Refund policy of the website https://www.foils-shop.com/
applicable from 09/04/2021
ARTICLE 1. PARTIES
This refund policy is applicable between CMC2 , SAS, share capital : 1000 €, registered at the RCS of Saintes in France on 07/09/2018, under the number 878524958, registered office : Terre Plein de Foncillon, France, phone : +33644286277, email : firstname.lastname@example.org, VAT number : FR04842172298, hereinafter " the Publisher " and any person, natural or legal, private or public law, registered on the Website to buy a Product, hereinafter " the Customer ".
ARTICLE 2. DEFINITIONS
"Customer": any individual or legal entity, under private or public law, registered on the Site.
"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
The "Publisher": CMC2 , SAS in its capacity as publisher of the Website.
"Internet User": any person, natural or legal, private or public, connecting to the Website.
"Product": goods of any kind sold on the Site by the Publisher to Customers.
"Site" : website accessible at the URL https://www.foils-shop.com/, as well as sub-sites, mirror sites, portals and variations of URLs related to it.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular through a robot or a browser, will entail full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having fully understood and accepted them without restriction.
Checking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet User. The Internet user recognizes the value of proof of the automatic recording systems of the Publisher and, unless he/she can prove otherwise, he/she renounces to contest them in case of litigation.
The present general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these terms and conditions assumes that Internet users have the legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDERING PROCESS
In order to place an order, Internet users can select one or more Products and add them to their shopping cart. The availability of Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price as well as their total price. They will be able to remove one or more Products from their basket.
If they are satisfied with their order, they can validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Customer
Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface with the mention "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means, within a maximum of 24 hours. Within the same period of time, the Publisher undertakes to send the Customer a summary e-mail of the order and confirming its processing, including all related information.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices can be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and are not effective for the future.
The prices indicated on the Site are in euros, all taxes included, excluding delivery charges.
6.2. Method of payment
The Customer may pay by Stripe. Payments by credit card are made through secure transactions provided by A renseigner [bankGateways].
For credit card payments, the Publisher has no access to the Customer's payment data. The payment is made directly to the bank.
In the case of payment by money order, check or bank transfer, the delivery time will only start to run from the date of the collection of the payment by the Publisher.
The Publisher will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive electronic invoices.
6.4. Default of payment
Agreed payment dates may not be delayed under any pretext whatsoever, including in case of dispute.
Any sum not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the sums due in principal.
In addition, any delay in payment will result in the invoicing to the defaulting Customer of collection fees in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the detriment of the Customer. This clause is in line with the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.
6.5. Reservation of ownership
The Products sold remain the property of the Publisher until full payment of their price, in accordance with the present retention of title clause.
ARTICLE 7. CLAIM - RETRACTION - GUARANTEE
7.1. Customer service
The customer service of the Site is accessible from Monday to Sunday from 08:00 to 19:00 at the following phone number : 33644286277, by e-mail at : email@example.com or by mail at the address indicated in article 1 of the present general conditions. In the latter two cases, the Publisher undertakes to provide a response within 72 working days.
7.2. Right of withdrawal - Distance selling
The present article 7.2 is applicable to the Customer who is a consumer as defined in the first article of the French Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force concerning distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return.
The period mentioned in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for multiple goods delivered separately or in the case of an order for a good composed of multiple lots or parts, the delivery of which is staggered over a defined period of time, the time period shall run from receipt of the last good or lot or part. For contracts providing for regular delivery of goods over a defined period of time, the period shall run from receipt of the first good.
If the fourteen-day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The decision to withdraw from the contract must be notified to the Publisher at the address indicated in article 1 of these general conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these terms and conditions. In any case, the Publisher will send to the Customer as soon as possible an acknowledgement of receipt of the said withdrawal by e-mail.
7.2.2. Effects of the right of withdrawal
The Customer shall return or restitute the products to the Professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and no later than fourteen days after the date on which this right was exercised. Where applicable, the Professional may defer the refund until the Products are recovered or until the Customer has provided proof of shipment of the Products, whichever is sooner. Beyond that time, the sum due shall automatically bear interest at the legal rate in force, as specified in Article L. 242-4 of the French Consumer Code.
