General Conditions of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of the instructions for the payment, and payment of the products. ➢ Product delivery. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for 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 made available to the buyer on the company's websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the
website of the Company, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding compliance and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the
ordered. The refund can be requested as follows: contact us by email at contact@fotello.fr indicating your request and the order number as well as the product in question if several products were on the order. After verification from us, return your product to us. Provided the 14 day deadline has not been exceeded and the product is unused and in the same condition that you received it, we will issue a full refund of your order plus return shipping costs within 10 working days by the means of payment used when ordering.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Terms of delivery and returns
In the event of delivery and default of payment, Fotello is entitled to claim the products ordered. The products are delivered to the delivery address which was indicated when ordering and within the time period indicated on the product sheet. This time does not take into account the time taken to prepare the order. When the delivery requires an appointment with the Customer, the latter undertakes to be present to receive the package. In the event of late delivery attributable to the customer because of his absence, the latter will not be able to denounce the sale. In the event of the customer's prolonged absence, an absence which prevents him from receiving his order, the customer may have to pay the costs of a new delivery or the storage costs caused by his absence. When the Customer orders several products at the same time, they may have different delivery times and therefore delivered according to the following terms: either delivery of the entire order at the same time at the customer's request, or delivery of products after products depending on availability. By default fotello will deliver the products one after the other according to their availability. In the event of a delay in shipping or delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “one way” costs, if any, under the conditions of Article L 138-3 of the Consumer Code. In this case, only the refund of the product will be made. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered: upon delivery, the Customer or the recipient of the Products will open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate "refusal for damage" on the return slip. The Customer must then as soon as possible (1 working day after delivery) contact Customer Service so that Fotello can assert its rights vis-à-vis the carrier and on the other hand, in the event that the Product is still in the possession of the Customer, initiate the return procedure. Free shipping and returns are limited to 1 per purchase. Beyond that, they will be the responsibility of the customer. Returns are free as long as the initial delivery is free otherwise they will be charged the same amount as the delivery. In the event of a paid return, the return price will be deducted from your refund. Any product personalized via our tool cannot be returned to us in accordance with the legislation on personalized products.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event of unavailability of an item for a period exceeding 30 working days, you will be immediately notified of the foreseeable delays.
delivery and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its refund.
Article 8: payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card, via paypal, apple pay or amazon pay. Cards issued by banks domiciled outside France must be
international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the SSL encrypted network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code,
the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or in the event of the impossibility of debiting the card, the Sale is immediately terminated as of right and the order canceled.
Article 9: Withdrawal period and refunds
In accordance with article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of , where applicable, return costs ”. "The deadline mentioned in
the preceding paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services ”. The right of withdrawal can be exercised by contacting the Company as follows: Indicate your request to contact@fotello.fr indicating the reference of your order and the products concerned if there are several. We inform Customers that
in accordance with article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for gift cards already partially or totally used. In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased and the costs
shipping will be refunded as well as the return costs. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), if this is not the case Fotello reserves the right not to accept the return and the request for reimbursement. ; they must be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find in the "FAQ and help" section the standard withdrawal form to be sent to the following address: contact@fotello.fr or to the company headquarters 10 rue de Zurich 67000 Strasbourg by registered mail with acknowledgment of receipt.
Refund procedure: 10 working days from receipt of the form and / or products by the means used during the purchase. Only products that have not been personalized (particular size, color of the base, colors of the armrests, color of the fabric among a wide variety of fabrics, etc.) can be reimbursed or be the subject of a credit note. Any product personalized via our tool cannot be reimbursed, be the subject of a credit note or a return in accordance with the legislation on personalized products.
Article 10: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made as follows: Sending an email with photo, order number and details of the defective product. The Seller reminds that the consumer: - has a period of 2 years from the delivery of the good to act with the Seller - that he can choose between replacement and repair of the good subject to
of the conditions provided for by art. apparently defective or not corresponding - that it is exempted from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good. The consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code). Additional guarantees: Depending on the manufacturer, the guarantee period may be extended, or even manufacturer's sheet.
Article 11: Complaints
If necessary, the Purchaser may submit any complaint by contacting the company using the following contact details: email contact@fotello.fr, telephone 03 67 15 85 97 or letter to 4 allée Crabbé 67100 Strasbourg.
Article 12: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is carried out through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller's obligations at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event (war, strike, riots, social unrest, natural disaster) as soon as possible.
Article 14: nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
Article 15: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify your personal data. By adhering to these general conditions of sale, you agree that we collect and use this data for the performance 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 concerning products published by the
Company and its partners. You can unsubscribe at any time. All you have to do is click on the link at the end of our emails or contact the data controller (the Company) by RAR letter. We carry out attendance monitoring on all of our sites.
For this, we use tools such as Google analytics, shopify.
Article 16 Limitation of liability clause
A clause limiting the Seller's liability for the performance of the service is stipulated: this will be limited to the amount of the purchase that the client has made and for which the latter wishes to question the liability of SAS Fotello.
Article 17: applicable law
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
