Terms and conditions of sale

 

ARTICLE 1 - ACCEPTANCE

The General Terms and Conditions of Sale may be modified or supplemented at any time, without prior notice.

The customer acknowledges having carefully read, at the time of placing the order, the special conditions of sale set out on this screen, and declares that he/she accepts them.

These general terms and conditions of sale govern the contractual relationship between the company and its Internet customers. They apply in particular to the conditions of order, payment, delivery and management of any returns or exchanges of products ordered by the customer.

These general terms and conditions of sale apply only to products ordered and paid for on the fartools.com website. They are applicable in metropolitan France. Only orders and deliveries concerning metropolitan France can be validated on this site. No special condition may, unless formally accepted in writing by us, prevail over our general conditions of sale. Any contrary condition imposed by the purchaser will therefore be unenforceable against us unless expressly accepted by us.

 

ARTICLE 2 - ORDERING

The Internet user can place an order via our website.

The order can only be registered on the said website after registration and the return of the registration validation. Internet users are invited to read carefully the e-mail they receive after requesting to open an account. This account allows access to the fartools.com website, to billing and delivery address information, and to the shopping cart.
This account will only be accessible if the user identifies himself by entering his email address and password, which are strictly personal and confidential and for which he is solely responsible.

When placing an order, the user will be redirected to a page summarizing the details of the products he has selected, their prices and delivery options (with the relevant delivery charges). They must then choose the delivery options that suit them best.An acknowledgement of receipt confirming that the order has been processed will then be automatically sent by e-mail.The company reserves the right to cancel any order placed by an Internet customer in the event of the customer's insolvency or failure to pay for the order in question, or in the event of a dispute relating to the payment of a previous order.

All information provided by the customer at the time of ordering is binding; the company cannot be held responsible for any consequences arising from errors in the details of the recipient or debtor of the order.

The order will not be registered until full payment has been received.

Any order implies acceptance of the prices and descriptions of the items available for sale at the time of the order.

The company undertakes to honour orders received on its websites within the limits of available stocks and delivery times. Orders are only binding on us once the remote payment has been validated by the bank and the order has been accepted by our company.

The content and amount debited from the order is that specified in the acceptance of this same order.

- Right of retention :

Delivered products remain the property of the company until their delivery by the carrier.

- Right of withdrawal:

In accordance with the provisions of article L.121-18 of the French Consumer Code, the customer has a period of 14 days from the date of delivery to return the product ordered, except for items that have been customized at the customer's request.

- How to exercise the right of withdrawal :

Once you have exercised your right of withdrawal, you must return the item in its original packaging, undamaged, with any accessories, your order number and the relevant delivery note, without undue delay (and no later than 14 days after exercising your right of withdrawal).

To exercise your right of withdrawal, simply send the company an email or letter to the address indicated on the site or on the invoice. The company must acknowledge receipt.

- Returns and exchanges :

All goods returned to the company must be returned within fourteen days of receipt. The consumer will be reimbursed for all sums paid, including delivery costs, within 14 days of receiving the goods at the latest.

 

Any return of goods will be made by a carrier of the customer's choice, but with the obligation of proof of delivery to our premises at the following address: 192 Avenue Yves FARGE 37700 SAINT PIERRE DES CORPS. Example: acknowledgement of receipt, or signature of our services, as proof that we have received the parcel. The cost of return transport is the responsibility of the customer.

The customer must also take out the necessary insurance to cover the value of the returned goods in the event of loss or damage.

 

ARTICLE 3 - AVAILABILITY

The company undertakes to honour orders within the limits of available stocks. We cannot be more precise about product availability than what is indicated on the website. In exceptional cases, a stock discrepancy may occur, rendering the product unavailable.

During order processing, we will inform you by e-mail as soon as possible if any of the products you have ordered prove to be unavailable, and we will not invoice you for these products. In the event of unavailability of a product, we will refund the customer, where applicable, the price corresponding to this product within a maximum period of 14 days.

 

ARTICLE 4 - PAYMENT

- General information

The price of items is payable in cash on the day the order is validated. We only accept payment by credit card. Orders will only be taken into account from the day payment is recorded in our account. In the event of refusal by one of our centers, the order will be automatically cancelled.

In any case, our services remain free to refuse a payment without having to justify the reason. The user's account will be debited at least 6 days prior to shipment of available items. In the case of sold-out or unavailable products, we will only debit the amount of goods actually shipped.

- Secure payment :

Online payment by credit card. The user has the choice of paying for purchases: online with the order by credit card (Carte Bleue, Visa, Eurocard, Mastercard, PAYPAL).

 

Bank details relating to the customer (credit card number and validity date) are directly and exclusively processed by our financial partner, CITELIS VADS du crédit mutuel ARKEA. Your data does not pass through the website and therefore only the bank has access to this information.

