GENERAL TERMS OF SALE :
TERMS AND CONDITIONS
SECTION 1 – PURPOSE -
The following terms and conditions of sales set out the rights and obligations of FYIP and of the customer, concerning all the products shown on FYIP website (hereafter « the website »). These terms and conditions apply exclusively between the FYIP Company (La châtaigneraie, 56270 PLOEMEUR - Siret n°513904573 (hereafter « FYIP » and all individual consumer visiting the website or buying through it (hereafter « the customer »).
On the website, FYIP gives the opportunity to the customer to order through it, all the FYIP products (hereafter « the products » following the terms and conditions stated herewith.
Any order made at FYIP, results in the full customer acceptance of the terms and conditions of sales. These terms and conditions may be changed by FYIP at any time and without notice, the conditions are those in effect at the date of the order made by the cutomer.
The terms and conditions of sales stated herewith are permanently available at the following address : http://www.fyip.fr/#!general-terms-of-sale/c1jdc
under a computer format allowing to print and/or download, in such a way that the customer can have a copy or a safeguard.
SECTION 2 - PRODUCTS AND CONFORMITY -
2.1 The products for sale are shown and described on the FYIP website. 2.2 The products presented by FYIP are compliant with the standards applicable in France.
The elements so as photographs, texts, graphics as well as the informations and specifications depicting and/or accompanying the products are not binding, to what the customer acknowledges.
Thus, no liability can be attributed to FYIP, in case of errors and failure about any of this element or in case of some modifications made on them by the suppliers and/or publishers.
SECTION 3 – RESPONSABILITY OF THE CUSTOMER
3.1 The customer must be over 18 years old, or to have the legal capacity in having a parent's autorisation, giving him the right to order on our website.
The customer undertakes to inform to FYIP to accept the conditions of sale as it is stated on the website and to give all the informations about his situation, especially his name, surname, address, phone number and a valid e.mail address.
The customer is liable of the consequences of the informations given to FYIP (if false or not real), which if taken into account would be illegal.
When the order is officially accepted, FYIP will send an e.mail to the customer confirming it. Stating the sending of the products.
The customer may modify his data in the « my account » section.
SECTION 4 – THE ORDER
4 .1 Any order will be officially validated only after acceptation of the payment.
FYIP has the right to cancel it or to refuse it in case of litigation with the customer happened at the time of a previous order.
In any case FYIP has the right to cancel any delivery when the full or partial payment didn't occur when a previous order was not made according to terms (refusal of payment by the bank using a credit card). The responsability of FYIP will there not be engaged.
FYIP can accept orders in the limits of its available stocks. It that case the supplier will inform the customer of the products of being out of stock at the time of the order.
If despite FYIP vigilance, some products are unavailable at the time of the order it will inform the customer by email in the shortest delay at the time of the order.
The full or partial unavailability will not engage the responsibility of FYIP or entitled the customer to ask for reimbursement of the payment already made.
The full or partial unavailability will not implicate FYIP responsibility to damages in favour of the customer.
SECTION 5 – PRICES
Prices stated on the website are indicated in Euros (French VAT), without freight costs, preparation of order and packaging charges.
Freight costs will be stated in the customer « basket », before the final validation of the order.
All the orders done on the website and to be delivered outside France may have taxes or customs rights charged on them; these customs rights and the eventual taxes written on the order will be supported by the customer. FYIP has not to inform the customer of these eventual charges.
The prices may be modified at anytime, without previous statement from FYIP and notably, in the case of economical or legal rights changes. The FYIP products will be invoiced on the tarificaton at the time of the order.
SECTION 6 – DELIVERY
FYIP will have the capacity of delivering its products in the European Union, and (on demand) all over the world.
FYIP products awill be sent with the purchase order to the address stated on it. The delivery can not be done in an hotel. The delivery delays stated on FYIP website are just average delays.In order to have an optimal time of delivery; the customer must have given the proper details of his address. In case of ldelivery in late of more than 7 days, if the products have been already sent of course, if the customer wish to terminate the contract he will have to send an advise of receipt letter and ask for reimbursement.
If the products have been sent before FYIP received the cancellation, and in case of a delivery delay of over 7 days, FYIP will undertake to repay the customer of all the costs (if the product has been returned back to FYIP in its original good shape (for example :with all its labels).
FYIP is committed to keep the customers informed of the order's follow-up; In case of damages to the product (already opened, missing products etc..) the customer is committed to notify to the carrier and to FYIP, by any means, in the 3 days following the receipt of the products.
SECTION 7 – PAYMENT
The payments are done by secure payment via the PayPal website.
The Pay Pal website accepts payments : by Credit card, Visa Card, Euro card, Mastercard, Discover, American express card, Aurore card Cofinoga card, 4 stars card, or by PayPal account (if the customer has one). The PayPal device ensure that the Credit card details will not be used outside the secured environment of PayPal, and that they will never know by The FYIP company.
Any shipment « against refunding » will be accepted, no matter the reason.
FYIP keeps the ownership of the product until the full payment by the customer.
The customer will receive a confirmation of the transaction from PayPal website, as well as an order confirmation from FYIP.
