1. Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") apply, without restriction or reservation, between : - on the one hand, , a public limited company with capital of 1,000,000 euros, registered with the Paris Trade and Companies Register under number 312 381 114, having its registered office at 102 bis avenue du Président Kennedy (75016 Paris) (hereinafter: " ") - telephone: 01 55 74 74 10 and e-mail address: commerce@.fr, - on the other hand, any person, consumer, non-professional or professional, making a purchase, by placing an order, via the online sales website www.favexshop.com or any other sales platform (hereinafter: the "Customer" or "Customers"). Together hereinafter referred to as the "Parties". The General Terms and Conditions of Sale set out the terms and conditions for placing orders, payment and delivery of products or services ordered by Customers. They are supplemented by special conditions, constituted by the order form signed and/or validated by the Parties, under the conditions of article 2.5.4. is a distributor of home and garden furnishing, decoration and comfort products. The products distributed by under its own brand name or under the manufacturer's brand name are sold in France and Europe through a network of retailers (supermarkets, specialty stores, Internet sites, etc.). provides after-sales service (hereinafter referred to as "after-sales service"), under warranty and out-of-warranty, for the products it distributes, via a dedicated Internet site offering advice on use, access to assembly instructions and the sale of spare parts and consumables (www.favexshop.com) (hereinafter referred to as the "Product" or "Products"). sells spare parts for its products exclusively by mail order, either via the Internet (website or e-mail), or by telephone, fax or post. does not have an after-sales service store outside its website. The General Terms and Conditions of Sale are systematically communicated to all Customers prior to placing an order, and shall prevail, where applicable, over any other version or any other contradictory document, in particular over any general terms and conditions of the professional purchaser. They apply to all orders for Products offered by , whether placed via the Internet, by e-mail, by telephone, by fax or by post. The fact that does not avail itself at a given time of any of the stipulations of the GCS may not be interpreted as a waiver of its right to do so at a later date. The Customer declares that he/she has read and accepted the General Terms and Conditions of Sale before placing his/her order. Validation of the order by the Customer implies acceptance, without restriction or reservation, of the GCS. These GCS may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the Order Date. The last date of modification of the GCS appears at the bottom of these conditions. In the case of a professional customer, the stipulations of the GCS in application of the French Consumer Code are not applicable.
2. WEEE
The unique identifier FR001379_05CVON attesting to the company's registration in the register of producers of the EEE sector, in application of article L.541-10-13 of the French Environment Code, has been allocated by ADEME to the company (Siret n° 31238111400031). This identifier attests to the company's compliance with its obligation to register with the Register of Producers of Electrical and Electronic Equipment, and to declare to ecosystem that it has placed its products on the market.
3. Household packaging & graphic paper
The unique identifier FR213934_01ACOF attesting to registration in the register of companies subject to the principles of Extended Producer Responsibility (EPR), in application of article 62 of the law against circular waste (AGEC law) awarded by ADEME to the company (Siret n° 31238111400031). This identifier attests to the company's compliance with its obligation to register with the EPR register of producers of household packaging and graphic paper.
4. DEA
The unique identifier FR001379_10CYH2 attesting to its registration with the national register of marketers of the French Environment and Energy Management Agency (ADEM) and in compliance with regulations on the management of waste furnishing elements, in accordance with article R.543-254 of the Environmental Code and the Order of August 5, 2013.
5. ABJ
The unique identifier FR213934_14EOPX attesting to registration with the Articles de bricolage et de jardin (ABJ) sector within the meaning of article R.543-340 of the Environmental Code, to help reduce their environmental impact.
6. PMCB
The unique identifier FR213934_04FKKF attesting to the registration of PMCB waste in the Building category 2 (non-inert) in application of articles L. 541-10, L.541-10-1 I 4° and R. 543-288 et seq. of the French Environment Code (Arrêté du 10 juin 2022 et toutes ses modifications ultérieures, portant cahier des charges des éco-organismes, des systèmes individuels et des organismes coordonnateurs de la filière à responsabilité élargie du producteur des produits et matériaux de construction du secteur du bâtiment).
