These general conditions of sale are concluded on the one hand by the company La Fabrique des Pieds, represented by Cumulus Humélis as President, whose registered office is located at 1976 avenue industrielle in La Chapelle d'Armentières, registered in the Register of Commerce et des Sociétés under the number 839 094 737 and on the other hand, by any natural or legal person wishing to make a purchase via the website www.la fabrique des pieds.com hereinafter referred to as "the Customer".
These conditions of sale aim to define the contractual relationship between La Fabrique des Pieds, the Customer and the conditions applicable to any purchase made through the merchant site of the La Fabrique des Pieds brand. Placing an order through this site implies unreserved acceptance by the buyer of these conditions of sale. These conditions of sale shall prevail over any other general or specific conditions not expressly approved by La Fabrique des Pieds. La Fabrique des Pieds reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the Customer.
2. Characteristics of the goods and services offered
The company La Fabrique des Pieds is mainly involved in the manufacture and sale of legs on its website. The photographs in the catalog are as faithful as possible but cannot ensure a perfect similarity with the product offered, due to their artisanal nature, the colors may differ slightly.
3. Legal capacity
Customers declare to be of legal age and fully capable of contracting.
4. Geographical area
The products and services are offered in metropolitan France, and in the European Union area. For logistical reasons, private sales outside these geographical areas cannot be taken into account.
5. Availability of services
The services of the site www.la fabrique des pieds.com are normally accessible by the customer 24 hours a day, 7 days a week and all year round, except for interruption, scheduled or not, for the purposes of their maintenance or in the event of force majeure. Being in fact subject to an obligation of means, the company La Fabrique des Pieds cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the site. In the event of a problem, La Fabrique des Pieds undertakes to do everything possible to restore access to the site as soon as possible. The interruption of this access cannot give rise to compensation.
6. Prices for services and products for sale on the site
The selling prices of the products appearing on the site www.la fabrique des pieds.com are indicated in Euros all taxes included, it being understood that the products ordered are invoiced at the prices in force when the order is registered. The selling prices of the products can be modified by La Fabrique des Pieds at any time and the modification will then be indicated to the Customer before any order. The selling prices of the products do not include shipping costs, invoiced in addition to the price of the products purchased according to the amount of the order. The shipping costs will be indicated before the registration of the order by the Customer.
7. Characteristics – Product conformity
The company La Fabrique des Pieds is likely to modify at any time the assortment of products offered for sale on its website www.la fabrique des pieds.com, without prejudice to orders placed by the Customer. In accordance with article L. 111-1 of the consumer code, the Customer may, prior to his order, take note, on the website of La Fabrique des Pieds, of the essential characteristics of the product(s) he wishes. order. The company La Fabrique des Pieds will make its best efforts to ensure that the photographic representation of the products on the Website is as faithful as possible to the products themselves. However, given the digital presentation mode of the products on the Internet, it is possible that the Customer's perception of the photographic representation of the products does not correspond exactly to the product itself, which the Customer admits and acknowledges. The products comply with the French legislation in force.
All our feet are manufactured in strict compliance with our specifications and technical plans, and with the greatest application of our metalworkers, welders and painters. However, any order implies acceptance of a tolerance of +/- 3mm.
The powder coating that we apply is suitable for exteriors, for occasional use. We advise you to ask us to apply a coat of primer for regular outdoor use; this operation will be subject to invoicing on proposal of an estimate. However, this is not recommended for use by the sea, for which we recommend, in addition, the installation of fixed or adjustable runners.
When the Customer confirms his order by clicking on the "Validate payment" icon (hereinafter and above "the Order"), he is considered to have knowingly accepted the content and conditions of the Order by cause and in particular these General Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Customer. The company La fabrique des pieds will then confirm this order by sending an e-mail to the Customer. In addition, La Fabrique des Pieds reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the La Fabrique des Pieds website, including on the occasion of previous orders. Also, in the event of an error in entering the e-mail address concerned, or non-receipt of the e-mail order confirmation, La Fabrique des Pieds cannot be held liable. In this case, the sale will be considered final, except in cases of cancellation of the order by La Fabrique des Pieds, in particular for unavailability of the products. The Customer may nevertheless exercise his right of withdrawal under the conditions provided for in Article 13 of these General Conditions of Sale.
