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GENERAL TERMS AND CONDITIONS OF SALE

Preamble/Identity of the Seller

These General Terms and Conditions of Sale apply to sales made through the website www.foilandco.com, concluded between the company Foil and Co, a simplified joint-stock company with capital of €89,000, registered with the RCS of Brest under number 822 822 615, whose registered office is located at ZA DE REUNVENGUEN 29450 LE TREHOU and any buyer consumer having full legal capacity, or any non-professional buyer.

Seller's contact details: Foil and co Registered office: ZA DE REUNVENGUEN 29450 LE TREHOU RCS: 822 822 615 R.C.S Brest SIRET: 82282261500016 Tel: 02 98 19 29 03 Email: [email protected] We do our best to satisfy you. On this site, we present you with all the essential characteristics of the products. We will be attentive to any comments you send us. The customer must refer to the description of each product sold on the site to know its properties and essential features. The customer acknowledges having been informed, prior to placing their order, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:

  • THE INFORMATION PROVIDED FOR IN ARTICLES  L. 111-1  AND L. 111-2 (INCLUDING THE ESSENTIAL CHARACTERISTICS OF THE PRODUCTS AND THEIR PRICE);
  • THE CONDITIONS, TIME LIMIT AND MODALITIES FOR EXERCISING THE RIGHT OF WITHDRAWAL AS WELL AS THE STANDARD FORM ;
  • THE FACT THAT THE CUSTOMER BEARS THE RETURN COSTS OF THE GOOD IN THE EVENT OF WITHDRAWAL ;
  • THE INFORMATION RELATING TO THE SELLER'S CONTACT DETAILS, THE METHODS OF SETTLING DISPUTES.

These general terms and conditions are presented in the French language. The General Terms and Conditions of Sale may be subject to subsequent modifications; the applicable version will be the one in force on the site on the date the customer places 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

The products sold on the site comply with the regulations in force in France and automatically benefit from:

  • THE LEGAL GUARANTEE OF CONFORMITY, FOR PRODUCTS THAT ARE APPARENTLY DEFECTIVE, DAMAGED OR DO NOT CORRESPOND TO THE ORDER,
  • THE LEGAL GUARANTEE AGAINST HIDDEN DEFECTS ARISING FROM A DEFECT IN MATERIAL, DESIGN OR MANUFACTURING AFFECTING THE PRODUCTS DELIVERED AND RENDERING THEM UNFIT FOR USE.
Within the framework of the legal guarantee of conformity, the consumer customer: – Benefits from a period of two years from the delivery of the product to take action against the seller; – Can choose between repair or replacement of the ordered product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code; – Is exempt from providing proof of the existence of the lack of conformity of the product during the 24 months following the delivery of the product. – The legal guarantee of conformity applies independently of any commercial guarantee that may possibly cover the product. – The customer may decide to implement the guarantee against hidden defects in accordance with Article 1641 of the Civil Code; in this case, they can choose between the rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

The seller will refund, replace or have repaired the products or parts under guarantee that are deemed non-compliant or defective.

A. Legal guarantees

The products sold on the site comply with the regulations in force in France and automatically benefit from:

  • THE LEGAL GUARANTEE OF CONFORMITY, FOR PRODUCTS THAT ARE APPARENTLY DEFECTIVE, DAMAGED OR DO NOT CORRESPOND TO THE ORDER,
  • THE LEGAL GUARANTEE AGAINST HIDDEN DEFECTS ARISING FROM A DEFECT IN MATERIAL, DESIGN OR MANUFACTURING AFFECTING THE PRODUCTS DELIVERED AND RENDERING THEM UNFIT FOR USE.

Within the framework of the legal guarantee of conformity, the consumer customer: – Benefits from a period of two years from the delivery of the product to take action against the seller; – Can choose between repair or replacement of the ordered product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code; – Is exempt from providing proof of the existence of the lack of conformity of the product during the 24 months following the delivery of the product. – The legal guarantee of conformity applies independently of any commercial guarantee that may possibly cover the product. – The customer may decide to implement the guarantee against hidden defects in accordance with Article 1641 of the Civil Code; in this case, they can choose between the rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

The seller will refund, replace or have repaired the products or parts under guarantee that are deemed non-compliant or defective.

B. Liability

We do our best to satisfy you. We are responsible for the proper execution of these General Terms and Conditions. Nevertheless, our liability cannot be engaged due to a fortuitous event, an event of force majeure, the unforeseeable and insurmountable act of a third party to the contract or due to the non-compliance of the product with foreign legislation in the event of delivery to a country other than France, use of the product for professional purposes, negligence or lack of maintenance on the part of the customer, or normal wear and tear of the product.

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.

IV. Delivery times, costs and methods

A. Delivery methods

We will deliver the products to the address indicated in the order form.

