Terms and conditions of sale
Preamble
The company sells clothing, footwear and accessories exclusively to consumers, marketed through its website. The list and description of the goods and services offered can be consulted on the site.
The company can be reached by email at fursultvnv@gmail.com. Hereinafter the "Seller" or the "Company", on the one hand, and the natural or legal person purchasing products or services, hereinafter the "Buyer" or the "Customer", on the other hand.
Article 1: Purpose and general provisions
These Terms and conditions of sale (T&Cs) set out the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
FURSULTANA is a distance selling company operating by catalogue, registered on 03/12/2021 with the R.C.S. of the registry of the Nanterre Commercial Court under number 908 301 112. These T&Cs apply to all sales of Products made through the Company's websites and form an integral part of the contract between the Buyer and the Seller.
The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable T&Cs are those in force on the date of payment (or of the first payment in the case of multiple payments) for the order.
The Company ensures that acceptance is clear and unreserved by means of a tick box and a validation click. The Customer declares that they have read all of these T&Cs, and where applicable the special conditions of sale relating to a product or a service, and accepts them without restriction or reservation.
The Customer acknowledges having received the advice and information needed to ensure that the offer matches their needs. They declare that they are legally able to contract under French law. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices
The prices of products sold through the websites are stated in euros and precisely set out on the Product description pages, as well as on the order page, excluding specific shipping costs.
For all products shipped outside the European Union and/or to the French overseas departments and territories, the price is calculated in euros automatically on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable. These duties and sums are not within the Seller's remit: they are borne by the Buyer and are their responsibility (declarations, payment to the competent authorities). The Seller invites the Buyer to check with the relevant local authorities.
The Company reserves the right to change its prices at any time for the future. The telecommunication costs needed to access the Company's websites are borne by the Customer, as are the delivery costs where applicable.
Article 3: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to place their order. The following steps are systematic:
- Information on the essential characteristics of the Product;
- Choice of the Product, where applicable of its options, and entry of the Customer's essential data (identification, address);
- Acceptance of these Terms and conditions of sale;
- Verification of the items in the order and, where applicable, correction of errors;
- Following the instructions for payment, and payment for the products;
- Delivery of the products.
The Customer will receive confirmation by email of payment for the order, together with an acknowledgement of receipt confirming it, accompanied by a PDF copy of these T&Cs. Delivery will be made to the address given by the Customer. In accordance with article 1316-1 of the Code civil, the Customer undertakes to provide truthful identification details.
The Seller reserves the right to refuse the order, for example for any abnormal request, one made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods and services and their respective prices are made available to the Buyer on the Company's websites. The Customer confirms having received details of the delivery costs as well as the terms of payment, delivery and performance of the contract.
The Seller undertakes to fulfil the Customer's order within the limits of available Product stock only. Failing that, the Seller informs the Customer. This contractual information is presented in detail and in the French language, and is summarised and confirmed when the order is validated. The parties agree that the illustrations or photographs of the products offered for sale have no contractual value.
In accordance with the legal provisions on conformity and latent defects, the Seller refunds or exchanges products that are defective or do not match the order. Any refund request must be sent to fursultvnvsav@gmail.com.
Article 5: Retention of title clause
The products remain the property of the Company until the price has been paid in full.
Article 6: Delivery terms
The products are delivered to the delivery address given when ordering, within the stated time. This time does not take into account the time needed to prepare the order.
When the Customer physically takes possession of the products, the risk of loss or damage passes to them. It is for the Customer to notify the carrier of any reservations about the product delivered.
Article 6-2: Delivery times
Deliveries are made within 10 to 13 business days.
Article 7: Availability and presentation
Orders are processed within the limits of available stock or subject to the stock available at our suppliers. If an item is unavailable for a period exceeding 100 business days, the Customer will be informed immediately of the expected delivery times and the order for that item may be cancelled on simple request. The Customer may then request a credit note for the amount of the item or a refund.
Article 8: Payment
Payment is due immediately on ordering, including for pre-order products. The Customer may pay by payment card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).
Secure online payment by bank card is handled by our payment provider. The information transmitted is encrypted to the state of the art and cannot be read while travelling over the network. Once payment is initiated by the Customer, the transaction is debited immediately after the information has been verified. In accordance with article L. 132-2 of the Code monétaire et financier, the undertaking to pay given by card is irrevocable.
