GENERAL TERMS AND CONDITIONS OF SALE CHRISTOPHE FENWICK.COM
The general terms and conditions of sale of the Christophe Fenwick site referred to below (hereinafter the "General Terms and Conditions of Sale") must be carefully read and accepted prior to any order being placed on the www.christophefenwick.com site.
Any order placed on the christophefenwick.com site implies full and unreserved acceptance of the General Terms and Conditions of Sale. Christophe Fenwick may at any time update these General Conditions of Sale which apply to the exclusion of any other document.
Article 1: WEBSITE
1.1 The christophefenwick.com site (hereinafter the "Site") is an e-commerce site accessible via the Internet at the address www.christophefenwick.com and is open to all users of this network. It is published and distributed by Christophe Fenwick Diffusion, a limited liability company with capital of 10,000 euros, whose registered office is located at 12 rue Marcel Monge, 92150 Suresnes - France, registered in the Paris Trade and Companies Register under number 451 120 521.
1.2 The Site offers for sale a variety of Driving Accessories (hereinafter the "Product(s)") to Internet users browsing the Site (hereinafter the "User(s)"). For the purposes hereof, it is agreed that the User and Christophe Fenwick will be collectively referred to as the "Parties" and individually referred to as the "Party", and that the User having validated an order will then be referred to as the "Purchaser". The rights and obligations of the User necessarily apply to the Purchaser.
1.3 Christophe Fenwick reminds you that the Products are exclusively for the personal use of the Purchaser, without any direct connection with the latter's professional activity. Christophe Fenwick reserves the right to refuse to execute the order.
1.4 The Buyer declares that he/she has full legal capacity.
1.5 Any order for a Product offered on the Site implies consultation and express acceptance of the General Conditions of Sale by ticking the box provided for this purpose prior to any order.
As a reminder, in accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, taken for the application of Article 1316-4 of the Civil Code and relating to electronic signatures, Christophe Fenwick specifies that the validation of the order form as specified in Article 5.3 below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
1.6 The purpose of the General Terms and Conditions of Sale is to define the rights and obligations of the Parties arising from the online sale of Products offered on the Site from France.
Article 2: PRODUCTS
a) Description of the Products
2.1 The Products offered by Christophe Fenwick are those which appear on the Site on the day of its consultation by the User.
2.2 The Products are described and presented as accurately as possible. The photographs illustrating the products in support of the text are not part of the contract. In this respect, although Christophe Fenwick endeavours to represent the Products whose photographs are displayed on the Site as faithfully as possible, variations in colour may occur, in particular due to the technical limitations of the colour rendering of computer equipment. Christophe Fenwick cannot be held responsible for any errors or omissions on the Site.
2.3 During SALES or PROMOTION periods, products cannot be returned or exchanged. The offer cannot be combined with other promotions.
b) Product delivery times
2.3 Christophe Fenwick undertakes to fulfil orders received within an average period of 60 working days. This period may be longer when our workshops or suppliers are closed, particularly in August and December. If one or more raw materials are not available Christophe Fenwick undertakes to inform the User as soon as possible.
2.4 The delivery time of the Product may be notified to the User :
- when the order is entered, the average delivery time for the desired product will be indicated.
However, the Buyer may exercise his/her right of withdrawal within 14 days.
2.5 In the event that payment has already been made, Christophe Fenwick undertakes to reimburse the Purchaser for the price of the Product(s) within a maximum period of 15 days.
c) Retention of title
2.6 The Products ordered remain the property of Christophe Fenwick until full payment has been received.
Article 3: PRICES
3.1 The price of the Products is indicated in Euros, all taxes included, excluding shipping and packing costs, if any, on the date of the order.
3.2 The price invoiced to the Purchaser is the price indicated on the order confirmation sent by e-mail by Christophe Fenwick.
3.3 Christophe Fenwick reserves the right to modify its prices at any time and without prior notice. Products will be invoiced on the basis of the prices in force at the time the order is registered. The price in force is that indicated on the Site, unless there is a typographical error for which Christophe Fenwick cannot be held responsible.
3.4 The price is payable in full and in a single instalment on validation of the order.
3.5 Any unpaid invoices will give rise to the invoicing of a fixed charge of 30 euros per payment incident. The data recorded by the Site constitutes proof of the transactions between Christophe Fenwick and the Buyer. The data recorded by the payment system constitutes proof of the financial transactions. The sale becomes final after acceptance of the transaction by the secure services.
