Introduction:
The purpose of these General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) is to govern the contractual relationship between SAS FILGONE (hereinafter referred to as the “Merchant”) and any person wishing to make a purchase (hereinafter referred to as the “Customer”) from the https://filgone.com website (hereinafter referred to as the “Website”).
Should the Customer have any questions about the GTC or the Privacy Policy, he/she may contact customer service at the following e-mail address: contact@filgone.com
1. Acceptance of the GTC
By using https://filgone.com or by placing an order through it, the Customer agrees to be bound by these GTC and the Privacy Policy, without restriction or reservation.
Before placing an order, the Customer must tick the box “I acknowledge having read and accepted the General Terms and Conditions of Sale and the Privacy Policy”.
2. Autonomy
The invalidity of any provision of the GTS shall not affect the validity of the GTS as a whole.
3. Modification of the GTC
The Merchant reserves the right to modify these GTC at any time, with any modifications taking effect as soon as they are published on https://filgone.com. The new GTC will apply to all new orders.
4. Intellectual property rights
The content of the https://filgone.com website (logos, texts, brands, images, videos) is the intellectual property of the Merchant. Any reproduction in whole or in part is forbidden without the express prior authorization of the Merchant.
5. Product availability
All orders on https://filgone.com are subject to product availability. In the event of unavailability after an order has been placed, the latter will be cancelled and the Customer will be notified via the e-mail address provided by the Customer when placing the order. The Merchant reserves the right to withdraw its products from https://filgone.com or to modify any information or illustration at any time.
The description of products on https://filgone.com does not constitute a contractual document. The Merchant cannot be held responsible for any differences that do not affect their essential characteristics.
6. Prices and delivery charges
The prices displayed on https://filgone.com are indicated in EUR € but do not include delivery charges. Delivery charges will therefore be added to the total amount due by the Customer, in accordance with article 7.
The Merchant reserves the right to modify its prices at any time. In this case, price changes will only apply to future orders and not to orders already in progress.
In the event of a price error, the Merchant reserves the right to rectify it and will inform the Customer as soon as possible via the e-mail address provided by the Customer in order to offer the Customer the opportunity to complete the transaction at the correct price or to cancel the order.
7. Delivery charges and terms
Subject to availability (see article 5 above), the Merchant undertakes to deliver the Customer's order within 30 days of order confirmation received at the e-mail address provided by the Customer.
It is the Customer's responsibility to check the condition of his products and the conformity of his order upon delivery.
When placing an order, it is the Customer's responsibility to choose the delivery method of their choice from those offered on https://filgone.com. Delivery charges can be consulted on the carriers' websites.
8. Payment methods
The payment methods available are those listed on https://filgone.com.
The Merchant reserves the right to modify this list at any time, without affecting current orders.
9. Formation of the Contract
By placing an order on https://filgone.com, the Customer warrants that he/she is at least 18 (eighteen) years of age and legally capable of entering into a contract.
The Customer warrants that he/she is a professional placing an order in the course of his/her business activity. These GTC are intended for professionals acting exclusively for purposes that fall within the scope of their professional activity. Customers are expressly reminded that, as the GCS apply only to sales made to a professional purchaser acting for purposes that fall within the scope of his or her professional activity, no right of withdrawal exists in his or her favor.
To place an order, the Customer validates his basket and proceeds to payment in accordance with article 7 above. A sales contract is only formed between the Customer and the Merchant upon receipt by the Customer of an e-mail confirming his/her order to the e-mail address provided by the Customer.
It is the Customer's responsibility to check the accuracy of the contents of his/her order before validating his/her basket and proceeding with payment. The Customer may modify his/her basket before validating it and proceeding with payment.
10. Order refusal
The Merchant reserves the right to refuse any order
11. Transfer of ownership
Products ordered remain the property of the Merchant until payment of the order price and delivery by the Customer.
The transfer of risks takes place from the moment of delivery of the order to the Customer.
12. Legal warranty
In the event of non-conformity of the order at the time of delivery, the Merchant complies with his legal warranty obligations. The Customer acting as a consumer may contact customer service in accordance with article 7 above. The Customer must exercise his legal warranty within 2 months of delivery of the order. The customer is free to request from customer service the replacement of the non-compliant order or the return of the order and reimbursement of the price of the defective products. In the event of a return, the customer must explicitly inform the Merchant and return the entire order, in its original condition and undamaged original packaging, with all accessories supplied.
13. Hidden defects
The customer may contact customer service in accordance with article 11 above if, at the time of delivery, defects are found in the order which render the products unfit for use. The Customer may then request a price reduction from Customer Service, or return the order for a refund of the price of the defective products. In the event of a return, the Customer must explicitly inform the Merchant of his withdrawal and return the entire order, in its original condition and undamaged original packaging, with all accessories supplied.
14. Right of withdrawal
In application of article L. 121-21 of the French Consumer Code, the Customer acting as a consumer may withdraw from the contract without giving any reason within fourteen (14) days from the date of receipt of the order.
In the case of an order for several goods delivered separately over a defined period, the period runs from receipt of the last good, batch or part. If the period expires on a Saturday, Sunday or public holiday, the withdrawal period is extended to the next working day.
However, in accordance with article L. 121-21-8 of the French Consumer Code:
“The right of withdrawal cannot be exercised for contracts :
4° The supply of goods likely to deteriorate or expire rapidly 5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection 6° The supply of goods which, after delivery and by their nature, are indissociably mixed with other items”.
In the event of retraction, the Customer will receive a refund of his order, excluding any return delivery charges, by the same method of payment used by the Customer to purchase the products, under the conditions set out in article 13 below. This refund will not include any return shipping costs.
15. Exercising the right of withdrawal
In order to exercise his right of withdrawal, the Customer acting as a consumer must explicitly inform the Merchant of his withdrawal and return the entire order, in its original condition and undamaged original packaging, with all accessories delivered.
16. Force Majeure
The Merchant cannot be held responsible for the non-performance or delay in the performance of its contractual obligations under the sale of products purchased on https://filgone.com in the event of an event beyond its control, a case of force majeure or an act of a third party beyond the Merchant's control.
It is agreed that the following may constitute cases of force majeure: legislative and regulatory changes, fires, storms, floods, strikes inside or outside the Merchant, illness, power surges and electric shocks, breakdowns of cooling systems and computer equipment, blockages and slowdowns of electronic communications networks, computer viruses and hacking, and more generally any unforeseeable event outside the control of the Merchant.
18. Amicable settlement of disputes
Article L. 612-1 of the French Consumer Code states that “All consumers have the right to have recourse, free of charge, to a consumer mediator with a view to the amicable settlement of a dispute between them and a professional”.
At European level, the European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
This covers disputes concerning the performance of a sales or service contract between a consumer and a professional.
19. Law and jurisdiction
Any dispute arising in connection with contracts for the sale of products purchased on https://filgone.com shall be subject to the jurisdiction of the courts and the laws of France governing the said sales contracts.
20. Information about the Merchant
Legal information about the company :
- Company name : SAS FILGONE
- RCS: 933503575 Angoulême
- Vat Number: FR69933503575
Contact: contact@filgone.com