GENERAL TERMS AND CONDITIONS OF SALE
Preamble / Seller identity
These general terms and conditions of sale (T&Cs) apply to sales of products made through the website afs-foiling.com between Foil and Co, a simplified joint-stock company (SAS) with share capital of €110,250, registered with the Brest Trade and Companies Register under number 822 822 615, whose registered office is at Espace Joseph Rolland, ZAE de Gorrequer, 29800 Pencran, France (hereinafter “Foil and Co” or “AFS”), and any natural person acting as a consumer or non-professional (hereinafter “the customer”).
They do not apply to purchases made by professionals, in particular resellers, which are governed by separate terms agreed with Foil and Co. Sales between private individuals on the second-hand marketplace are governed by the marketplace Terms of Use.
Seller contact details
Foil and Co – Espace Joseph Rolland, ZAE de Gorrequer, 29800 Pencran, France
RCS Brest 822 822 615 – SIRET 822 822 615 00032
Phone: +33 2 98 19 29 03 (Monday to Friday, 9 am to 6 pm CET)
Email: contact@foilandco.com
The customer should refer to the description of each product on the website for its essential characteristics.
The customer acknowledges having been informed, before placing the order, in a legible and comprehensible manner, of these T&Cs and of all the information referred to in Article L. 221-5 of the French Consumer Code, in particular:
- the essential characteristics of the products and their price;
- the conditions, time limit and procedure for exercising the right of withdrawal, and the model withdrawal form (Appendix 2);
- the fact that the customer bears the cost of returning the goods in the event of withdrawal;
- the existence and terms of the legal guarantees (Article III);
- the seller's contact details and the dispute resolution methods.
These T&Cs are drawn up in French; in the event of any discrepancy with a translation, the French version prevails. They may be amended at any time: the applicable version is the one in force on the website on the date of the order.
I. The different steps to follow for the conclusion of the online contract
A. Order
You make your selection by browsing the pages of our site. Your selections are added to your basket when you click on "add this product to the basket". At any time during your navigation on our site, you can validate your order by clicking on "validate my order". You can also order: By phone at 02 98 19 29 03 from mainland France. Monday to Friday from 9am to 6pm.
B. Contract validation
When you click on "validate my order", a confirmation message appears. It summarizes all the products and options selected. You must check in this order form all the information provided, and in particular all the details useful for delivery (delivery address, door code, phones...). If you do not need to modify the form, you must then read these terms and conditions. If you accept them, you must tick the box "I have read and accept the general terms and conditions of sale without reservation". Any order implies acceptance of these terms. To proceed with your order, you must click on "pay my order". After payment on our secure server (see "payment"), a receipt is displayed. It confirms the registration of your order and informs you that a confirmation email will be sent to you as soon as possible.
C. Technical means for identifying and correcting errors
You have at all times the ability to identify and correct your errors made when entering your data. When you notice an error after the conclusion of the contract, you must contact us.
II. The terms of archiving and access to the contract
We will archive the contracts, order forms and invoices on a reliable and durable medium. You have a right to communication of these documents for orders with an amount greater than or equal to €120.
III. Legal guarantees
A. Legal guarantees
Independently of any commercial warranty, products sold on the website automatically benefit from:
- the legal guarantee of conformity (Articles L. 217-1 to L. 217-32 of the French Consumer Code), for two years from delivery of the goods;
- the legal guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code), for two years from discovery of the defect.
For second-hand products sold by Foil and Co, the legal guarantee of conformity also applies for two years from delivery; however, the customer is exempt from proving that the defect existed at the time of delivery only during the first twelve months (instead of twenty-four), in accordance with Article L. 217-7 of the French Consumer Code.
To make a claim under a guarantee, the customer contacts the after-sales service as set out in Article IX. The seller repairs, replaces or refunds products found to be non-conforming or affected by a hidden defect, under the conditions set out below.
Information on the legal guarantees
The consumer has two years from delivery of the goods to obtain the application of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only needs to establish the existence of the lack of conformity, not the date on which it appeared.
The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to keep the goods in conformity.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair but the seller imposes replacement, the legal guarantee of conformity is renewed for two years from the date of replacement.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:
- the professional refuses to repair or replace the goods;
- the repair or replacement takes place after thirty days;
- the repair or replacement causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or the costs of installing the repaired or replacement goods;
- the lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination, without first having to request repair or replacement.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the goods are returned in working order.
The above rights result from Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who in bad faith obstructs the application of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.
B. Liability
We are responsible for the proper performance of these T&Cs. However, we cannot be held liable in the event of force majeure, the unforeseeable and insurmountable act of a third party, or an act of the customer, in particular use of the product not in accordance with its intended purpose or the instructions for use, negligence or lack of maintenance. Normal wear and tear is not a lack of conformity. For deliveries outside France, it is the customer's responsibility to check that the product may be imported and used in the country of destination.
IV. Delivery times, costs and terms
A. Delivery terms
We deliver the products to the address given by the customer when placing the order.
B. Delivery time
We deliver no later than the date or within the time frame indicated when the order is placed and confirmed in the confirmation email. In the event of a delay, we inform the customer by email as soon as possible and propose a new date.
In accordance with Article L. 216-6 of the French Consumer Code, if the delivery obligation is not met by the agreed date or time limit or, failing that, within thirty days of the conclusion of the contract, the customer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium if, having requested the seller in the same manner to deliver within a reasonable additional period, the seller has not done so within that period. The seller then refunds all sums paid no later than fourteen days after the date on which the contract was terminated.
