GENERAL TERMS AND CONDITIONS OF SALE

Preamble/Seller’s identity

The present General Conditions of Sale apply to the sales carried out by the intermediary of the site www.foilandco.com, concluded between the company Foil and Co, simplified joint-stock company with a capital of 89.000 euros, registered with the RCS of Brest under the n° 822 822 615, whose registered office is located ZA DE REUNVENGUEN 29450 LE TREHOU and any consumer purchaser having its full legal capacity, or any non-professional purchaser.

Coordinates of the salesman : Foil and co Head office : ZA DE REUNVENGUEN 29450 LE TREHOU RCS : 822 822 615 R.C.S Brest SIRET : 82282261500016 Tél : 02 98 19 29 03 Email : [email protected] We do our best to satisfy you. On this site, we present all the essential characteristics of the products. We will be attentive to the remarks you will send us. The customer must refer to the description of each product sold on the site in order to know the properties and essential characteristics. The customer acknowledges having been informed, prior to placing his order, in a legible and understandable manner, of the present General 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, THE DEADLINE AND THE MODALITIES OF EXERCISING THE RIGHT OF WITHDRAWAL AS WELL AS THE STANDARD FORM;
  • THE FACT THAT THE CUSTOMER BEARS THE COST OF RETURNING THE GOODS IN CASE OF WITHDRAWAL;
  • INFORMATION RELATING TO THE COORDINATES OF THE SALESMAN, THE MODES OF PAYMENT OF THE LITIGATIONS.
The present general conditions are presented in French. The General Conditions of Sale may be subject to subsequent modifications, the applicable version will be the one in force on the site at the date of placing the order by the customer.

I. The different steps to follow for the conclusion of the online contract

A. Ordering

You make your selection by browsing the pages of our site. Your selections are added to your shopping cart when you click on “add this product to cart”. 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 metropolitan France. Monday to Friday from 9am to 6pm.

B. Validation of the contract

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 transmitted, and in particular all the elements useful for the delivery (delivery address, digicode, telephones…). If you do not have to modify the form, then you must read these conditions. If you accept them, you must check the box “I have read the general conditions of sale and I accept them without reservation”. Any order implies the acceptance of the present. To continue your order, you must click on “pay my order”. After payment on our secure server (see “payment”), an acknowledgement of receipt is displayed. It confirms the registration of your order and informs you that a confirmation e-mail will be sent to you as soon as possible.

C. Technical means of identification and correction of errors

You have the right to identify and correct any errors you may have made when entering your data at any time. If you become aware of an error after the conclusion of the contract, you must contact us.

II. Archiving and access to the contract

We will archive contracts, order forms and invoices on a reliable and durable medium. You have the right to access these documents for orders of 120 € or more.

III. The legal guarantees

A. Legal Guarantees

The products sold on the site are in accordance with the regulations in force in France and benefit by right:

  • THE LEGAL GUARANTEE OF CONFORMITY, FOR THE APPARENTLY DEFECTIVE, DAMAGED OR DAMAGED PRODUCTS OR NOT CORRESPONDING TO THE ORDER,
  • THE LEGAL GUARANTEE AGAINST HIDDEN DEFECTS RESULTING FROM A DEFECT IN MATERIAL, DESIGN OR MANUFACTURE AFFECTING THE PRODUCTS DELIVERED AND MAKING THEM UNFIT FOR USE.
Within the framework of the legal guarantee of conformity, the consumer customer: – Has a period of two years as from the delivery of the good to act against the salesman; – Can choose between the repair or the replacement of the ordered product, subject to the conditions of cost envisaged by article L217-9 of the Code of the consumption; – Is exempted from bringing the proof of the existence of the defect of conformity of the product during the 24 months following the delivery of the product – The legal guarantee of conformity applies independently of the commercial guarantee that may cover the product. – The customer can decide to implement the guarantee against hidden defects in accordance with Article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

Seller will refund, replace or repair products or parts under warranty found to be non-conforming or defective.

B. Responsibility

We do our best to satisfy you. We are responsible for the proper execution of these Terms and Conditions. Nevertheless, we cannot be held responsible for a fortuitous event, a case of force majeure, the unforeseeable and insurmountable act of a third party to the contract or the fact that the product does not comply with foreign legislation in the event of delivery in 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.

