- IDENTITY OF THE FILT1860 COMPANY
- PRE-CONTRACTUAL INFORMATION
- SCOPE OF APPLICATION OF THE TERMS AND CONDITIONS FOR SALE
- PRICES AND PAYMENT TERMS
- SPECIAL TERMS FOR SALES ON THE INTERNET
- COOLING OFF PERIOD - RETURNS
- TITLE RETENTION CLAUSE. RISK TRANSFER
- SEVERABILITY OF CLAUSES
- PERSONAL DATA
- DISPUTES - DISAGREEMENTS
SASU FILT1860, 2 rue Ada Lovelace 14120 MONDEVILLE
FILT1860 is a simplified joint stock company with a single shareholder with a capital of 151.200 euros registered on the Companies Register in Caen under number 573 820 636
Tel: (33) 2 31 74 72 53 – Fax: (33) 2 31 742999 – email address: firstname.lastname@example.org
The Customer acknowledges that he received these Terms and Conditions for Sale (T&Cs), in a clear and understandable form, before his contract was entered into, as well as all of the information listed under article L.111-1 of French Consumer Code, including in particular the following information: the main specifications of the Goods ordered; the price of the Goods and any additional costs (delivery charges for example); if the contract is not executed immediately, the date or period of time in which the Supplier undertakes to deliver the Goods; information concerning the identity of the Supplier, his postal address, telephone number and email address, and about his activities if these have not been made clear; information concerning statutory and contractual warranties and the manner in which they will be implemented; the possibility of recourse to conventional mediation in the event of a dispute.
These T&Cs apply without restriction or reservation to all contracts entered into by FILT1860 (‘’The Supplier’’) with consumers and non business customers (‘’The Customers or The Customer’’), who wish to buy the Goods offered for sale by the Supplier (‘’The Goods’’)
The main specifications of the Goods are given on the FILT1860 website: www.filt1860.fr. These consist mainly of nets, cord, braids, and candle wicks. The following non-exhaustive list gives examples of the articles sold by FILT1860: hammocks and seats ; nets on frames or with elastic surround for cars, boats and caravans; dog safety nets; safety nets for boats; sport nets (ping-pong, football, ...); nets for hunting (game bags, game carriers, rabbit pouches); baby carriers and Fil’Up® baby carrier slings; nets for couchettes or cab-overs; net shopping bags; cotton, synthetic or mytidouble® nets for mussel growing; cotton food nets (sausage, cured products, cooking); sport nets (basketball, billiards); packaging nets; cords; braids; candle wicks.
These T&Cs are given to any Customer on request and at the latest when a purchase is made; they prevail over any other version or conflicting document. They can also be accessed on line on the www.filt1860.frwebsite.
The prices given by FILT1860 are payable upfront, unless otherwise explicitly agreed with FILT1860 beforehand.
The prices indicated in catalogues, sales documents and on the www.filt1860.fr website do not include any delivery costs (these costs are set out in article 5.2.3 below). All prices given in catalogues, sales documents and on the www.filt1860.fr website are final. Prices are in euros, inclusive of taxes. The FILT1860 company reserves the right to modify the prices of the Goods at any time: If so, the Goods will be invoiced using the prices applicable at the time the orders are received. Where promotional offers apply (- x % on the 2nd article purchased), the reduction shall apply to the cheapest of the Goods.
The following methods of payment may be used: bank cards (Visa, MasterCard), cheques in mainland France (made out to: SASU FILT1860, 2 rue Ada Lovelace 14120 Mondeville – FR), cash for any order of less than 1,000 euros including taxes, bank transfers (to the Supplier’s bank account with Crédit Agricole: see bank details on the invoice), Paypal account (email@example.com). Cheques will be paid into the bank on departure of the goods.
The placing of any order on the internet implies that the T&Cs have been agreed to.
Where Goods are ordered at promotional prices the offer is always limited to available stocks. If stocks run out or if there are restocking difficulties, FILT1860 reserves the right to cancel the order and so inform the Customer.
