GENERAL TERMS AND CONDITIONS OF SALE
The present general conditions of sale aim to define the rights and obligations of FCR Original and the Customer of products presented by FCR Original on its website fcr-accessoires.com (hereinafter "the Site"). They apply exclusively between the company FCR ORIGINAL, ZA du Planty, 26 Rue du Planty, 86300 Chauvigny, Siret n° 53420621400015, VAT n° FR77534206214 (hereinafter "FCR Original") and any natural person consumer visiting or making a purchase via the said Site (hereinafter "the Customer").
On the Site, FCR Original allows the Customer to order online products of the FCR Original brand (hereinafter "the Product(s)") in accordance with these general conditions. Any order placed with FCR Original therefore entails the Customer's unreserved acceptance of these conditions. These general conditions may be modified at any time and without prior notice by FCR Original, the applicable conditions being those in force on the date of the order by the Customer.
The present general terms and conditions of sale shall be permanently accessible at the following address: //fcr-accessoires.com/cgv in a computer format allowing them to be printed and/or downloaded, so that the Customer may proceed with their reproduction or their saving.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the FCR Original site and accompanied by a description.
2.2. The Products offered by FCR Original are only valid within the scope of the applicable French regulations, in particular the French Highway Code and the French regulations relating to the admission of vehicles to road traffic. Before use, assembly, etc., please inquire with the competent authorities about the legal requirements in your country.
Prior to ordering accessories and assembly, the Customer shall ensure that he has the technical skills if he wishes to carry out the assembly of his accessories himself. FCR Original shall not be held responsible in case of error during the assembly or missing information for the good progress of the assembly by an individual. FCR Original recommends to entrust the assembly of its accessories to a professional.
The elements such as photographs, videos, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges. Consequently, FCR Original shall not incur any liability in case of error or omission of one of these elements or in case of modification of the said elements by the suppliers and/or publishers.
3. CUSTOMER'S OBLIGATIONS
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to be the holder of a parental authorization allowing him to place an order on the Site.
3.2. The Customer undertakes to communicate to FCR Original the real elements of information necessary for the realization of the service which is the object of the present conditions as requested on line and according to his situation, in particular his surname, first name, address, telephone and valid e-mail. The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose use would be illicit.
3.3. Once the order is placed, FCR Original shall send the Customer an e-mail confirming the order. It shall inform him of the dispatch of the Products.
3.4. The Customer may modify his personal data in the "my account" section.
4.1. Any order will be validated only after acceptance of the payment.
4.2 FCR Original reserves the right to cancel or refuse an order in case of a dispute with the Customer on a previous order or an ongoing dispute.
4.3. FCR Original may accept orders within the limits of available stocks. It shall inform the Customer of the availability of the Products sold on the Site at the time of confirmation of the order. If, despite the vigilance of FCR Original, the Products are unavailable, FCR Original shall inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, if necessary, the amounts already paid. The permanent or temporary unavailability shall in no case engage the responsibility of FCR Original, nor shall it give rise to any right to compensation or damages in favour of the Customer.
4.4. Sarl FCR declines all responsibility for the use on public roads of parts or vehicles that do not comply with the regulations in force. These parts or vehicles that are not approved are only intended for use off the public roads or during events where the regulations allow it. The purchaser of these products declares to have been informed of this situation and certifies that he/she will deal with it personally without any recourse against the Sarl FCR.
5.1. The prices displayed on the Site are indicated in Euros including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs, participation in order processing costs and packaging costs. The shipping costs, participation in the costs of order processing and packaging costs will be indicated in the Customer's basket, before the final validation of the order.
Prices may be modified at any time, without prior notice, particularly in the event of changes in fiscal or economic data. The articles will be invoiced on the basis of the prices in force at the time of the recording of the order.
6.1. FCR Original delivers its Products in France and in all countries of the European Union and in any other country.
The products are sent with the delivery note and the invoice, to the delivery address indicated by the Customer at the time of his order. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In the event of a delay in delivery of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of the order.
