Date: 2018-06-20 18:09:59 +00:00

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 https://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 508 822 665.. These conditions apply exclusively to non-commercial individuals.

ARTICLE 2 / ORDER

The CLIENT can buy via the website http://www.faguo.fr (formerly https://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 https://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 is worth accepting prices and descriptions of products available for sale. FAGUO undertakes to honor the orders received on the website only within the limits of available stocks. In the absence of availability of one or more ordered product (s), FAGUO undertakes to inform the Customer as soon as possible. The order of the Customer will then be canceled automatically for the items concerned and the corresponding amount refunded.

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 Orders” 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

So Colissimo – home

The package is delivered personally to the CLIENT or delivered in his mailbox. If its size does not allow a mailbox, it will be made available to the CLIENT in the post office to which it is attached. The CUSTOMER thus has 15 working days since the arrival of his package in post office, to come and withdraw it. After this time, it will be returned to sender.

Mondial Relay – relay point

The CLIENT will be informed of the availability of his parcel by email, notifying him to come and withdraw it in relay point within 15 working days.

After this period, his parcel will be returned to the sender.

TNT – home

The parcel is delivered by hand to the CLIENT. If the CLIENT is absent he will be put at his disposal in the nearest relay point. The CUSTOMER has 15 working days since the arrival of his package, to come and withdraw it. After this time, it will be returned to sender.

5.3 Delivery times and fees

FAGUO processes orders from Monday to Friday (except holiday), within an average of 48 hours. At certain periods (especially during sales, Christmas, private sales), the processing time may be longer due to the greater number of orders to be processed.

It is necessary to add to this delay the transport times, the delivery of orders being ensured by the parcel service of La Poste, Mondial Relay or TNT.

The maximum delivery time, including transport, is 15 working days from the date of validation of the order, unless otherwise expressly stipulated before the placing of the order and prior to the final validation of it.

In all cases, the CLIENT automatically receives an email informing him of the shipping and the follow-up of his order.

Each delivery will be deemed made as soon as the product has been made available to the CLIENT, by the postal service or by the carrier.

Via Colissimo Domicile: 4.9 € VAT included, free from 80 € of purchase. At home without signature, in 2/3 working days.

Via Mondial Relay: 2,9 € TTC (Corsica + 3 €), free from 80 € of purchase. In collection point, in 3/5 working days.

Via TNT: 9,9 € TTC, free from 150 € of purchase. At home in 24h, if order placed before 12h.

ARTICLE 6 / DELIVERY ABROAD

6.1.Delivery times and fees

FAGUO processes orders from Monday to Friday (except holiday), within an average of 48 hours. At certain periods (especially during sales, Christmas, private sales), the processing time may be longer due to the greater number of orders to be processed.

It is necessary to add to this delay the transport times, the delivery of orders being ensured by the parcel service of La Poste International and Mondial Relay.

The maximum delivery time, including transport, is 15 working days from the date of validation of the order, unless otherwise expressly stipulated before the placing of the order and prior to the final validation of it.

In all cases, the CLIENT automatically receives an email informing him of the shipping and the follow-up of his order.

Each delivery will be deemed made as soon as the product has been made available to the CLIENT, by the postal service or by the carrier.

BELGIUM, LUXEMBOURG, GERMANY, HOLLAND

Via Colissimo Europe: 7,9 € TTC, free from 100 €

At home with signature, in 4/7 working days.

BELGIUM, LUXEMBOURG, SPAIN,

Via Mondial Relay: 2.9 € TTC (Spanish Islands + 10 €), free from 80 € of purchase. In collection point, in 3/6 working days.

REST OF EUROPE

Via Colissimo Expert International: 13,9 € TTC, free from 100 € of purchase.

At home with signature, in 4/10 working days.

Outside the European Union, customs fees may be applied and are the responsibility of the customer.

REST OF THE WORLD + DOM TOM

Via Colissimo Expert International: 23,9 € TTC, free from 200 € of purchase.