Where applicable, the Professional shall make the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur any costs for the Customer. However, the Professional is not obliged to reimburse additional costs if the Customer has expressly chosen a delivery method that is more expensive than the standard delivery method offered.
The direct costs of returning the Product shall be borne by the Customer. These costs are estimated at a maximum of 1 euro if, due to its nature, the Product cannot normally be returned by post.
The Customer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts :
supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the Customer and express waiver of his right of withdrawal;
supply of goods made to the Customer's specifications or clearly personalized;
the supply of goods that are likely to deteriorate or expire rapidly;
supply of goods that have been unsealed by the Customer after delivery and that cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
concluded during a public auction;
the provision of accommodation services, other than residential accommodation, transportation services, car rentals, catering or leisure activities that are to be provided on a specific date or at a specific time;
the supply of digital content not provided on a physical medium, the execution of which has begun after the Customer's prior express agreement and express waiver of his right of withdrawal.
Similarly, the right of withdrawal is not applicable to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
When validating the order for a service, the Customer's waiver of the right of withdrawal will be manifested by checking the box corresponding to the following sentence: "I expressly waive my right of withdrawal of 14 days for the services I would benefit from before the expiry of this period". The Customer will then receive a confirmation by email of his waiver of the right of withdrawal.
The Customer who has exercised his right of withdrawal from a contract for the provision of services whose performance has begun, at his express request, before the end of the withdrawal period shall pay the Professional an amount corresponding to the service provided until the communication of his decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.
7.3. Cancellation of the contract on the Customer's initiative
The Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums incurred by him at the time of the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer agrees not to take any legal action against the Publisher and waives the right to terminate the sale as provided for in this article.
7.4.1. Warranty for defects and apparent faults
It is the Customer's responsibility to verify the good condition of the Products at the time of delivery. This verification must include the quality, quantities and references of the Products as well as their conformity to the order. No claim will be taken into account after a period of three days from the delivery. In any case, any complaint concerning the delivered packages will only be taken into account if the Customer, being a trader, has made reservations with the carrier in accordance with articles L. 133-3 and following of the Commercial Code.
7.4.2. Warranty of defects and hidden defects
126.96.36.199. LEGAL GUARANTEES
Customers have a legal guarantee of delivery in conformity (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code) and a safety guarantee (Articles 1245 et seq. of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code).
188.8.131.52. CONVENTIONAL WARRANTY
In addition to the legal warranty, the Products benefit from a conventional warranty of conformity on French territory, for a period of 1 year from the delivery of the Product.
In order to implement the warranty, the Customer must return the Product to the address of the Publisher's head office, accompanied by an explanatory letter requesting either repair, exchange or refund.
In any case, the Customer is requested to follow precisely the instructions of the Publisher concerning the return of the Products.
The cost of returning the Product remains at the expense of the Customer, except for the consumer Customers implementing the guarantee of conformity of the articles L. 217-4 and s. of the Code of the consumption.
The consumer Customer has a period of 2 years from the delivery of the goods to act with the seller. In this respect, he may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempted from proving the existence of the Product's lack of conformity during the 24 months following the delivery of the said Product, except for second-hand goods.
Where applicable, the legal warranty of conformity applies independently of the commercial warranty.
When the consumer Customer decides to implement the guarantee of hidden defects, he can choose between the resolution of the sale or a reduction of the sale price.
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable law
The present general conditions are subject to the application of the French law.
8.2. Modifications of the present general conditions
The present general conditions can be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of his order or his connection to the present Site, any new connection to the personal space implying acceptance of the new general terms and conditions.
Pursuant to the order n°2015-1033 of August 20, 2015, all disputes with a consumer Customer that could arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicably between the parties shall be submitted to Medicys: www.medicys.fr.
In addition, the consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Any dispute arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the rules of the Digital Arbitration and Mediation Institute: www.fast-arbitre.com.
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of this Agreement.
The Publisher's failure to exercise its rights hereunder shall not be construed as a waiver of such rights.
8.6. Telephone solicitation
The Customer is informed that he has the possibility of registering on the opposition list to telephone canvassing at the address http://www.bloctel.gouv.fr/.
8.7. Languages of the present general conditions
The present general conditions are proposed in French.
8.8. Abusive clauses
The stipulations of the present general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.