 

ARTICLE 5 - PRICES, INVOICES and GUARANTEES

- Prices :

All prices are inclusive of all French taxes (French VAT and other applicable taxes), they take into account the VAT applicable on the day of the order and the eco-contribution if the item is subject to it.

 

Items are supplied at the prices valid at the time of order validation.

Prices are net, including packaging, unless otherwise specified on the site.

All prices are subject to change without notice. The customer may, however, check the validity of the item price on the corresponding order confirmation (or quotation).

 

Despite our best efforts, a small number of products in our catalog may display a price or availability error. We will check the price when processing your order and before payment. If it appears that we have made an error in displaying the price, and that the actual price is higher than the price displayed on the website, we may contact the customer to ask if they wish to purchase the product at the actual price, or if they prefer to cancel their order. If the actual price is lower than the posted price, we will invoice the customer for the lower amount and ship the product.

When a price is updated on our site, it will also be updated in your selection.

We reserve the right to modify our prices at any time, but we undertake to apply the prices indicated on the site at the time of your order.

 

- GUARANTEES

The customer benefits from the provisions of the legal guarantee against non-conformity and hidden defects.

The main provisions of the legal warranty are :

• The consumer has 2 years in which to take action.
• A choice between repair or replacement.
• The existence of a 24-month period during which the lack of conformity is presumed to have existed at the time of delivery; this presumption exempts the consumer from having to provide proof of the prior existence of the defect.

The application of the legal warranty is independent of the conditions of the commercial warranty.

The consumer may also invoke the warranty for defects in the item sold, in application of article 1641 of the French Civil Code, and choose between rescission of the sale or a reduction in the purchase price.

Article L. 211-4 of the French Consumer Code: " The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L. 211-5 of the French Consumer Code: " To conform to the contract, the goods must :

1. Be fit for the use normally expected of similar goods and, where applicable :

• correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model ;
• have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

1. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

Article L. 211-12 of the French Consumer Code: " Action resulting from a lack of conformity is barred after two years from delivery of the goods."

Article 1641 of the French Civil Code: " The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which so diminish this use that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them".

Article 1648 paragraph 1e of the Civil Code: " The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."

Whatever the problem with an item, we recommend that you enclose the invoice with the defective item.

We also remind you that the legal warranty may not apply, or may apply only partially, in certain cases, such as :

• repair of damage resulting from a cause external to the device (e.g. accident, shock, lightning, current fluctuation, oxidation, presence of sand, etc.),
• customer fault resulting, for example, from use or installation that does not comply with the manufacturer's specifications,
• use detrimental to the good preservation of the device.

In addition to the legal warranty, some of our products are covered by a commercial warranty which may extend to a longer period, or by a simplified warranty. Products benefiting from these provisions are indicated on the site.

 

- Replacement of spare parts

The replacement of a spare part does not entail any loss of warranty if it is carried out by our after-sales service or by an authorized repairer. Any change of spare part made directly by the consumer will result in forfeiture of the warranty. This does not apply to wearing parts whose replacement is described in the instruction manual.

- Disputes :

In the event of a dispute between the professional and the consumer, the two parties will endeavor to find an amicable solution.

In the absence of an amicable agreement, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, i.e. the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional.

The consumer ombudsman must be contacted:

• Either by completing the appropriate form on the AME CONSO website: www.mediationconso-ame.com
• Or by post to AME CONSO, 11 place Dauphine - 75001 PARIS.

 

 

ARTICLE 6 - DELIVERY TIMES

Delivery is made either by handing over the article to the customer. Products are delivered to the delivery address indicated by the customer on the order form. For parcels weighing less than 30 kilograms, if the customer is absent, a notice will be left in the mailbox inviting the customer to contact the carrier to rearrange delivery at a later date, or to collect the parcel from the nearest post office.

- Receipt of goods :

Any parcel delivered by the carrier or collected by the customer must be in good condition and correctly closed. If necessary, the package must be checked by the receiving customer in the presence of the carrier. Any anomaly must be clearly noted on the carrier's delivery slip. If a dispute persists between the receiving customer and the delivery person, the parcel(s) must be refused by the customer.

We invite the consumer to use the carrier's delivery slip to indicate any damage noted, in the form of detailed, dated and explicit "handwritten reserves", accompanied by your signature.

Without prejudice to the measures to be taken with regard to the carrier, any complaints regarding apparent defects or the non-conformity of the item delivered in relation to the item ordered or the delivery slip, must be made by registered letter with acknowledgement of receipt to the company within 3 days of receipt of the order.