At home with signature, in 4/10 working days.

Outside the European Union, customs fees may be applied and are the responsibility of the customer.

ARTICLE 7 / 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 8 / 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.
In order to exercise its right of withdrawal, the CLIENT must notify FAGUO of its decision to withdraw before the expiry of the period:

Either by logging in to your CUSTOMER space in the ” My Order History” section by following the procedure below: – Formulate a return request by selecting: the number, the order date and the product(s) he wishes to return (tick the boxes),

– Indicate the reason for the return in the dedicated box for this purpose,

– Validate your request for return.

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

The CLIENT will then receive by email acknowledging receipt of his request a return number and a return tag to be affixed on the package. The tag allows you to get free return cost.

If the right of withdrawal is exercised within the aforementioned period, only the price of the product (s) purchased and any delivery charges will be reimbursed to the CUSTOMER upon receipt of the sending or a justification of shipping. The costs of return will be assumed by FAGUO (for shipments from FRANCE exclusively).
In accordance with Article L.121-23 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 9 / RETURN AND REFUND

9.1 time

Notwithstanding the aforementioned period of withdrawal, the CLIENT shall have a period of 30 clear days from the date of receipt of the order to return the article (s) not suited to him, and subject to compliance with the conditions set out below. Returns received out of time will be re-shipped to the customer. No refunds will be made.

9.2 Return Policy

All returns must be made via the “My Order History” section of the CLIENT account within 30 days of receipt of the order, following the steps below:
-Formulate a return request by selecting the number, order date and product (s) you wish to return. (check the boxes),
-Indicate the reason for the return in the dedicated box for this purpose,
-Validate your request for return.
The CLIENT will then receive by email a return number and a return tag to be affixed to the package. The label allows you to pay no return costs.
– Attach the Delivery Note in your package by highlighting the product line (s) concerned.

If the 30-day deadline is exceeded, returns will be refused.

International returns are to be taken charge of by the CLIENT for the following countries:

Zone 1: Germany Belgium, Luxembourg, The Netherlands.

Zone 2: Austria, Spain, Italy, Ireland, Portugal, United Kingdom.

Zone 3: Estonia, Hungary, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Switzerland.

Zone 4: Croatia, Finland, Greece, Malta, Romania.

Zone 5: Australia

9.3 Status of goods

All returned products (shoes, clothing, luggage, accessories, instructions, etc.) must not have been worn, washed or damaged and must be returned intact in their original packaging (tissue paper, plastic sleeve, initial labeling).

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. Only returns from Faguo.fr orders will be accepter.

9.4 Reimbursement of returns

In case of return in compliance with the conditions mentioned above, FAGUO will refund the returned products no later than 10 days after the return of the goods. This refund will be made by transfer to the CLIENT’s bank account.

9.5 Reimbursement of shipping costs

FAGUO will reimburse the shipping costs incurred by the CUSTOMER if the latter has previously made a return request to the FAGUO CUSTOMER service and that the order is returned to FAGUO, (FAGUO, 2 rue William and Catherine Booth – Dock ND4, 10000 TROYES ) in full and within 30 days of receipt of the order.

9.6 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, 2 rue William et Catherine Booth – Quai ND4, 10000 TROYES) in full and within 30 days of receipt of order.

ARTICLE 10 / 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 11 / 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 12 / STATUTORY WARRANTIES

12.1 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.

12.2 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, 2 rue William et Catherine Booth – Quai ND4, 10000 TROYES). 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. Applicable only on products bought by orders on faguo.fr.

ARTICLE 13/PERSONNAL DATA

REGULATORY FRAMEWORK

In accordance with the Data Protection Act of 6 January 1978, and the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016), FAGUO processes the personal data of its customers and prospects, hereinafter referred to as Customer data and Prospect data.

