General conditions of sale
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GENERAL TERMS AND CONDITIONS OF SALE:
Any order placed for a product on the online store www.freetime.fr , hereinafter referred to as "the SITE", hosted by Shopify, implies prior consultation and acceptance of these terms and conditions of sale. Clicking to confirm the order constitutes full acceptance of these terms and conditions and is a "digital signature".
In the event of a sale to a legal entity, any dispute relating to the sale (price, terms and conditions, products, etc.) will be subject to French law and settled by the Commercial Court of the seller's registered office.
OBJECT :
These general terms and conditions define the rights and obligations of the parties in the context of the online sale of goods offered by FGM International SARL (FREETIME), hereinafter referred to as "the SELLER" or "we", to the consumer, hereinafter referred to as "the BUYER" or "you".
SELLER'S CONTACT INFORMATION:
FGM International SARL owns, develops and markets the Freetime® brand. It is registered in the trade register under number RCS 402 955 876.
- Contact information :
- FGM International SARL - FREETIME
- Frimont Industrial Zone
- 33190 La Réole, France
- 236 Rue Marie Curie
- contact@freetime.fr
- Tel: +33 5 56 61 51 51
- SIREN : 402 955 876
- APE : 4690Z
- Intra-community VAT : FR 96402955876
Eco-participation identifiers :
- Sleeping bags: FR035518_107YIM
- Other sporting goods: FR254907_22TYXW
- Packaging: FR254907_01FTUJ
ORDER CONFIRMATION:
Contractual information will be confirmed by email to the address provided by the BUYER when placing the order.
PAYMENT :
Payments can be made by debit card, credit card, or via PayPal. Bank transfers are accepted only for France and EU member states. Payments by check are not accepted.
PROOF OF TRANSACTION:
Electronic records, stored in the SELLER's computer systems under reasonable security conditions, are considered proof of communications, orders, and payments between the parties. Orders and invoices are archived on a reliable and durable medium that can serve as evidence.
PRODUCT INFORMATION:
Every effort has been made to ensure the accuracy of the information presented on the SITE. However, the SELLER and its suppliers are not liable for the consequences of electronic transmission or the accuracy of the information, even if the SELLER was aware of the possibility of such damages. Product and manufacturer names are used for identification purposes only. Product photos and descriptions are not contractual. Please note that colors displayed on screens may vary. Dimensions and weights are provided by the suppliers with a tolerance of +/- 10%, which is considered acceptable.
VALIDITY PERIOD OF OFFERS AND PRICES:
The prices displayed on the SITE are valid for the day.
DELIVERY METHODS:
Products are delivered to the address provided by the BUYER on the order form and only within the areas we serve. All products are shipped from our premises in perfect condition.
STANDARD DELIVERY TIMES:
Orders placed before 12:00 PM are shipped the same day; those placed after 12:00 PM are shipped the next business day, excluding weekends and public holidays. Typical delivery times are:
- Metropolitan France : 24 to 48 hours
- EU countries : 48 to 96 hours
- Other countries : 4 to 14 days
For any order outside mainland France, any customs duties and VAT are the responsibility of the BUYER.
DELIVERY DELAY
As with any shipment, delays or lost packages are possible. In such cases, the BUYER must contact the SELLER as soon as possible. We will then contact the carrier to initiate an investigation. Every effort will be made, for as long as necessary, to locate the package. If the package is lost, the SELLER will be reimbursed by the carrier and will ship a new, identical package at their own expense.
The SELLER declines all responsibility for any delays in delivery caused by the carrier, particularly in the event of loss of products, bad weather, strikes, public holidays or holiday periods.
The delivery time for an incident-free shipment must not exceed 30 days - (Hamon Law 2014)
- Please note, however, that for orders shipped via Colissimo Tracking, we experience a 2% rate of delivery delays or product losses.
- Regarding the loss of a package, we are unfortunately not responsible for the actions of La Poste and we can only proceed with a new shipment after La Poste has issued an official declaration of loss, i.e. after 21 days.
Similarly, in the event of an unexpected postal workers' strike, we decline all responsibility for delivery delays.
DELIVERY PROBLEM CAUSED BY THE CARRIER
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products…) must be indicated on the delivery note in the form of “handwritten reservations” accompanied by the BUYER’s signature.
The BUYER must notify the carrier (or postal worker), by noting any sign of damage to the package (holes, crushing, etc.) on any physical or electronic document serving as a delivery slip. The BUYER may also choose to refuse delivery if the package is damaged; in this case, a new, identical product will be sent to them free of charge. The BUYER will not be entitled to any compensation for the delay caused by the new shipment.
In all cases, the BUYER must notify the SELLER as soon as possible, either by email or by telephone, of any reservations made upon receipt and/or the reasons for refusing delivery.
If no reservations were made upon receipt of the package, the exchange of any product subsequently declared damaged during transport cannot be covered.
The BUYER must also confirm this anomaly by sending the carrier a registered letter with acknowledgment of receipt within three (3) working days following the delivery date, setting out the said claims.
