TERMS AND CONDITIONS
1 - OBJECT - APPLICATION - VALIDITY
The present Terms and Conditions have as an aim:
To inform very possible Customer on the conditions and procedures in which the Salesman carries out the sale and the delivery of the Products of the catalog put on line in the Website;
To set the rights and obligations of the parts within the framework of the product sales present in the catalog put on line by the Salesman in the Website.
The present general terms of sale apply to the whole of the sales concerning the Products presented in the catalog put on line by the Salesman, intervening with the profit of nonprofessional Customers.
Consequently, the validation of the Order by the Customer, (double click on the button “CHECKOUT”) implies his whole adhesion and without reserve with the present general terms of sale, other than all other documents.
Conditions particular to certain Products can supplement the present general terms. They are then specified at the time of the presentation of the Product.
The version of the general terms of sale applicable to each Order validated on the Website of the Salesman, is that on line at the date of the validation of the ORDER. The aforementioned version will govern the contract as of its conclusion and until the extinction of the guarantees envisaged.
The Salesman reserves the right to modify his general terms of sale. All new version of the Terms and conditions will be announced beforehand on the homepage of the Website of the Salesman.
The fact for the Salesman of not prevailing itself at one time given of any of the provisions of these general terms of sale cannot be interpreted like being worth final renunciation of their application.
2 - DEFINITIONS
Advantage: any performance of service provided by the Salesman, to the beneficiaries.
Beneficiary (S): Customer (S) holder (S) of FUGAM Card.
Order form: Buying order passed through the Customer on the Website of the Salesman in the respect of these Terms and Conditions.
FUGAM Card: discount card published by company FUGAM and sold on the http://www.pecheur.com Website
Customer: Any person, acting as quality of nonprofessional, wishing to place an Order by respecting the present CGV.
Account Pecheur.com: account running registered in the name of customer in the accountancy of the Salesman allowing the inscription of asset and refundings carried out by the Salesman to the Customer, as well as the payment by the Customer with the Salesman within the limit of the assets and registered refundings. This Account will not be able to have to in no case a debtor situation with the load of the Customer.
Terms and Conditions: General terms of Sale.
Ask of recovery: printable document on the Website, allowing the Beneficiary to make a proposal of recovery to the Salesman.
Card-index Product: detailed description of each Product presented by the Salesman on the Website.
Delivery: forwarding of one or more Products pursuant to a Order form validated by the parts.
Product: Any good presented to the sale in the catalog put on line by the Salesman.
Customer service: Department of company FUGAM in charge of the customer relation, reachable:
By telephone to the 04 70 90 07 18 of the Monday to Thursday of 8:30 to 12:30 and 13:30 to 17:30 and Friday of 8:30 to 12:30 and 13:30 to 16:30
By e-mail with the following address:
[email protected] By postal mail with the following address: 1 rue du Gaz - BP35 - 03800 GANNAT
Service Return: Department of company FUGAM in charge of the customer relation, reachable:
By telephone to the 04 70 90 07 18 of the Monday to Thursday of 8:30 to 12:30 and 13:30 to 17:30 and Friday of 8:30 to 12:30 and 13:30 to 16:30
By e-mail with the following address:
[email protected] By postal mail with the following address: 2 avenue de la gare - 63260 AIGUEPERSE
Website: http://www.pecheur.com. Pecheur.com is a French mark deposited by company FUGAM SAS under the number 07 3,521,194 and Domain name deposited by company FUGAM.
Carrier: La Poste, Exapac or any other transport company preselected by the Salesman and approved by the Customer.
Salesman: SAS FUGAM, with the capital of 503,500 €, whose head office is with GANNAT (03800) - 1 rue du Gaz, registered with the RCS of CUSSET under number 451,858,385. Editor of the Website.
3 – ONLINE CONTRACT
components of the online contract.
The contractual unit is formed by the following elements:
GENERAL TERMS OF SALE,
ORDER FORM,
ACCEPTANCE OF the ORDER,
INVOICE.
The whole of these elements form an indissociable whole, other than all other documents.
stages of the contract signature
The sale online contract will not be definitively concluded at the conclusion of the following stages:
reading and validation by the Customer of these general terms of sale,
supply of the whole of the information necessary to the establishment of the order form,
validation of the Order by the Customer,
validation of the payment,
acceptance of the Order form by the Salesman, subject to the respect of the provisions of article 8 of the Terms and Conditions.
At each step, it will be requested from the Customer to confirm the data by a “double click” which in accordance with the provisions of the Law of March 13th, 2000 and Law of June 21st, 2004 marks its irrevocable acceptance under the terms which are proposed to him.