7. Order
7.1. Capacity to contract
All customers declare that they have the capacity to contract under the conditions set out below.
7.2. Acceptance of the GCS by the Customer
The GTC are available and can be downloaded directly from the website (www.favexshop.com). They can also be sent by e-mail, fax or post at the customer's request. By clicking on the box "I have read and accept the terms and conditions of sale" before registering an order, the customer acknowledges having read and expressly accepted the terms and conditions of sale, without restriction or reservation. Purchase by e-mail, telephone, fax or post also implies acceptance of the GTCS. With regard specifically to the obligation to pay, by clicking on the "order and pay" button, the Customer confirms that he/she understands that the service is subject to a charge.
7.3. Product characteristics
The main characteristics of the products sold by , as well as the delivery time and price, are mentioned on the website it operates (www.favexshop.com). It is the customer's responsibility to familiarize himself/herself with these before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented are not contractual and cannot be held responsible for them. The Customer must refer to the description of each product in order to know its properties and essential particularities.
7.4. Date of order and formation of contract
The date of the order is that (above and hereinafter: "Order Date") : - the date of validation of the order by the Customer in the case of payment by online credit card or Paypal; - the date of receipt of the cheque, transfer or acceptance of credit, in the case of payment by cheque, transfer or credit respectively. Any order placed, validated by the Customer and confirmed by under the conditions described in article 2.10, constitutes the formation of a distance contract between the Customer and . Once placed and confirmed by , the order cannot be modified by the Customer and cannot be cancelled by the latter, except in the event of the exercise of the right of withdrawal (article 4) or in the event of force majeure (article 5.4.1). Prices and terms of payment
7.4.1. Prices
Product prices and applicable taxes are those in force on the Order Date. They are expressed in euros, before and after tax. Unless otherwise stipulated, Product prices do not include any processing, shipping, transport and delivery charges, which are invoiced in addition, under conditions communicated to the Customer prior to the formation of the Contract. The total payment requested from the Customer corresponds to the total amount of the sale, including these charges.
7.4.2. Payment methods
The Customer is informed of the means of payment accepted prior to any order confirmation. Unless otherwise stipulated, the customer may pay for his order online at by credit card (Carte Bleue, Visa, Eurocard, Mastercard); by bank transfer (the details required for the transfer are provided on the www.favexshop.com website when the payment method is chosen, or may be provided to the customer for other order methods); by cheque made payable to SA; by using the PAYPAL services available on the website. If payment is made by cheque, it must be issued by a bank domiciled in mainland France. The customer guarantees that he/she has all the authorizations required to use the chosen method of payment.
7.4.3. Payment security
makes every effort to ensure the security and confidentiality of data transmitted online (online payment on the www.favexshop.com site). To this end, the www.favexshop.com site uses a secure SSL (Secure Socket Layer) payment method. The transaction is carried out via a reputable bank (CIC - Groupe CREDIT MUTUEL), which is the only one to have access to the banking information provided on the site at the time of payment.
7.4.4. Order form and invoice
The order form is drawn up online by the Customer, and the order confirmation is sent by e-mail to the Customer by . An electronic copy of each invoice is available in the online order tracking section of the Customer's account.
7.4.5. Payment date
In the case of payment by credit card, bank transfer or PAYPAL, in a single payment, the Customer's account is debited for the full amount of the purchases at the time of payment validation. In the case of payment by cheque, the cheque will be cashed immediately. Only the actual cashing will be considered as full payment.
7.4.6. Late payment
In the event of rejection by the bank of a credit card debit, a cheque or any other means of payment, the customer is informed that he must contact customer service in order to pay for his order, without delay, by any means of payment. In the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadlines, and after, where applicable, the payment date shown on the invoice sent to the Customer, late payment penalties calculated at a monthly rate of 15% of the amount of the purchase price including VAT, plus shipping costs, will be automatically acquired by , without any formality or prior formal notice. In addition, any delay in payment will automatically entail the application of a fixed indemnity of forty (40) euros, without prejudice to late payment penalties. Late payment will also result in the immediate payment of all sums owed by the Customer, without prejudice to any other action that may be entitled to take against the Customer in this respect. In addition, reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress placed by the Customer.