All orders are payable in euros. Payment for purchases is made by means of a bank payment card, a bank transfer, via paypal or a check. The Customer guarantees to La Fabrique des Pieds that he is fully authorized to use the payment card for the payment of his order and that these means of payment legally give access to sufficient funds to cover all the costs resulting from his order on the website www.la fabrique des pieds.com. The company La Fabrique des Pieds cannot be held responsible for any fraudulent use of the means of payment used. La Fabrique des Pieds reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer or in the event of payment incident. Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to amounts unpaid at the end of a period of ten days following the date of supposed payment or upon notification of the rejection of bank payment. for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof. All payments will be processed by a secure data encryption procedure so that no information transmitted by the Customer is intercepted by third parties. It is up to the Customer to save and print his payment certificate if he wishes to keep the bank details relating to his transaction.
10. Delivery of orders
Products purchased on the site www.la fabrique des pieds.com are delivered in Metropolitan France and in the European Union zone. The products will be delivered to the address indicated by the Customer on the site when placing his order, according to the delivery method chosen on the website www.la fabrique des pieds.com. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times observed. The company La Fabrique des Pieds cannot be held responsible for the consequences due to a delay in delivery. In all cases, if the package is returned to the sender, a second delivery will be made at the Customer's expense. If the package is again returned to the sender, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery costs, will remain with La Fabrique des Pieds.
If an order includes products in stock with shipment within 24 hours and products requiring a manufacturing time, our team will try to call you to ask you for your delivery preferences.
If our team is unable to reach the customer concerned, the entire order will automatically be shipped at once and the time will therefore depend on the manufacture of the products on time.
If the customer wants 2 shipments, our team will then make a proposal for additional shipping costs for two shipments.
11. Rights and deadlines for withdrawal
In accordance with Article L. 121-20 of the Consumer Code, the Customer has a period of 14 clear days from the date of receipt of his order or from the date of subscription to the purchase method concerned, to return at its expense, the products ordered, for reimbursement.
Note that custom-made products are neither exchangeable nor refundable, according to article L121-20-1 of the consumer code concerning the supply of personalized goods. Products considered to be made-to-measure are those where the dimensions are chosen by the customer via the product sheets concerned. This also concerns non-classic colors, i.e. BLACK, WHITE and BRUT gold (varnished or unvarnished).
Products eligible for withdrawal must be returned to La Fabrique des Pieds at the following address: 1976 Avenue Industrielle LA CHAPELLE D'ARMENTIERES 59930 France. In the event of an exercise of the right of withdrawal, La Fabrique des Pieds will reimburse the Customer for the corresponding amount within a maximum period of thirty (30) working days from receipt of the return. Reimbursement will be made by crediting the amount debited to the account corresponding to the Customer's bank card, bank transfer or paypal payment.
12. Terms of payment in 3 installments free of charge
This payment is reserved for individuals, whose billing address is located in metropolitan France for all purchases from €150 of purchase via payment by credit card. This service is offered after validation of your basket by simple payment by credit card free of charge, without supporting documents or specific formalities or acceptance period.
Payment will be accepted only under the following cumulative conditions (on the day of your order) :
- - Your account will need to be funded with the amount of the first installment ;
- - The expiry date of your card must be greater than the date of your last monthly payment, i.e. 61 days after the order date.
- - Authentication of your identity by confirming the operation by entering the confirmation code sent by your bank to the telephone number that you have communicated to them.
The distribution of the amount of the maturities is uniform. If you choose payment in 3 instalments, the total amount to be paid will be split into 3 transactions.
