Article 1: Scope of application
1.1 - The present general sales conditions govern, in an exclusive manner, the contractual relations between MAISON FICHET SABATIER (hereafter referred to as MAISON FICHET SABATIER) and any individual (hereafter referred to as "the customer") who places an order on the retail website (hereafter referred to as "the site") via the following Web address: www.sabatier-1947.com
1.2 - This site is published by MAISON FICHET SABATIER, SAS with a share capital of €500,000, listed in the CHASSIEU Trade Register under the number 322357575-CHASSIEU Cedex and with head offices located at:
63 Avenue Du Progrès BP 11 69682 CHASSIEU Cedex
Téléphone : +33(0)4 72 47 52 08
E-mail : email@example.com
1.3 - The present general conditions are applicable to all articles proposed for sale on the site; they are reserved for customers at least 18 years old in possession of full legal capacity.
1.4 - Any order of one or more articles displayed on the site implies the customer's reading and acceptance without reserve of the present general sales conditions as well as the rates practiced. These conditions are to take precedence over any other document as well as over the general sales conditions applicable in the customer's home country.
1.5 - Any breach on the part of MAISON FICHET SABATIER of any of its obligations, as listed in the present general sales conditions, may not under any circumstances be interpreted by the customer as a renunciation of these conditions. Said conditions may be updated or modified without prior notice. The applicable conditions therefore shall be those in effect at the time the sales contract is concluded, i.e. on the day the order is recorded.
Article 2: Information relative to the articles for sale
2.1 - All articles and promotional offers presented on the site are being proposed for sale to the extent of available inventory and for offers through expiration of their validity. The presence of an article on the site does not guarantee its availability in inventory.
2.2 - All articles on the site presented for sale are reserved for individuals.
2.3 - The photographs and texts illustrating the articles are not legally binding and moreover do not fall within the scope of a contractual clause. Consequently, despite being placed on the site as accurately as possible, the photos and texts may nonetheless contain errors. In this case, MAISON FICHET SABATIER cannot be held liable.
Article 3: Ordering articles
3.1 - Orders are placed via the site at the following address: www.sabatier-1947.com
The articles proposed for sale are contingent upon availability. Should a product not be available, the customer shall be duly informed after placing the order by either email or correspondence. The order will only be validated once the customer has settled the total amount. MAISON FICHET SABATIER reserves the right to refuse certain orders that it considers invalid.
3.2 - Order validation:
Should the customer wish to purchase one or more articles, he/she will be required to select the corresponding model number or reference, enter the quantity and then click "My orders". The cart summarizes the customer's selection and provides the option to modify an order. To validate the selected products, the customer must click the "Order" button.
Once this step has been completed, the customer will identify himself/herself by either using a personal customer code or entering personal data in the field designated for this purpose. He/she will then choose the preferred means of payment, settle the order amount and validate the information appearing on the final order form. An order number will be assigned to the customer. MAISON FICHET SABATIER will archive the order record to serve as proof of the contractual relationship established between the two parties.
Article 4: Article prices
The prices indicated on the site are expressed in euros and include all applicable taxes (inclusive of French VAT). Any potential change in France's legal VAT rate will be reflected in the product prices presented on the site.
These prices do not include shipping and packing charges, as these are to be covered by the customer who will be duly notified of the specific amounts at the time the order is recorded.
The prices presented may be modified at any time by MAISON FICHET SABATIER.
Article 5: Payment and secure transactions
5.1 - Procedure for credit/debit card payment:
The customer has the option of settling purchases directly on the site. The order amount will only be debited once the order has been validated. Payment by credit/debit card is secured by an encryption system.
Consequently, MAISON FICHET SABATIER does not have access to the customer's card number, which is transmitted in complete confidentiality. Only national cards will be accepted by the secure payment system along with all Visa, Eurocard and Mastercard cards.
5.2 - Procedure when paying by check:
The customer may also send by correspondence a bank check made out to the order of MAISON FICHET SABATIER, accompanied by a photocopy of the customer's passport or ID, to the following address:
MAISON FICHET SABATIER, 63 avenue du Progrès - BP 11, 69682 CHASSIEU Cedex
The check will be cashed and deposited in the bank upon receipt.
For all means of payment, the total amount of purchases must be settled in full and at once on the day of the order. The orders will be validated and processed following payment acceptance by the appropriate banking centers (for payments by Carte Bleue, Visa, Eurocard and Mastercard credit/debit cards) or after receipt of the order settlement (for bank checks). In the event of payment dispute with a customer, MAISON FICHET SABATIER reserves the right to refuse the order.