7.5. Delivery charges
Shipping costs are invoiced to the Customer either at a flat rate based on the amount of the shopping basket, or according to the weight of the package, the place of delivery and the carrier or mode of transport chosen. Shipping charges may be waived, from time to time, as part of promotional campaigns organized by . The customer will be informed of any such charges before the order is finalized.
7.6. Discounts and gifts
Only one individual discount (e.g. promotional code) is granted per order. When purchasing a Product in multiple quantities, the discount applies only to the first product, unless otherwise stated in the notice sent with the promotion or discount code. The same rules apply to gifts (a single gift or set of gifts per Customer). Gifts are offered with respect to the Product purchased. They are listed on the pages of the Products in question or in the personalized offer sent to the Customer. Discounts, promotion codes, gifts or vouchers are valid within the limit of the expiry dates mentioned either on the website, or in the letter or e-mail accompanying the description of the special offer, and within the limit of available stocks. When the customer is entitled to gifts, he/she must check that these are included on the order form. If not, please contact customer service. The customer is not entitled to any reduction or compensation if he refuses the gifts offered. Gifts are neither guaranteed, nor taken back, nor exchanged.
7.7. Information provided by the customer when ordering
The customer may place an order with via the Internet on the website, by whatever means, and must provide the information required to process the order satisfactorily. In all cases, the Customer must provide the following information, enabling identification and registration of the order: - the Customer identifies himself by communicating his Customer number, or by providing all the information required for on-line registration; - the Customer clearly indicates the Products selected with the references indicated on the website, including the options of colors, sizes, etc., as well as the name and address of the Customer. For Products with options, the Customer ensures that the precise references mention the options he/she intends to select; - the Customer indicates the quantities requested; - the Customer indicates the precise delivery address and any restrictions on access to the place of delivery under the conditions of article 3.1; - the Customer indicates the chosen delivery method; - finally, the Customer indicates the chosen method of payment. The Customer is responsible for the information entered on his/her Customer account and on his/her order, this information being essential for the proper processing of the order. In particular, the Customer is entirely responsible for the declared domicile and delivery address. cannot be held responsible for delivery delays or additional delivery costs. Any costs incurred by as a result of erroneous information provided by the Customer will be charged to the Customer, in particular the cost of re-shipping the order.
7.8. Product availability
Products available in stock at for rapid delivery are marked "Shipped within 24-48H". In the event of a stock error, the customer will be informed as soon as possible and will have the option of cancelling the order in the light of this new information, without incurring any cancellation penalty. The customer will not be entitled to any cancellation indemnity other than full reimbursement of the order.
7.9. Order confirmation
Before confirming an order, the purchaser has the opportunity to check the details of the order and its total price. It is the customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately. reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order. An e-mail is sent to the Customer to confirm the order. does not send order confirmations by post or fax.
8. Shipping, Transport, Delivery
8.1. Place of delivery
Parcels may only be delivered within mainland France, Corsica and Monaco, excluding French overseas departments and territories. The delivery address (which may be different from the billing address) must be exact and precise. The Customer must provide a cell phone number where he/she can be easily reached. It is the customer's responsibility to ensure that the location is accessible and to inform . If delivery cannot be made for reasons of accessibility, cannot be held responsible. An error in address, place of delivery, accessibility of the location, telephone number, or any other problem involving a new delivery may be invoiced at the actual cost of the new delivery, payment of which is a condition of the new delivery.
