Range of application of Terms and General Conditions of Sale FAGUO

ARTICLE 1 / PURPOSE AND IDENTIFICATION

These Terms and Conditions define the conditions applicable to sales made between, on the one hand, those wishing to make a purchase (hereinafter referred to as the “Customer”) through the website http://www.faguo.fr ( formerly http://www.faguo-store.com) and secondly the company FAGUO SAS. whose trade name is FAGUO a capital of 17,000 euros which is headquartered in Paris (75018), registered with the RCS paris under number 565 088 226. These conditions apply exclusively to non-commercial individuals.

ARTICLE 2 / ORDER

The CLIENT can buy via the website http://www.faguo.fr (formerly http://www.faguo-store.com).
The order implies irrevocable acceptance of these terms and conditions. These conditions of sale are subject to change, the applicable conditions are those in effect on the website http://www.faguo.fr (formerly http://www.faguo-store.com) on the date of the placing of the order.

It is operated using the following procedure:
1. The CUSTOMER selects the products to buy and add them to your shopping cart called “basket” by clicking once on “add to cart”.
2. To continue shopping or to order, the Customer must click on the button “continue shopping” or “order”.
3. Where the purchases are completed, the CUSTOMER should click on the “order” button which will redirect the page to “finalize my order.” The CLIENT will still have the possibility at this stage to change the order.
4. To finalize the order, the CLIENT must be connected to the CLIENT account to complete and confirm the details necessary for delivery. The order can be registered on the site if the user has clearly identified by the entry of the CLIENT code (corresponding to the email) and password selected. The CLIENT has the opportunity to spend an express order without creating password and therefore without saving customer account.
5. On the “finalize my order”, the CLIENT must declare to have read the terms and conditions (GTC) and accepted them.
6. If the Customer does not wish to make changes to the order and / or coordinates, it must confirm the order by clicking on “pay my order”. At this stage this second worth acceptance of contract.

Any order is taken into account after accepting payment.
After accepting payment, an order confirmation email will be sent to the CUSTOMER.
After confirming the transaction, the order number will be communicated to the CLIENT and an email confirming the systematic validation of the order of the CLIENT and shipment with its parcel tracking number.

ARTICLE 3 / PRODUCT AVAILABILITY

Any order implies acceptance of prices and descriptions of products available for sale. FAGUO is committed to fulfill orders received on the website only within the limits of available stocks of products. A lack of availability of one or more product (s) ordered (s), FAGUO agrees to promptly notify the Customer. The order of the CLIENT will be automatically canceled.

ARTICLE 4 / PRICES AND INVOICES

All product prices are indicated all taxes included, excluding postage.
FAGUO reserves the right to change prices at any time without notice.
The products will be invoiced on the basis of the price in effect at the time of confirmation of the order and remain the property of FAGUO until full payment is received.
The price will be payable in full at one time.
A consolidated invoice for the order will be available from the shipment of the order on the “My History” or “My Order” account CUSTOMER.

ARTICLE 5 / DELIVERY IN FRANCE

5.1. Delivery areas

Delivery is in mainland France and Corsica, subject to the provisions mentioned below. Products will be sent to the delivery address that the Customer has indicated during the order process.

5.2 Delivery Methods

Chronopost – express home delivery
Delivery within 24 hours against signing –
So Colissimo – home
The parcel is delivered by hand to the CUSTOMER or delivered in her mailbox. If size does not call into mailbox, it will be made available to the CLIENT in the post office to which it is attached. The CLIENT and has 10 working days from the arrival of the post office parcel, to come remove it. After this time it will be returned to sender.
So Colissimo – Relay Point
– Space Cityssimo
Delivery in one of the lockers Cityssimo 7/7 and 24h / 24
– Post office
Delivery in one of the 10 000 points of withdrawal Post your choice in France
The CLIENT will be notified of the availability of the package by SMS and email, with a withdrawal order for him to come remove office within 10 working days.
After this time, the parcel will be returned to sender.
– Trader
Delivery in one of the 37,000 businesses in the pickup network, Groupe La Poste
The CLIENT will be notified of the availability of the package by SMS and email, with a withdrawal order for him to come remove office within 10 working days.
After this time, the parcel will be returned to sender.

