General terms and conditions of sale
General Terms and Conditions of Sale (GTC) for orders on the site www.byfoutas.com
We would like to present to you our General Terms and Conditions of Sale, on which all the services we provide on Byfoutas.com are based. On www.byfoutas.com we offer you a personalized shopping and service that meets your specific interests and needs. At www.byfoutas.com, we sell BY FOUTAS PARIS items and BY FOUTAS PARIS partner items. Partner items BY FOUTAS PARIS are items for which the name of a partner is indicated on the www.byfoutas.com website.
- SCOPE OF APPLICATION
1.1 The present General Conditions of Sale apply to all orders placed by consumers on www.byfoutas.com.
1.2 You acknowledge that you have read, prior to sending your order, these Terms and Conditions of Sale and have been provided with all the information listed in Article L.221-5 of the Consumer Code in a legible and understandable manner. The validation of your order implies acceptance without reservation of these General Conditions of Sale.
- CONCLUSION OF THE CONTRACT AND DELIVERIES
2.1 On the site www.byfoutas.comthe contracts are exclusively concluded in French language. In the event of orders of articles BY FOUTAS PARIS, your cocontracting party is BY FOUTAS PARIS, 62 rue Louis Blanc 69006. In the event of order of articles Partner BY FOUTAS PARIS, your cocontracting parties are BY FOUTAS PARIS as well as the Partner BY FOUTAS PARIS, whose co-ordinates are indicated on the detailed page of the chosen product.
2.2 The essential characteristics and the price of our products are indicated on the pages containing the detailed description of the products of the online store. By clicking on the "Confirm Order" button, you can confirm your order, which then becomes final, and a sales contract is thus concluded. We will confirm the receipt of your order by e-mail. Please note that the delivery of the ordered products is made against advance payment (reservation) in the case of payment by bank transfer. Therefore, we ask you to pay the purchase price without delay and at the latest within 7 days after receiving our order confirmation.
2.3 We reserve the right to assign the claim from your purchase to third parties. In such a case, you agree to make the payment directly to the third party upon notification by us and to cooperate with the third party in collecting the purchase price.
2.4 If you select on the "Summary of your order" page the offsetting of the CO2 footprint of your order, this is an integral part of the contract for your order. Before the conclusion of the contract, we will inform you of the amount of the contribution on the "Order Summary" page.
2.5 We will deliver the goods within the period indicated in the order summary. In the case of express delivery, the delivery time is different (see point 3.3). The delivery time starts as soon as we receive your payment. If we are prevented from making the delivery by an event of force majeure or a fortuitous event, the delivery period is extended according to the duration of the impediment.
2.6 We would like to point out that we are exempt from delivering the ordered goods if we ourselves have duly placed an order for the goods but have not been supplied by our suppliers in good time. The exemption from delivery also requires that we are not responsible for the unavailability of the goods, that we have not expressly agreed to bear the supply risk and that we have informed you of the unavailability of the goods without delay. If the above conditions are met, the order will be cancelled and we will reimburse you for the sums you have already paid.
2.7 Our obligation to deliver is limited to the goods that we have in stock or that we have ordered from our suppliers. In case of delivery of Partner articles BY FOUTAS PARIS, the stock of goods of the Partner BY FOUTAS PARIS must be taken into account in addition to our own stock. We deliver exclusively worldwide.
- PRICES, SHIPPING COSTS AND EXPRESS DELIVERY
3.1 The products are invoiced on the basis of the prices indicated in the offer at the time of the order. The prices indicated are the final prices, including all taxes at the legal rate in force. The goods shall remain our property until full payment of the purchase price. In the event of sale of articles Partner BY FOUTAS PARIS the goods remain the property of the Partner BY FOUTAS PARIS until the integral payment of the selling price.
3.2 The prices of the products displayed on www.byfoutas.com do not include delivery costs. Indeed, depending on the amount of your order or the delivery method you have selected, you may be charged delivery costs (see 3.3 and 3.4).
3.3 BY FOUTAS PARIS offers the expenses of delivery starting from 39 euros of purchase, except expenses of express delivery. Below 39 euros of purchase, the expenses of delivery will be invoiced. These additional costs will be specified during the payment process and will be added to the total amount to pay.