8.2. Retention of title clause
remains the owner of the Products delivered until full payment has been received from the Customer. The risk of loss or deterioration of the Products, as well as any damage they may cause, passes to the Customer when the latter takes physical possession of them. Products not paid for in full may not be resold or pledged by the Customer to . The Customer must store Products not yet paid for in full in such a way that they cannot be confused with others and remain identifiable in kind. The Customer undertakes to inform any person likely to be interested in them of the existence of this reservation of title clause.
8.3. Delivery times
Orders placed online at www.favexshop.com are collected every morning from Monday to Friday. For information purposes, the preparation of an order may take approximately two working days, including in particular its processing, preparation of the Products, packaging and invoicing before dispatch of the available Products, this period taking effect on the Order Date defined in article 2.4. In the event of partial unavailability of Products, may split shipments. The available Products will then be shipped first, with the balance of the order being shipped once the other Products are available, at no additional cost to the Customer. An e-mail is automatically sent to the Customer when the Products are dispatched.
8.4. Delivery times
informs Customers, by way of indication, of the delivery times indicated by the chosen carrier. Please note that delivery times do not include Sundays and public holidays. If the delivery date cannot be met, the customer will be informed of a new delivery date, based on the information available to . In this case, a cancellation proposal will also be made to the customer. If payment has already been recorded for certain payment methods, a refund offer will also be sent to the Customer with the cancellation proposal.
8.5. Delivery times
undertakes to use its best efforts to honour orders received, within the limits of its available stocks or those available from its suppliers, and within the time limit indicated when the order was placed, within the framework of an obligation of means and without its liability being incurred in this respect. In any event, in accordance with the provisions of article L. 216-1 of the French Consumer Code, delivery of the goods must take place no later than 30 days after the Order Date. If the Products have not been delivered after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the latter's written request, under the conditions set out in articles L.216-2, L.216-3 and L.241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
8.6. Delivery delays due to the carrier
In the event of late delivery in relation to the times announced by the carrier, the customer must inform in order to open a dispute or investigation file and search for the parcel. Packages may be lost by the carrier. The customer must declare the loss within 10 days of receiving the dispatch notice from . will make the necessary claims with the carrier concerned. If the package is not found, will redeliver the Product (subject to availability) or offer a refund to the Customer. Where delivery is made by an independent carrier, the Customer acknowledges that it is the carrier's responsibility to make the delivery, and has no recourse against in the event of failure to deliver the goods transported.
8.7. Order tracking
Customers can check the status of their order on the website at any time by consulting their account. This tracking enables the customer to know the status of his order, as well as the status of shipment or delivery of his parcels. Delivery tracking is carried out in interface with the carriers' Internet tracking systems. cannot therefore be held responsible for any unavailability or errors that may affect the information provided by its carriers. The customer may contact customer service at any time to be informed of the status of his order. suggests that the customer call 09 69 36 56 60 (price of a local call), this service is not surcharged.
8.8. Receipt
The Customer must check the condition of the parcel in the presence of the carrier and make any reservations on the delivery slip in the event of partial or total deterioration, with supporting documents (notably photos), or refuse to accept the parcel. The phrase "subject to unpacking" has no legal value and cannot be accepted as a valid reservation. In the absence of any reservation, the goods are deemed to have been accepted by the customer and cannot be contested. Once reservations have been made, the customer must inform customer service within 48 hours by e-mail, to enable to take the necessary steps to return the product to its warehouses or to make a new delivery. Failing this, declines all responsibility for any delay in taking charge of the product or in organizing a new delivery. Once this 48-hour period has elapsed and/or if the formalities for expressing reservations have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by .
8.9. Packaging
Products are packaged in accordance with current transport standards, and in such a way as to ensure optimum protection during delivery. The customer must respect these same standards when returning a product, whether as part of an after-sales service or a return for convenience. Any deterioration of a product noted on return, due to non-conforming packaging or wrapping, may only give rise to a partial refund, or even no refund at all, if resale in the same condition is impossible or if the technical problem is aggravated (cf. article 4.3 below).
