The present conditions of sale are concluded on the one hand by the company
“Fougniworld” with the capital from 7600 euros whose registered
office in Marseilles, is registered with the register commercial and companies
since the 08/07/04 pennies number 477.782.957 hereafter called “the salesman”
and on the other hand, by any person or entity wishing to proceed to a purchase
via Internet site “Fougniworld” named hereafter “the purchaser”.
Object :
The present conditions of sale aim at defining the contractual relations between
the salesman and the purchaser and the conditions applicable to any purchase
carried out by the means of the commercial site of the salesman, whether the
purchaser is professional or consumer.
The acquisition of a good or a service through this site implies a general
acceptance by the purchaser of these conditions of sale.
These conditions of sale will prevail on all other general or particular conditions
not expressly approved by the salesman.
The salesman reserves himself to be able to modify his conditions of sale constantly.
In this case, the applicable conditions will be those in force at the date of
the order by the purchaser.
Characteristics of the goods and services suggested.
The products and services offered are those which appear in the catalogue published
in the site of the salesman.
These products and services are offered within the limit of stocks available.
The photographs of the catalogue are most faithful possible but cannot ensure
a perfect similarity with the product offered, in particular with regard to
the colors.
Tariffs :
The prices appearing in the catalogue are prices including all taxes in euro
taking account of the VAT applicable to the day of the order; any change of
the rate could be reflected on the price of the products or the services.
The salesman reserves himself to modify his prices constantly, however being
understood that the price appearing in the catalogue the day of the order will
be the only applicable one to the purchaser.
The prices indicated do not include/understand the expenses of treatment of
orders and transport and delivery which will be added.
Geographical surface :
The sale on line of the products and services presented in the site is reserved
to the purchasers who reside in one of the Member States of the European union.
Orders :
The purchaser, who wishes to buy a product or a service must obligatorily:
- to fill the purchase order on line by indicating its co-ordinates;
- to validate its order after having checked it;
- to carry out the payment under the conditions envisaged;
The confirmation of order involves acceptance of these conditions of sale,
the recognition to have perfect knowledge of it and the renunciation to prevail
itself of its own conditions of purchase or other conditions.
The whole of the provided data and the recorded confirmation will be worth
proof of the transaction. The confirmation will be worth signature and acceptance
of the operations carried out.
The salesman will communicate by e-mail recorded confirmation of order.
Retractation :
The purchasers, physical people nonprofessional, profit from a time of seven
days retractation as from the delivery of their order to make return of the
product to the salesman for exchange or refunding without penalty, except for
the expenses of return.
Modes of payment :
The price is exigible with the order.
The payments will be carried out by order check of “Fougniworld”
and will be established with the order. The goods will be sent to reception
of the cheque.
At the request of the purchaser, it to him will be addressed an invoice on
paper emphasizing the TVA.
Deliveries :
The deliveries are made with the address indicated in the purchase order which
can be only in the agreed geographical area.
The risks are the responsibility of the purchaser as from the moment when the
products left the buildings of the salesman. In the event of damage during transport,
the justified protest must be formulated near the conveyor within three day
as from the delivery.
The delivery periods are given only on a purely indicative basis; if those
exceed thirty days as from the order, the sale contract could be cancelled and
the refunded purchaser.
Guarantee :
All the products provided by the salesman profit from the legal guarantee envisaged
by articles 1641 and following of the Civil code.
In the event of nonconformity of a market product, it could be turned over
to the salesman who will take it again, will exchange it or will refund it.
All the complaints, requests for exchange or refunding must be carried out
by postal way with the following address:
FOUGNIWORLD SARL
86 avenue joseph vidal
13008 Marseille
FRANCE
within thirty day of the delivery.
Responsibility :
The salesman, in the process of sale on line, is held only by one obligation
of means; its responsibility could not be committed for a damage resulting from
the use of Internet network such as loss of data, intrusion, virus, rupture
of the service, or other involuntary problems.
Intellectual property :
All the elements of the site of the salesman are and remain the intellectual
and exclusive property of the salesman.
Nobody is authorized to reproduce, exploit, repeat, or use with some title
that it is, even partially, of the elements of the site which they are software,
visual or sound.
Any simple bond or by hypertext is strictly interdict without a purposely written
agreement of the salesman.
Data in personal matter :
In accordance with the law relating to data processing, the files and freedoms
of January 6, 1978, information in personal matter relating to the purchasers
could be the subject of an automated treatment.
The salesman reserves the right to collect information on the purchasers including
by using cookies, and, if it wishes it, to transmit to trade partners collected
information.
The purchasers can be opposed to the disclosure of their co-ordinates by announcing
it to the salesman. In the same way, the users have a right of access and of
correction of the data with regard to them, in accordance with the law of January
6, 1978.
Filing - Proof :
The salesman will file the purchase orders and the invoices on a reliable and
durable support constituting a copy faithful in accordance with the provisions
of article 1348 of the Civil code.
The computerized registers of the salesman will be considered by the parts
proof of the communications, orders, payments and transactions occurred between
the parts.
Payment of the litigations :
The present conditions of sale on line are subjected to the French law.
In the event of litigation, responsibility is allocate to the courts of competent
jurisdiction of Paris, notwithstanding plurality of defendants or call in guarantee.
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