Example - for the purchase of 600 € in 3x free of charge, your payment schedule will be as follows :
- - 1st payment on the day of order validation = 200 €
- - 2nd 30 days later = 200 €
- - 3rd 60 days later = 200 €
After validation of your basket on our website, choose your method of payment "Payment in 3 installments free of charge" by credit card. You will be redirected to a secure Payplug page showing a detailed summary of your order, the amount of each installment and their collection dates. The maximum duration between the first and the last payment must not exceed a total duration of 3 months.
Confirmation of the payment method is done by the so-called "double-click" technique, i.e. you have read and accept our general conditions of sale, payment and delivery by checking the box "I have read and accept the conditions of sale". You acknowledge that the "double click" associated with acknowledgment of the general conditions constitutes consent to contract and constitutes irrevocable and unreserved acceptance of these general conditions.
Performance of the contract
By validating the request for payment in 3 instalments free of charge, you are requesting the immediate execution of this contract. In the event of default on your part in the reimbursements, La Fabrique des Pieds may demand the immediate reimbursement of the capital remaining due.
Withdrawal of acceptance
In accordance with article L.121-20-12 of the Consumer Code, after having accepted this contract, you can reconsider your commitment by simple email or registered letter (withdrawal slip "Payment in 3 installments free of charge) within 14 clear days from the date of your order.
In the event of withdrawal, the sale for which you have requested the request for payment in 3 installments free of charge is resolved, unless La Fabrique des Pieds offers you another means of payment.
In the event of resolution of the sale, La Fabrique des Pieds will reimburse you the full amount that you would have paid to it for payment in 3 installments free of charge within 30 days of the return of the goods(s). object of sale.
13. Retention of Title
The company La Fabrique des Pieds retains full ownership of the products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.
14. Intellectual property
All the elements reproduced on www.la fabrique des pieds.com and in particular but not exclusively the texts, comments, works, illustrations, images and brands are protected by intellectual property. Any total or partial reproduction of the elements accessible on the site www.la fabrique des pieds.com is strictly prohibited.
15. Signature and proof
The company La Fabrique des Pieds works to protect the personal information of its customers by ensuring a high level of security, but the Customer also has a role to play in the protection of his personal data. In particular, the Customer must maintain the security of his online transactions, for example by not communicating his identifier (the Customer's e-mail address) and/or his password to anyone and by changing his password regularly. As such, La Fabrique des Pieds cannot be responsible for the disclosure of information concerning the Customer to any individual who has used his identifier (the Customer's e-mail address) and/or his password. As such, the use of the identifier (e-mail address of the Customer) and / or the password of the Customer will be worth proof of his identity, and payment, upon validation of the Order, of the corresponding sums. La Fabrique des Pieds can in no way be held responsible for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order will be worth proof of acceptance of the said Order and will be worth payment of the sums incurred by the seizure of the products appearing on the Order. The computerized registers, kept in the computer systems of la fabrique des pieds and its partners will be considered as proof of the communications, Orders and payments made between the Parties.
16. Deactivation of the customer account
Non-compliance by the Customer with the obligations subscribed to under these General Conditions, any incident of payment of the price of an order, acts contrary to the interests of La Fabrique des Pieds, the issuance of false information when creating the account , may result in the suspension of access to the La Fabrique des Pieds service, or even the termination of his account depending on the degree of seriousness of the actions in question, without it being possible to claim damages or compensation whatsoever. they are to society the factory of the feet. la fabrique des pieds reserves the right to refuse any order from a Customer with whom there is such a dispute, even if the Customer uses a new account.
17. Customer service
For any information or questions, customer service is accessible via a form on the website www.la fabrique des pieds.com or accessible by email at the address info@la fabrique des pieds.com
The company La Fabrique des Pieds cannot be held responsible for damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. The same applies to any changes to the products resulting from suppliers.