9. Withdrawal
9.1. Right of withdrawal
The consumer customer has a period of 14 days to exercise his right of withdrawal from , without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement (article L.221-18 of the French Consumer Code). In the case of contracts for the sale of goods, the withdrawal period runs from receipt of the goods by the customer or a third party other than the carrier designated by the customer. In the case of off-premises contracts, the right of withdrawal may be exercised from the date of the order.
9.2. Scope of the right of withdrawal
Certain Products may not be subject to the right of withdrawal, in particular products made to specifications or clearly personalized, or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly (article L.221-28 of the French Consumer Code).
9.3. Exercising the right of withdrawal
Customers may exercise their right of withdrawal by sending the withdrawal form attached hereto (Appendix 2) or by writing to , by e-mail or registered letter with acknowledgement of receipt, the date of dispatch being taken as proof. Products damaged, broken or degraded by the Customer will not be taken back or reimbursed. In this respect, the Product must be returned in perfect condition for resale, packed (or repacked) in its original packaging in perfect condition, complete and showing no trace of shock, malfunction or obvious signs of use. Effects of withdrawal In the event of exercising the right of withdrawal, the Customer shall make the products, accompanied by the corresponding invoice, available to , at the latest within 14 days of communicating his decision to withdraw. Packaging must meet the conditions of articles 3.9 and 4.3. For bulky Products, after contacting customer service, may organize this return by appointment with the carrier designated by . will reimburse the customer within 14 days of being informed of the exercise of the right of withdrawal. Only the price of the product(s) purchased and the cost of delivery will be reimbursed; the cost of returning the product(s) will be borne by the Customer. In the event of partial retraction, no reimbursement of postage costs can be claimed, as these costs are fixed for the entire Order. Sending the form automatically gives rise to a returns number, which is essential to ensure traceability and security for the Customer. will then inform the Customer of the procedure to follow. reserves the right to refuse a return to its warehouses, if it has not been notified or does not follow the prior instructions. A return that does not comply with this procedure, and whose package(s) has (have) been lost in transit, will not be accepted by .
10. Responsibility and guarantees of
provides after-sales service, under warranty and out-of-warranty, for the products it distributes.
10.1. Contractual warranties
All spare parts and consumables sold on www.favexshop.com are guaranteed for one (1) year. The spare parts and consumables offered are only guaranteed for the exclusive use of products or distributed by it in compliance with the assembly and safety instructions set out in the manual accompanying the original product (also known as the Mother Product). may sometimes offer additional warranties. In such cases, a specific subscription is proposed to the Customer at the time of ordering. Customers wishing to exercise their warranty on a Product must first contact the sales department, which will inform them of the procedure to follow. The Customer must keep the purchase invoice made available by via the Customer account download. Warranty exclusions The following are not covered by the warranty: damage for which a third party is liable, or which is the result of intentional or reckless misconduct; maintenance costs and repairs to damage caused by poor maintenance, use or installation that does not comply with the manufacturer's instructions; labor for parts not covered by this contract; the contents of appliances (barbecue, plancha, etc.); replacement of wearing parts such as : gaskets or hoses, filters, castors, heating elements, spark plugs, batteries, pressure regulators, light bulbs, batteries or cells, catalytic plates, battery chargers; accessories such as power cables, rubber, glass or plastic parts, cuffs, burner caps, ignition piezo, control knobs and parts for presentation and aesthetics that do not interfere with the proper operation of the appliance; external parts: varnish, enamel, lacquer, paint; knocks, shocks, scratches, smoker's accidents or oxidation; connection or commissioning errors; machine upgrades not notified at the time of acceptance; damage caused by : malicious acts or causes external to the appliance (impact, fall, theft, virus, sabotage); smoker's accident; use of energy, use or installation that does not comply with the manufacturer's instructions; lightning, fire, water damage, climatic variations, power surges or any risks covered by comprehensive home insurance; misuse, error in handling; humidity causing corrosion or oxidation; damage resulting from the use of consumables that do not comply with the manufacturer's specifications; cosmetic damage that does not affect