Invoicing: A purchase order will be attached to the customer code and the latter will receive by email a printable detailed invoice.
SECTION 8 - RIGHT OF WITHDRAWAL
If your idea has changed in between, or if you wish to change the size, all the products are exchangeable or refundable within 14 days.
In order to facilitate the process of returning back your order, we advise you to take contact with the customer support. All sending back of products must be reported prior to it preferably by addressing an email to: , precising your order number or by phone: (+33) 7 82 26 14 56 from monday to 10 am to 6 pm. The products will have to be sent back by « Colissimo » or « Follow-up letter or « Max » letter.
Sales conditions to be respected:
Its compulsary to attach a copy of the FYIP invoice (received by mail on the customer email address during the freight forwarding, downloadable in your space « My account »).
The products must be new, unused and in its original packaging.
The package must be intact (not taped and unlabeled).
Use the original package.
We advise you to insure the sending in order to be refunded in case of loss or deterioration.
The customer has the choice between requesting the refund of the amount already paid, or the exchange of the product. In the case of an
exchange, the freight forwarding will be charge to the customer. In case of the use of the right of withdrawal, FYIP company will do
everything possible to refund the customer within 30 days. The refund will be done by Credit card retrocession, PayPal or in some cases by
SECTION 9 – GUARANTEES AND RESPONSABILITY
FYIP has only an obligation of means from the order processing to the delivery of the package (or subsequent services). The responsability of FYIP wil nt be committed for all the inconveniences or damages incued while using the network, notably a possible failure of the online servcice, or some existing IT Viruses or of facts qualified of major intrusion in accordane to the law and caselaw
SECTION 10 – INTELLECTUAL PROPERTY
In any case, the customer is allowed to download or to modify all or part of the website and notably its containt (listed products, descriptions, image, videos...)
This website or part of it can not be reproduced under any circumstances, be copied, sold or exploited for commercial reasons without the specific or written permission by FYIP.
In general, all the copyrights brands and other distinctives signs and property rights or if intellectual rights stated on the website, will remain the full and complete property of FYIP.
The customer is required to have respect for the intellectual property rights and will not be allowed to use the brands appearing on the web site and on the products, if appropriate; to trademark that would prejudice the holder of trademark rights
SECTION 11 – MAJOR EVENT
In case of a major event, the concerned part will have to inform the other within 15 days starting from this event, by advise of receipt letter.
In general, are considered as case of major event or fortuitous event, unless those retained usually by the juriprudence of French courts, full or partial strikes, lock out, riots, boycots or other actions (of industrial or commercial character), civil trouble, insurrection, war, weather conditions, epidemic, unavailable transports, or any problem of supplying for any reasons, earthquake, fires, storm, water damages, government or legal restrictions, or change of legal or rules of commercial ways, IT incident, no telecommunications, as well as wired or wireless telecommunication networks and any other cases independent of the will of the parties preventing the normal execution of the contractual relation.
The overall obligations of both parties will be ending during all of the eventual event, without any compensations.
If the major event is happening for more than (3) months, the concerned contract will be automatically terminated for everyone without any compensations.
ARTICLE 12 – GENERAL REQUIREMENTS
PARTIAL NO VALIDITY OF A CLAUSE
If one of these above stated stipulations are declared invalid or unenforceable by a competent legal court jurisdiction, it will be declared not written and will not implicate a cancellation of the other stipulations.
http://www.fyip.fr/#!general-terms-of-sale/c1jdc under a web format, so as to be able to print and/or download them, in order that the customer be able to have them printed or saved.
APPLICABLE LAW – COMPETENT COURT OF JURISDICTION
REPRODUCING OF APPLICABLE TEXTS (Lawful order 2005-136 of 17th February 2005, sales rules, civil rules)
Art. L 211-4 of the sales rules
The vendor has to deliver a product corresponding to the contract and will be responsible for any eventual defects during delivery. He will also be responsible of the conformity defects resulting from the packaging, of product assembly instructions, or of the installation, when this one has been stated in the contract or has been done under his responsibility.
Art. L 211-5 of the sales rules
- To be in conformity with the contract, the product must be :
1- Corresponding to the use expected from a similar product, and if appropriate :
also corresponding to the description made by the vendor and having the qualities as schown beforehand to the customer by a sample, or the product description ;
- having the qualities expected by the customer in adequacy with the presentation of the article's caracteristics descriptions made by the vendor, by the supplier or by its representative : advertiser or the labeling.
2- In conformity with the caracteristics described under a commun agreement by the parties or being able to correspond to all special use wished by the customer, known by the vendor and that this latter agrieed with.
Art. L 11-12 of the sales rules
The action resulting of a conformity defect is prescribed after two years starting from the date of delivery of the product.
Art 1641 of civil rules
The vendor has to guaranty that in case of an existing hidden defect in the product,
who make its proper usage impossible or if it partially limits its usage, and that would have made the customer not bying it,or would have made him pay a lower than its indicated price, if he would have known that these defects were existing.
Art. 1648 paragraph 1 of the civil rules
The action resulting of unacceptable defects must be undertaken by the customer in a delay of two years starting from the point of discovering them.
If you need any further information please contact FYIP at the following number: (+33) 7 82 26 14 56