Any order placed on the website www.formul.fr (hereinafter referred to as " the Site ") Is expressly accepted by the user in these General Terms and Conditions of Sale (hereinafter referred to as the " CGV ").
Item 1: Object
These Terms and Conditions govern all terms and conditions of distance selling to Internet users via the Site, products defined in section 2 of these products, distributed by the company
FORMUL
ZI LES TERRES NOIRES
85710 LA GARNACHE
Telephone: 02 51 93 36 58 (cost of a local call in metropolitan France, indicative rate from a fixed position, susceptible to be modulated according to the operators)
(hereinafter referred to as the following: Individually " The Seller ").
The "Internal" Any major person, or minor with the agreement of its legal representative, and visiting or making a purchase through the Site.
The Internaute and the Seller agree that their relations will be governed exclusively by these Terms and Conditions, which apply to the exclusion of all other conditions or contracts, including those applicable to all other sales, including points of sale.
The Seller reserves the right to adapt or modify at any time the present CGV. In case of modification, it will be applied, to each order, the CGVs in effect and online at the day of the order.
Article 2: Products
The " Products "
Products offered on the Site are described and presented with the greatest possible accuracy.
The Seller may, however, in particular because of its suppliers, be required to propose to the Internaute Products of Composition slightly different from that described on the Site, but in any case of quality equal to or greater than the Product ordered.
Article 3: Availability of Products
The offers of the Products are offered subject to their availability.
The Seller will make its best efforts to update its inventory and, in the event of unavailability of a Product, to remove it from the Site. When a size of a Product is not available, the check box in the Factsheet may not be selected.
The Seller reserves in any case the right to remove, at any time, any Product of the Site and/or to replace or adapt or modify any content or information relating to the Product on the Site.
Article 4: Order
The Internaute makes purchases on the Site for personal use, and undertakes not to resell the Products or use them for other purposes in particular for commercial purposes.
For each Product, a form is available on the Site (hereinafter " Product Sheet "). This Product Sheet contains, in particular, the characteristics of the Product selected including the sizes, colors, the availability of the Product, their composition and their price (unit price TTC, total discount if the Product is affected by a commercial offer, and if applicable the total price TTC after delivery).
After consulting the Product Data Sheet and from it, if the Internaute wishes to order the Product, it must select by simple click, the quantity desired, the size and the size of the product. Optionally the colors/patterns and then validate its choices by clicking the button " Add to my cart " (or equivalent).
Products are then displayed in the shopping cart. The Internaute will have the opportunity to reaccess their characteristics from the basket by clicking on the Products (redirection to the Product Files of the Products previously selected), allowing the Internaute to check the specificities of each of the selected Products (size, color, quantity, composition), their price (TTC unit price, total discount if the product is affected by a commercial offer, total price TTC), by clicking on the corresponding button.
4.1. From the start of the order process and at any time before Finalization, the Site allows the Internaute to:
-view and modify the details of its order in its basket containing the main features of the Products ordered;
-view the modes and conditions/restrictions of delivery;
-view the payment terms accepted by the Seller.
In addition, the Internaute must check the box regarding the acceptance of the CGVs. In the absence of acceptance, the Internaute may not order a Product on the Site.
4.2. When the Internaute validates its basket by clicking on the corresponding button, it finalizes the order of the Products in the basket and acknowledges that the placing of the order requires its payment before finally validating its order.
The Internaute must then identify itself, either by indicating its user name and its password, or, if it has not created an account Previously by clicking " Create your space " Or equivalent to create an account (as defined in Article 5 of these CGV).
4.3. The Internaute may re-check the summary of its order, as well as its delivery method, delivery time and method of payment.
The Internaute will automatically receive an initial email confirming the receipt and details of its order, followed by a second email containing the invoice of the order (hereinafter referred to as "the"). Order confirmation "), it being understood, however, that the sending of these e-mails does not guarantee the availability of the Product in accordance with the provisions of Article 3 above.
The Order Confirmation will constitute the contract of sale between the Internaute and the Seller, and the amount of the invoice will be debited when the product or products are sent.
In the event of unavailability of the Product, the Seller will notify the Internaute by email within 1 (one) working day (Monday to Friday) from the date of receipt of the invoice. Order confirmation.