If the item has been shipped before receipt of the cancellation of the order for late delivery of more than 7 days, FCR Original will proceed to the reimbursement of the item and of the shipping and return costs, upon receipt of the latter, complete, in its original condition and with all labels and instructions.
FCR Original undertakes to inform the Customer of the evolution of the processing of his order as soon as its state changes.
In case of damaged packages (already opened, missing products...), the Customer undertakes to notify the carrier and FCR Original, by any means, of any reservations within 3 days following receipt of the product. Beyond this period, the responsibility of FCR ORIGINAL could not be engaged. FCR Original shall not be held responsible for the consequences due to a delay in delivery not caused by it.
The entirety of the payment must be made at the time of the order. At no time can the sums paid be considered as deposits or down payments. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard) or PayPal in accordance with the provisions of this article.
For any transaction, the Customer will indicate the number appearing on the front of his card, the expiration date of his card and the cryptogram appearing on the back of his card (last three digits).
The communication by the Customer of his credit card number shall be considered as authorization for FCR Original to debit his account up to the amount of his order.
No cash on delivery will be accepted, whatever the reason.
FCR Original keeps the property of the article until the full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by FCR Original are 100% secure. For payments by credit card (credit card, Visa card and e-Card), all the information that the Customers communicate to FCR Original are strictly protected and guarantee the conformity and the security of each transaction.
8. EXCHANGES AND RETURNS OF PRODUCT(S) - RIGHT OF WITHDRAWAL
Within a period of fourteen (14) days from the receipt of his order, the Customer may ask FCR Original to return the Product(s) and thus exercise his right of withdrawal. To do so, the Customer shall first make a request for return by e-mail. If the request for return is validated by FCR Original, the return is at the customer's expense and at the customer's risk. The Product must be returned within one week after validation of the return request, in its original packaging, in its original state, new, unused, with the mention of RETURN on the package, to the following address
ZA du Planty, 26 Rue du Planty, 86300 Chauvigny
If the article is not returned by the Customer within one week after validation of the return request, the return is considered as cancelled and the Customer must keep the product. The returned Product shall be reimbursed within a maximum period of fourteen (14) days from its receipt by FCR Original, by crediting the amount to be reimbursed to the Customer's bank or Paypal account.
The return costs shall be borne by the Customer, except if FCR Original has delivered a product damaged before shipment or different from the item ordered.
If the Customer does not respect the present conditions, in particular the conditions of return or exchange, FCR Original shall not be able to proceed to the reimbursement of the Products concerned.
FCR Original shall not be able to apply a guarantee on the products whose assembly has not been entrusted to a professional mechanic.
FCR Original does not accept any exchange of products, any exchange must be the subject of a return by the Customer, a Reimbursement of the product to be exchanged by FCR Original and a new order by the Customer. FCR Original does not accept any return or exchange of accessories ordered by its customers having a Professional account on fcr-accessoires.com, except if the accessory received is defective.
9. GUARANTEES AND RESPONSIBILITIES
FCR Original has, for all the stages of access to the site, from the ordering process to the dispatch of the parcel or the subsequent services, only an obligation of means. FCR Original shall not be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with the law and jurisprudence.
10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos...). This Site or any part of this Site must not be reproduced, copied, sold or exploited for commercial reasons without the express and written authorization of FCR Original.
Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and complete property of FCR Original.
The Customer shall therefore be bound to respect the intellectual property rights and shall not use the trademarks appearing on the Site and on the Products, if any, or register any trademark that would be prejudicial to the owner of the rights, unless otherwise provided for in the contract. The same applies to any other intellectual property right.
11. DATA PROCESSING AND FREEDOM
FCR Original undertakes to use the confidential information of the Customers only within the framework of the operation of its Site.
For the proper processing of the order, the personal data collected shall be subject to computer processing, and the Customer acknowledges that he is aware of this.
