GENERAL TERMS OF SALE
These general terms of sale rightfully apply to all product sales concluded between GUETTA EVENTS, a limited liability company with share capital of €73,500, listed in the Paris Trade and companies register under 441 844 255, with head office at 108 Rue de Rivoli, 75001 Paris, in the person of its legal representatives (hereafter referred to as the "Seller") and any other natural person or legal entity wishing to make a purchase of one or more items marketed on the website accessible at the URL address https://fmif-shop-online.myshopify.com/ (hereafter referred to as the “Customer”).
CLAUSE 1 – OBJECT
These general terms of sale aim to define the contractual relations between the Seller and the Customer and the conditions applicable to any purchase made on the website https://fmif-shop-online.myshopify.com/ (hereafter the “Website”), whether the buyer is a professional or a consumer.
Under Article L113-3 of the Consumer Code, these terms of sale are brought to the Customer’s attention at the time of ordering.
Any order placed by the Customer implies de facto its unreserved adhesion to these terms of sale.
The Seller may change these terms of sale published on the Website at any time.
The general terms of sale applicable are those in effect on the Website on the day of the order placed by the Customer.
CLAUSE 2 – PRODUCTS
The products proposed for sale by the Seller are those appearing on the Website on the day it is consulted by the Customer, within the limit of the available stocks.
Each product is described precisely, including a photograph, the price, sizes, the available colours and the main characteristics.
The photographs of the products may include minimal differences between the product and the illustration, depending on the resolution of the Customer’s computer screen colours.
The Seller agrees to deliver products in conformity with the legal and regulatory safety and health prescriptions.
CLAUSE 3 – ORDER
The Customer places the order on line at the Website and must:
– fill out the estimate lines giving all the references of the products chosen,
– validate its estimate to convert it into an order,
– specify the required mandatory or optional identification,
– validate its order after checking it,
– make the payment under the stipulated conditions.
Confirmation of the order entails acceptance of these terms of sale, recognition of having perfect cognizance of them, and waiver of invoking its own terms of purchase or other terms.
All the data furnished and the confirmation recorded will be equivalent to proof of the transaction.
The confirmation is equivalent to signature and acceptance of the operations made.
The Seller will confirm the logged order by email.
Any order made by the Customer obligates the Customer to pay in full when placing the order. Thus no order will be finally taken into consideration until after acceptance of the payment.
The Seller agrees to honour the orders within the limits of the available stocks.
If an item ordered by the Customer is not available, it shall be informed of this immediately and shall have the capacity to cancel its order, and shall be reimbursed within seven days.
If the stock depletion is final, the Seller will cancel the order and proceed with reimbursement of the sums paid by the Customer.
The Seller may issue a credit note to the Customer in the event that a product in not available pursuant to a return for exchange or unavailability of size. The credit note is valid for one (1) year for any new order placed on the Website. However, the Customer has the capacity to request reimbursement of the credit note throughout its period of validity.
The Seller has the capacity to cancel or refuse any order from a Customer with whom there exists a dispute over payment of a previous order.
The Seller may rightfully claim proof of identity and/or of address from the Customer to make sure of the identity of the holder of the bank card used for payment.
CLAUSE 4 – PRICEs
The prices indicated on the product data sheets are expressed in Euros and are understood to include all taxes but exclude transport charges.
The value-added tax applicable is the one in effect in continental France on the day of the order.
The Seller reserves the capacity to change its prices at its convenience.
The products ordered are invoiced at the rates in effect when the order is placed, subject to availability of the products.
The total price indicated in the order confirmation includes the price of the products, handling expenses, transport expenses (the amount of which will be specified when the delivery mode is selected, depending in particular on the global weight of the order and the country of delivery).
The prices of the products for overseas departments and territories of France, for Switzerland and for other countries outside the EU are indicated excluding tax.
The orders place on the Website for destinations outside continental France may be subjected to any taxes and customs duties.
The Customer is obligated to inform itself of any customs duties that may be applicable to its situation in the event of an order.
These customs duties and any expenses are at the exclusive expense of the Customer.
CLAUSE 5 – PAYMENT PROCEDURES
When the Seller accepts the order, the Customer agrees to pay the Seller the full payment. Otherwise the order will not be processed.
The order is settled either by bank card or by bank transfer or by PayPal, per the procedures specified at the time of order.
The transactions made on the Website are protected by the SSL universal encryption system (Secure Socket Layer).
CLAUSE 6 – DELIVERY PROCEDURES
The products ordered are sent to the delivery address indicated by the Customer at the time of order.
In the event of error or omission by the Customer in communicating the delivery address, the Seller cannot be held responsible for the impossibility of delivering the ordered products. Any package return expenses by the transporter are at the Customer’s exclusive expense.
The Seller will contact the Customer by email to communicate its full address to it and settle the re-shipment expenses of its order, the amount of which will be specified to it.
