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General sales terms
The present terms have been concluded between the Filotextile Company on the one hand, registered with the Trade and Company Register in Lille, n° 504 866 294 – Head office: 38 rue princesse 59000 Lille – France hereafter called "Filotextile" and on the other hand people wishing to make a purchase via the Filotextile web site: http://www.sebola.fr hereafter called "the customer".
These terms exclusively concern natural people and not traders. The parties agree that their relations will be exclusively governed by the present contract, to the exclusion of any term previously available on the web site. If a term is missing, it would be considered to be governed by the uses in force in the mail order sector where companies have their head office in France.
SUBJECT
The aim of the present terms is to define the sales modalities between Filotextile and the customer, from the order to services via payment and delivery.
They determine all the stages needed to place an order and ensure the follow-up of this order between the contracting parties.
THE ORDER
The customer can order on-line from the on-line catalogue. The order can only be registered on the web site if the customer has clearly identified his or herself by entering his or her customer code (or specific Filotextile web site identifier) and his or her password that are highly confidential.
Any order signifies acceptance of the prices and the description of the products on sale.
The Filotextile Company undertakes to honour orders received on the web site purely subject to product availability. If a product is not available Filotextile undertakes to inform the user.
DELIVERY
Deliveries are made via registered post or by express dispatch in France. For other countries, see the transport system offered when placing an order.
In France the lead time between the order and delivery is 5 to 10 days, not including any delivery fault committed by the freight carrier.
This lead time is applied to all available products. If a product is not immediately available, you will be informed directly when choosing the product.
In the event of a delivery delay following a problem with a product, we undertake to inform you by e-mail and to find a suitable solution (replacement or refund).
PAYMENT MODALITIES
Payments are made by the customer directly on BNP's secure web site. Advance payments are neither down payments nor deposits. In the event of an outstanding payment, 20 euros will automatically be added to the sum of the outstanding payment for management and collection fees. Furthermore Filotextile reserves the right to refuse any new order, any payment accompanying the refused order will be allocated to paying up to the limit of products already delivered. We do not accept postal money orders, postage stamps or cash.
Filotextile does not have access to the customer's payment information except to ensure that the payment has been made correctly.
Consequently, Filotextile at no time holds the customer's banking details (credit card number).
PRICES
The prices are shown in euros inclusive of tax. They include VAT applicable on the day the order is placed. These prices do not include a contribution to handling fees (carriage, packaging and preparing the parcels according to rates in effect). Any change to the applicable rate will be passed on to the price of products. After this date, they can be modified at any time. However the prices cannot be modified once the customer has placed his or her order, except for any price anomaly (see further down). Likewise, if one or several taxes notably environment tax had just been created or modified, up as well as down, this change could be passed on to the retail price of items on the FILOTEXTILE web site.
The prices shown on the web site are guaranteed as long as the products are on-line and while stocks last. Products remain the property of Filotextile until the price has been fully paid. Anomalies regarding one or several prices: Filotextile country rigorous attention to prices shown on the web site, however some prices can present unusual values that are invalid, negative or outside of the market following a computer incident, an act of malice, an incorrect computer takedown or any other reason of human or technical origin. In this case part of the Customer's order showing such prices will be cancelled with no right to appeal unless he or she accepts to pay the correct price or prices.
GUARANTEES
All items are subject to the legal guarantee provided for in articles 1641 of the civil code.
Article L211-4 consumption code
The vendor is obliged to deliver goods in accordance with the contract and respond to any conformity defects that occur during delivery.
Article L211-5 consumption code
To comply with the contract the goods must:
1º Be suitable for the customary use expected for a similar good and if necessary:
- correspond to the description given by the vendor and have the qualities that he or she presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can justifiably expect considering any public declarations made by the vendor, the manufacturer or its representative, notably in the advertising or the labelling;
2º Or present characteristics defined by a common agreement by the parties or be suitable for any special use sought after by the buyer, brought to the attention of the vendor and accepted by the latter.