5.3 Delivery

FAGUO processes orders Monday through Friday (except holidays), with an average delay of 48 hours. At certain times (especially during sales, christmas, private sales), the processing time may be longer due to the greater number of orders to be processed.
Added to this delay the time of transport, delivery of orders is ensured by the parcel service La Poste.

The maximum period of delivery, including transport, is 15 working days from the date of confirmation of the order, unless expressly specified otherwise indicated before placing the order and prior to the final confirmation of this.
In all cases, the CUSTOMER automatically receives an email informing him of the shipment and the status of their order.
Each delivery will be done as soon as the product has been made available to the CUSTOMER, by the postal service or the carrier.

5.4. Shipping cost

For orders placed via So Colissimo – home delivery costs amount to € 5. For orders placed via So Colissimo – point Relay, delivery costs amount to € 2.
For orders placed via Chronopost, delivery costs amount to € 10.

ARTICLE 5 / DELIVERY ABROAD

5.1. Delivery areas

Zone 1: Germany, Italy, Latvia, Austria, Lithuania, Belgium, Luxembourg, Bulgaria, Malta, Cyprus, the Netherlands, Denmark, Poland, Spain, Portugal, Estonia, Czech Republic, Finland, Romania, United Kingdom, Greece, Slovakia, Hungary, Slovenia, Ireland and Sweden.
Zone 2: Switzerland, Russia, Norway, Serbia, Croatia, Andorra, Belarus, Moldova, Macedonia, Iceland, Bosnia and Herzegovina, Kosovo, Albania, Gibraltar, San Marino, Montenegro, Liechtenstein, Vatican City, Faroe Islands, Algeria, Tunisia, Morocco.
Zone 3: USA, Canada, AFRICA, MIDDLE EAST.
Zone 4: ASIA, SOUTH AMERICA, AUSTRALIA, Rest of World.

5.2 Delivery Methods

Chronopost – express home delivery
The International station
The parcels are delivered by post or by a carrier to the address when ordering. As such, FAGUO is not able to guarantee a specific time of delivery. The parcel is delivered by hand to the CUSTOMER or delivered in her mailbox. If size does not call into mailbox, it will be made available to the CLIENT in the post office to which it is attached. The CLIENT and has 10 working days from the arrival of the post office parcel, to come remove it. After this time it will be returned to sender.

Mondial Relay – Relay Point
Delivery in one of the 10 000 points of withdrawal Post your choice in France
The CLIENT will be notified of the availability of the package by SMS and email, with a withdrawal order for him to come remove office within 10 working days.
After this time, the parcel will be returned to sender.

5.3 Shipping and delivery costs

The Post International & Global Relay
Shipping costs time preparation time transportation total delivery time
Zone 1 € 20 1-2 days to 7 working days 8-10 working days
Zone 2 € 20 1-2 days 10 business days 10-12 days
Zone 3-4 € 40 1-2 days 15 days 17-19 working days

ARTICLE 6 / PAYMENT AND SECURITY

The settlement of purchases will be made using a credit card (Bankcard, Visa, Mastercard) or via a Paypal account.
The order will be registered upon acceptance of payment by the banking service. The CUSTOMER must enter the card type, the name on the card, the card number, expiration date and the security code on the back of it in the locations provided for this purpose.

The bank account of the CLIENT will be charged at time of order placement.
FAGUO implements all means to ensure the confidentiality and security of data transmitted over the web and on the www.FAGUO.fr website. As such, the website uses a module that provides encryption of bank details of the CUSTOMER’s credit card using SSL (Secure Socket Layer). Contact information will never transmitted unencrypted over the network.

ARTICLE 7 / RIGHT OF WITHDRAWAL

Pursuant to Article L.121-18 of the Consumer Code, CLIENT has a period of 14 days to assert his right of withdrawal without having to give any reason. The period from the starting point is the date of receipt of the ORDER by the client or by third party designated by him. If the 14-day period expires on a Saturday, Sunday or a holiday or holiday, it is extended to the next business day.
To exercise his right of withdrawal, the Customer must notify FAGUO its decision to withdraw before the deadline:

By connecting to its CLIENT space in “Your feedback” by following the steps below:
– Formulate a request for return by selecting: the number, order date and or the products they wish to return,
– Validate his return request.