C. Delivery costs
Delivery costs are calculated and displayed in the cart before the order is confirmed.
D. Delivery tracking
For any question about delivery, the customer can contact us on +33 2 98 19 29 03 or by email at contact@foilandco.com.
V. Price
The prices of our products are indicated in euros inclusive of all taxes (French VAT and other applicable taxes). They include in particular the costs of processing your order. If you request delivery outside French territory, your order may be subject to possible taxes and customs duties when it arrives at its destination. The payment of these duties and taxes is your responsibility and we invite you to enquire with the competent authorities of your country. You must also check the possibilities of importing or using the products you order from us in the country of destination.
VI. Payment terms and security
The price is payable when the order is placed.
A. Payment methods
The customer can pay for the order:
- by bank card (CB, Visa, Mastercard), on the secure Monetico payment server of our banking partner Crédit Mutuel; the order is confirmed as soon as the payment is accepted;
- by bank transfer: our bank details are provided when the order is confirmed, and the order is only prepared once the funds have been received;
- for deliveries to the United States, by bank card via Authorize.Net.
B. Security
Communications between the customer's browser and our website are encrypted (TLS protocol). Card data is entered and processed directly by our payment provider: it does not pass through our servers and is not stored by Foil and Co.
VII. Right of withdrawal
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the customer has 14 days from receipt of the product to exercise the right of withdrawal, without giving any reason or paying any penalty.
To exercise it, the customer sends, before this period expires, an unambiguous statement of the decision to withdraw, by email to contact@foilandco.com, by post to Foil and Co, Espace Joseph Rolland, ZAE de Gorrequer, 29800 Pencran, France, or using the model form in Appendix 2. An acknowledgement of receipt is sent on a durable medium.
The customer returns the product, complete and in its original condition, no later than 14 days after communicating the decision. Return costs are borne by the customer, who may be held liable for any diminished value resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the product.
We refund all sums paid, including initial delivery costs (on the basis of standard delivery), no later than 14 days after being informed of the withdrawal. The refund may be withheld until the product has been received back or the customer has supplied proof of having sent it. It is made using the same payment method as the original order, unless the customer expressly agrees otherwise.
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to products made to the customer's specifications or clearly personalised.
VIII. Contract duration, price validity and retention of title
Prices include the VAT applicable on the day of the order; any change in the VAT rate is automatically reflected in the price of products sold on the website.
Our product and price offers are valid as long as they are shown on the website, while stocks last.
The products remain the property of Foil and Co until the price has been paid in full.
IX. Customer service and after-sales service
Our customer service is available Monday to Friday, 9 am to 6 pm (CET), on +33 2 98 19 29 03 and by email at contact@foilandco.com.
To track an order, exercise the right of withdrawal or make a guarantee claim, the customer can also submit a request from their customer account on the website. A guarantee claim should include the order number and, where possible, photos of the defect.
X. Intellectual property
All elements of the website afs-foiling.com, whether visual or audio, including the underlying technology, are protected by copyright, trademark or patent law. They are the exclusive property of Foil and Co or of their respective owners. Any unauthorised reproduction, representation or use is prohibited.
Any hyperlink to the website afs-foiling.com using framing or in-line linking techniques is prohibited. Any link, even tacitly authorised, must be removed on request.
XI. Personal data
Foil and Co processes the customer's personal data as data controller, to manage orders, delivery, after-sales service and customer relations, and to comply with its legal obligations. This processing is based on the performance of the contract, compliance with legal obligations and Foil and Co's legitimate interest. Data is only shared with the service providers needed to fulfil the order (payment, shipping).
In accordance with Regulation (EU) 2016/679 (GDPR) and the amended French Data Protection Act of 6 January 1978, the customer has the right to access, rectify, erase, restrict, object to and port their data, which can be exercised by email at contact@foilandco.com or by post to the registered office. The customer may lodge a complaint with the CNIL (www.cnil.fr).
Details of the processing and retention periods are set out in our Privacy Policy.
XII. Proof of transactions
Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.
XIII. Force majeure
The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
XIV. Applicable law, complaints and disputes
These T&Cs are governed by French law. This clause does not deprive a consumer resident in another Member State of the European Union of the protection afforded by the mandatory provisions of the law of their country of residence.
Any complaint should first be sent to customer service, by email at contact@foilandco.com or by post to Foil and Co, Espace Joseph Rolland, ZAE de Gorrequer, 29800 Pencran, France.
In accordance with Articles L. 611-1 et seq. of the French Consumer Code, a consumer customer has the right to use a consumer mediator free of charge to seek an amicable resolution of a dispute, after first sending a written complaint to Foil and Co.
Failing an amicable settlement, the dispute will be brought before the competent court under ordinary law; a consumer customer may in particular bring proceedings, at their choice, before the court of the place where they lived when the contract was concluded or where the harmful event occurred.
Appendices
Appendix 1: texts governing the legal guarantees
Legal guarantee of conformity: Articles L. 217-1 to L. 217-32 of the French Consumer Code. Guarantee against hidden defects: Articles 1641 to 1649 of the French Civil Code. These guarantees are summarised in Article III above.
Appendix 2: model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Foil and Co, Espace Joseph Rolland, ZAE de Gorrequer, 29800 Pencran, France – contact@foilandco.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*)/received on (*):
Order number:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.