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 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 – points of withdrawal
Delivery in one of the points of withdrawal Post your choice in France
The CLIENT will be notified of the availability of the package by email, with a withdrawal order for him to come remove office within 15 working days.
After this time, the parcel will be returned to sender.
TNT – 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 points of withdrawal to which it is attached. The CLIENT and has 15 working days from the arrival of the post office parcel, to come remove it. After this time it will be returned to sender.
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 or TNT.
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.
5.4. Shipping cost
For orders placed via So Colissimo – home delivery costs amount to € 4,9. For orders placed via So Colissimo – point Relay, delivery costs amount to € 2,9. For orders placed via TNT – at home, delivery costs amount to € 9,9.
5.5 Obligation of the parties
The Customer agrees to indicate to FAGUO an address to which the delivery can be made. The information required to collect personal information (name, address, telephone number, e-mail address …) collected for the purpose of concluding the contract of sale is compulsory. This information is essential for the processing and routing of orders and the preparation of invoices. Failure to provide information leads to the non-validation of the order. In the event of an error in the provision of this information, FAGUO can not be held responsible for the inability to deliver the product. In this case, the customer remains responsible for payment. In case of supply of an incomplete address resulting in the inability of delivery by the transport provider, the Customer will have to pay the delivery charges corresponding to the redirection of his order.
ARTICLE 5bis / 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: Norway, Croatia, Andorra, Macedonia, Iceland, Bosnia and Herzegovina, Faroe Islands..
Zone 3: USA, Canada, AFRICA, MIDDLE EAST.
Zone 4: ASIA.
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.
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 8 / RETURN AND REFUND
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.
8.2 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.
8.3 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.
8.4 Reimbursement of Returns
In case of return in compliance with the conditions mentioned above, FAGUO will refund the returned products at the latest within 30 days following the return of the goods. This reimbursement will be made by transfer to the CUSTOMER’s bank account or Paypal.
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, 2 rue William et Catherine Booth – Quai ND4, 10000 TROYES) 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, 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.
ARTICLE 12 / PERSONAL DATA
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.
ARTICLE 14 / LENGTH
These conditions apply throughout the line-up of the services offered by the company FAGUO.
ARTICLE 15 / 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 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.