GENERAL CONDITIONS OF SALE:
Any order placed for a product on the online store www.freetime.fr , hereinafter referred to as "the SITE", hosted by the company Shopify, implies the consultation and prior acceptance of these general conditions of sale. The order confirmation click constitutes full acceptance of these conditions and constitutes a "digital signature".
In the event of a sale to a legal entity, any dispute relating to the sale (price, general terms and conditions, products, etc.) will be subject to French law and settled by the Commercial Court of the seller's registered office.
OBJECT :
These general conditions define the rights and obligations of the parties in the context of the online sale of goods offered by FGM International SARL (FREETIME), hereinafter referred to as "the SELLER" or "we", to the consumer, hereinafter referred to as "the BUYER" or "you".
SELLER'S CONTACT DETAILS:
FGM International SARL owns, develops and markets the Freetime® brand. It is registered in the trade register under number RCS 402 955 876.
- Contact information :
- FGM International SARL - FREETIME
- ZI Frimont
- 33190 La Reole, France
- contact@freetime.fr
- Tel: +33 5 56 61 51 51
- SIREN : 402 955 876
- APE : 4690Z
- Intra-community VAT : FR 96402955876
Eco-participation identifiers :
- Sleeping bags: FR035518_107YIM
- Other sporting goods: FR254907_22TYXW
- Packaging: FR254907_01FTUJ
ORDER CONFIRMATION:
Contractual information will be confirmed by e-mail to the address indicated by the BUYER when ordering.
PAYMENT :
Payments can be made by bank card, credit card or via PayPal. Bank transfers are accepted only for France and EU member countries. Payments by check are not accepted.
PROOF OF TRANSACTION:
Electronic records, stored in the SELLER's computer systems under reasonable security conditions, are considered proof of communications, orders and payments between the parties. Orders and invoices are archived on a reliable and durable medium that can serve as proof.
PRODUCT INFORMATION:
Every effort has been made to ensure the accuracy of the information presented on the SITE. However, the SELLER or its suppliers are not responsible for the consequences of electronic transmission or the accuracy of the information, even if the SELLER was aware of the possibility of such damage. The names of the products and manufacturers are used for identification purposes only. The photos and descriptions of the products are not contractual. Note that the colors displayed on the screens may vary. The dimensions and weights are provided by the suppliers with a tolerance of +/- 10% considered acceptable.
VALIDITY PERIOD OF OFFERS AND PRICES:
The prices displayed on the SITE are valid for the day.
DELIVERY TERMS:
The products are delivered to the address indicated by the BUYER on the order form and only in the areas we serve. All products are shipped from our premises in perfect condition.
STANDARD DELIVERY TIMES:
Orders placed before 12:00 are shipped the same day; those placed after 12:00 are shipped the following business day, excluding weekends and public holidays. Typical delivery times are:
- Metropolitan France : 24 to 48 hours
- EU countries : 48 to 96 hours
- Other countries : 4 to 14 days
For any order outside mainland France, any customs duties and VAT are the responsibility of the BUYER.
DELIVERY DELAY
As with any shipment, it is possible that a delay or the product may be lost. In such a case, the BUYER must contact the SELLER as soon as possible. We will contact the carrier to start an investigation. Every effort will be made, for as long as necessary, to find this package. In this case, the SELLER will be reimbursed by the carrier and will ship a new identical package at its own expense.
The SELLER declines all responsibility for any extension of delivery times due to the carrier, in particular in the event of loss of products, bad weather, strikes, public holidays or vacation periods.
The time limit for an incident-free shipment must not exceed 30 days - (Hamon Law 2014)
- Please note, however, that for orders shipped by Colissimo Suivi, we deplore 2% of late delivery or loss of product.
- Regarding the loss of a package, we are unfortunately not responsible for the actions of La Poste and we will only be able to proceed with a new shipment after La Poste has established the official declaration of loss, i.e. after 21 days.
Likewise, in the event of an impromptu postal strike, we decline all responsibility for any delay in delivery.
DELIVERY PROBLEM DUE TO THE CARRIER
Any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations" accompanied by the signature of the BUYER.
The BUYER must notify the carrier (or postman), by noting on any physical or electronic medium serving as a delivery note, of any trace of impact on the package (holes, traces of crushing, etc.). The BUYER may also choose to refuse delivery if the package is damaged; if so, a new identical product will then be sent to him free of charge. The BUYER will not be able to claim any compensation for the delay due to the new shipment.
In all cases, the BUYER must notify the SELLER as soon as possible, either by e-mail or by telephone, of any reservations made upon receipt and/or the reasons for refusing delivery.
If no reservation has been made upon receipt of the package, the exchange of any product subsequently declared damaged during transport cannot be supported.