The acceptance or the refusal of the Order by the Salesman, on legitimate grounds such as definite in article 8 of the Terms and Conditions, will be confirmed by way of e-mail
. Languages suggested for the contract signature on line.
The whole of the contractual documents is written in English language.
The Customer must have a sufficient level of comprehension of the English language.
To in no case the responsibility for the Salesman could not be committed for the bad comprehension of the English language by the Customer.
Filing of the online contract.
The whole of the contractual documents will be filed in account-customer PECHEUR.COM.
However, the banking data necessary for the realization of the online payment do not cause any filing, in accordance with article 7 of these general terms of sale.
The contractual documents will be preserved throughout one 120 month.
Consultation of the online contract
The Customer has in the Website a personal space, identified by his address e-mail and his password, allowing him to consult and print the whole of the contractual documents relating to it.
Probatory documents
The Salesman recommends to the Customers to print and preserve the whole of the contractual documents, as well as the descriptive card of (of) Produit (S) ordered (S).
Will be able to also constitute legal evidence, communications, goods of Order, invoices, documents in proof of payment and all documents resulting from the filing of the contractual documents in the computer system of the Salesman, to which the Customer has access, as indicated above (Article 3.5).
4 - PRODUCTS
Catalogue of the Salesman
The Products put at the sale on line in the catalog of the Salesman, manufactured and are put in distribution by suppliers who into force ensure the conformity of the Product the French legislation and to the applicable standards in France.
When a Product put at the sale online in the catalog of the Salesman is withdrawn from the trade by the supplier, whatever is the reason, the Salesman is held to withdraw the Product of its catalog, as soon as possible.
If the withdrawal of a Product by the supplier prevented the Salesman from delivering an Order, the Customer would not profit from any recourse against the Salesman who commits himself in this case offering to the Customer a similar Product, in the same range of price or, to the choice of the Customer, the refunding of the versed sums. Description and information on the Products - Cards Produced
The essential characteristics of the Products present in the catalog of the Salesman are communicated by the suppliers and settings on line on the Cards Produced by the Salesman, who endeavours to present them in the most faithful possible way.
Availability of the Products
The Salesman commits himself honouring the Goods of Order received within the limit with stocks available either in the Salesman, or in the supplier.
In the event of unavailability of a product ordered the Salesman commits itself informing the Customer of it as soon as he is aware of it.
In the event of unavailability, the Salesman will propose refunding or to be worth on the whole of the catalog of the Salesman.
If the customer chooses refunding, the Salesman will carry out the refunding of the sums paid by the customer without delay and at the latest in the 30 days. In the event of going beyond this time the sums are productive interests at the statutory rate.
5 - ORDERS
The Customer places his order according to the process in force on the Website and confirms the detailed Order form of this one.
Legal capacity
Only the people legally able to contract are allowed to place order.
In order to attest of their legal capacity, it will be requested from the Customer, during the placing of the order, to guarantee to have the full legal capacity to adhere to the Terms and Conditions and to conclude the contract.
Moreover, during a payment by card, it will be requested from the Customer to guarantee that it is fully entitled to use the aforementioned card and that the latter gives access to sufficient funds to cover all the costs necessary to the regulation of the Invoice.
Recording
At the time of his first order, the Customer must carry out his recording on the Website.
To be recorded, the Customer agrees to provide information which is required of him and engages on the veracity of these last:
name and first name,
date and birthplace,
addresses,
call,
email address,
type of purchasing card (card number,
expiration date and cryptogram).
The Website allots to each Customer an automatic password, which can be modified by the Customer on his personal space.
At the time of each visit, when it reaches personal data, or when it places an order, the Customer is identified as a preliminary by his identifier and his password, being specified that this one is not used to carry out payment.
establishment of the Order form
For the establishment of the Order form, the Customer will have:
to identify it (them) Produced (S) ordered (S), while taking care to be precise with regard to possibly, reference numbers, colors, sizes, etc…, in accordance with the Product sheet, all necessary information with the delivery: addresses, access code, stage… and in the event of particular delivery terms a phone number to which it can be joined in the course of the day, for appointment management.
The Salesman generates a Order form comprising the whole of the abundant data by the Customer and comprising the Price of the order.
Validation of the Order form
The Customer must check, on the Order form, the whole of the seized information and the Price, to correct the errors if necessary.
The Order form will have to be validated:
maybe by the impression and the sending of the Order form in version paper accompanied by the check of payment, by postal mail with FUGAM - Customer service - 1 Rue du Gaz - BP 35 - 03800 GANNAT, maybe by means of a “double click” on the button “CHECKOUT” terminal of virtual payment,
maybe by means of a “double click” on the button “TO PAY WITH YOUR ACCOUNT PECHEUR.COM”.