the proper operation of the device, unless said damage is the result of an event covered by the contract. Legal warranties Products and services supplied by are covered by law and without additional payment, in accordance with legal provisions (Warranty of Conformity / Warranty of Hidden Defects): - The legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use. Under the terms and conditions set out in the box below and defined in Appendix 1 to the GTCS: Under the legal warranty of conformity, the Customer : - has two years from the date of delivery of the goods to take action against ; - can choose between repair or replacement of the product delivered, subject to the provisions of articles L.217-9 and L.217-10 of the French Consumer Code; - does not have to prove the existence of a lack of conformity of the product delivered during the twenty-four months following delivery, except for second-hand goods, for which the period is extended to six months (article L.217-7 of the French Consumer Code). The legal warranty of conformity applies independently of any commercial warranty that may cover the product. The customer may decide to invoke the warranty against hidden product defects, in accordance with article 1641 of the French Civil Code; in this case, the customer may choose between rescission of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code. In order to assert his rights, the Customer must inform , in writing, of the non-conformity or hidden defects of the Products within the time limits specified in the box above. As soon as possible, will reimburse, replace or repair the Products or parts under warranty deemed to be non-conforming or defective. Reimbursement will be made by bank transfer to the Customer's bank account or by cheque. Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of supporting documents.
10.2. Liability
10.2.1. Force majeure
In the event of non-performance or delay in performance by a party of its obligations under the contract, it will not be deemed to be in default or liable to pay compensation if performance of the obligation has been rendered impossible by an event of force majeure, understood in the sense of article 1218 of the French Civil Code as an irresistible event that could not reasonably have been foreseen on the Order Date. In particular, the following are considered to be cases of force majeure: war, epidemics, internal strike, interruption of transport, shortage of raw materials or any serious accident stopping or reducing production [non-exhaustive list]. Force majeure may not be invoked to prevent or delay performance of an obligation to pay. The party in a position to invoke a case of force majeure must notify its co-contractor without delay and make its best efforts to find an alternative solution or in any case resume performance of the contract as soon as reasonably possible. The performance of the contract will be entirely suspended as soon as the case of force majeure occurs, if at least the obligation whose performance is prevented constitutes one of the significant obligations of the contract. If the suspension of the contract lasts for more than thirty (30) calendar days, the other party to the contract subject to the force majeure is entitled to terminate the Contract by giving notice to the other party by registered mail with acknowledgement of receipt.
10.2.2. Exclusion/limitation of liability
cannot be held liable in the following cases: - Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check; - In the event of misuse, abnormal use, use not in accordance with their intended purpose, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the product, accident or force majeure. The total or partial impossibility of using the products, notably due to incompatibility of equipment, cannot under any circumstances give rise to reimbursement or compensation. Sites linked directly or indirectly to are not under the control of . Consequently, the company is not responsible for the information published on these sites. Links to third-party sites are provided for information purposes only, and has no control over their content. 's warranty is, in any case, limited to the replacement or reimbursement of products that do not conform or are affected by a defect. Under no circumstances may it be held liable for indirect and/or immaterial damage, such as loss of income, loss of profit, loss of business, or any commercial disruption whatsoever. is also not liable to compensate for the damaging consequences of faults committed by the purchaser or third parties in connection with the execution of the contract. 's civil liability, for all causes except personal injury and gross negligence, is limited to a sum not exceeding the invoiced and cashed value of the equipment supplied.
10.2.3. Limitation period
With regard to professionals only, the limitation period for any action relating to the performance, validity, interpretation or termination of the sales contract is conventionally limited to one year, in accordance with article 2254 of the French Civil Code. In the case of consumer customers, the ordinary rules of prescription apply.
