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Terms and conditions of use and sale

 

 

Preamble:
The WWW.FENEKIA.COM website, hereinafter referred to as the "Site" or the "Site", is an e-commerce site offering objects / services for sale to Internet users browsing the Site.

- The Purchaser (hereinafter referred to as the "Purchaser" or the "Buyer") is any person who visits one or more web pages of the Site, whether or not he or she has initiated a purchasing process on the Site.

- The Vendor (hereinafter referred to as the "Vendor" or the "Seller") is " FENEKIA ",

 

Company name: FENEKIA
SIRET N°: 907 703 516 R.C.S Nanterre
HEAD OFFICE: 39 Rue Gabriel Péri 92300 Levallois-Perret
TEL N°: 07 66 68 96 92 (do not call this number)
MAIL: fenekia.contact@gmail.com
VAT NOT APPLICABLE
Last modification date: 01/01/2022
Owner of the website content: FENEKIA

 

1 - Purpose and Scope
These terms and conditions of sale (hereinafter referred to as the "GTC") governing and apply without restriction or reservation to all relations between " FENEKIA " and any person who proceeds to purchase products / services implemented by " FENEKIA " on this site.

In these GTC, the terms product and/or services refer to the different product(s) and/or service(s) offered on this site.

The Buyer acknowledges having read and understood these terms and conditions prior to placing an order. In this respect, the fact that any person places an order for a product(s) and/or service(s) on the site covered by these terms and conditions implies full acceptance of these terms and conditions.

As the site is hosted by an external service provider, " FENEKIA " cannot be held responsible for any interruption in the site's service, the occurrence of bugs, or for any damage resulting from fraudulent intrusion by a third party that alters the information available on the site.

Prior to placing an order, the purchaser declares that he/she has full legal capacity to enter into commitments under these GTC.

The seller reserves the right to modify these GTC at any time, without retroactive effect for orders in progress. In this case, the applicable conditions will be those in force at the date of validation of the order by the Buyer.

 

2 - Ordering
A.How to order
You can place your orders on the Internet WWW.FENEKIA.COM

  1. General terms and conditions
    All orders placed using the ordering method identified above imply acceptance, without restriction or reservation, of the entirety of these General Terms and Conditions of Sale.

The Buyer wishing to purchase a product(s) or service(s) must :
- specify their method of payment and delivery,
- fill in the identification form with all the necessary contact details or give their customer number if they have one,
- fill in the online order form with all the references for the product(s) and/or service(s) chosen,
- confirm their order after checking it,
- confirm their order by double-clicking and payment,
- make payment as stipulated,

The sales contract will only be considered definitive once the seller has sent the buyer an e-mail acknowledging receipt of the order.

The order, confirmation of acceptance of the offer and acknowledgement of receipt are deemed to have been received when they are accessible to all.

 

3 - Characteristics of the goods and services offered
Each product is accompanied by a description; for some of them, marked DF, the Buyer may have access to the supplier's documentation.

The photographs in the catalog are as accurate as possible, but cannot guarantee perfect similarity with the product, particularly with regard to colors. Photographs, graphics and product descriptions may vary according to the browsers used.

The products and services offered for sale are those listed in the catalog published on the Vendor's website. These products and services are offered while stocks last.

 

4 - Prices
The prices shown in the catalog are in euros, all taxes included (€ VAT included), taking into account the VAT applicable on the day the order is placed.

The Vendor reserves the right to modify its sales prices at any time, it being understood however that the price guaranteed to the Buyer is the one present on the site on the day the order is confirmed.

Prices do not include shipping costs, which are invoiced in addition to the price of the product(s) and/or service(s) purchased.

Shipping costs will be indicated before the buyer confirms his/her order. These costs are also available on the home page of the site.

Please note that depending on the country from which the buyer places the order, there may be customs clearance charges imposed by the country of delivery.