Article 6: Delivery
6.1 - Means of shipping:
MAISON FICHET SABATIER reserves the right to select the appropriate means of shipping. Orders will be delivered in France by either Colissimo or another shipper.
6.2 - Product delivery will only be initiated once the total amount of the order has been cashed. Merchandise will be delivered at the physical address indicated by the customer at the time of placing the order. Consequently, the address details submitted by the customer are assumed to be accurate and shall not, in the event of a legal dispute, invoke MAISON FICHET SABATIER's liability. Should the customer not be home at the time of delivery, the shipper will leave a non-delivery notice at the indicated address.
6.3 - The average delivery period is 10 days. This figure is being provided solely for information purposes and does not constitute a firm commitment on our part.
6.4 - Delivery outside of Metropolitan France:
The shipping charges indicated when placing the order only apply to deliveries outside of Metropolitan France. Delivery rates outside of France will be calculated once the customer has specified the country where delivery is to take place.
6.5 - Product acceptance:
The customer is advised to verify the condition of products received prior to signing the delivery slip. Once this slip has been signed, MAISON FICHET SABATIER will consider that the customer has completed this verification.
Article 7: Right of refusal
By virtue of the provisions set forth in Articles L.121-20 and following of the French Consumer Code, the customer has a period of seven days to exercise a right of refusal without having to provide justification, beginning on the order delivery date. The customer will be responsible for return shipping costs as well. The merchandise, accompanied by the customer's bank details, must be returned via the Post Office in perfect condition and packed in its original packaging (including accessories and the user's guide) to the following address: 63 avenue du Progrès - BP 11, 69682 CHASSIEU Cedex.
Reimbursements will be carried out by crediting the customer's card within a period of __ days. Should a product be returned damaged, incomplete or marred, the item will not be exchanged or reimbursed.
Article 8: Compliance and product warranty
8.1 - In the event of product non-compliance, we request that the customer duly inform us by correspondence, accompanied by the specific articles, in new condition as well as in their original packaging, within 15 business days sent to the following address: 63 avenue du Progrès - BP 11, 69682 CHASSIEU Cedex.
8.2 - Guarantees
Should any of these obligations not be fulfilled by the buyer, the sale shall be cancelled in full without issuing any warning, in which case the articles must be returned to MAISON FICHET SABATIER within 48 hours.
Article 9: Property reserve and Cancellation clause
9.1 -All products ordered remain the property of MAISON FICHET SABATIER until the customer fulfills his/her required obligations, notably by payment in full of the purchase price. Once the property transfer has been completed, the risks of product loss, theft or deterioration are to be borne entirely by the customer.
9.2 - En cas de manquement, de la part de l'acheteur, à l'une de ses obligations, la vente sera résiliée de plein droit et sans sommation. Les articles devront être restitués à MAISON FICHET SABATIER sous un délai de 48 heures.
Article 10: Individual information
10.1- The customer expressly agrees to communicate to MAISON FICHET SABATIER his/her personal information for the purpose of facilitating processing of the order, delivery and customer relations.
In accordance with the Data Protection Act adopted on 6th January 1978, the customer is given the right to access and correct any personal information held. For any data complement or correction, you are simply required to send us the revised data by email at firstname.lastname@example.org or else by post to the following address: MAISON FICHET SABATIER, 63 avenue du Progrès - BP 11, 69682 CHASSIEU Cedex.
MAISON FICHET SABATIER agrees not to transmit your personal data to any third party.
Article 11: Intellectual property rights
The MAISON FICHET SABATIER site as well as its contents are protected by current legislation regarding copyrights and intellectual property. In accordance with the provisions stipulated in the Intellectual Property Code, MAISON FICHET SABATIER grants the customer a site use license, exclusively within the scope of personal use. Any reproduction, whether in part or in full, of the site or any of its components is strictly prohibited (photographs, texts, logos, acronyms, brands, drawings, etc.). The creation or use of hypertext links to one or more pages of the site or to any of its components is also prohibited.
Article 12: Force Majeure clause
In the event of failing to perform some or all of its obligations as the result of a case of force majeure or act of God, MAISON FICHET SABATIER shall not be held liable.
In accordance with the provisions set forth in Article 1148 of French Civil Code, the force majeure clause is applied in a context of unpredictability and irresistibility. The following are expressly considered as cases of force majeure:
- Strikes, especially: strikes affecting transportation, communication or postal services; regulatory restrictions; attacks, etc.
- Floods, fires, lightning, natural disasters, etc.
Article 13: Applicable law and the Clause assigning jurisdictional competence
The present general sales conditions are written in the French language and subject to French law. Should the parties enter into a dispute, the competent territorial court shall be the Lyon A Commercial Court - France.