IV. Delivery times, costs and methods

A. Terms of delivery

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

B. Delivery time

We will deliver no later than the date indicated in your order confirmation message. In case of delay in delivery, we will inform you by e-mail as soon as possible and we will propose you a new date. In accordance with the article L. 216-2 of the code of the consumption, in case of failure in its obligation of delivery at the expiration of the delivery period indicated or, at the latest thirty days after the order, the customer can cancel its order, by registered letter with request for acknowledgement of receipt or by a writing on another durable support, if, after having enjoined, according to the same modalities, the salesman to carry out the delivery within a reasonable additional time, this last one did not carry out in this time. In case of cancellation of the order, the seller will reimburse the customer for the sums paid, at the latest within fourteen days following the date of cancellation of the order, excluding any additional compensation.

C. Delivery charges

The shipping costs for all deliverable orders are calculated in your shopping cart.

D. Follow-up of the delivery

You can contact us by phone for any question regarding your delivery

V. The price

The prices of our products are indicated in euros including all taxes (French VAT and other applicable taxes). They include the cost of processing your order. If you request delivery outside of France, your order may be subject to possible taxes and customs duties when it reaches its destination. The payment of these duties and taxes is your responsibility and we invite you to inquire with the competent authorities in your country. You must also check the possibilities of importing or using the products you order from us in the destination country.

VI. Payment methods and means of security

We collect your payment upon conclusion of the online contract.

A. Means of payment

You have several means of payment to pay for your purchases on Foil and co: – Either by credit cards: Visa, Mastercard, Credit Card. The 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. The payment by credit card is perfectly secured; your order will be registered and validated as soon as the payment is accepted by the bank you have chosen. – Either by PayPal: With PayPal your financial information is never communicated to Foil and co. Indeed, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password. This implies acceptance by the customer of the PayPal 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. The credit card numbers are processed by the Crédit Mutuel de Bretagne which returns an authorization number.

VII. How to exercise the right of withdrawal

In accordance with the legal provisions, you can exercise your right of withdrawal within 14 days of receiving your product. You do not have to justify your reasons or pay any penalty. With the exception of the return postage, which remains at your expense, we will reimburse you in full within 14 daysof your withdrawal. The product must be returned complete and in its original condition. In accordance with the legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the particular specifications of the consumer. The right of withdrawal can be exercised online, by sending us an email to [email protected], in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the customer by the seller, or any other statement, unambiguous, expressing the will of the customer to withdraw.

VIII. Duration of the contract and validity of the price

The prices take into account the V.A.T. applicable on the day of the order and any change in the applicable rate of V.A.T. will be automatically reflected in the price of the products on sale on Foil and co. The products remain the sole property of Foil and co until full payment is received 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 stocks. 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 metropolitan France. Monday to Friday from 9am to 6pm. To follow up on the execution of an order, to exercise your right of withdrawal or to make use of the guarantee: we provide you with a telephone number indicated in your order confirmation e-mail.

X. Intellectual Property

All elements of the shop.foilandco.com website, whether visual oraudio, including the underlying technology, are protected by copyright, trademark or patent. They are the exclusive property of Foil and co or their respective owners. Any hypertext link to the shop.foilandco.com website using framing, deep-linking, in-line linking or any other deep-linking technique is in any case strictly prohibited. In any case, any link, even tacitly authorized, must be withdrawn upon request.

XI. Personal information

We collect your personal information for the management of your orders and the follow-up of our commercial relations. They can be transmitted to our partners exclusively for the execution of your orders, in accordance with the present General Conditions. In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, delete, rectify and oppose any personal data concerning you. Simply write to us online at Customer Service or by mail, giving us your name, first name, e-mail address, 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, jurisdiction and mediation

The present General Conditions of Sale and the operations which result from them are governed and subjected to the French law. All disputes to which the sales operations concluded in application of the present Conditions could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be resolved between Foil and co and the customer will be submitted to the competent courts under the conditions of common law. In accordance with Article L. 612-1 of the French Consumer Code, the Customer is informed that he/she may in any case have recourse to conventional mediation, in particular with the Commission for Consumer Mediation or with existing sectoral mediation bodies, whose references appear on the site, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Annex 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 in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, if the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L. 217-5 of the Consumer Code

The goods are in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, if applicable : – if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has 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 accepted by the latter

Article L. 217-12 of the Consumer Code

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article L. 217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period starts from the date of the buyer’s request for intervention or from the time the goods are made available for repair, if this is later than the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price, if he 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 two years from the discovery of the defect