When placing an order, the Customer may, at any stage, go back to modify his basket or his details, up until final validation.
5.2.1 Shipment times
Shipment times are 72 hours for Goods available in stock. Shipment time begins on validation of the order by FILT1860, which takes place on receipt of payment. Shipment times are expressed in working days. Added to these are transit times depending on the place and method of delivery.
If stocks run out or there are restocking difficulties, these times may be extended. The status of the order can be tracked directly on the Customer’s account. The latter will be informed of the theoretical additional time required to receive the Goods as a result of difficulties encountered; in such a case, unless the Customer cancels the order within 5 days of being informed of the additional time required, the order will be delivered according to the new time scale.
FILT1860 has chosen the Colissimo company, a subsidiary of the La Poste group, for the shipment of parcels of up to 20 kg to collection points or home address, Chronopost for express delivery of parcels of up to 20 kg in France or internationally and Noyon hauliers for parcels of over 20 kg.
5.2.2 Receipt of goods
It is the customer’s responsibility to check the condition of the goods on delivery. He must check the quantity and the condition of the Goods received. Any reservations made at the time of delivery should be made in writing on the delivery note. These must be explicit: comments such as ‘’subject to unpacking’’ will be devoid of any legal effect. In the event of a complaint being made, the customer must inform FILT1860 of any irregularity within 7 days from the date on which the order was received.
5.2.3 Shipping costs
For mainland France (excluding Corsica), for Corsica, and for the other countries where deliveries can be made, the shipping costs currently charged are those set out at the end of these T&Cs.
In the event of a refund being requested for an order which has been delivered, only the price of the Goods ordered will be refunded, excluding the shipping costs.
5.2.4 Delivery zones
FILT1860 delivers to the following countries overseas:
- French overseas departments: Guadeloupe (including St Barthelemy and St Martin), Martinique, Reunion, French Guiana, Mayotte, and St Pierre and Miquelon (Zone OM1 for the shipping costs mentioned below). New Caledonia and collectivity, French Polynesia, Wallis and Futuna Islands, French Southern and Antarctic Lands (Zone OM2 for the shipping costs mentioned below).
- Europe : Germany, Belgium, Netherlands, Austria, Portugal (excluding specific territories), Spain (excluding specific territories), Ireland, Italy, Estonia, Hungary, Latvia, Lithuania, Switzerland, Czech Republic, Slovenia, Denmark, Poland, Sweden, specific Spanish territories (Balearics, Canaries, Ceuta, Melilla), Bulgaria, Cyprus, Croatia, Finland, Greece, Iceland, Malta, Norway, Romania (Zones 1, 2, 3, 4 for the shipping costs mentioned below)
- United States, Canada, Australia, China, Japan, Hong Kong, Singapore, South Korea, Thailand, Taiwan, Vietnam, India, Israel (Zone 5 for the shipping costs mentioned below).
- Africa (excluding Maghreb), Middle East, Americas (excluding United States and Canada), other countries in Asia and Oceania (excluding Australia)(Zone 6 for the shipping costs mentioned below).
The average time generally required for the delivery of parcels to these countries is between 3 and 15 days.
The Customer has a period of fourteen clear days in which he can exercise his right to cancel without giving justification or paying penalties, except for return costs, where applicable. The cooling off period expires fourteen days after the day on which the Customer or a third party other than the haulier, designated by the Customer, takes physical possession of the Goods ordered. Where the fourteen day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended to the first following working day.
In order to exercise his right to cancel, the Customer must give notification of his decision by making a clear declaration to: SASU FILT1860, 2 rue Ada Lovelace 14120 Mondeville – firstname.lastname@example.org.
For optimal processing of the cancellation, FILT1860 recommends that the cancellation form to be found on the www.filt1860.frwebsite be used. In the event of cancellation, FILT1860 will refund all payments received from the Customer, including delivery costs (excluding additional costs which may have been incurred due to the Customer opting for a shipping method other than the least costly standard shipping method proposed by FILT1860), at the latest fourteen days from the day on which FILT1860 was informed of the decision to cancel.