The Salesman could not be held responsible for possible errors of keyboarding by the Customer nor of the consequences in terms of delay or errors of delivery.
Thus, if the delivery cannot take place because of an error of keyboarding by the Customer, the expenses of reforwarding will be with its load. Moreover, the Customer will prohibit any claim because of the going beyond the delivery periods.
Delay or impossibility of placing an Order
The Salesman could not be blamed and held for person in charge of the consequences of all events escaping his will, in particular emergency, which would tend to delay or prevent the placing of the order online
6 - PRICE
Composition and validity
The price of the Order is made up:
price of (be) Produit (S) all inclusive of tax, except for Non European Union countries
expenses of treatment,
expenses of delivery.
Price of the Products. The prices of the Market products on the Website are indicated in euros all inclusive of tax, except for Non European Union countries and share in the expenses of preparation and forwarding and are valid as long as they present on the Card Are produced.
If the price of the same Product is stated on another site of the Website (for example on the homepage or the newsletter), it is the price indicated on the Product sheet which is taken.
The Products are provided to the present price at the time of the placing of the Order.
Expenses of delivery. The aforementioned Expenses are indicated on the Order form.
ALTERNATIVE: The deliveries “abroad”, “with the DOM”, etc… are the object of particular conditions of which the Customer will be informed, before the Validation of the Order form. The amount of the expenses of Delivery is determined by the total weight of the Delivery according to the tariffs applied by the Carrier.
This participation covers the expenses of preparation of the Order and its specific packing.
The amount of this participation is indicated in the summary of the Order.
Fluctuations in price
The realization of specific promotional operations can have like consequence a fluctuation in price of one or more Products, for one limited time in time and indicated on the website.
The aforementioned fluctuations of price will not give the right to any refunding for the Orders placed apart from the period of promotion.
Possible errors
All the prices are given subject to manifest typographical error.
If an error were to occur the Salesman will contact the Customer to inform it error carried out by his services and will recall him that the Order will be invoiced in the corrected conditions.
However, in the event of refusal by the Customer to accept the correction of the price, it will be free to cancel the corrected Order, without penalties.
7 - PAYMENT
Payment
The payment must be carried out in euros, cash, the day of the Order.
No moment, the versed sums could be regarded as down payments or installments.
To regulate his Order, the purchaser has the following methods of payment:
Credit card,
Paypal
Pecheur.com account
The bank cards accepted on the site are the following ones: Credit card, Visa or Mastercard.
The Customer guarantees to the Salesman whom it has the authorizations possibly necessary to use the method of payment that it will have chosen, during the recording of the order form.
The Salesman reserves the right to suspend or cancel any Order and/or delivery, whatever his nature and methods of execution, in the event of non-payment of any sum which would be due by the Customer or in the event of incident of payment.
Penalties of an amount equal to the raised legal interest rate of 3 points are applicable full to the amounts due at the conclusion of a ten days deadline following the date of invoicing or as of notification of the banking rejection of payment for means of payment. The delivery of all new Order could be suspended in the event of delay of payment of a preceding Order and this notwithstanding the provisions of present.
The Salesman reserves the right to ask for a photocopy of the identity card of the Customer for any payment by banking check. In this case, the Order form will be regarded as actually validated by the Customer, only with reception of the required parts. For the higher amounts than 200 € exclusive of tax, the Salesman reserves the right to ask a photocopy in conformity of identification papers.
Safety of the payments
For the safety of the transactions, the Salesman requests the banking data from his Customers with each new Order.
The Salesman uses the secure systems of payment.
At the time of the transaction of regulation, the Customer is automatically connected to the waiter of the processing center of the regulations.
The banking data, protected by encoding, do not forward by the systems of the Salesman, and are thus not preserved by him.
8 - ACCEPTANCE OF THE ORDER FORM
Except legitimate reason justifying the refusal of the order, the Order form will be expressly accepted by the Salesman.
In accordance to the provisions of the article L 122-1 of the Code of Consumption, the Salesman will have the ability to refuse the order by calling upon a legitimate reason. It is specified right now that will receive the qualification of “legitimate reason”, the following elements:
anomaly on the Order form,
refusal to pay,
delay of payment for the preceding Orders,
unavailability of the Products.
The Acceptance of the order form or the refusal of the order will be notified by the Salesman with the Customer, by any means at its disposal: e-mail, fax, mail.
The contract will be definitively concluded, at the date of Acceptance of the order form.
9 - DELIVERY
Place of delivery
The deliveries are carried out with the address indicated for this purpose by the Customer on the Order form.
