General Terms and Conditions
Between the Sole Proprietorship Fernastic,
35520 Melesse
registered in the Register of Trades and Crafts of Rennes,
under SIRET number 90135097500024,
represented by Ms. Léa Lerouvillois EI
as manager,
duly authorized for the purposes hereof.
The company can be reached by e-mail by clicking on the contact form available on the website.
Hereinafter referred to as the "Seller" or the "Company."
On the one hand,
And the natural or legal person purchasing products or services from the company,
Hereinafter, "the Buyer" or "the Customer"
On the other hand,
It has been stated and agreed as follows:
PREAMBLE
The Seller publishes products for consumers, marketed through its website (https://fernastic.com). The list and description of the goods offered by the company can be consulted on the aforementioned website.
Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2: General Provisions
These General Terms and Conditions of Sale (GTC) govern the sales of Products made through the Company's website and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on its website. The GTC applicable are those in force on the date of payment (or first payment in case of multiple payments) of the order. These GTC can be consulted on the company's website at the following address: http://fernastic.com/CGV.
The company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and if applicable the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.
The Customer acknowledges that they have received the necessary advice and information to ensure the suitability of the offer to their needs.
The Customer declares to be legally capable of contracting under French law or to validly represent the natural or legal person for whom they are committing.
Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.
Article 3: Price
The prices of products sold through the website are indicated in Euros excluding taxes and are precisely determined on the Product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes), on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or overseas departments and territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not within the Seller's responsibility. They will be the responsibility of the buyer and are their responsibility (declarations, payment to competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The company reserves the right to modify its prices at any time for the future. Telecommunication costs necessary to access the company's websites are the responsibility of the Customer. If applicable, delivery costs are also the responsibility of the Customer.
Article 4: Online contract conclusion
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place their order: – Information on the essential characteristics of the Product; – Choice of Product, if applicable, its options – Indication of the Customer's essential contact details (identification, e-mail, address, etc.); – Acceptance of these General Terms and Conditions of Sale – Verification of the order elements and, if applicable, correction of errors. Before confirming, the Buyer has the opportunity to check the details of their order, its price, and to correct any errors, or cancel their order. Confirmation of the order will constitute the formation of this contract. – Then, follow the instructions for payment, payment for the products, then delivery of the order. The Customer will receive confirmation by e-mail of the order payment, as well as an acknowledgment of receipt of the order confirming it.
During the ordering process, the customer will have the opportunity to identify any errors made in data entry and correct them. The language offered for the conclusion of the contract is French.
The terms of the offer and the general terms and conditions of sale are archived on the Seller's website.
The archiving of communications, the order, order details, and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the Civil Code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the proper execution of the order, the Customer undertakes to provide truthful identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products
Each creation is unique and is handcrafted or modified.
The essential characteristics of the goods and their respective prices are made available to the buyer on the company's website, as well as, if applicable, the product's operating instructions. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and specific conditions of sale and execution of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force on the day of the order, this does not include shipping costs charged additionally. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products are not executed immediately, clear information is provided on the product presentation page regarding the delivery dates of the products or services. The customer certifies having received details of delivery costs as well as payment, delivery and contract execution terms, as well as detailed information relating to the seller's identity, postal, telephone and electronic contact details, and their activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of an agreement with the Customer on a new delivery date, the Seller refunds the customer.
Contractual information is presented in detail and in French. The parties agree that illustrations or photos of products offered for sale have no contractual value. The validity period of the Product offer and their prices is specified on the Company's website, as well as the minimum duration of the proposed contracts when these involve a continuous or periodic supply of products. Unless otherwise specified, the rights granted hereunder are solely to the natural person signing the order (or the person holding the e-mail address provided).
Article 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products offered for sale through these GTC comply with the regulations in force relating to the safety and health of persons, fair trading practices and consumer protection. Independently of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects of the product.
In accordance with Article L.217-4, the Seller delivers goods that conform to the contract and is liable for any conformity defects existing at the time of delivery. The Seller is also liable for conformity defects resulting from packaging, assembly instructions, or installation when the latter was carried out by the Seller or under its responsibility.
Breakage of the Product by your own act is not considered a hidden defect.
In accordance with legal provisions regarding conformity and hidden defects (Art. 1641 c. civ.), the Seller will refund or exchange defective products or products that do not match the order. Refunds can be requested as follows:
Contact the Seller at the e-mail address fernasticcreations@gmail.com, then, after acceptance, return the unused or damaged Product by post in its original packaging to the postal address communicated by the Seller.