It is the customer's responsibility to justify any anomalies found. The customer must allow us to proceed with the observation of any defects to enable us to remedy them.

- Delivery charges and delivery times :

Delivery charges are calculated according to the weight and volume of the products ordered, as indicated on the order confirmation. Deliveries are made within 2 to 5 working days after leaving the warehouse.

- Delivery delays :

Delivery times are given as an indication only and may not give rise, on the part of the purchaser, either to cancellation of the order or to a claim for damages against the company in the event of delay due to force majeure. The same applies if the delay is less than 30 days.

In any event, on-time delivery can only be made if the purchaser is up to date with his obligations to us, whatever the cause of any default.

War, riot, fire, strikes, accidents and the impossibility of being supplied, or any other cause beyond the seller's control, shall be considered as cases of force majeure discharging the company from its obligation to deliver.

 

ARTICLE 7 - RETENTION OF TITLE

- Retention of title clause:

The company reserves ownership of the items delivered until full payment of the invoice.

 

- Retention of title - Claims :

In the event of non-payment by the customer, we may, without losing any of our rights, demand by registered letter with acknowledgement of receipt the return of the goods at the buyer's expense and risk. We may unilaterally and immediately draw up an inventory of unpaid goods held by the customer, who shall bear the costs of the legal department as well as any legal and judicial costs.

 

 

ARTICLE 8 - LIABILITY & COMMITMENTS

- Commitments:

In all cases, the on-line provision of the credit card number and the final acceptance of the order shall constitute proof of the completeness of the said order in accordance with the provisions of the law of March 13, 2000, and shall constitute payment of the sums involved by the seizure of the items appearing on the order confirmation. This confirmation constitutes signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of the customer's bank card, the customer is invited, as soon as this use is noted, to contact the card service on which he depends.

- Liability :

The company makes every effort to describe the items sold on its website as accurately as possible.

However, the company may not be held liable in the event of non-performance of its obligations due either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French case law. Likewise, the company cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, notably a break in service, external intrusion or the presence of computer viruses.
We undertake to take all the care customary in the profession to implement the service offered to the customer. Nevertheless, we cannot be held liable for any delay or failure to meet our contractual obligations if the delay or failure is due to a cause beyond our control, such as an act of God or force majeure as defined by applicable law.

We use our best endeavors to provide the services described in these General Terms and Conditions of Sale. We are liable for any direct and foreseeable damage at the time of use of the website or the conclusion of the sales contract between us and the customer. In the context of our relations with professionals, we shall not be liable for loss of profits, commercial loss, loss of data or loss of earnings or any other indirect damage or damage which was not foreseeable at the time of use of the website or the conclusion of the sales contract between us and the customer.

 

ARTICLE 9 - APPLICABLE LAW & JURISDICTION

- Jurisdiction clause/applicable law :

The consumer may bring the matter either before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where he resided at the time the contract was concluded or at the time the harmful event occurred.

- Entirety :

Should any of the clauses of the present contract be null and void due to a change in legislation, regulations or by a court decision, this shall in no way affect the validity of and compliance with the present general terms and conditions of sale.

- Duration:

The present conditions apply for the entire duration of the online services offered by the company.

- Proof:

Computerized registers, kept in the company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

 

ARTICLE 10 - PRIVACY - PERSONAL DATA

- Processing of personal data:

The personal information collected for the purposes of distance selling is mandatory, as this information is essential for the processing and routing of orders and invoices. In accordance with the French Data Protection Act, the processing of personal data relating to the company's customers has been declared to the Commission Nationale de l'Informatique et des Libertés - CNIL: N° 1804114.

Right of access, modification, rectification and deletion: The customer has a right of access, modification, rectification and deletion of data concerning him/her (article 34 of the law of January 6, 1978), which he/she may exercise by writing to FAR GROUP EUROPE at 192, avenue Yves FARGE 37700 SAINT PIERRE DES CORPS.

 

The customer service department undertakes to respond as quickly as possible to all your requests.

 

ARTICLE 11 - MINORS

We do not sell products to minors.

If you are under 18, you may only use the commercial part of the website under the supervision of a parent or guardian.

 

ARTICLE 12 - IDENTIFICATION

Our contact information is as follows:

FAR GROUP EUROPE

Share capital: 123 000 €
SIREN number: 380590281

192 Avenue Yves FARGE
37700 Saint Pierre des corps
FRANCE

email: fargroup@fargroup.net
Tel: 02 347 46 56 56
Fax: 02 47 46 56 50

 

Identifiants uniques

Eco-systemes: FR001378_05IZEN
Eco Mobilier: FR001378_10QOSL
Citeo Papiers: FR211437_03VENT
Citéo Emballages: FR211437_01QLGX
Screlec: FR001378_06QVS