3.4 Once the delivery has been made, you are obliged to check it immediately for completeness and damage. Any complaints must be addressed immediately to the transport company. You must also ensure that the goods delivered correspond to your order. If the goods do not conform to the order, you must inform our customer service department by e-mail at [email protected].
3.5 After delivery, you are obliged to check immediately whether the goods are complete and whether they are damaged. Any complaints must be addressed to the transport company without delay. You must also ensure that the goods delivered correspond to your order. If the goods do not correspond to the order, you must inform our customer service by e-mail at contact @byfoutas.com.
- PAYMENT
4.1 We accept the following payment methods: SEPA transfer, credit card, Apple Pay, and PayPal secure payment system. However, depending on the order, we reserve the right not to offer certain payment methods or to offer other methods. All fees related to your payment are at your charge.
4.2 In case of purchase by credit card, your account will be debited on the day of shipment of your order.
4.3 You agree to receive invoices and credit notes only in electronic form.
4.4 Payment in installments with Alma.
If you pay your order in several instalments, you accept the general customer conditions of Alma. as well as the special Alma conditions for the customers of BY FOUTAS PARIS.
- USE OF COUPONS
5.1 Vouchers are only given out free of charge in the context of promotional activities. They have an expiration date, cannot be purchased and are not transferable.
5.2 The discount coupons are valid only during the period indicated and can be used only once for a single order. Certain products may be excluded from the discount coupons. A discount coupon cannot be used for the purchase of gift certificates. A minimum purchase amount may be specified for each coupon.
5.3 In order to use a coupon, the value of the order must be at least equal to the amount of the discount. The difference between the amount of the coupon and the price of your order can be paid by any means of payment offered. The voucher is non-refundable and does not bear interest. In case of total or partial return of the goods, the part of the price paid by voucher will not be refunded.
5.4 To apply a coupon to an order, you must enter the coupon code before the order is shipped. The application of coupons to orders that have already been sent is excluded. Unless otherwise stated, it is not possible to combine several coupons.
5.5 If you have used a coupon with your purchase, we reserve the right to charge you for the undiscounted price of the goods if, due to a partial withdrawal, the total amount of the remaining order is less than or equal to the value of the coupon.
- LEGAL RIGHT OF WITHDRAWAL WHEN PURCHASING AN ITEM BY FOUTAS PARIS
At the time of the purchase of articles BY FOUTAS PARIS you profit from a legal right of retractation.
Please note that for all returns, you can use the return label that is included with your order or that you can edit from your customer account. If you do not have a printer, or have difficulty downloading the return label or need a new label, you can contact our customer service department, whose contact details are listed below. In order to avoid unnecessary costs, please do not return the goods without the return label.
6.1 Information on the right of withdrawal :
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods or of the last goods in the case of partial delivery.
To exercise the right of withdrawal, you must notify us by means of a clear statement (e.g. letter sent by post, fax or e-mail). This notification must be sent to BY FOUTAS PARIS, 62 rue Louis Blanc, 69006, Lyon or by e-mail : [email protected]. You can also use the withdrawal form below, but this is not compulsory.
You can also fill out and submit the withdrawal form or another clear withdrawal statement in electronic form via our contact form on our website.
If you make use of your right of withdrawal, we will immediately send you an acknowledgement of receipt of your declaration (e.g. by e-mail).
To respect the withdrawal period
(i) you must send us your declaration of withdrawal before the expiry of this period;
(ii) the products must not have been used, opened or damaged;
(iii) Products must be returned intact and unused in their original packaging. If applicable, the packaging must retain the original seal.
6.2 Exception to the right of withdrawal
In accordance with Article L. 221-28 paragraph 5 of the Consumer Code, the legal right of withdrawal is excluded in the case of sealed items that have been opened after delivery and that cannot be returned for health or hygiene reasons.
6.3 Effects of withdrawal
In the event of a valid withdrawal, we will refund all payments received from you, including delivery charges (except for express delivery charges) without delay and at the latest within fourteen (14) days from the day we become aware of your declaration of withdrawal. We will make the refund using the same payment method you used, unless we expressly agree on a different payment method. The refund is free of charge to you. We reserve the right to defer the refund until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first.
You must return the goods to us without delay and, in any case, at the latest within fourteen days from the day on which you communicate your declaration of withdrawal to us.
This period is respected if you send the goods before the expiration of the period. We take care of the return costs if you use the return label provided for a return within the French territory. In all other cases, the return costs are at your expense.
