GENERAL TERMS AND CONDITIONS OF SALE FOR THE BRANDS AFS, AHD, NAHSKWELL AND SEALION

Preamble/Seller's identity

These General Terms and Conditions of Sale apply to sales made through the website www.foilandco.com, concluded between the company Foil and Co SAS, a registered company with a capital of 89,000 euros, registered in the Brest Trade and Companies Register under no. 822 822 615, whose registered office is located at ZA DE REUNVENGUEN 29450 LE TREHOU and any consumer buyer with full legal capacity, or any non-professional buyer.

Seller’s contact details: Foil and co

Head 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 utmost to satisfy you. On this site, we present all the essential characteristics of the products. We will be attentive to the remarks that you will transmit to us. The customer is required to refer to the description of each product sold on the site in order to know its properties and essential characteristics. The customer acknowledges having been informed, prior to placing an 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 French 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, PERIOD AND PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL AND THE STANDARD FORM ;
  • THE FACT THAT THE CUSTOMER BEARS THE COSTS OF RETURNING THE GOODS IN CASE OF WITHDRAWAL;
  • INFORMATION RELATING TO THE SELLER’S CONTACT DETAILS, METHODS OF DISPUTE RESOLUTION.

The present terms and conditions are presented in English language. The General Terms and Conditions of Sale may be subject to subsequent modifications, the applicable version will be that 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 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 +33(0)2 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 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 the general terms and conditions of sale and I accept them unreservedly”. All orders imply acceptance of the present terms and conditions. To proceed with 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 error identification and correction

You have at any time the ability to identify and correct errors made when entering your data. If you notice an error after the conclusion of the contract, you should contact us..

II. How to archive and access the contract

We will archive contracts, purchase orders and invoices on a reliable and durable support. You have the right to communicate these documents for orders of €120 or more.

III. Legal guarantees

A. Statutory guarantees

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

  • THE LEGAL GUARANTEE OF CONFORMITY, FOR PRODUCTS THAT ARE APPARENTLY DEFECTIVE, DAMAGED OR DAMAGED OR DO NOT CORRESPOND 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: – Benefits from a two-year period from the delivery of the good to act against the seller; – Can choose between repair or replacement of the product ordered, subject to the cost conditions provided for in Article L217-9 of the Consumer Code; – Is exempt from having to provide proof of the existence of the product’s lack of conformity during the 24 months following delivery of the product. – The legal guarantee of conformity applies independently of the 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, he may choose between cancellation 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 that are found to be non-conforming or defective.

B. Responsibility

We do our utmost to satisfy you. We are responsible for the proper execution of these Terms and Conditions. Nevertheless, our responsibility cannot be engaged because of a fortuitous event, a case of force majeure, the unforeseeable and insurmountable fact of a third party to the contract or because of the non-conformity of the product to a foreign legislation in case 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 terms of delivery

A. Terms and conditions of delivery

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

B. Delivery time

We will deliver to you at the latest on the date indicated in the confirmation message of your order. In the event of a delay in delivery, we will inform you by e-mail as soon as possible and propose a new date. In accordance with Article L. 216-2 of the French Consumer Code, in the event of a breach of its delivery obligation at the end of the indicated delivery period or, failing this, no later than thirty days after the order, the customer may cancel its order, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined, according to the same terms, the seller to make delivery within a reasonable additional period, the latter has not done so within this period. In the event of cancellation of the order, the seller shall 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. Delivery tracking

You can contact us by phone for any question about your delivery.

V. The price

The prices of our products are indicated in euros all taxes included (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 country of destination.

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, 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 will be transmitted via our site. Payment by debit or 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. – Either by PayPal: With PayPal your financial information is never communicated to Foil and co. PayPal encrypts and protects your card number. Pay online by simply 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 the Crédit Mutuel de Bretagne, which returns an authorisation number.

VII. Methods of exercising the right of withdrawal

In accordance with the legal provisions, within 14 days of receipt of your product, you can exercise your right of withdrawal. You do not have to give reasons or pay a penalty. With the exception of the return costs, which remain at your expense, we will reimburse you the full amount paid within 14days of your withdrawal at the latest. The product must be returned complete and in its original condition. In accordance with the legal provisions, the right of retraction cannot be exercised for products made to order, according to the particular specifications of the consumer. The right of retraction 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 customer’s willingness to withdraw.

VIII. Duration of the contract and validity of the price

The prices take into account the VAT applicable on the day of the order and any change in the applicable rate of VAT will automatically be passed on to the price of the products on sale at 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 telephone on +33(0)2 98 34 89 38 from metropolitan France. Monday to Friday from 9am to 6pm. To follow the fullfilment of an order, to exercise your right of retraction 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 site, whether visualor 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 hypertext link to the shop.foilandco.com site using the 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 removed upon request.

XI. Nominative information

We collect your personal information for the management of your orders and the follow-up of our commercial relations. They may be forwarded to our partners exclusively for the execution of your orders, in accordance with these General Terms and Conditions. In accordance with the Data Protection Act of 6 January 1978, you have the right to access, delete, correct and oppose personal data concerning you. Simply write to us online at Customer Service or by post, giving us your full name, email address, address and if possible your customer reference.

XII. Proof of transactions

In the absence of proof of the opposite, the data recorded in the seller’s computer system shall constitute proof of all transactions concluded with the customer.

XIII. Force majeure

The parties may not be held liable if the non-execution or delay in the execution 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 Terms and Conditions of Sale and the operations arising therefrom are governed and subject to French law. All disputes to which the sales operations concluded in application of these Terms and Conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and 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 may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with the existing sector-based mediation bodies, whose references appear on the site, or to any alternative dispute resolution method (e.g. conciliation) 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 shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when this has been entrusted to him by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code

The property is in conformity with the contract: (1) If it is fit for the use usually expected of a similar property and, where applicable : – if it corresponds to the description given by the seller and has the qualities that the seller 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, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller’s knowledge and which the latter has accepted.

Article L. 217-12 of the Consumer Code

Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.

Article L. 217-16 of the Consumer Code

Where the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, to restore the property to its original condition covered by the guarantee, any period of immobilization of at least seven days shall be added to the period of the guarantee that has remained to run. This period shall run from the date of the buyer’s request for intervention or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty for hidden defects of 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 about 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.