Either by returning the duly completed and signed form of withdrawal to the following address: SAF FAGUO 52 rue Marcadet 75018 PARIS

The Customer will then receive by email acknowledging receipt of the application and a return number and a return label to be affixed to the package. The label helps pay no return charges.
Upon exercise of the right of withdrawal within the abovementioned period, only the price of the products purchased and any delivery charges will be refunded to the CLIENT to receive the package or justification by the CUSTOMER proof of shipment of the item.
Return costs will be borne by FAGUO.
In accordance with Article L.121-18-3 of the Consumer Code, the customer has a legal deadline of maximum 14 days from the date of withdrawal to return the products.
The Product will be returned in new condition (unworn, undamaged, not soiled or damaged) and must not have been the subject of prolonged use (beyond the time needed to test). They must be returned in their original packaging with any accessories.

ARTICLE 8 / RETURN AND REFUND

8.1 time

Regardless of the withdrawal period mentioned above, the Customer has a period of 30 days from the receipt of the order date for returning the item does not suit him, and subject to the conditions set out below.

8.2 Return Policy

Any request for return must be made via the “Your feedback” CUSTOMER account and within 30 days of receipt of the order by following the steps below:
Make a return request by selecting the number, order date and or the products they wish to return.
Validate its return request.
The Customer will then receive by email a return number and a return label to be affixed to the package. The label helps pay no return costs, this label will be sent only outside the sales periods and promotions.

8.3 Status of goods

All returned products (shoes, clothing, original packaging, accessories, manuals …) must be new, unused and in their original box intact and without writing.
Upon receipt of the package, FAGUO judge the state of the returned merchandise. No returns will be accepted and therefore no refund will be made if the returned products have been visibly used or damaged due to the CLIENT and that this use or damage render the product unfit for sale.

8.4 Reimbursement of Returns

If returned respecting the conditions mentioned above, FAGUO will refund goods returned later than 30 days after the return of the goods. This refund will be by bank transfer to the bank account of the CLIENT.

8.5 Refund of shipping costs

FAGUO reimburse shipping costs incurred by the CLIENT if the latter has made a prior request to return to the service CLIENT FAGUO and control is returned to FAGUO (FAGUO/TECHNIMAG, “La Paquerie” – Entrepôt P3 – Quai n°3, Route de Chaudron en Mages, 49111 Saint-Pierre Montlimart) in full and within 30 days of receipt of order.

ARTICLE 9 / INTELLECTUAL PROPERTY

All elements of the site FAGUO, whether visual or audio, are protected by copyright, trademarks or patents. They are the exclusive property of the company FAGUO.
Total or partial reproduction, modification or use of this mark, and more generally that of other intellectual property rights attached to the site, for any reason and on any medium whatsoever without prior express consent of the FAGUO company is strictly prohibited.

ARTICLE 10 / LIABILITY

FAGUO the company has, for all stages of access to the website and the ordering process an obligation of means. Responsibility for FAGUO company can not be held for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion or presence of computer viruses or any other incident of force majeure, accordance with the case.
In addition, the FAGUO company can not be held responsible in case the order would not lead or was prevented from meeting any of its obligations for a force majeure as defined in the case law, in particular in a strike or bad weather preventing the delivery of the order.
For products which were the subject of personalization, FAGUO company can not be held responsible choices to customize the personalized item that would not be suitable, including the possible difference in color “screen / reality.”

ARTICLE 11 / STATUTORY WARRANTIES

11.1 Legal guarantee of conformity and guarantee against hidden defects

The products have the legal guarantee compliance (Article L 217-4 and following of the Consumer Code) and the guarantee against hidden defects (Article 1641 of the Civil Code). Warranty is excluded in case of damages of external origin or consequential to misuse, improper handling, neglect or lack of maintenance by the Client, as in the case of normal wear and tear.
– Article L217-4 of the Consumer Code
The seller must deliver goods comply with the contract and liable for defects of conformity at the issue (…).
– Article L217-5 of the Consumer Code
To comply with the contract, the product must:
1º Be suitable for the purpose usually of a similar property and, where applicable, match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model ; The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2º Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.

Article L217.7 Consumer Code
The lack of conformity which becomes apparent within twenty four months from delivery of the goods are presumed to exist at the time of delivery, unless proved otherwise.
The seller can rebut this presumption if it is not compatible with the nature of the good or the defect invoked compliance.