Article L211-12 consumption code
The action resulting from the conformity defect is stipulated for two years from when the good was delivered.
SIGNATURE AND PROOF
Any Filotextile web site user who does not have a customer number will have to follow a registration procedure allowing him or her to obtain a customer number. This number is personal. If this number is lost or has been forgotten then the Filotextile services will need to be informed as soon as possible by contacting Filotextile's Customer Service by filling in the web site's contact form.
In any event, supplying a credit card number on-line and finally validating the order is proof of the entirety of the said order in accordance with clauses of the law dated the 13th March 2000 and requires paying the money incurred by keying in the items featuring on the order form.
This validation has the same significance as a signature and express acceptance of all transactions carried out on the web site. However, in the event of fraudulent use of the customer's credit card he or she is invited to contact Filotextile's customer service by calling 03 20 12 80 65
LIABILITY
The Filotextile Company has an obligation of result for all order taking stages as well as any stages after the contract has been concluded.
Therefore Filotextile undertakes to describe the products sold on the Filotextile web site as accurately as possible. On the other hand, Filotextile's liability is not binding in the event the non-performance of its obligations is attributable either to unpredictable and insurmountable actions by a third party to the contract or an act of God as defined by French case law. Likewise, Filotextile's liability cannot be binding for any disturbance or damage inherent to the use of the Internet network, notably a service breakdown, external interference or the presence of computer viruses.
PERSONAL DATA
Filotextile reserves the right to collect data on the user, notably by the use of cookies. This data collected by Filotextile, which is in charge of processing, is needed to take the user's requests into account. Through Filotextile you accept to receive commercial proposals from other companies or organisations by mail or to be kept informed of offers from Filotextile. In accordance with the law dated the 6th January 1978 the user has the right to access, rectify and oppose his or her data: * either directly on the internet in my customer space/I modify my personal details/Filotextile newsletter: tick I am no longer interested in the offers and no longer wish to receive them* or by mail by writing to Filotextile - Service Relation Clientèle – 99 rue Louis Constant, 59650 Villeneuve d’Ascq – France , giving your surname, first name, e-mail address and customer reference if possible. By providing Filotextile with an e-mail address the user will be able to receive an order confirmation. Depending on the choice issued during the creation or consultation of his or her account, it will be likely that the user will receive Filotextile offers as well as offers from other Group companies or commercial partners by e-mail, telephone or text message as indicated when creating the account. If he or she doesn't wish to, he or she can make a request at any time either directly on the web site in the "customer space" or by mail to the address shown above. The user is informed that automated information processing, notably the management of e-mail addresses, is the subject of a declaration to the National Commission for Data Protection and Liberties N° 1314142.
INTELLECTUAL PROPERTY
All elements of the Filotextile web site, whether images or sounds including subjacent technology, are protected by copyright, trade names or patents. They are the sole property of the Filotextile Company. The user with a personal web site who for personal use wishes to place a simple link on his or her web site sending the surfer directly to the Filotextile web site's homepage must request authorisation from the Filotextile Company.
In all events, any link, even tacitly authorised, will need to be removed on simple request from the Filotextile Company.
ENTIRE AGREEMENT
In the event one of the clauses of the present contract is null and void due to a change in legislation, regulations or a legal decision, this would on no account affect the validity and the respect for the present general terms of sale.
DURATION
The present terms are applied throughout the on-lining of services offered by the Filotextile Company.
PROOF
Computerised records, kept in the computer systems of the Filotextile Company and its partners in reasonable safety conditions, will be considered as proof of communication, orders and payments that occurred between the parties.
KEEPING AND ARCHIVING TRANSACTIONS
Order forms and invoices are archived on a reliable, lasting medium in such a way as to correspond to a loyal and lasting copy in accordance with article 1348 of the civil code.
APPLICABLE LAW AND COMPETENCY
All relations created on account of the connection and/or use of the present web site are subject to French law.
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