TREATMENT MANAGER AND DPO

The data controller is FAGUO whose head office is located at 52 rue marcadet Paris 75018, and the Data Protection Officer of the Eram Group is Céline Delaunay whose email is dpo@faguo.fr

TYPE OF DATA COLLECTED

The Customer and Prospect data collected by FAGUO may be the following: name, surname, civility, email address, date of birth, postal address and delivery address, telephone number. FAGUO also reserves the right to collect navigation data by the use of cookies, in accordance with the legislation in force. The cookie is a computer file stored on the hard disk of the Client’s computer. It aims to report a previous visit of the Customer or Prospect on the website https://www.faguo-store.com/en

PURPOSES OF TREATMENTS

These Customer and Prospect data are collected as part of FAGUO’s footwear, leather goods, accessories and clothing sales and management of the customer and prospect base through segmentation, prospecting, loyalty and communication by email or SMS.

Recipients

The recipients of the data are FAGUO’s customer service, e-commerce marketing, as well as several payment providers: BNP Mercanet, Paypal and Leetchi, the company that maintains the SMART IMPACT system, the host of the www.faguo-store website .com: Ikoula, and our transport providers Colissimo, Mondial Relay and TNT to ensure the delivery of customer orders. Transfers of data with our service providers are contractually regulated and in accordance with the law in force, and are subject to an adequate level of data security.

Conservation

The Customer or Prospect has a right to access and rectify data concerning him, and may also assert his right to erasure or right to be forgotten, as well as his right of opposition or right to portability . For any request, simply write to FAGUO SAV at 52 rue marcadet Paris 75018 – commande@faguo.fr
On the other hand, the Customer or Prospect may deactivate the use of cookies at any time, by selecting the appropriate parameters of his browser. However, such disabling may prevent the use of certain features of the site https://www.faguo-store.com.
Finally, any Customer or Prospect has the right to lodge a complaint before the competent supervisory authority (in France, this is the CNIL) concerning the processing of his personal data.

RIGHTS OF THE PERSON CONCERNED

The customer or the right of access to a right of access and rectification of the data concerning him, and may also assert his right to the erasure or the right to be forgotten, as well as his right of opposition or right to portability. For any request, simply write to FAGUO SAV at 52 rue marcadet Paris 75018 – commande@faguo.fr On the other hand, the Customer or the Prospect may deactivate the use of cookies at any time, by selecting the appropriate parameters of his browser. However, disabling may prevent the use of certain features of the https://www.faguo-store.com website. Finally, any Customer or Prospect the right of entry into force of a control procedure (in France, this is the CNIL) concerning the processing of his personal data.

LICE OF TREATMENTS

The provision of Customer data is necessary for a purchase on the website https://www.faguo-store.com/fr, especially for the delivery of the order to the customer. The collection of Prospect data is based on the legitimate interest of the controller. Finally, data processing by FAGUO can meet a legal obligation (tax or litigation management for example).

ARTICLE 14 / 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.

ARTICLE 15 / LENGTH

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

ARTICLE 16 / DISPUTES

These terms and conditions are subject to French law. In case of dispute, FAGUO and the Customer will try to resolve this issue amicably. In accordance with the provisions of the Consumer Code concerning the friendly settlement of disputes, FAGUO adheres to the Service of the e-commerce ombudsman of the FEVAD (Federation of e-commerce and distance selling) whose contact details are: 60 Rue The Boétie – 75008 Paris – http://www.mediateurfevad.fr. After prior written authorization from consumers to FAGUO, the Ombudsman’s Service can be seized of any consumer dispute, the settlement of which would not have been successful. To find out how to refer the case to the Ombudsman, click here. (Http: /www.mediateurfevad.fr/index.php/espace-consommateur/) For orders placed on the site, you can also present your possible complaints on the dispute resolution platform posted by the European Commission: http://ec.europa.eu/consumers/odr/. The European Commission will transfer your complaint to the relevant national mediators.

ARTICLE 17 / 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 18 / 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.