The responsibility of the company La Fabrique des Pieds under the obligations of these General Conditions of Sale cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to the fault of the Customer, or the occurrence of an event of force majeure as defined by the French courts or any other event which was not reasonably under the exclusive control of La Fabrique des Pieds. The information accessible on the Website is provided "AS IS" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability , the reliability or completeness of the information, products, accessories or services appearing on the Website of La Fabrique des Pieds or their suitability for the use that the Customer plans to make of them.
The company La Fabrique des Pieds declines all responsibility for direct or indirect damage, whether foreseeable or not, caused during the use of the website.
The liability of the company La Fabrique des Pieds under the terms of these general conditions cannot exceed an amount equal to the sums paid or payable during the transaction at the origin of the said liability, whatever the cause or form of the action. concerned.
Any claim filed by a user, including any Customer, against La Fabrique des Pieds must be made within 6 months of the occurrence of the event, subject of the claim.
The company La Fabrique des Pieds cannot be held responsible, towards a customer or a third party, for any indirect damage, any operating loss, profit or turnover, occurring in any way whatsoever, even if this damage or this loss or this prejudice was foreseeable by the company La Fabrique des Pieds, or if its possibility had been brought to its attention.
19. « Computing and Freedom »
The information and data collected by the company La Fabrique des Pieds during any Customer order are necessary for order management and commercial relations. They can be transmitted to the companies which contribute to these relations such as those in charge of the execution of the services and orders for their management, execution, delivery, treatment and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow La Fabrique des Pieds to improve and personalize the services offered and the information sent. In accordance with the Data Protection Act, Customers have the right to access and rectify personal data concerning them. The Customer must write to info@la fabrique des pieds.com, indicating his surnames, first names, e-mail, address and customer reference. The Customer having placed an order or having subscribed to the newsletter of the factory of the feet on the website, will be able to receive offers of the factory of the feet. The company la fabrique des pieds reserves the right to use the statistics provided through the questionnaires that Customers have completed in order to improve its service.
20. Advertising on the website
At any time, the company La Fabrique des Pieds may decide to place advertising space on the website www.la fabrique des pieds.com. La Fabrique des Pieds enjoys total freedom when it comes to the choice of these advertisers, the types of display of advertisements but also their position on the site.
21. Modifications to the General Conditions of Sale
The company La Fabrique des Pieds reserves the right to modify and update the General Conditions of Sale without notice. To be informed of these possible modifications, the factory of the feet advises the Customer, and in a general way to any user, to re-read the GCS of the Site regularly. The Order will be subject to the General Conditions of Sale in force at the time of the Order.
22. Communication between the Client and La Fabrique des Pieds
By becoming a user of the website, the Customer acknowledges that the exchanges between him and the company La Fabrique des Pieds will be mainly electronic (by email) except in the specific cases presented in these General Conditions or required by law. In particular, the Customer expressly accepts that the invoices are sent to him by email. The Customer contractually acknowledges that the information, notifications and contracts are in perfect accordance with the regulations in force. It is understood between the parties that the choice of mode of exchange is equivalent to an agreement on proof within the meaning of article 1316-2 of the Civil Code.
23. Continuity and transfer of contract rights and obligations
The contracts between the Customer and the company La Fabrique des Pieds and/or its successors and assigns are binding between the parties. Customer contracts, rights and obligations may not be assigned or transferred without prior written consent. The contracts, rights and obligations of La Fabrique des Pieds may be assigned or transferred at any time without the prior consent of the Customer.
24.1. Partial invalidity
If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall retain all their strength and reach.
The fact for one of the Parties not to rely on the other Party of a breach of any of the obligations referred to in these General Conditions of Sale cannot be interpreted for the future as a waiver to the obligation in question.
24.3. Applicable law and competent jurisdiction
These General Conditions of Online Sale are subject to French law, in accordance with European directives, notwithstanding any rule relating to conflict of laws. Any dispute relating to the execution or interpretation of these General Conditions of Sale will be submitted to the competent court according to the nature of the dispute of the city of Lille. However, the parties will first favor an amicable settlement.