 

5 - Geographical area of sale, delivery and retirement
Products are offered for sale in the following geographical territory: European Union countries, Monaco, Switzerland.

A right of withdrawal is hereby established, at the address defined in the preamble to the present document.

In the case of withdrawal from the store, this may be carried out by the Buyer or by any person duly authorized by the Buyer, by means of a declaration of mandate drawn up in the Buyer's original, together with any means enabling the identity of the Buyer and the duly authorized person to be certified.

The purchaser or his agent must take delivery of his order or collect it as soon as the seller informs him of its availability, within a period of days from the date of this information; failure to take delivery of the goods constitutes a breach of contract attributable to the purchaser.

In the case of the sale of goods and chattels, the sale will be rescinded by operation of law and without summons in favor of the seller, after expiry of the term agreed for withdrawal.

 

6 - Right of withdrawal - Right of return
A.Right of withdrawal
The non-professional purchaser, or the consumer, has a period of 7 clear days from receipt of the goods or acceptance of the offer for services, to exercise his right of withdrawal.

If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

Products must be returned in perfect condition for resale and in their original state (including packaging, accessories and any instructions).

Return shipping costs are at the seller's expense only in the event of a delivery error.

Contracts for which the right of withdrawal cannot be exercised:
- contracts for the supply of services whose performance has begun, with the consumer's agreement, before the end of the seven-day period,
- contracts for the supply of custom-made goods which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly (e.g. perishable foodstuffs), - contracts for the supply of audio or video recordings or computer software when opened by the consumer, - contracts for the supply of newspapers, periodicals or magazines: perishable foodstuffs),
- contract for the supply of audio or video recordings or computer software when they have been opened by the consumer,
- contract for the supply of newspapers, periodicals or magazines,
- contract for authorized betting or lottery services,
- contract for the supply of accommodation, transport, catering or leisure services to be provided on a specific date or at a specific time.

The right of withdrawal entails an obligation on the part of the Vendor to reimburse all sums paid by the Buyer, at the latest within thirty days of the date on which this right was exercised.

  1. Right of return
    In the event of a hidden defect, under the conditions defined by articles 1641 to 1648 of the French Civil Code, the buyer has the right to return the product under the conditions defined below.

In the event of a product defect, the purchaser benefits from a right of return within 12 months of delivery of the product, under the conditions defined below:

  1. How to exercise these rights
    Purchasers wishing to make use of these rights must contact the seller using the contact details given below in order to obtain a returns number, failing which they must return the products and/or inform the seller of their wish to make use of these rights by any means capable of giving a certain date (e.g. registered mail with acknowledgement of receipt).

Contact details:
Company name: FENEKIA
Registered office: 39 Rue Gabriel Péri 92300 Levallois-Perret
TEL: 07 66 68 96 92
MAIL : fenekia.contact@gmail.com

The purchaser must specify the circumstances in which the defect or spoilage appeared, as well as the parts of the product in question. The purchaser may request reimbursement of delivery costs.

 

7 - Method of payment
The buyer guarantees the seller that he has all the authorizations that may be necessary to use the method of payment that he has chosen when registering the order form.

The buyer may then pay for his order by:
1. Credit card on the seller's site: To ensure the security of credit card payments, these will be made via the PayPal secure system. These systems use the SSL (Secure Socket Layer) protocol for the transport of bank details. The information transmitted is therefore encrypted by software and cannot be read by any third party during transport over the network. The credit card used to pay for the order will be debited at the time the order is placed.
2. By cheque following an order placed on the site. The order will be processed once the buyer's bank has credited the payment to the seller's bank account.

Only cheques in euros and written in French will be accepted.

The buyer must make the cheque payable to the seller and write the order number on the back of the cheque. This cheque must be sent to the address indicated during the order process.

If a cheque is not received within 10 days of placing an order on the site, the current order will be cancelled.

The seller reserves the right to request a photocopy of the buyer's identity document.