You shall bear the loss of value of the returned goods if such loss of value is due to handling other than that necessary to ascertain the nature, characteristics and proper functioning of the goods.
6.4 Sample withdrawal form
(If you wish to withdraw from this contract, please complete this form and return it to us) at BY FOUTAS PARIS, 62 rue Louis Blanc, 69006, Lyon or by email : [email protected].
I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the sale of the goods (*)/ below
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
(*) Delete as appropriate
I certify that I have been informed (i) of my right to cancel the contract for the sale of the goods identified above within fourteen (14) calendar days of receipt of the said goods by myself or by a third party that I have designated, other than the carrier, (ii) that if the goods concerned are returned to France using the return label, BY FOUTAS PARIS will pay for the return shipping costs, otherwise, the return shipping costs will be at my expense, (iii) that the good must be returned intact, unused and in its original packaging and (iv) that it is impossible to exercise my right of withdrawal on a sealed good that cannot be returned for reasons of health or hygiene protection once it has been opened after receipt.
Date:
Signature(s) of consumer(s):
End of the information on the right of withdrawal
- LEGAL RIGHT OF WITHDRAWAL WHEN PURCHASING A PARTNER ITEM BY FOUTAS PARIS
You benefit from a legal right of withdrawal at the time of the purchase of articles Partner BY FOUTAS PARIS.
Please note that for all returns, you can use the return label that is included with your order or that you can edit from your customer account. If you do not have a printer, or have difficulty downloading the return label or need a new label, you can contact our customer service department, whose contact details are listed below. In order to avoid unnecessary costs, please do not return the goods without the return label.
7.1 Information on the right of withdrawal :
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods or of the last goods in the case of partial delivery.
To exercise the right of withdrawal, you must notify your decision to withdraw from this contract, to BY FOUTAS PARIS, 62 rue Louis Blanc, 69006, Lyon or by email : [email protected] or to the Partner BY FOUTAS PARIS concerned, by means of a clear statement (e.g. letter sent by post, fax or e-mail). You may, but are not obliged to, use the withdrawal form below. To comply with the withdrawal period :
(i) you must send us your declaration of withdrawal before the expiry of this period;
(ii) the products must not have been used, opened or damaged;
(iii) Products must be returned intact and unused in their original packaging. If applicable, the packaging must retain the original seal.
7.2 Exception to the right of withdrawal
In accordance with Article L. 221-28 paragraph 5 of the Consumer Code, the legal right of withdrawal is excluded in the case of sealed items that have been opened after delivery and that cannot be returned for health or hygiene reasons.
7.3 Effects of withdrawal
In the event of a valid withdrawal, we will refund all payments received from you, including delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than standard delivery) without delay and at the latest within fourteen days from the day on which we become aware of your declaration of withdrawal. We will make the refund using the same payment method you used, unless we expressly agree on a different payment method. The refund is free of charge to you. We reserve the right to defer the refund until we or the Partner BY FOUTAS PARIS has/have received the goods or until you have provided proof of shipment of the goods, whichever comes first.
You will have to return or restitute the goods, to us or to the Partner BY FOUTAS PARIS, without delay and, in any case, at the latest within fourteen days as from the day when you will have communicated us your declaration of retraction.
A link to the page containing information on the identity of the Partner BY FOUTAS PARIS concerned and its contact details appears on each product page concerned. You will also find this contact information in the information on the right of withdrawal that we attach as a PDF document to our order confirmations.
This period is respected if you send the goods before the expiration of the period. We take care of the return costs if you use the return label provided for a return within the French territory. In all other cases, the return costs are at your expense.
You shall bear the loss of value of the returned goods if such loss of value is due to handling other than that necessary to ascertain the nature, characteristics and proper functioning of the goods.
7.4 Sample withdrawal form
(If you wish to withdraw from this contract, please complete this form and return it to us) at BY FOUTAS PARIS, 62 rue Louis Blanc, 69006, Lyon or by email : [email protected] or the respective partner.