B. Delivery time

We will deliver at the latest by the date indicated in the confirmation message of your order. In the event of a delay in delivery, we will inform you by email as soon as possible and we will propose a new date. In accordance with Article L. 216-2 of the Consumer Code, in the event of a failure to fulfill its delivery obligation upon expiry of the indicated delivery period or, failing that, at the latest thirty days after the order, the customer may cancel their order, by registered letter with acknowledgment of receipt or by a written document on another durable medium, if, after having enjoined, by the same means, the seller to effect delivery within an additional reasonable period, the latter has not done so within that period. In the event of cancellation of the order, the seller shall refund the customer for the sums paid, at the latest within fourteen days of the date of cancellation of the order, excluding any additional compensation.

C. Delivery costs

The shipping costs for any deliverable order are calculated in your shopping basket.

D. Delivery tracking

You can contact us by phone for any questions regarding your delivery.

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 measures

We collect your payment upon conclusion of the online contract.

A. Payment methods

You have several payment methods to pay for your purchases on Foil and co: – Either by credit card: Visa, Mastercard, Carte bleue. Payment is made on the secure bank server of our partner Crédit Mutuel de Bretagne. This implies that no banking information concerning you is transmitted via our site. Payment by credit card is therefore perfectly secure; your order will be recorded and validated as soon as the payment is accepted by the bank you have chosen. – Or by PayPal: With PayPal, your financial information is never communicated to Foil and co. Indeed, PayPal encrypts and protects your card number. Pay online simply by entering your email address and password. This implies the customer's acceptance of PayPal's terms of use.

B. Security

Payments via our site are subject to a security system.  We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card details . To protect you against possible intrusion, we do not store credit card numbers on our computer servers. Credit card numbers are processed by Crédit Mutuel de Bretagne which returns an authorization number to us.

VII. Modalities for exercising the right of withdrawal

In accordance with legal provisions, within 14 days of receiving your product, you may exercise your right of withdrawal. You do not have to give reasons or pay any penalty. Except for return costs, which remain your responsibility, we will refund you the total sums paid no later than 14 days after your withdrawal. The product must be returned complete and in its original condition. In accordance with legal provisions, the right of withdrawal cannot be exercised for products  made to order, according to the consumer's specific specifications . The right of withdrawal may be exercised online, by sending us an email to [email protected], in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the customer by the seller, or by any other unambiguous declaration expressing the customer's wish to withdraw.

VIII. Contract duration and price validity

The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products sold on Foil and co. The products remain the entire property of Foil and co until full payment of the price has been collected by Foil and co. Our price offers are only valid within the double limit of the validity period of the offer concerned and the available stock. Our offers of goods and prices are valid if they appear online on the site on the day of the order.

IX. After-sales service

If you wish to contact us, our customer service is at your disposal. For information on our offers or to place an order: by phone at 02 98 34 89 38 from mainland France. Monday to Friday from 9am to 6pm. To track the execution of an order, to exercise your right of withdrawal or to invoke the guarantee: we provide you with a telephone number indicated in your order confirmation email.

X. Intellectual property

All elements of the shop.foilandco.com site, whether  visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of Foil and co or their respective owners. Any hyperlink referring to the shop.foilandco.com site and using in particular the technique of framing, deep-linkingin-line linking or any other deep linking technique is in any case strictly prohibited. In all cases, any link, even tacitly authorized, must be removed upon simple request.

XI. Personal information

We collect your personal information for the management of your orders and the follow-up of our commercial relations. They may be passed on to our partners exclusively for the execution of your orders, in accordance with these General Terms and Conditions. In accordance with the French Data Protection Act of January 6, 1978, you have a right of access, deletion, rectification and opposition to personal data concerning you. You simply need to write to us online at Customer Service or by mail, indicating your last name, first name, email address, postal address and if possible your customer reference.

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, competent jurisdiction and mediation

These General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law. All disputes to which the sales operations concluded in application of these Terms could give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up and which could not be resolved between Foil and co and the customer shall be submitted to the competent courts under the conditions of common law. In accordance with Article L. 612-1 of the Consumer Code, the Customer is informed that they may in any case resort to conventional mediation, in particular with the Commission de la médiation de la consommation or with existing sectoral mediation bodies, whose references appear on the site, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity

Article L. 217-4 of the Consumer Code

The seller delivers a good that is in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made their responsibility by the contract or has been carried out under their responsibility.

Article L. 217-5 of the Consumer Code

The good is in conformity with the contract: 1° If it is fit for the purpose normally expected of a similar good and, where applicable: – 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; – if it possesses the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or their representative, in particular in advertising or labeling; 2° Or if it possesses the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L. 217-12 of the Consumer Code

The action resulting from a lack of conformity shall be time-barred after two years from the delivery of the good.

Article L. 217-16 of the Consumer Code

Where the buyer requests the seller, during the course of the commercial guarantee granted to them upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee that remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by a guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it, if they had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.