11. Data protection, intellectual property
11.1. Nominative and personal data
Pursuant to Law no. 78-17 of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, any personal data requested from the Customer is necessary for the processing of the Customer's order and, in particular, for the preparation of invoices. This data may be communicated to any partners of , in particular those responsible for the execution, processing, management and payment of orders or for promotional purposes. The processing of information communicated via the www.favexshop.com websites complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data. In accordance with current national and European regulations, customers have the right to permanent access, modification, rectification, opposition, portability and limitation of the processing of their personal data. This right may be exercised by writing, by post and providing proof of identity, to the address mentioned in article 1, or by e-mail to rgpd@.fr. informs its customers that the processing of this nominative and/or personal information has been declared to the CNIL under number 1894047.
11.2. Intellectual property rights
retains all industrial and intellectual property rights relating to the Products. In particular, remains the exclusive owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to supplying the Products to Customers and appearing in particular on its websites (www.favexshop.com). The Customer therefore refrains from reproducing or exploiting the said photographs, presentations, studies, drawings, models and prototypes, including the underlying technologies, without the express, written and prior authorization of , which may be subject to financial consideration. Any customer with an Internet site wishing to place on its site a simple link referring directly to the Internet sites operated by must request prior authorization. Any authorization given by does not constitute an implicit affiliation agreement, and will under no circumstances be given on a definitive basis. This link must be removed on simple request from . Hypertext links to websites using "framing" or "in-line linking" techniques are strictly prohibited. In this respect, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorized, subject to different, or even more restrictive, provisions of the French Intellectual Property Code. Any total or partial reproduction or representation of the websites or of all or part of the elements found on the websites is strictly forbidden.
12. Entire Conditions
A change in legislation, regulations or a court decision rendering one or more clauses of the GTC null and void shall not affect the validity of the GTC as a whole. Under no circumstances may such a change allow the Customer not to comply with these General Terms and Conditions of Sale. If a condition is not explicitly mentioned, it will be governed by the practices in force in the distance selling sector whose companies are registered in France.
13. Applicable law and settlement of disputes
13.1. Applicable law
By express agreement between the Parties, the GCS and the transactions arising therefrom are governed by and subject to French law. The GCS are drawn up in French. Should they be translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
13.2 Jurisdiction for professional customers
All disputes arising from the purchase and sale transactions concluded in application of the GTS with a professional Customer acting in the course of his business, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved amicably, will be submitted to the Commercial Court of Paris.
13.3 Mediation clause for consumer customers
The consumer customer is hereby informed that he/she may in any event have recourse free of charge to conventional mediation, in particular with the Commission de la Médiation de la Consommation (Article L.612-1 of the French Consumer Code) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The consumer customer must, however, prove that he/she has first attempted to resolve his/her dispute directly with by means of a written complaint sent by post or e-mail.
14. Pre-contractual information - Customer acceptance
Prior to placing an order, the Customer acknowledges having been informed, in a clear and comprehensible manner, of the General Terms and Conditions of Sale and of all the information listed in articles L.111-1 et seq. and L.221-5 of the French Consumer Code, and in particular of the following information: - The essential characteristics of the products offered by ; - The price of the products and ancillary costs (e.g. delivery); - Delivery times; - Information concerning the identity of , its postal, telephone and electronic contact details, and its activities; - Information concerning legal and, where applicable, contractual guarantees and the terms and conditions of their implementation; - The functionalities of digital content and, where applicable, its interoperability; - The possibility of recourse to conventional mediation in the event of a dispute.