The PURCHASER must also confirm this anomaly by sending the carrier a registered letter with acknowledgment of receipt within three (3) working days following the delivery date, setting out said complaints.
The BUYER must send a copy of this letter to the SELLER, by mail or email. Without this statement, the SELLER will not proceed with any exchange.
RIGHT OF WITHDRAWAL
The right of withdrawal only applies to natural persons.
In accordance with Articles L. 121-21 of the HAMON Law, the BUYER has a period of fourteen (14) calendar days to exercise his right of withdrawal. This period runs from the day the order is received by the BUYER or a third party designated by him. This means that the BUYER must contact the SELLER within 14 days of receiving his order to inform him of his decision to cancel the purchase.
Once the SELLER has confirmed acceptance of the withdrawal, the BUYER has 14 days to return the products that do not suit him.
In the event of a withdrawal, only the following items may be returned:
- In perfect condition
- Complete
- Not used
- In their original packaging
The return must include the invoice and any accessories, instructions and documentation provided at the time of purchase.
In the event of a withdrawal, the cost of returning the item is the responsibility of the BUYER.
The return is made at the risk and under the full responsibility of the BUYER, who is free to choose the method of sending the Products and to take out insurance or not in the event of loss, theft or destruction of his package. The return of Products with postage due is not accepted.
Upon receipt of the returned items, the SELLER will notify the BUYER of receipt.
After verification of conformity, the BUYER will be informed of the possible validation of the refund. In case of agreement, the refund is made within 14 days by the same means of payment used for the purchase.
In the event of exercising the right of withdrawal, the BUYER has the choice of requesting either the reimbursement of the sums paid or the exchange of the product. In the case of an exchange, the reshipment will be at the BUYER's expense.
Beyond this deadline, any claim will be rejected.
This complaint may be made to the SELLER by post, email or telephone.
After analyzing the situation, the SELLER will confirm with the BUYER, if applicable, that the exchange will be covered, at the SELLER's expense.
Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the SELLER from any liability towards the BUYER.
RETURN CONDITIONS
In the event of a delivery error, any product to be exchanged or refunded must be returned to the SELLER'S ADDRESS:
- In perfect condition
- Complete
- Not used
- In their original packaging
The return must include the invoice and any accessories, instructions and documentation provided at the time of purchase.
Shipping costs are the responsibility of the SELLER only in the event of an order preparation error or a lack of conformity. In both cases, the SELLER will send a prepaid return slip to the BUYER after analysis of the complaint.
WARRANTY AND NON-CONFORMITY OF PRODUCTS
The provisions hereof cannot deprive the BUYER of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the thing sold.
The warranty period is two years (2 years). Excluded from this warranty are all products modified or repaired by the BUYER or by any entity other than the service providers chosen by the SELLER.
The warranty excludes damage caused by misuse or normal wear and tear of the product.
“Legal guarantee of conformity” (extract from the Consumer Code)
Article L. 211-4 of the Consumer Code "The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility."
Article L. 211-7 of the Consumer Code “Lack of conformity which appears within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, the period mentioned in the first paragraph of this article is reduced to six months.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 211-9 of the Consumer Code “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L. 211-12 of the Consumer Code “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good”.
“Guarantee against hidden defects” (extract from the Civil Code)
Article 1641 of the Civil Code “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them”.
Article 1644 of the Civil Code “In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.”
Article 1648 of the Civil Code - paragraph 1. "The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."
FORCE MAJEURE
Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by an unforeseeable event of force majeure. A case of force majeure shall be considered any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other within ten business days of the date on which it became aware of them.
The two parties will then come together, within three months, unless this is impossible due to force majeure, 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 more than one month, these general conditions may be terminated by the injured party.
The following are expressly considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the case law of French courts and tribunals: the blocking of means of transport, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Partial non-validation:
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions will retain their full force and scope.
NON-WAIVER
The fact that one of the parties does not assert a breach by the other party of any of the obligations referred to in the context of these general conditions of sale cannot be interpreted for the future as a claim to the obligation in question.
APPLICABLE LAW
These general conditions are subject to French law. (Hamon Law 2014) - This is the case for the substantive rules as well as for the formal rules.
In the event of a dispute or complaint, the BUYER will first contact the SELLER to obtain an amicable solution. Where applicable, in the absence of an agreed solution, the BUYER may appeal free of charge to the mediator of which the SELLER is a member.
MEDIATION
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, FGM International adheres to the e-commerce Mediator Service of the Consumer Mediation Center of Justice Conciliators (C2MC)
Mediator contact details:
CM2C
14 rue Saint Jean
75017 Paris
www.cm2c.net
PROTECTION OF PERSONAL DATA
All the data you provide to us is used to process your orders.
Under Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, you have the right to rectify, consult, modify and delete the data you have communicated to us with the SELLER. This right can also be exercised online.