The Seller reserves the right to refuse or cancel a Order in exceptional circumstances and in particular but not exhaustively under conditions which legitimately imply that the order has been made for professional and non-personal needs, where the information communicated is inaccurate or incomplete, in the event of non-compliance with these general conditions of sale by the Internaute, etc.
Article 5: Creation of a personal account
On the first order, the Internaute must complete a The form, including the following: Civility, last name, first name, complete address (s) of delivery and billing, e-mail and telephone number as well as a personal password.
The order can be registered on the Site only if the Internaute has filled out all the required fields of the registration form marked with an asterisk (*) which it certifies.
The Seller cannot be held responsible for the difficulties caused by the inaccuracy of the information provided by the Internaute
The identification of the vessel by the simultaneous provision of the address E-mail and password, this one expressly allows the Seller to have on his hard drive a file that says " Cookie " In order to facilitate its identification for the purposes of processing orders and to receive anonymous information on the research activities of the Internaute on the Site. The retention period of this information shall not exceed 3 (three) years.
The Internaute shall retain the possibility of refusing cookies on the Site without limiting the Internaute to the placing of its order.
This data shall be processed in accordance with Article 16 ". Informatics and freedoms " Present CGV.
The Internet user will be able to find this information in the " My Account " Or equivalent to the Site. In this section, you can also get information about tracking your order.
Article 6: Price
The price to be paid by the Internaute for the Product is that communicated on the Website at the time of the validation of the order by the Internaute and communicated as part of the Order Confirmation.
The price of the Products is expressed in euros any tax included (TTC), including the value added tax at the legal rate in force, and does not include the delivery/transport charges which are invoiced in addition under the conditions specified in Article 9.1 below.
Article 7: Terms of Payment
The Internaute is entitled to pay by credit card according to the information provided on the Website.
For all payment by credit card, the Internet user must indicate his card number, the date of validity and the last three digits on the back of the card. At the time of entry, the Site is in encrypted mode and all the information conveyed is encoded. None of this data is clear on the Internet.
To ensure payment security, the Site uses a secure payment service. This service includes the SSL security standard. When the order is committed, the payment request is routed in real time on the secure payment manager. This one sends a request for authorisation to the credit card network. The payment manager issues an electronic certificate.
The occurrence of an unpaid payment on the basis of fraudulent use of a credit card will result in the registration of the purchase order details associated with that payment in a payment incident file. An irregular declaration or an anomaly may also be subject to specific processing.
The Seller will not deliver the order if the payment is not effective. The Seller may also suspend delivery or cancel the order, in case of difficulties in the payment process (anomaly in payment), in the event of non-compliance with the above mentioned payment terms, in case of non-payment, total or partial, of a previous or current order.
For a payment in store, cheques are not accepted.
Article 8: Delivery
8.1. Place of Delivery
The Products offered for sale on the Site are only available for delivery in Metropolitan France.
Mode of Delivery Delivery Costs to the Office of the Internaute
Delivery to an address of its choice in metropolitan France by Colissimo: 5€ TTC for a total order amount less than 69 € TTC
Free for a total amount of order greater than or equal to 69 € TTC
Delivery in one of the sales outlets of the Seller, appearing on the list available on the free site
L' Internaute has the choice between different delivery modes:
In the event of the absence of the Internaute at the address indicated, a notice of passage will be left in the mailbox at the said address.
If the Product is returned to the Seller on the ground " Does not live at the indicated address ", the Seller will inform the Internaute by e-mail. This e-mail will indicate the procedure to be followed and, if applicable, the forwarding costs to be borne by the Internaute. In case of refusal of the Internaute for the re-shipment of the Product or in the absence of a reply from its part within the time limit of 7 (seven) days from the e-mail of the Seller referred to above, the latter shall reimburse the Internaute for the sole amount of the Product ordered, excluding the initial delivery costs.
8.2. Delays and delivery methods
The Seller undertakes to deliver at home or in a relay point the Products ordered by the Internaute within a maximum period of 4 working days from the order confirmation, depending on the mode of delivery chosen by the Internaute.
The Seller also agrees to deliver in the shops of its network the Products ordered by the Internaute in a Maximum period of 3 working days from the order confirmation
The date of delivery shall be considered as the date of receipt by the Internaute, or a third party designated by it other than the carrier, of the product (s), or, in the event of absence of the Internaute, of the above-mentioned notice of passage, or, in the event of return of the Product on the ground " If
delay is likely to occur in the delivery, the Seller undertakes to notify the Internaute as soon as possible.