Article 4: PAYMENT
4.1 Payment on the Site may be made by PayPal, bank transfer, credit card or cheque (issued exclusively by a French bank). Payment for purchases on the Site can be made from France or abroad in complete security, 24 hours a day, 7 days a week.
4.2 The user will enter his/her card number, the expiry date of the card, the name of the cardholder and the visual cryptogram located on the back of the bank card.
4.3 Any order paid for by cheque (issued exclusively by a French bank) will only be considered as "validated" and taken into account once the cheque has been cashed by Christophe Fenwick.
4.4 Christophe Fenwick uses the 3D secure payment service.
4.5 Christophe Fenwick reserves the right to cancel any order which presents a risk of fraudulent use of a bank card.
4.3 Christophe Fenwick reserves the right to refuse to honour any order from a User with whom it has a dispute of any nature whatsoever.
Article 5: ORDERING
a) Browsing the Site
5.1 The User may browse the Site freely, without being obliged to place an order.
b) Placing an order
5.2 To place an order, the User must click on the "Collections" button. Each new addition to their "basket" will be indicated by the appearance of a specific notification.
5.3 At any time before validating the order, the User may :
- obtain a summary of the Products they have selected and modify their order by accessing their "basket",
- continue their selection of Products by clicking on "continue shopping",
- complete their selection of Products and confirm the purchase by clicking on "order".
5.4 To order the Products he has chosen, the User will click on the "order" icon and validate the purchase path proposed to him.
5.5 An order form will appear on the screen, summarising: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order.
5.6 The User must identify him/herself by accurately filling in the form provided for this purpose, on which he/she will include the information required for identification: first name, surname, e-mail address, password, delivery address and billing address if different.
c) Final validation of an order
5.8 Validation by the User of his/her order on the Site implies acceptance of the General Terms and Conditions of Sale.
5.9 The User will then be invited to pay for his/her order by selecting a means of payment.
d) Confirmation of an order
5.10 When the Buyer confirms payment for his/her order, a summary is displayed with the transaction number. This summary is also sent by an order confirmation e-mail.
5.11 A dispatch confirmation e-mail is sent to the Buyer on the day the Products are dispatched.
5.12 In application of Article L. 134-2 of the French Consumer Code, when an order is for an amount equal to or greater than 120 euros, Christophe Fenwick retains the written record of the contract concluded between Christophe Fenwick and the Buyer by electronic means for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years thereafter (in accordance with Decree 2005-137 of 16 February 2005).
Article 6: DELIVERY
a) Delivery terms and deadlines
6.1 The Products ordered are, at the Purchaser's choice, delivered to any address or collected by the Purchaser from the Warehouses of
CHRISTOPHE FENWICK C/O LOCKALL, 5 rue Marcel Monge, 92150 Suresnes - France.
6.2 Orders are sent by :
- Colissimo France - delivery within 48 hours (recorded delivery time), delivery against signature.
- Colissimo International - delivery D+3 to D+10 (recorded delivery time), delivery against signature.
6.3 In both cases, the Purchaser may check the status of his/her order on the Internet. Christophe Fenwick undertakes to use its best endeavours to ensure that the order is executed within twenty (20) working days from the day following that on which the order is validated, except in the case of force majeure as referred to in article 10. It is however specified that any order paid for by cheque will only be considered as "validated" and taken into account once the amount of the cheque has been cashed by Christophe Fenwick.
6.4 The Products ordered by the Buyer will be delivered to the address indicated by the latter on the order form or left at the post office on which the delivery address mentioned by the Buyer depends, in the event of the absence of the recipient of the Products. In the latter case, the postman will leave a notice in the letterbox of the aforementioned recipient allowing him to collect his parcel during the working hours of the post office, within a period of fifteen (15) days.
6.5 The delivery address must not be a post office box. The information provided by the Buyer when placing an order is binding. In the event of an error in the recipient's details, Christophe Fenwick may not be held responsible for the impossibility of delivering the Product.
6.6 Shipping costs are calculated on the basis of a fixed amount and the place of destination, in accordance with the scales in force by the postal services. Any re-shipment due to an incorrect delivery address or failure to collect with the Postal Services will give rise to the payment of additional costs, after acceptance by the Buyer. If the Buyer refuses to pay these additional re-shipment costs, the order will be cancelled and the price of the order will be refunded to the Buyer's account less the shipping costs incurred.
b) Delivery problems
6.7 In the event of a delay in delivery, the Purchaser must report this delay as soon as possible to the Christophe Fenwick Diffusion customer service department, by post, email or telephone to the contact details given in article 12.