If the Customer does not answer within one (1) month of the sending of said email, the Seller will return the products ordered to sale.
The Customer shall benefit from a credit note for an amount corresponding to the amount of the order, not including transport expense, for a terms of validity of one year, or may request reimbursement of its credit note during its period of validity.
The Customer is informed and accepts that the Seller can entrust the delivery operations to the third parties of its choice.
In the event of damage during transport, the informed protest must be expressed to the transporter within three (3) days counting from delivery.
The delivery times furnished when the order is placed are given only as an indication. If they exceed thirty (30) days from the order, the sale contract may be cancelled and the Customer reimbursed.
CLAUSE 7 – RETRACTION RIGHT – return/exchange POLIcy
The Customer has a retraction period of fourteen (14) days counting from delivery of the order to have the product returned to the Seller for reimbursement without penalty, except the return expenses, while it is specified that for professional customers, 15% of the amount will be deducted for management expenses. For all orders whose volume does not correspond to the normal use of an individual, that is, more than 10 items, the return terms applicable to professionals will be applied.
The retraction request must be notified to the Seller at the email address email@example.com. The Customer must specify its will either to exchange the returned product with another product (re-shipment expenses at the Customer’s expense), or to obtain a credit note valid one (1) year on the Website, or to be reimbursed. A return number and the return procedure will be communicated to the Customer by email.
The products must be returned in new condition in their original packaging, accompanied by the invoice, without excessive delay and, in any event, no later than fourteen (14) days after notification of the retraction decision.
The Customer’s liability is engaged in the event of depreciation of the products resulting from manipulations other than those necessary for establishing the nature, characteristics and good functioning of the products, that is, when the items are returned incomplete, worn, damaged, used or dirtied.
In the event of error in the preparation of the order (error in the size requested and/or in the product ordered) attributable to the Seller, the Seller shall take care of return and re-shipment expenses.
CLAUSE 8 – GUARANTEES
The Seller agrees to deliver a product in conformity with the order placed by the Customer.
In the event of non-conformity, the Seller answers for the conformity defects of the product under the contract, under the terms of Article L 211-4 et seq. of the Consumer Code, as well as the hidden defects of the sold object, under the terms of Articles 1641 et seq. of the Civil Code.
Any claims under this legal guarantee of conformity must be expressed by email to the following address firstname.lastname@example.org or by postal mail to the address:
108 Rue de Rivoli
The legal guarantee applies independently from any commercial guarantee granted.
If the Customer decides to invoke the guarantee against hidden defects of the sold object in the sense of Article 1641 of the Civil Code, and only in this case, it may choose either to resolve the sale or to reduce the price under Article 1644 of the Civil Code.
CLAUSE 9 – RESERVATION OF OWNERSHIP
The products are sold under reservation of ownership. The Seller thus conserves the ownership of the products up to full payment of the price by the Customer.
CLAUSE 10 – FORCE MAJEURE
Neither of the parties may be held liable if it is prevented or delayed in the execution of its obligations for reason of force majeure resulting from an unforeseeable, irresistible event external to their will.
In particular, in the event of fire, climatic events, natural disasters or any other accident provoking the total or partial destruction of the company, a general strike, the lack of drive force or raw materials resulting from a cause of general order.
In the event of force majeure, the delivery shall be postponed to a later date after cessation of the event of force majeure, without the Customer and Seller being able to claim any indemnity for any damages whatsoever.
If the event of force majeure exceeds four (4) weeks, each of the parties shall have the capacity to cancel the contract by registered letter with acknowledgment of receipt, without costs.
In such event, the Seller shall return the sums paid by the Customer at placement of the order, to the exclusion of all other indemnities due by the Seller to the Customer.
CLAUSE 11 – PERSONAL INFORMATION AND DATA
Under the "Personal Data Files and Freedoms" Act 78-17 of 6 January 1978, the Customer has a right to access, rectify and oppose at any time all its personal data by expressing a request transmitted by letter to GUETTA EVENTS, 108 Rue de Rivoli, 75001 Paris.
CLAUSE 12 – INTELLECTUAL PROPERTY
All texts, comments, images and photos of products reproduced on the Website are the exclusive property of the Seller and are protected by copyright.
Any reproduction, even automated, of the pages presenting the products or any other pages of the Website, for commercial purposes, is prohibited.
Only the automatic indexing of the Website pages resulting from the naturel referencing in Internet search engines is allowed.
Only the use of the texts, comments and images for private use is allowed.
Any other use constitutes a violation of intellectual property.
The Seller reserves the capacity to file suit to guarantee its rights against any persons acting in violation of these provisions.
CLAUSE 13 – APPLICABLE LAW AND JURISDICTION
These general terms of sale are governed by French law.
If any dispute between the Seller and Customer concerning the formation, interpretation and/or execution of the sale contract cannot be resolved amicably, it shall come under the territorially competent courts.