The BUYER must send a copy of this letter to the SELLER, either by mail or email. Without this confirmation, the SELLER will not proceed with any exchange.
RIGHT OF WITHDRAWAL
The right of withdrawal applies only to natural persons.
In accordance with Article L. 121-21 of the Hamon Law, the BUYER has a period of fourteen (14) calendar days to exercise their right of withdrawal. This period begins on the day the order is received by the BUYER or a third party designated by them. This means that the BUYER must contact the SELLER within 14 days of receiving their order to inform them of their decision to cancel the purchase.
Once the SELLER has confirmed acceptance of the withdrawal, the BUYER has 14 days to return the products that do not suit him/her.
In the context of a return, only the following items can be returned:
- In perfect condition
- Complete
- Not used
- In their original packaging
The return must include the invoice and any accessories, instruction manual and documentation provided at the time of purchase.
In the event of a return, the return shipping costs are the responsibility of the BUYER.
Returns are made at the BUYER's own risk and under their sole responsibility. The BUYER is free to choose the shipping method and to purchase insurance against loss, theft, or damage to the package. Returns sent with postage due are not accepted.
Upon receipt of the returned items, the SELLER will notify the BUYER of the receipt.
After verification of conformity, the BUYER will be informed of the possible approval of the refund. If approved, the refund will be issued within 14 days via the same payment method used for the purchase.
If the buyer exercises their right of withdrawal, they may choose either a refund of the sums paid or an exchange of the product. In the case of an exchange, the return shipping costs will be borne by the buyer.
Beyond this deadline, any claim will be rejected.
This complaint to the SELLER can be made by mail, email or telephone.
After analyzing the situation, the SELLER will confirm to the BUYER, if applicable, that the exchange will be handled at the SELLER's expense.
Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the SELLER from all liability towards the BUYER.
RETURN CONDITIONS
In case of a delivery error, any product to be exchanged or refunded must be returned to the SELLER'S ADDRESS:
- In perfect condition
- Complete
- Not used
- In their original packaging
The return must include the invoice and any accessories, instruction manual and documentation provided at the time of purchase.
Shipping costs are borne by the SELLER only in the event of an order preparation error or a non-conformity. In both cases, the SELLER will send a prepaid return label to the BUYER after reviewing the claim.
WARRANTY AND PRODUCT NON-CONFORMITY
The provisions herein shall not deprive the BUYER of the legal guarantee which obliges the professional seller to guarantee him against all consequences of hidden defects in the thing sold.
The warranty period is two (2) years. Excluded from this warranty are all products modified or repaired by the BUYER or by any entity other than the service providers chosen by the SELLER.
The warranty excludes damage caused by misuse or normal wear and tear of the product.
"Legal guarantee of conformity" (extract from the Consumer Code)
Article L. 211-4 of the Consumer Code: "The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision."
Article L. 211-7 of the Consumer Code "Any lack of conformity which appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, the period mentioned in the first paragraph of this article is reduced to six months.
The seller can rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.
Article L. 211-9 of the Consumer Code "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may refuse to proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is obligated to proceed, unless impossible, according to the option not chosen by the buyer.
Article L. 211-12 of the Consumer Code: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods."
"Warranty against hidden defects" (extract from the Civil Code)
Article 1641 of the Civil Code "The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Article 1644 of the Civil Code "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded."
Article 1648 of the Civil Code - paragraph 1. "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."
FORCE MAJEURE
Neither party shall be deemed to have failed in its contractual obligations to the extent that their performance is delayed, hindered, or prevented by a fortuitous event constituting force majeure. Force majeure shall be defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, independent of the will of the parties, and which cannot be prevented by them despite all reasonable efforts.
The party affected by such circumstances shall notify the other party within ten working days of the date on which it became aware of them.
The two parties will then meet within three months, unless prevented by force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will continue.
If the force majeure event lasts for more than one month, these terms and conditions may be terminated by the affected party.
Specifically, the following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: the blocking of means of transport, earthquake, fires, storms, flood, lightning, the interruption of telecommunications networks or difficulties specific to telecommunications networks external to the customers.
Partial non-validation:
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.
NON-WAIVER
The failure of either party to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.
APPLICABLE LAW
These general terms and conditions are governed by French law. (Hamon Law 2014) - This applies to both substantive and procedural rules.
In the event of a dispute or complaint, the BUYER should first contact the SELLER to seek an amicable solution. If no amicable solution can be reached, the BUYER may, free of charge, contact the mediator to whom the SELLER is a member.
MEDIATION
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, FGM International adheres to the E-commerce Mediator Service of the Consumer Mediation Centre of Justice Conciliators (C2MC)
Mediator's contact details:
CM2C
14 rue Saint Jean
75017 Paris
www.cm2c.net
PROTECTION OF PERSONAL DATA
All the data you entrust to us is used in order to process your orders.
In accordance with French law no. 78-17 of 6 January 1978 concerning information technology, data files and civil liberties, you have the right to access, rectify, modify and delete the data you have provided to the SELLER. This right can also be exercised online.