Article 7: Retention of title clause
The products remain the property of the company until full payment of the price.
Article 8: Delivery terms
Products are delivered within 3 to 10 working days after the order. When the store is temporarily closed, the delay is communicated on the homepage https://fernastic.com. These deadlines do not include the order preparation time. In the event of a delivery delay, the Customer has the option to terminate the contract under the conditions and terms defined in Article L 216-2 of the Consumer Code. The Seller will then refund the product and the "outbound" shipping costs under the provisions of Articles L216-3 and L241-4 of the Consumer Code. The Seller reminds that at the moment the Customer physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Article 9: Payment
Payment is due immediately upon order, including for pre-ordered products. The Customer can pay by credit card or via Paypal. Cards issued by banks domiciled outside of France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is processed by Shopify Payments or Paypal. The transmitted information is encrypted using industry best practices and cannot be read during transport over the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their bank details during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately resolved by operation of law and the order cancelled.
Article 10: Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs which remain at the buyer's expense.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing their re-marketing as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be taken back.
The right of withdrawal must be expressed to the e-mail address: fernasticcreations@gmail.com. It must be unambiguous and express the will to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) and shipping costs will be refunded.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 7 days, and at the latest, within 14 days from the receipt by the seller of the products returned by the buyer under the conditions provided above.
Right of withdrawal – Exception applicable to personalized creations
Article 11: Guarantees
In accordance with the law, the Seller assumes the guarantees of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made as follows:
Contact the Seller at the email address fernasticcreations@gmail.com
Article 12: Complaints and mediation
If necessary, the Buyer can submit any complaint by contacting the company using the following contact details fernasticcreations@gmail.com
DISPUTE – CONSUMER MEDIATION
In the event of a dispute between the Customer and the company, they will endeavor to resolve it amicably (the Customer will send a written complaint to the professional or, if applicable, to the professional's Customer Relations Department).
Failing an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Customer, within the meaning of article L.612-2 of the Consumer Code, has the possibility of free referral, if a disagreement persists, to the competent mediator registered on the list of mediators established by the Commission d'évaluation et de contrôle de la médiation de la consommation in application of article L.615-1 of the Consumer Code, namely:
La Société Médiation Professionnelle
http://www.mediateur-
Alteritae 5 rue Salvaing 12000 Rodez
Article 13: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions of Sale. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.
Article 14: Force Majeure
The performance of the seller's obligations under these terms is suspended in the event of a fortuitous event or force majeure that would prevent their execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Shall be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by them, despite all reasonably possible efforts. Expressly, are considered as 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 or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 15: Nullity and modification of the contract
Should one of the stipulations of this contract be annulled, such nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
Article 16: Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Seller implements personal data processing for the purpose of selling and delivering products and services defined in this contract. The Buyer is informed of the following elements: the identity and contact details of the data controller and, if applicable, of the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions of Sale; the department in charge of sales, delivery, and orders; the subcontractors involved in delivery and sales operations; as well as any authority legally authorized to access the personal data in question - no transfer outside the EU is planned - the data retention period: the commercial prescription period - the data subject has the right to request from the data controller access to personal data, rectification or erasure thereof, or a restriction of processing relating to the data subject, or the right to object to processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested during the order is necessary for establishing the invoice (legal obligation) and delivering the ordered goods, without which the order cannot be placed. No automated decision-making or profiling is implemented through the order process.
Article 17: Applicable law and clauses
All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.
Article 18: Consumer information
For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects in the sold item that render it unfit for the use for which it was intended, or that diminish this use so much that the buyer would not have acquired it, or would have given a lesser price for it, had they known of them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from the packaging, assembly instructions, or installation when the latter has been charged to the seller by the contract or has been carried out under the seller's responsibility.
Article L. 217-5 of the Consumer Code: The goods are in conformity with the contract: 1° If they are fit for the use ordinarily expected of similar goods and, if applicable:
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if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
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if they present the qualities that a buyer can legitimately expect given the public declarations made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if they present the characteristics defined by mutual agreement by the parties or are fit for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from non-conformity lapses after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer requests from the seller, during the commercial warranty period granted to him at the time of acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the availability of the good for repair, if this availability is subsequent to the request for intervention.
These general terms and conditions of sale have been drawn up using a free and open-source template that can be downloaded from https://www.donneespersonnelles.fr/