In the event of a prolonged delay in delivery, the Internaute is invited to report it as soon as possible to the customer service of the Seller thanks to the telephone number indicated on the order confirmation.
8.3. Delivery Good/Receipt of Products
The Products delivered will be accompanied by a delivery voucher containing the characteristics of the order, the present CGV as well as a withdrawal form.
Upon receipt of the Products, the Internaute is required to check the status of the Products delivered. It shall have a period of 3 (three) working days from delivery to make all reservations to the carrier and to the Seller with all the relevant supporting documents, by registered letter with acknowledgement of receipt, without prejudice to the application of the legal guarantee of conformity of the Products and of the legal guarantee of latent defects, which could be applied outside any defect resulting from the conditions of carriage.
Article 9: The property reservation clause
The Products remain the property of the Seller until the full payment of the order price. However, the risks of the goods delivered are transferred to the Internaute from the physical possession of the Product by itself or by a third party other than the carrier mandated by the Seller.
Article 9: Retractation and return of the Product
The Internaute shall have 14 days from the receipt of the order as defined in Article 9.2 above, to exercise its right of withdrawal and return to the Seller the Product (s) concerned.
To implement its right of withdrawal, the Internaute shall return to the Seller the Product concerned, accompanied by the withdrawal form [click here] (on the Site via the link), duly completed, Under the following conditions:
-By mail to the following address (return charges are at the expense of the Internaute):
FORMUL
ZI LES LANDS NOIRES
85710 LA GARNACHE
-either by returning his package accompanied by his withdrawal form duly completed in the Boutique of his choice.
The costs of return of the Products are and will remain at the exclusive charge of the Internaute.
In the event of the exercise of his right of withdrawal by the Internaute, the Seller will refund directly to the bank account of the Internaute used for the payment of the order, the amount of the sums paid in the title Of the order within 14 (14) days from the date on which the Seller will have received the Product returned by the Internaute. In the event that the withdrawal does not cover all the Products of the Order, the Seller undertakes to reimburse within the said period of 14 (14) days the amount of the sums paid, excluding delivery costs paid.
The Seller reserves the right to refuse any Returned Product which would be impaired by reason of manipulation by the Internaute other than those necessary to establish the nature and characteristics of the Product (s) concerned by the return. This will be so if the Product is damaged, sali, incomplete or would have been worn. On the other hand, the Seller is not obliged to accept returns of Products and to refund the Products, in the event that the Internaute does not comply with the provisions of this article relating to the conditions of exercise of the right of withdrawal.
Article 10: Warranties
Products supplied by the Seller benefit from the following guarantees:
10.1. Guarantees
The legal guarantee of conformity may be activated by the Internaute in the event that the Product does not correspond to the characteristics specified in the Internaute order. The warranty relating to the defects of the sold thing can be implemented in the case where the Product is damaged or affected by a defect in material, design or manufacture making the Product unsuitable for use. Finally, the Internaute benefits from the legal guarantee against hidden defects arising from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use (Article 1641 and following of the Civil Code).
10.2. Return procedure
In the event that the Internaute wishes to implement one of these guarantees, it will first have to inform the Seller by sending an e-mail to the address via the contact form available on the Site.
After informing the Seller, the Internaute will have to return the Product with the corresponding credentials to the following address:
FORMUL
ZI LES LANDS NOIRES
85710 LA GARNACHE
The Seller will replace or refund, as soon as possible and at its own expense, the Delivered Products whose defects or defects of conformity have been duly proven by the Internaute.
A failure to comply with the conditions for the implementation of the above warranties, the Products shall be deemed to be in conformity and free from any defect and no claim may be validly accepted by the Seller.
Any guarantee Is excluded in the event of misuse, neglect or failure to maintain The part of the vessel, as in the case of normal wear, accident or force of force.
Article 11: Liability
The Seller shall not be considered responsible or defaulting for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by the case law of France.
In the same way, the responsibility of the Seller shall not be incurred for any inconvenience or damage inherent in the use of the Internet and totally outside the due diligence and precautions taken by the Seller.
