General Terms and Conditions
Between the Sole Proprietorship Fernastic,
35520 Melesse
registered with the Répertoire de Métiers et de l’Artisanat de 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 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 is a publisher of products intended 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 site.
Article 1: Purpose These General Terms and Conditions of Sale define 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 sale of Products made through the Company's website, and are 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 GTC at any time by publishing a new version on its website. The applicable GTC 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 unreserved by implementing a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and where applicable the Specific Terms and Conditions of Sale relating 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: Prices 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 DOM-TOM, the price is calculated automatically 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 borne by 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. The telecommunication costs necessary to access the company's websites are borne by the Customer. Where applicable, delivery costs as well.
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 to place an order: – Information on the essential characteristics of the Product; – Choice of the 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 necessary, correction of errors. Before confirming, the Buyer has the possibility to check the details of their order, its price, and to correct any errors, or cancel their order. The 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 payment of the order, as well as an acknowledgment of receipt of the order confirming it.
During the order process, the customer will have the possibility to identify any errors made in data entry and to 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, the details of the order, as well as 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, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate method, 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 indicated on the day of the order, this does not include shipping costs billed in addition. 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 the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities in the context of this sale. The Seller undertakes to fulfill the Customer's order only within the limits of available Product stocks. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the customer.
Contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the 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 relate to a continuous or periodic supply of products. Except for special conditions, the rights granted hereunder are only to the natural person signing the order (or the person holding the e-mail address provided).
Article 6: Conformity
In accordance with article L.411-1 of the Consumer Code, the products offered for sale through these GTC comply with the current requirements relating to the safety and health of people, fair commercial transactions, and consumer protection. Regardless 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 responsible for defects in conformity existing at the time of delivery. They are also responsible for defects in conformity resulting from packaging, assembly instructions or installation when the latter was carried out under their responsibility or was charged to them by the contract.
Breakage of the Product by you is not considered a hidden defect.
In accordance with the legal provisions concerning conformity and hidden defects (article 1641 of the Civil Code), the Seller reimburses or exchanges products that are defective or do not correspond to the order. Reimbursement can be requested in the following way:
Contact the Seller at the email address fernastic.creations@gmail.com, then after acceptance return the unused or damaged Product by post in its original packaging to the postal address provided by the Seller.
Article 7: Retention of title clause 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 ordering. When the store is temporarily closed, the delay is then communicated on the home page https://fernastic.com. These deadlines do not include the order preparation time. In the event of late delivery, the Customer may cancel 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 "outbound" 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 reservation regarding 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 France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by Shopify Payments, or Paypal. The information transmitted is encrypted using standard methods and cannot be read during transport over the network. Once 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 banking information 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 impossibility to debit the card, the Sale is immediately terminated by right 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 the responsibility of the buyer.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing their re-marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
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 the delivery costs are reimbursed.
Return shipping 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.
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 in the following manner:
Contact the Seller at the email address fernasticcreations@gmail.com
Article 12: Complaints and Mediation If applicable, the Buyer may submit any complaint by contacting the company using the following contact details: fernasticcreations@gmail.com
DISPUTE – CONSUMER MEDIATION
In case of a dispute between the Client and the company, they will endeavor to resolve it amicably (the Client 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 Client, within the meaning of Article L.612-2 of the Consumer Code, has the possibility to free of charge, if a disagreement persists, refer the matter 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 The brands, 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 GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 14: Force majeure The performance of the seller's obligations under these presents is suspended in the event of a fortuitous event or force majeure that prevents its execution. The seller will notify the client 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, unpredictable, 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: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, interruption of telecommunication networks or difficulties specific to external telecommunication networks to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
Article 15: Nullity and Modification of the Contract If one of the stipulations of this contract were annulled, this 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: Personal Data Protection In accordance with Regulation 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements personal data processing aimed at the sale and delivery of 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, where applicable, the representative of the data controller: the Seller, as indicated at the top of these GTC, the department in charge of sales, delivery, and orders, 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 statute of limitations - the data subject has the right to request from the data controller access to personal data, rectification or erasure thereof, or a limitation 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 the establishment of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.
Article 17: Applicable law and clauses All clauses appearing in these general terms and 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 consumer information purposes, 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 of the sold item which render it unfit for the use for which it was intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given a lower price for it, had they known about them.
Article 1648 of the Civil Code: The action resulting from redhibitory vices must be brought by the acquirer within two years from the discovery of the vice. In the case provided for by article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller can be relieved of apparent defects or non-conformities.
Article L. 217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is responsible for defects in conformity existing at the time of delivery. They are also responsible for defects in conformity resulting from packaging, assembly instructions or installation when the latter was carried out under their responsibility or was charged to them by the contract.
Article L. 217-5 of the Consumer Code: The goods conform to the contract: 1° If they are fit for the use ordinarily expected of similar goods and, where applicable:
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if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
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if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable 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: An action resulting from a lack of conformity is time-barred 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 guarantee granted to them at the time of acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee. 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 from a free and open-source template that can be downloaded from the website https://www.donneespersonnelles.fr/