Article L217-9 Consumer Code
In case of lack of conformity, the buyer chooses between the repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if the choice involves a manifestly disproportionate cost in relation to the other terms, given the property value or importance of the defect. It is then required to make, where possible, according to the modality chosen not by the purchaser.
Article L217.10 the Consumer Code

If repair and replacement, are impossible, the buyer can make good and get refund the price or keep the property and to the return of part of the price.
The same right is given to him:
1. If the requested solution, proposed or agreed pursuant to Article L.217-9 can not be implemented within the period of one month following the claim by the buyer;
2. Or if that does can be without major inconvenience to it in view of the nature of the property and use that research.
The resolution of the sale can not however be imposed if the defect is minor.

Article L217-12 Consumer Code
The action resulting from lack of conformity lapses two years after delivery of the goods.
Article L217-13 of the Consumer Code
The provisions of this section shall not deprive the buyer of the right to bring an action resulting from latent defects as resulting from articles1641 to 1649 of the Civil Code or any other action of contract, tort kind that is recognized by him the law.

Article 1641 of the Civil Code: The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the buyer would not acquired, or would have paid a lower price if he had known.
Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.

The guarantor of the defects of the thing sold is the SAS FAGUO whose office is located 52 rue Marcadet, 75018 PARIS. When acting legal guarantee of conformity, the customer has a period of two years from delivery of the product to act, can choose between repair or replacement of the property, subject to conditions laid down cost Article L. 211-9 of the Consumer Code, is conducted to prove the existence of the lack of conformity of the property during the 24 months following delivery of the goods. The legal guarantee of conformity applies regardless of whether commercial guarantees could be granted.
The customer may decide to implement the guarantee against hidden defects of the thing sold pursuant to Article 1641 of the Civil Code and can choose between canceling the sale or reduction of the purchase price in accordance with Article 1644 the Civil Code.

11.2 Arrangements for return and refund for defective or non-compliant

The CLIENT application for the benefit of the legal guarantee of conformity or hidden defects must return the item within legal deadlines to FAGUO (FAGUO/TECHNIMAG, “La Paquerie” – Entrepôt P3 – Quai n°3, Route de Chaudron en Mages, 49111 Saint-Pierre Montlimart). Prior to this return, the Customer must always request a return via the “Your feedback” account CUSTOMER.
In case of return of defective or non-conforming product after finding by FAGUO of the defect or non-compliance of the product, FAGUO reimburse the CLIENT the price of the item concerned and in case of return of the entire order, the shipping costs.

ARTICLE 12 / PERSONAL DATA

FAGUO reserves the right to collect data on the CUSTOMER, including the use of cookies in accordance with the law.
A cookie is a file stored on the hard disk of the computer of the CLIENT. It aims to report a previous visit to the CLIENT on the site www.FAGUO.fr. The CUSTOMER can disable the use of cookies by selecting the appropriate settings on their browser, however this you can prevent the use of certain features of the site www.FAGUO.fr
The user can explicitly oppose disclosure of their details. For this it is sufficient to report in writing to SAV FAGUO, 52 rue Marcadet 75018 PARIS or by email to: commande@FAGUO.fr.
The automated processing of information, including the management of users’ e-mail addresses, was the subject of a declaration to the CNIL.
According to the law of 6 January 1978, users have a right to access and correct data concerning them.

ARTICLE 13 / LAW

These conditions are subject to French law. In the event of a dispute, FAGUO and the CLIENT will try to resolve this issue amicably by means of the customer service, whose contact details are mentioned under article 17 below. For orders placed on the site, the CLIENT can also present any complaints on the dispute resolution platform posted by the European Commission: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the complaint to the competent national ombudsmen. In case of failure of the transaction, the competent court in case of dispute will be that of the domicile of the defendant.

ARTICLE 14 / LENGTH

These conditions apply throughout the line-up of the services offered by the company FAGUO.

ARTICLE 15 / DISPUTES

These conditions are subject to French law.
In case of dispute, and the CLIENT FAGUO attempt to resolve it amicably.
In case of failure of the transaction, the competent court in cases of dispute will be the domicile of the defendant.

ARTICLE 16 / PROOF

The records stored in computer systems FAGUO company and its partners under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties.

ARTICLE 17 / CUSTOMER SERVICE

For inquiries and questions, service FAGUO CLIENT is available:
– By telephone: Monday to Friday from 9:00 am to 18h at 01.84.17.14.61
– By email: commande@FAGUO.fr
– By mail to FAGUO, Customer Service, 52 rue Marcadet 75018 PARIS.