In the event of cancellation, the Customer must return the Goods ordered to FILT1860 without excessive delay and, in all events, fourteen days at the latest after notification of the decision to cancel. The Customer must return the Goods ordered in perfect condition and in their original packaging. The Customer shall bear the costs, risks and liability of returning the Goods (it is therefore recommended that the value of the Goods be declared and that they be covered by adequate insurance for these risks). In the event of loss or damage to the parcel, no refund or compensation will be paid to the Customer by FILT1860. The Customer must bear the direct costs of returning the Goods. In order to assess these costs, the shipping costs mentioned below these T&Cs may be referred to. Where applicable, the Customer will be held liable for any impairment of the Goods resulting from any handling other than that required to establish the type, specifications and the good working order of the Goods received.
FILT1860 may postpone refunding until receipt of the Goods ordered or until receipt of proof of shipment of the Goods, whichever of these dates is the earliest.
As stated in article L. 221-28, 3 of the French Consumer Code, the right to cancel cannot be exercised in the case of contracts for the sale of Goods manufactured to the consumer’s specifications or clearly customized specifications.
6.2 EXCHANGE OR REFUND
If the goods purchased do not have hidden defects or conformity defects, the Supplier is under no obligation to take them back. Once the above mentioned cooling off period is over, FILT1860 reserves the right to accept or refuse a request for exchange or refund made by the Customer.
6.3 DELIVERY ERRORS – DAMAGED GOODS
In the event of a delivery error or damaged goods, the Customer shall inform FILT1860 of this by email or by mailed letter. FILT1860 will then propose either refunding of the Goods or the reshipment of the goods ordered. Where applicable, a return slip will be provided for the return of the Goods sent by mistake.
6.4 UNCLAIMED PARCELS
Where a parcel is sent to a collection point, the Customer has 7 days in which to go and collect the order. After this time the Goods will be returned to the sender. In this case, FILT1860 will refund the price, excluding shipping costs. A fixed amount of 10 euros, inclusive of tax, will be deducted from the amount to be refunded to cover processing costs. Where the value of the order is less than 10 euros, inclusive of tax, no refund will be made.
For as long as required, the Goods sold remain the property of FILT1860 until full payment has been made.
If the Customer takes possession of the Goods in one of the FILT1860 stores or if he uses a haulier which he has himself chosen, risk transfer (loss, damage of all kinds) takes place at the time when the Goods ordered are given to the Customer or to the haulier he has chosen.
In other cases, whatever the date of title transfer of the Goods, risk transfer takes place at the time at which the Customer takes physical possession of them.
8.1 GENERAL RULES
The warranty is limited to the repair or standard exchange of Goods with a hidden defect or conformity defect as defined in articles 1641 to 1649 of the French Civil Code and L.217-4 to L.217-13 of the French Consumer Code.
The existence, the conditions for implementation and the contents of the statutory conformity warranty and the warranty concerning defects in the Goods sold are those set out in the texts indicated in the previous paragraph.