In the event of a delay of more than 15 days in relation to the announced date and not justified by force majeure, the Purchaser may cancel his/her order by registered letter with acknowledgement of receipt and obtain full reimbursement of the sums paid within 15 days of receipt of his/her letter.
The Buyer may also choose to have another equivalent product delivered or to be allocated a credit note for a future purchase.
6.8 On receipt of the Products ordered, the Buyer must check that the Products conform to the order. Any anomaly concerning delivery (missing or damaged Product, damaged parcel, etc.) must be indicated by the Buyer on the receipt presented to him by the postal services when the parcel is delivered and must imperatively be notified in writing to Christophe Fenwick's customer service department.
c) Limitation of liability
6.9 The Products offered comply with current French legislation. Christophe Fenwick cannot be held responsible in the event of non-compliance with the legislation of the country where the Products are delivered. It is the responsibility of the Buyer to check with the local authorities the possibilities of importing or using the Products ordered.
Article 7: EXCHANGE/RETURN OF PRODUCT: RIGHT OF WITHDRAWAL
7.1 All items may be exchanged or refunded, with the exception of items that have been personalised at the Customer's request.
The Buyer may exercise this right within 14 (fourteen) clear days from the date of delivery of the product.
Prior to any product return or retraction, the Buyer must indicate his/her intention by :
E-mail: serviceclient@christophefenwick.com
The Purchaser must return the product to the following address:
CHRISTOPHE FENWICK C/O LOCKALL - 5 rue Marcel Monge - 92150 Suresnes - France
Reimbursement will be made within 15 (fifteen) days of receipt of the Purchaser's request to exercise the right of withdrawal, provided that the product has been returned beforehand.
The return of the product ordered will give rise to a refund.
Return costs will not be covered.
The Buyer may also choose an exchange or a credit note for a future purchase.
7.3 In order to exercise the right of withdrawal, the Product must be returned to Christophe Fenwick under the following conditions:
a) It must be in perfect condition (not damaged or soiled)
b) It must never have been used (not beyond the use exclusively intended to check the conformity of the product)
c) Be in its original packaging
d) Be accompanied by its invoice.
Article 9 DATA PROTECTION
9.1 The personal information collected in the context of distance selling is compulsory, as this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. Failure to provide this information will result in automatic rejection of the order.
9.2 The security protocol guarantees total confidentiality of information transmitted. Christophe Fenwick undertakes not to transmit or use any personal information of its Buyers (French law "informatique et libertés" N° 78-17) unless it is strictly related to its activity.
9.3 In accordance with the French Data Protection Act No. 78-017 of 6 January 1978, the User has the right to access, rectify and oppose any communication of personal information concerning him/her. To exercise this right, the User must make a request to Christophe Fenwick by e-mail or by post to the address given in article 12.
The processing of nominative information relating to Users is the subject of a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL): n°2157693.
Article 10: LIABILITY - FORCE MAJEURE
10.1 Christophe Fenwick has a simple obligation of means for all stages of access and ordering on the Site (ordering process, delivery, customer service, etc.).
10.2 Christophe Fenwick cannot be held responsible for any inconvenience or damage inherent in the use of the Internet network, a break in service, external intrusion or the presence of computer viruses or any event qualified as force majeure, in accordance with case law, including in particular a strike by the postal services, a shortage of raw materials at the manufacturer's as well as any other exceptional event.
Article 11: INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, are reserved under copyright and intellectual and artistic property law for the whole world. Any total or partial reproduction of the Site is strictly prohibited without prior agreement.
Article 12: CONTACT
By post to :
CHRISTOPHE FENWICK DIFFUSION, 12 rue Marcel Monge - 92150 Suresnes - France.
By e-mail to: contact@christophefenwick.com
Article 13: PARTIAL NON-VALIDITY
If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 14: COMPLETENESS OF THE CONTRACT
14.1 These General Terms and Conditions of Sale and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.
14.2 In the event of any contradiction between these documents, the General Terms and Conditions of Sale shall prevail.
Article 15: APPLICABLE LAW - JURISDICTION OF JURISDICTION
15.1 These General Terms and Conditions of Sale and the contractual relationship between the Parties are governed by French law.
15.2 The competent court in the event of a dispute shall be that of the location of the seller's registered office.