In this respect, the information concerning him may be communicated to the technical service providers of FCR Original.
Moreover, FCR Original may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionalities of the site, for example by tracing the number of visitors to certain pages.
In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, the Customer has a right of access and rectification of the personal data concerning him/her appearing in the files of FCR Original. Any request must be sent by e-mail to: firstname.lastname@example.org or by post to the following address FCR Original ZA du Planty, 26 Rue du Planty, 86300 Chauvigny (France).
12. FORCE MAJOR
In the event of a force majeure event, the party concerned shall inform the other party within fifteen (15) days of the occurrence of such event, by registered letter with acknowledgement of receipt.
Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for whatever reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.
13. GENERAL PROVISIONS
13.1. Non validité partielle d’une clause
Si l’une quelconque des stipulations des présentes conditions est déclarée nulle ou non opposable par une juridiction compétente, elle sera déclarée non écrite et n’entraînera pas la nullité des autres stipulations.
Les présentes conditions générales peuvent être modifiées à tout moment et sans préavis par FCR Original, les conditions applicables étant celles en vigueur à la date de la commande par le Client.
Les présentes conditions générales de vente sont accessibles de façon permanente à l’adresse suivante : //fcr-accessoires.com/cgv/ dans un format informatique permettant leur impression et/ou leur téléchargement, de manière à ce que ce que le Client puisse procéder à leur reproduction ou à leur sauvegarde.
13.3. Loi applicable – Tribunal compétent
Les présentes conditions générales sont soumises à la loi française en ce qui concerne les règles de fond comme les règles de forme. Tout litige devra faire l’objet d’une tentative préalable de règlement amiable.
En l’absence de règlement amiable, compétence est attribuée aux tribunaux français compétents, nonobstant pluralité de défendeurs ou appel en garantie.
13.4. : Reproduction des textes applicables (ordonnance 2005-136 du 17 février 2005, Code de la consommation, Code civil)
Art. L. 211-4. du Code de la consommation
Le vendeur est tenu de livrer un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité.
Art. L. 211-5. du Code de la consommation
– Pour être conforme au contrat, le bien doit :
1° Être propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant :
– correspondre à la description donnée par le vendeur et posséder les qualités que celui-ci a présentées au Client sous forme d’échantillon ou de modèle ;
– présenter les qualités qu’un Client peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage ;
2° Ou présenter les caractéristiques définies d’un commun accord par les parties ou être propre à tout usage spécial recherché par le Client, porté à la connaissance du vendeur et que ce dernier a accepté.
Art. L. 211-12. du Code de la consommation
L’action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien.
Art. 1641 du Code civil
Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage, que le Client ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus.
Art. 1648 alinéa 1 du Code civil
L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice.
13.1. Partial invalidity of a clause
If any of the stipulations of these conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations.
The present general conditions may be modified at any time and without prior notice by FCR Original, the applicable conditions being those in force on the date of the order by the Customer.
These general terms and conditions of sale shall be permanently accessible at the following address: //fcr-accessoires.com/cgv/ in a computer format allowing them to be printed and/or downloaded, so that the Customer may proceed with their reproduction or their saving.
13.3. Applicable law - Competent court
The present general conditions are subject to French law with regard to the rules of substance as well as the rules of form. Any dispute shall be subject to a prior attempt at amicable settlement.
In the absence of amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding multiple defendants or warranty claims.
13.4 : Reproduction of the applicable texts (order 2005-136 of February 17, 2005, Code of consumption, Civil code)
Art. L. 211-4. of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Art. L. 211-5. of the Consumer Code
- To be in conformity with the contract, the goods must :
1° Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and have the qualities that the seller has presented to the Customer in the form of a sample or model;
- have the qualities that a Customer may 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 have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Art. L. 211-12. of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Art. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the customer would not have acquired it, or would have given only a lower price, if he had known about them.
Art. 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.