By providing their bank details at the time of sale, the Customer authorises the Seller to debit their card for the amount corresponding to the stated price. The Customer confirms that they are the lawful holder of the card to be debited and that they are legally entitled to use it. In the event of an error or of the card being impossible to debit, the sale is immediately terminated by operation of law and the order cancelled.
Article 9: Withdrawal period
In accordance with article L. 121-20 of the Code de la consommation, the consumer has fourteen clear days to exercise their right of withdrawal without having to give reasons or pay penalties, with the exception, where applicable, of return costs. This period runs from receipt for goods.
The right of withdrawal may be exercised by writing to fursultvnvsav@gmail.com. In accordance with article L. 121-20-2 of the Code de la consommation, this right cannot be exercised for:
- cosmetic products unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- personalised products.
Where the right of withdrawal is exercised within the aforementioned period, only the price of the product or products purchased and the shipping costs will be refunded; return costs remain payable by the Customer.
Products must be returned in their original condition and complete (packaging, accessories, instructions) so that they can be resold as new; they should where possible be accompanied by a copy of the proof of purchase. The standard withdrawal form is sent by email on simple request.
Article 10: Guarantees
In accordance with the law, the Seller provides two guarantees: the legal guarantee of conformity and the guarantee against latent defects in the products. The Seller refunds the Buyer or exchanges products that are apparently defective or do not match the order placed. Refund requests are made by email to fursultvnvsav@gmail.com.
Article 11: Complaints
Where applicable, the Buyer may submit any complaint by contacting the Company at fursultvnvsav@gmail.com.
Article 12: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is made through these T&Cs. Any reproduction in whole or in part, modification or use of this property for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
Performance of the Seller's obligations under these terms is suspended in the event of a fortuitous event or force majeure preventing such performance. The Seller will inform the Customer of the occurrence of such an event as soon as possible.
Article 14: Invalidity and modification of the contract
If one of the provisions of this contract were annulled, that invalidity would not entail the invalidity of the other provisions, which will remain in force between the parties. Any contractual modification is valid only after a written agreement signed by the parties.
Article 15: Protection of personal data
Pursuant to Regulation (EU) 2016/679 of 27 April 2016 and to law no. 78-17 of 6 January 1978 as amended, the User has a right to question, access, modify, object to, rectify, port, erase and restrict the processing of personal data concerning them.
The collection of personal data allows, among other things, the processing of the order and the issuing of invoices. The Company informs the User of the use of cookies, their duration, their purpose and their supplier. The site offers granular consent options, which can be withdrawn at any time as easily as they were given. All consents are archived securely and encrypted.
Personal data may be passed on to the partners responsible for the performance, processing, management and payment of orders. Third-party suppliers collect, use and disclose this information only to the extent necessary to carry out the services they provide. Some, such as payment gateways, have their own privacy policies. Data may also be passed on to administrative and judicial authorities in order to comply with legal and regulatory obligations.
Any request must be sent to fursultvnv@gmail.com stating surname, first name, email, address and if possible the customer reference. In accordance with the applicable regulations, the request must be signed and accompanied by a photocopy of an identity document. A reply is sent within two months of receipt of the request.
Data is deleted at the latest three years after the User's last contact, with the exception of data needed to establish proof of a right or of a contract, which may lawfully be archived for five years.
Article 16: Applicable law
All the clauses in these terms and conditions of sale, as well as all the purchase and sale transactions referred to in them, are governed by French law. The language of this contract is French.
All disputes to which the purchase and sale transactions concluded under these T&Cs may give rise, concerning both their validity, their performance, their termination, their consequences and their effects, and which could not be resolved between the Seller and the Buyer, will be governed and interpreted under the laws of the country or state where the Seller carried on its activities and submitted to the non-exclusive jurisdiction of the Court of the place of incorporation of the Seller. "Non-exclusive jurisdiction" means that the Buyer has the option of bringing a claim against the Seller in another country if the applicable law so permits.
Customers' complaints must be made to customer service, which can be reached by email at fursultvnvsav@gmail.com.
The Buyer may use the mediation service for consumer disputes relating to an order placed with the site. Whichever party wishes to use mediation must first inform the other party by registered letter with acknowledgement of receipt, stating the grounds for the dispute.