  1. Cash on delivery. In this case, the purchaser will be charged the cash-on-delivery fee in effect at the time of shipment.
    4. When withdrawing from an order in-store, the purchaser may use the aforementioned payment methods, as well as cash, with the exception of cash on delivery.

At the Buyer's request, a paper invoice showing VAT will be sent.

 

8 - Delivery and performance times
A.Delivery - performance times
Whatever the price of the goods or services ordered by a consumer, the date of delivery of the product(s) or performance of the service(s), within a maximum period of 7 days, will be indicated in the e-mail received by the Vendor.

Delivery time is 48 hours or 24 hours (excluding weekends). Orders placed after 1pm will be dispatched the following day.

The Buyer may cancel the contract if the contractual delivery date is exceeded by 7 days. Cancellation must be made by registered letter with acknowledgement of receipt within a maximum period of 60 working days following the date on which the goods should have been delivered.

  1. Terms of delivery
    Deliveries are made to the address indicated by the purchaser when placing the order in the geographical areas specified in paragraph 5.

Delivery costs are those described by the seller in his shop window via the link: "Payment and delivery info".

The purchaser is obliged to check the condition of the packaging or parcel received and its contents on delivery, in the presence of the delivery person.

The risks are borne by the consignee from the moment the products have been delivered to the person designated as the consignee on the order and transport documents, or collected by the authorized person. The consignee must report any damage noted on delivery, in application of the principle of presumption of liability of the carrier, by issuing significant and complete written reservations.

The consignee's action against the carrier for damage to the goods must be taken within 3 days of delivery by sending a registered letter or bailiff's notice of the consignee's justified protest.

 

9 - Responsibilities
The seller is fully responsible to the buyer for the proper performance of the contract concluded at a distance, whether it is performed by the seller who signed the contract or by an intermediary.

However, if the seller proves that this poor performance is due to the buyer, to the unforeseeable and insurmountable intervention of a third party to the contract which has prevented or hindered its performance, or to a case of force majeure, he may be exonerated in whole or in part from this liability.

 

10 - Warranty
All products supplied by the seller benefit from the legal warranty provided by articles 1641 et seq. of the French Civil Code.

In the event of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it.

All claims, requests for exchange or refund must be made by post to the Seller's address within thirty days of delivery.

 

11 - Product availability
In the event of unavailability of the goods or services ordered, the Buyer will be informed of this unavailability and may choose to maintain his order or be reimbursed without delay and at the latest within thirty days of payment of the sums he has paid. Beyond this period, interest will be charged at the legal rate.

However, if the possibility has been foreseen prior to the conclusion of the contract or in the contract, the Seller may provide a good or service of equivalent quality and price. The Buyer will be informed of this possibility in a clear and comprehensible manner.

 

12 - Intellectual property
All elements of the Vendor's site are and remain the exclusive intellectual property of the Vendor.

No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio.

 

13 - Personal data
The information requested by the seller when the buyer places an order is necessary for the management of the order by the seller and its commercial partners. In accordance with the French Data Protection Act of 6 January 1978, personal data relating to purchasers may be processed automatically.

The Vendor reserves the right to collect information about purchasers, including by using cookies, and, if it so wishes, to pass on the information collected to commercial partners.

Users have the right to access and rectify data concerning them, in accordance with the law of January 6, 1978. This right of access, rectification and opposition to personal data can be exercised via this form.

 

14 - Archiving - Proof
The Vendor will archive order forms and invoices on a reliable and durable medium constituting a true copy, for a retention period of 10 years.

The Vendor's computerized registers will be considered by the parties as proof of electronic communications, digital orders from the Buyer, confirmation e-mails sent by the Vendor, general and special conditions of sale at the date of the order placed, payments and transactions between the parties.

 

15 - Dispute resolution
These online sales conditions are governed by French law. In the event of a dispute, the competent French courts shall have jurisdiction, notwithstanding multiple defendants or the introduction of third parties.

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