15. 1 FOR 1 TRADE-IN
Think about reuse by reselling or donating your product. If your used product is still in working order, give it a second chance. If you can't find a buyer, you can drop off your product free of charge at a collection point near you. There are many collection points near you where you can drop off your product. Find it: - Electrical and electronic equipment (WEEE): https://www.ecosystem.eco/fr/recherche-point-de-collecte - Furnishing items (WEEE): https://ecomaison.com/acceder-a-nos-points-de-collecte-pres-de-chez-vous/ - DIY and garden items (DIY): https://ecomaison.com/acceder-a-nos-points-de-collecte-pres-de-chez-vous/ CONDITIONS FOR COLLECTION If your product weighs less than 20 kg and is less than or equal to a maximum of 2.5 m (length + width + height): IMPORTANT: the longest side must be less than or equal to 1 m. (Guide: https://www.dpd.com/fr/fr/expedier-des-colis/preparer-vos-expeditions/) You can drop off your product at one of the collection points organized by the eco-organizations nearest to you: https://www.ecosystem.eco/fr/recherche-point-de-collecte https://ecomaison.com/acceder-a-nos-points-de-collecte-pres-de-chez-vous/ We will take back your old product under certain conditions: - The product to be taken back must be equivalent to the new product purchased, both in nature and size (e.g.: an anti-mosquito device for an anti-mosquito device, with the same dimensions) - The take-back is based on the principle of one product purchased, one product taken back - The product weighs less than 20 kg and is less than or equal to less than 2m50 meters (length + width + height) - The product, originally for self-assembly, must be disassembled and must not endanger the health and safety of the carrier : o Product must be clean o Must not show any trace of rust o Must not show any sharp element (sharp wall, broken glass...) o Must be completely emptied (no liquid present) o Must not be connected to any power source. If the product has a battery, return it to a collection point before taking back the product: https://www.ecosystem.eco/fr/recherche-point-de-collecte The product must be packaged in its original packaging or in a cardboard box suitable for transporting the product, and must meet the above conditions. By delivery If your product weighs more than 20 kg: When your new product is delivered, we take back the old one under certain conditions: - The product to be taken back must be equivalent to the new product purchased, both in nature and dimensions (e.g.: a barbecue for a barbecue, with the same dimensions) - The take-back is based on the principle of one product purchased, one product taken back - The product is over 20 kg or over 2m50 (length + width + height) - The product, originally to be assembled yourself, must be disassembled and must not endanger the health and safety of the carrier: o Product must be clean o Must not show any trace of rust o Must not show any sharp element (sharp wall, broken glass...) o Must be completely emptied (no presence of liquid) o Must not be connected to any power source The product must be packed in its original packaging or in a cardboard box suitable for transporting the product and must meet the above conditions. The carrier will be entitled to refuse to take back your used product if it does not meet the conditions detailed above. Any request to take back a used product of the same type as the purchased product must be made within 24 hours of the purchase of the new product. No request for the return of a used product made before the conclusion of the purchase will be considered. All trade-in requests must be made by e-mail. In order to inform the seller of your wish to benefit from the 1-for-1 trade-in, you must take the following steps before purchasing your new product. Any request made too late after purchase or not following the procedures indicated below will not be processed. 1. Check the above-mentioned take-back conditions and ensure that your wish to have your used product taken back free of charge complies with these conditions 2. As soon as possible after your purchase, notify your wish to have your used product taken back free of charge directly to the address reprise1pour1@.fr - When making your trade-in request, specify to the seller : - your order number, - the type of product ordered, - the nature of the used product you wish to have taken back, which, as a reminder, must be a product similar to the product you purchased. - the mounted dimensions and weight of your old product, as well as a photo of it. We will get back to you within 24 to 48 working hours with information on how to deal with your request. Kuehne Nagel conditions. The return will not necessarily take place at the same time as the delivery date. It may be necessary to arrange a pick-up date other than the delivery date, so that the carrier can collect the goods from your door, gate or building. Please note that the carrier will send a pick-up confirmation with the reference number by e-mail (within 2 working days). Please note that product collection may take up to 10 working days. In extreme circumstances (e.g. lack of communication to schedule pick-up, increase in the number of pick-up requests), the pick-up time may be extended to 15 working days, unless otherwise agreed by the customer. Working days do not include weekends and public holidays. Version September 2023 © SA Appendix 1 CONFORMITY GUARANTEE - LEGAL GUARANTEE FOR HIDDEN FAULTS Article L.217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible 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 is his responsibility under the contract or was carried out under his responsibility. Article L.217-5 of the French Consumer Code: Goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable : - if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter. Article L.217-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods. Article L.217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention. 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 impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them. Article 1648, paragraph 1, of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