I/We (*) hereby give notice of my/our (*) withdrawal from the contract for the sale of the goods (*)/ below
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
(*) Delete as appropriate
I certify that I have been informed (i) of my right to cancel the contract for the sale of the goods identified above within fourteen (14) calendar days of receipt of the said goods by myself or by a third party that I have designated, other than the carrier, (ii) that if the goods concerned are returned to France using the return label, BY FOUTAS PARIS will pay for the return shipping costs, otherwise, the return shipping costs will be at my expense, (iii) that the good must be returned intact, unused and in its original packaging and (iv) that it is impossible to exercise my right of withdrawal on a sealed good that cannot be returned for reasons of health or hygiene protection once it has been opened after receipt.
Date:
Signature(s) of consumer(s):
End of the information on the right of withdrawal
- Reimbursement
Any refund from us will be made to the account you used to make the payment. If you paid by bank transfer, the amount will be refunded to the account from which the transfer was made. If you paid by PayPal or credit card, the amount will be refunded to the bank account linked to that payment method. If you paid by gift certificate, we will credit your account with the corresponding amount.
9. Moderation of opinions
In accordance with the provisions of article 6, I, 7° of the law n° 2004-575 of June 21, 2004 for confidence in the digital economy, BY FOUTAS PARIS is not subject to a general obligation to monitor the comments posted on the platform BY FOUTAS PARIS.
Nevertheless, BY FOUTAS PARIS carries out a moderation of the opinions published on the platform BY FOUTAS PARIS in order to ensure their legality and their probity.
To do this, BY FOUTAS PARIS proceeds to the moderation of the said notices (i) before their publication ; (ii) then, if they have been published, when they have been reported by a user.
In this context, BY FOUTAS PARIS reserves the right not to publish notices and/or to delete them at any time if these comments (i) infringe the applicable legal and regulatory provisions, and in particular, constitute manifestly illicit content (e.g. offensive, denigrating, violent, racist, counterfeiting) ; (ii) do not concern a purchasing experience on the platform (ii) do not concern a purchasing experience on the BY FOUTAS PARIS platform; (iii) infringe on a person's privacy; (iv) are not comprehensible; (v) incite the purchase of products from a competitor's website; (vi) have been inserted via an automatic process; (vii) relates to a complaint that has been handled by BY FOUTAS PARIS customer service; (viii) is likely to engage BY FOUTAS PARIS' liability in any way; (ix) refers to another website and/or contains a hyperlink to another website; or (x) is considered by BY FOUTAS PARIS to be inappropriate.
10. CUSTOMER SERVICE
If you have any questions, please consult the customer service section of our website.
11. LEGAL WARRANTY AND OTHER INFORMATION
11.1 Only persons who are at least 18 years of age may make use of the offers available on www.Byfoutas.com.
11.2 Each customer is entitled to have only one account at any one time at BY FOUTAS PARIS. We reserve the right to delete multiple registrations.
11.3 Sales made through the www.byfoutas.comsont website are subject to the legal guarantee of conformity stipulated in articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and to the legal guarantee against hidden defects stipulated in articles 1641 et seq. of the French Civil Code. You can exercise these warranties by sending your request to BY FOUTAS PARIS, 62 rue Louis Blanc, 69006, Lyon or by e-mail : [email protected].
11.4 You can view these GTC on the website www.byfoutas.com. You can also print or save this document using the usual function of your Internet browser (usually "file" to "Save as"). You can also download and save this document in PDF format by clicking here. Adobe Reader (available free of charge at www.adobe.fr) or another PDF-compatible program is required to read the PDF file.
11.5 In addition, you can save the GTC and the contractual conditions of your order by downloading the GTC and saving either the summary of your order in the online store using your browser or the order confirmation e-mail that is automatically sent to you after your purchase to the e-mail address you have provided. This order confirmation contains your order details and a link to these terms and conditions. The order confirmation can be saved or printed using the corresponding function of your e-mail.
12. AMICABLE SETTLEMENT OF DISPUTES
According to article L. 612-1 of the Consumer Code " Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable settlement of a dispute between him and a professional ". This refers to disputes of a contractual nature, concerning the execution of a sales or service supply contract, between a consumer and a professional.
In case of difficulties, we invite you to contact our after-sales service beforehand (see point 11). If your problem is not solved, you may have recourse to the services of a mediator within one year of receipt of your request by the after-sales service, with a view to the out-of-court settlement of the dispute. To this end, you can contact the following mediation services:
a) E-commerce mediator of the FEVAD at the address :
www.mediateurfevad.fr/index.php/espace-consommateur/
b) European Commission website for online dispute resolution:
http://ec.europa.eu/consumers/odr/