General Terms and Conditions of Sale
The online shop of the purebag.fr website, was set up by the company FCSE - SIRET 513 826 164 00024 -, which is the operator of this site. Any order for a product appearing in the online shop of the purebag.fr website requires prior consultation of these general conditions. Consequently, the consumer acknowledges that he/she is fully informed of the fact that his/her agreement regarding the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website shop.
The online shop set up by FCSE as part of the website contains the following information:
- legal notice allowing a precise identification of the FCSE company
- presentation of the essential characteristics of the proposed goods
- indication, in Euros, of the price of the goods, as well as, where applicable, the delivery costs
- indication of the terms of payment, delivery or performance
- the existence of a cancellation clause
- the period of validity of the offer or price
- the conditions for terminating the contract when it is for an indefinite period or for a period exceeding one year
- All this information is presented in English. The consumer declares that he/she has full legal capacity to enter into these general conditions
Article 1: Completeness
These general conditions express all the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these general conditions. No general or specific conditions contained in the documents sent or delivered by the consumer may be incorporated herein, as long as these documents are incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by FCSE to the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions; the purchase order. In the event of any inconsistency between the provisions contained in the documents of different rank, the provisions of the document of higher rank shall prevail.
Article 4: Coming into force - duration
These general conditions come into force on the date of signature of the order form. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by the FCSE company.
Article 5: Electronic signature
The consumer's "double click" on the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Confirmation of order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
Article 7: Proof of the transaction
The computerized records, kept in the FCSE company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8: Product information
8-a : The FCSE company presents on its website the products for sale with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides the potential consumer with the possibility of knowing the essential characteristics of the products he wishes to buy before placing a final order.
8-b : The offers presented by the company FCSE are only valid within the limits of available stocks.
Article 9: Prices
Prices are indicated in euros and are only valid on the date of dispatch of the order form by the consumer. They do not take into account delivery costs, invoiced in addition, and indicated before the validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or instalments.
Article 10: Method of payment
To pay for his order, the consumer has, at his choice, all the payment methods referred to in the order form. The consumer guarantees to the FCSE company that he/she has the necessary authorizations to use the payment method chosen by him/her, when validating the order form. FCSE reserves the right to suspend all order processing and delivery in the event of refusal of authorization of payment by credit card by officially accredited organizations or in the event of non-payment. In particular, FCSE reserves the right to refuse to make a delivery or to honour an order from a consumer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.
Article 11: Availability of products
The order will be executed at the latest within 3 days from the day following the day on which the consumer placed his order. In the event of unavailability of the ordered product, in particular due to our suppliers, the consumer will be informed as soon as possible and will have the possibility to cancel his order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or the exchange of the product.
Article 12: Terms of delivery
The products are delivered to the address indicated by the consumer on the order form and only in metropolitan France. The consumer is required to check the condition of the packaging of the goods on delivery and to report any damage due to the carrier on the delivery note, as well as to the FCSE company, within one week. The consumer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form. As far as shipping is concerned, we work with Packlink Pro, which is responsible for offering us the best solution in a panel of carriers. For heavy and bulky parcels we use a courier service. As soon as we send a shipment, you will immediately receive an email informing you. Delivery times may be extended in the event of unforeseen events in normal sales and delivery operations. We decline any responsibility for any extension of delivery times due to the carrier, particularly in the event of loss of products or strike.
Article 13: Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature. The consumer must at the same time confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgement of receipt stating the said complaints. The consumer must send a copy of this letter by fax or by post to :
SAS FCSE
67 avenue Victor Hugo
16100 Cognac
Article 14: Errors of delivery
14-a : The consumer must submit to the FCSE company on the same day of delivery or at the latest on the first working day following delivery, any claim of error in delivery and/or non-conformity of the products in kind or in quality with regard to the indications appearing on the order form. Any claim made after this deadline will be rejected.
14-b : This complaint can be made to FCSE: - primarily by telephone on 05 45 81 07 45 from Monday to Friday from 9am to 5pm, - by connecting to our website in the "contact" section, specifying the reference of the order.
14-c : Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release FCSE from any liability towards the consumer.
14-d: Upon receipt of the complaint, the FCSE company will assign an exchange number for the product(s) concerned and communicate it to the consumer by e-mail, fax or telephone. The exchange of a product can only take place after the consumer has been assigned an exchange number in accordance with the procedure described above.
14-e : In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the FCSE company as a whole and in its original packaging, in Colissimo Recommandé, to the following address:
FCSE
67 Victor Hugo Avenue
16100 Cognac
To be accepted, any return must be reported in advance to FCSE.
The shipping costs are to be borne by the FCSE company, except in the event that it turns out that the product returned does not correspond to the original declaration made by the consumer in the return form.
Article 15: Delivery Tolerance
For any order, the delivery times are induced by the chosen mode of transport. A theoretical time limit is then given as an indication.
For any large volume order, delivery times may be extended and delivery charges may be added.
For all orders within the professional framework, deliveries can be made on pallets. All the information will be given to you beforehand by contacting FCSE directly via the contact form on the purebag.fr website, by email at contact@purebag.fr or by telephone at 05 45 81 07 45.
Article 16: Product Warranty
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the thing sold. The consumer is expressly informed that FCSE is not the producer of the products presented on the website, within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the producer of the product may be held liable by the consumer, on the basis of the information on the purebag.fr website. The conditions and duration of the producer warranty are indicated on the product sheets.
Article 17: Right of withdrawal
The consumer has 14 working days to return, at his own expense, products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day. Any return must be notified in advance to the company FCSE: - in priority by telephone on 05 45 81 07 45 from Monday to Friday from 9am to 5pm, - by connecting to our website in the "contact" section. The product must be returned by Colissimo Recommandé to:
FCSE
67 Victor Hugo Avenue
16100 Cognac
Only products returned in their entirety, in their original packaging complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, with the exception of return shipping costs. In the event of the exercise of the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the re-shipment will be at the consumer's expense.
In case of exercise of the right of withdrawal, FCSE will make every effort to refund the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product requires a technical verification (see products to be tested beforehand).
The consumer will then be reimbursed by crediting his bank account (secure transaction) in case of payment by credit card, or by cheque in other cases.
Article 18: Force Majeure
Neither party shall have failed to fulfil its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it became aware of them. The two parties will then get together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stopping of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 19: Partial non-validation
If one or more provisions of these general terms and conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 20: Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted in the future as a waiver of the obligation in question.
Article 21: Title
In the event of any difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Chatel Law
The FCSE company is required to respect a delivery deadline, after this date, the customer of the site purebag.fr can then request a full refund of his order including shipping costs.
The shipping costs related to the return of the products remain the responsibility of the customer wishing to cancel his order on the shop of the site purebag.fr.
The FCSE company undertakes not to collect any fees during a telephone call to the customer service of purebag.fr.
Article 23: Applicable law
These general conditions are subject to French law. This is the case for both substantive and formal rules. In the event of a dispute or claim, the consumer will first contact FCSE to obtain an amicable solution.
Article 24: Information Technology and Liberties
The information requested from the consumer is necessary for the processing of his order and may be communicated to FCSE's contractual partners involved in the execution of this order. The consumer may write to the FCSE company whose contact details are within the privacy policy contained in the website, to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and contained in the files of the FCSE company, under the conditions provided by the law of 6 January 1978.