General conditions of sale
Freetime, explore the world
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 general terms and conditions of sale. Clicking the order confirmation button constitutes full acceptance of these terms and conditions and constitutes a "digital signature".
In the case of a sale to a legal entity, any dispute relating to the sale (price, general terms and conditions of sale, products, etc.) shall be governed by French law and settled by the Commercial Court of the seller's registered office.
SUBJECT:
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 with the trade register under number RCS 402 955 876.
- Contact information :
- FGM International SARL - FREE TIME
- Frimont Industrial Estate
- 33190 La Réole, France
- contact@freetime.fr
- Tel: +33 5 56 61 51 51
- SIREN : 402 955 876
- APE : 4690Z
- Intra-Community VAT number : FR 96402955876
Eco-participation identifiers :
- Sleeping bags: FR035518_107YIM
- Other sports articles: FR254907_22TYXW
- Packaging: FR254907_01FTUJ
ORDER CONFIRMATION:
The contractual information will be confirmed by email to the address provided by the BUYER when placing the order.
PAYMENT:
Payments can be made by bank card, credit card or via PayPal. Bank transfers are accepted only for France and EU member countries. Payments by check are not accepted.
PROOF OF TRANSACTION:
Electronic records, kept 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 or 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 damage. 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 suppliers with a tolerance of +/- 10% considered acceptable.
VALIDITY PERIOD OF OFFERS AND PRICES:
The prices displayed on the SITE are valid for the day.
DELIVERY TERMS:
Products are delivered to the address indicated by the BUYER on the order form and only to 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 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 loss of the product are possible. In such a case, the BUYER must contact the SELLER as soon as possible. We will contact the carrier to initiate an investigation. Every effort will be made, for as long as necessary, to locate the package. If necessary, the SELLER will be reimbursed by the carrier and will ship a new, identical package at their expense.
The SELLER declines all responsibility for any delays in delivery due to the carrier, particularly in the event of loss of goods, inclement weather, strikes, public holidays or holiday periods.
The delivery time for an order without incident must not exceed 30 days - (Hamon Law 2014)
- Please note, however, that for orders shipped via Colissimo Suivi, we regret to inform you that there is a 2% chance of delivery delays or product loss.
- Regarding the loss of a package, we are unfortunately not responsible for the actions of La Poste (the French postal service), and we will only be able to proceed with a new shipment after La Poste issues the official loss declaration, i.e., after 21 days.
Similarly, in the event of an unexpected postal strike, we disclaim all responsibility for delivery delays.
DELIVERY PROBLEM DUE TO THE CARRIER
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations" accompanied by the signature of the BUYER.
The BUYER must report to the carrier (or postman), by annotation on any physical or electronic document serving as a delivery slip, any sign of damage to the package (holes, crushing marks, etc.). 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 due to the new shipment.
In all cases, the BUYER must notify the SELLER as soon as possible, either by email or 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 reported as damaged during transport cannot be processed.
The BUYER must also confirm this anomaly by sending a registered letter with acknowledgment of receipt to the carrier within three (3) working days following the delivery date, stating the aforementioned claims.
The BUYER must send a copy of this letter to the SELLER, by mail or email. Without this confirmation, the SELLER will not proceed with any exchange.
RIGHT OF WITHDRAWAL
The right of withdrawal only applies to natural persons.
In accordance with articles 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 BUYER or a third party designated by them receives the order. 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 are not suitable.
In the event of a withdrawal, only the following items can be returned:
- In perfect condition
- Complete sets
- 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 withdrawal, the return costs of the item are the responsibility of the BUYER.
The return is at the risk and under the full responsibility of the BUYER, who is free to choose the shipping method for the Products and to take out insurance or not in case of loss, theft or destruction of their package. Returns of Products with unpaid postage are not accepted.
Upon receipt of the returned items, the SELLER will notify the BUYER of the receipt.
After verification of compliance, the BUYER will be informed of the possible validation of the refund. If approved, the refund will be processed within 14 days using the same payment method used for the purchase.
If the right of withdrawal is exercised, the BUYER may choose to request either a refund of the amounts paid or an exchange of the product. In the case of an exchange, the return shipping will be at the BUYER's expense.
After this deadline, any claim will be rejected.
This claim can be made to the SELLER 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 stipulated 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 sets
- 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 the responsibility of the SELLER only in the case of an order preparation error or a non-conformity. In both cases, the SELLER will send a prepaid return voucher to the BUYER after analyzing the claim.
WARRANTY AND NON-CONFORMITY OF PRODUCTS
The provisions herein cannot deprive the BUYER of the legal guarantee which obliges the professional seller to guarantee him against all consequences of hidden defects of the goods sold.
The warranty period is two years (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" (excerpt 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 installation was his responsibility under the contract or was carried out under his responsibility."
Article L. 211-7 of the Consumer Code: "Non-conformity defects that appear within twenty-four months from the delivery of the goods are 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 may rebut this presumption if it is not consistent 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 may choose between repair and replacement of the goods."
However, the seller may not proceed according to the buyer's choice if that choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. In that case, the seller is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L. 211-12 of the Consumer Code: "The action resulting from a lack of conformity is subject to a limitation period of two years from the date of delivery of the goods."
"Warranty against hidden defects" (excerpt from the Civil Code)
Article 1641 of the Civil Code: "The seller is liable for hidden defects in the goods sold which render them unfit for the purpose for which they are intended, or which so diminish their usefulness that the buyer would not have acquired them, or would have given a lower price for them, if he had known of them."
Article 1644 of the Civil Code: "In the cases of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or of keeping the thing and having a portion of the price refunded."
Article 1648 of the Civil Code - paragraph 1. "The action resulting from hidden defects must be brought by the purchaser within two years of the discovery of the defect."
FORCE MAJEURE
Neither party shall be deemed to have breached its contractual obligations to the extent that their performance is delayed, hindered or prevented by force majeure. Force majeure shall be considered to be any irresistible event or circumstance external to the parties, unforeseeable, unavoidable, independent of the parties' will, and which cannot be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other party within ten business days following 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 contract will continue to be performed.
If the force majeure event lasts longer than one month, these general terms and conditions may be terminated by the aggrieved party.
Specifically, the following are considered cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: blockage of means of transport, earthquakes, fires, storms, floods, lightning strikes, the shutdown of telecommunication networks, or difficulties specific to telecommunication networks external to the clients.
Partial non-validation:
If one or more provisions of these general terms and conditions are held to be invalid or declared as such by virtue of a law, regulation or following a final decision of a competent court, the other provisions shall remain in full force and effect.
NON-WAIVER
The fact that one party does not assert a breach by the other party of any of the obligations referred to in these general terms and conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
APPLICABLE LAW
These general terms and conditions are governed by French law (Hamon Law 2014) - This applies to both substantive and procedural rules.
In case of dispute or complaint, the BUYER will first contact the SELLER to obtain an amicable solution. If necessary, and in the absence of a mutually agreed solution, the BUYER may free of charge appeal to the mediator to whom the SELLER is affiliated.
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 Center of Conciliators of Justice (C2MC).
Mediator's contact information:
CM2C
14 Saint John Street
75017 Paris
www.cm2c.net
PROTECTION OF PERSONAL DATA
All the data you entrust to us is used to process your orders.
Pursuant to French law no. 78-17 of 6 January 1978 relating to data processing, data files and civil liberties, you have the right to rectify, consult, modify and delete the data you have provided to the SELLER. This right can also be exercised online.