In particular, any disturbance In the supply of the service or any external intrusion or presence of In
event of a breach by the Internaute to the present CGV, the Seller will send to the Internaute at its billing address, a notice to rectify it. If this notice remains without effect after a period of 8 (8) days, the Seller will be entitled to full right, delete his personal account and/or refuse his future orders. In the event of a serious breach by the Internaute to the CGV, in particular in the case of fraud, the Seller will be entitled to full right, delete his personal account and/or refuse his future orders.
Article 12: Informatics and Libertés
Personal data at the Internaute will be collected during the creation of his personal account, as well as during the visit of the Site in the context of the use of cookies and geo location.
Collection of this data pursues the purposes The following:
-as part of the creation of the personal account, the data are used for the processing of the Internaute order and the preparation of invoices;
-in the context of the setting up of cookies, the data facilitate, after the agreement of the Internaute, its identification for the purposes of the processing of orders and the collection of anonymous information on the research activities of the Internaute;
-as part of the marketing and animation operations of the file Clients, and after agreement with the Internaute: Conduct of loyalty, prospecting, survey, product testing and promotion activities as well as the sending of newsletters; the development of commercial statistics; the organisation of contest games, lotteries or any promotional activities (excluding gambling and online gambling subject to the approval of the Games Regulation Authority)
In accordance with the Data Protection Act of 6 January 1978, as amended, the Internaute has, at all Right of access, rectification, and opposition to all of its Personal data. It can do so:
-by writing to
FORMUL ZI LES TERRES NOIRES 85710 LA GARNACHE
-or by sending its request through the link present at the end of the email newsletter.
Article 13: Intellectual Property
The Seller owns all the elements making up the Site and, in particular, rights to texts, general architecture, animated or non-animated images, graphics and sounds.
In accordance with the Code of Intellectual Property, any representation or full or partial reproduction made without the consent of the Seller is unlawful. The same applies to translation, adaptation or conversion, arrangement or reproduction by any art or process.
Infringement of this clause constitutes an infringement within the meaning of the Intellectual Property Code, which constitutes an offence punishable by 3 years' imprisonment and a fine of 300,000 euros.
The marks distributed by the Seller are registered trademarks. The reproduction, imitation, use, position, deletion or modification of a registered trademark constitutes an infringement punishable by 3 years' imprisonment and a fine of 300,000 euros.
The use of the Site by the Internaute does not confer any intellectual property rights on the Site and its contents.
Nothing in these Terms and Conditions shall be construed as granting the Internaute any right of any kind on the elements protected by Intellectual property, of which the Seller may have ownership Or the exclusive right of exploitation.
The Internaute who has a personal website and who wishes to place, for personal use, on his site a link directly to the Site, must necessarily seek the written authorization of the Seller.
In any event, any link, not expressly authorized, will have to be removed on request of the Seller.
Article 14: Completeness of the Contract
These Terms and Conditions between the Seller and the Shipwreck express the full rights and obligations of the Parties.
If a particular provision of these GCs is held to be invalid or declared as such by a decision having the authority of the res judiced of a competent jurisdiction, or if any of the provisions of these Terms and Conditions were deemed to be null and void by a change in legislation, regulations, other provisions Keep all their strength and reach. This shall in no way affect the validity and observance of the other provisions of these GVCs.
Article 15: Applicable Law
These GCs are subject to French law.
Article 16: Litigation
In the event of a dispute concerning the conclusion, execution or termination of an order, the Internaute and the Seller shall endeavour to settle their dispute amicably. In the absence of such an amicable agreement, the Seller or the Internaute will be able to initiate, at their choice, a conventional mediation procedure, or to refer to the competent courts.
Article 17: The Loyalty Card
17.1 Conditions for obtaining the Loyalty Card FORMUL. :
The FORMUL Fidelity card distributed in stores in metropolitan France is valid in all FORMUL stores, but is not available on the online sales site www.formul.fr.
17.2 Conditions for using the FORMUL loyalty program. :
The Loyalty Card is nominative, personal and reserved for individuals for their own use. It cannot be sold or sold and is in no way a payment card. When buying, it is not possible to present multiple Fidelity Cards.
This Loyalty Card cannot be used on promotions products or during SOLDES.
17.3 Loyalty Points Get loyalty points:
The Loyalty Loyalty Card allows you to accumulate loyalty points at each purchase, in the FORMUL stores. The system used is a buffering system, a stamp is allocated for 10 € of purchases. Once the Loyalty Card is complete, the customer receives a discount of 15 € on her next purchase in the FORMUL stores.