8.2. CONFORMITY WARRANTY
In accordance with article L.217-5 of the French Consumer Code, the Goods will be in compliance with the contract ‘’1° If they are fit for the purpose usually expected of goods of this type and, where applicable : - if they comply with the description given by the supplier and possess the attributes which the latter has presented to the buyer in the form of a sample or a model ; - if they have the attributes which a buyer can legitimately expect in view of the public declarations made by the seller, the manufacturer or by his representative, in particular in advertisements or labelling ; 2° Or if they have the specifications defined by the parties by mutual agreement or comply with any special use required by the buyer, brought to the notice of, and accepted by, the seller’’. Action resulting from a conformity defect will lapse in two years from delivery of the Goods. The Customer can choose between the repair or the replacement of the Goods ordered, subject to the conditions of cost set out in article L.217-9 of the French Consumer Code. When conformity defects appear within a period of 24 months from delivery of the Goods, it is presumed that they existed at the time of delivery, unless otherwise proven. For Goods sold second hand, this period will be six months. The statutory conformity warranty applies independently of the sales warranty which may also cover the Goods. In order to secure his rights, the Customer must inform the Supplier in writing of the non-conformity of the Goods within a period of 15 days above, from the time at which he discovered it, and then return or bring back the defective Goods to the store in the condition in which he received them, along with all of the component parts (accessories, packaging, instructions…). If need be, where the Customer considers that return to the store would cause him major inconvenience, he shall so inform the Supplier in writing as soon as possible. The Supplier shall refund, replace or repair the Goods or parts under warranty which are judged to be non compliant or defective. The costs of shipping and/or return shall be refunded to the Customer on the basis of postal rates (‘’economy’’ rate) upon presentation of receipts. Refunds for Goods judged to be non compliant are made in the shortest possible time and at the latest within fourteen days of the Supplier’s recognition of the conformity defect. The refund will be made by transfer to the Customer’s bank account or by cheque sent to the Customer.
8.3 HIDDEN DEFECT WARRANTY
In accordance with statutory provisions and with no additional payment, the Goods supplied by the Supplier are automatically covered by a hidden defect warranty, for Goods with a defect in material, design or manufacture affecting the Goods delivered and making them unfit for use, within the conditions set out in articles 1641 to 1649 of the French Civil Code. Refunds for Goods considered to be defective will be made in the shortest possible time and at the latest within fourteen days of the Supplier’s recognition of the hidden defect. The refund will be made by transfer to the Customer’s bank account or by cheque sent to the Customer. Legal action pertaining to hidden defects must be filed by the buyer within a period of two years from the time the defect was discovered. Under the hidden defect warranty, the Customer may choose between the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
9.1 EXTENT OF LIABILITY
FILT1860 may not be held liable for damage of any kind resulting from improper use of the Goods. Neither may FILT1860 be held liable for damage caused after modification or tampering with the Goods. In addition, FILT1860 will in no way be liable in the event of the non execution or the incorrect execution of the sales contract being attributable either to the Customer or to the unforeseeable and insurmountable act of a third party (including the intervention of a third party, repairman or other, on the Goods).
The photographs of the Goods shown in catalogues, brochures and on the www.filt1860.fr website have no contractual value.
9.2 LIMIT OF LIABILITY
In cases where the liability of FILT1860 is established, the parties agree that the compensation expected of FILT1860, for claims other than personal injury claims, may not exceed the price of the order in question.
The invalidity or ineffectiveness of one of the clauses in these T&Cs shall in no way affect the validity or effectiveness of the other clauses.
FILT1860 uses a computer system which is designed to manage its Customers’ orders, the delivery of the Goods ordered, to follow up the execution of the contract and, where necessary, guarantee its Customers. To this end a certain amount of personal data is collected, either on the internet or when a physical order is placed (surname, first name, delivery and invoicing addresses, telephone number, email address). Great care is taken concerning access to the personal data collected : only persons who necessarily require access to this data, for the ends set out above, are given access to it. The data is neither sold nor passed on to third parties. FILT1860 keeps it for 5 years (time period necessary in the event of its being found liable). Customers have a right to information about the personal data collected and a right to correction of incorrect data which they can exercise directly with FILT1860 : SASU FILT1860, 2 rue Ada Lovelace 14120 Mondeville. Customers are informed that they may, for legitimate reasons, oppose the processing of their data.
In accordance with article L.211-3 of the French Consumer Code, ‘’ on conclusion of any written contract, the consumer shall be informed by the trader of the possibility, in the event of a dispute, that he may apply for consumer mediation as set out in title 1 of book VI’’.
The Mediator’s details can be found on the website: http://www.cm2c.net
You can contact them by email to : email@example.com
CM2C 49 rue de Ponthieu 75008 Paris
These T&Cs and the operations resulting from them are governed by, and are subject to, French law.
These T&Cs have been written in French. If they are translated into one or several foreign languages, only the French version shall be legally binding in the event of a dispute.