The address of delivery must obligatorily be a physical address (name, number, street, postcode, commune, country). SAS FUGAM reserves the right to refuse any delivery towards a post office box.
Methods of delivery
Except typical case or unavailability of one or more products, the ordered products will be delivered in only once.
SAS FUGAM reserves the possibility, when an Order includes several references, of which some would be temporarily inalienable, or in final rupture, of dispatching the Order without the reference (S) missing (S). The price of the missing references is then immediately carried Counts of them Pecheur.com and the transfer on the bank account of the Customer will be carried out in the 72 H (working) according to the single click on the e-mail of information of refunding and, for any application for repayment carried out by postal mail, within the 15 day maximum delay.
In the event of particular request of the Customer concerning the conditions of packing or carriage of the Products, duly accepted in writing by the Salesman, the associated costs will be the object of a complementary specific invoicing, on estimate accepted beforehand in writing by the Customer.
Delivery periods - Deadline of delivery
The delivery period of the Products appears explicitly in the product sheet. This time gets along except weekend and bank holidays, and subject to availability of the Products confirmed by the supplier.
The deadline to which of Salesman commits itself delivering the order is reproduced explicitly on the Order form.
In the event of nonrespect of the delivery date mentioned in the Order form, the Customer can cancel his Order by sending a registered letter with acknowledgment of delivery to the Customer service.
Cancellation will not be taken into account by the Salesman if forwarding or the delivery did not intervene between the sending and the reception of the aforesaid letter.
The payment carried out by the Customer will be immediately registered on his Pecheur.com Account and could be to him refunded, on request, within the 15 day maximum delay following the date of payment of the Price by the Customer.
In the event of nonrespect of the deadline of delivery, the Salesman will be able to exonerate whole or part of his responsibility while bringing the proof that the inexecution or the bad execution of the contract is ascribable to the Customer, with the unforeseeable and insurmountable fact of a third to the contract and/or in the event of major force.
Reception
The Customer commits himself transmitting all the necessary information to the delivery in order to guarantee of it the good end (and in particular a phone number to which the Carrier can join it in the course of the day).
The Customer engages, for itself or the product consignee, to take delivery of the goods to the address which it indicated.
During the delivery, the Customer or the product consignee, must be able, if that is required of him, to be the proof of his identity.
The Customer is held to check the condition of the delivered products.
The Salesman will replace as soon as possible and with his expenses, the delivered products whose apparent defects or the defects of conformity will have been duly proven by the Customer.
Returns
Case back from Products:
The Products cannot be turned over that within the framework of the exercise of the right of retractation, defect of conformity or apparent defect.
Methods back from Products:
Produit (S) are sent by the Customer to the Service Return, by specifying its choice of exchange or refunding. The right to repossess is exerted without penalties, except for the expenses of return which remain to the reponsibility of the Customer. The returns in cash on delivery will not be accepted.
A preliminary request for return can be made by the Customer near the Service Return, by specifying right now its choice of exchange or refunding. The Service Return proceeds to the taking into account of the return by the attribution of a number of file. It is specified that the returns carrying the number of file allotted in accordance with the provisions of this paragraph will profit from a procedure from treatment accelerated.
The Products must be turned over in their packing of origin, made precision that for the books, DVD, videos and CDR, packing in cellophane should not be loosened when the return is justified by very other causes that the existence of a defect of conformity or a defect.
The Return of the Products causes, with the choice of the Customer:
with exchange: in which case the transport costs are the responsibility of the Customer when the return is justified by very other causes that the existence of a defect of conformity or a defect. with refunding: the Price of the turned over Product is immediately registered on the Pecheur.com Account of the Customer and whose transfer on the bank account of the Customer will be carried out in the 72 H (working) according to the single click on the e-mail of information of refunding and, for any application for repayment carried out by postal mail, within the 15 day maximum delay following the payment of the Price.
10 - RIGHT OF RETRACTATION
In accordance with the article L 121-20 of the Code of Consumption, the Customer has a 20 clear days deadline with date of reception, to turn over to his the ordered expenses, Products.
The Products must imperatively be turned over to the Salesman, accompanied by the Good of Retractation, in a perfect state of resale, their country of origin (packing, accessories, note…), duly sealed, and accompanied by the good of return signed according to the procedure described above.
In accordance with the provisions of the article L 121-20-2 of the Code of Consumption, the right of retractation cannot be exerted:
for the supply of goods made according to the specifications of the Customer or clearly personalities or which, because of their nature, cannot be reforward or are likely to worsen or to expire quickly, for the supply of audio or video recordings like for the supply of any reproducible work in order to preserving the copyrights, when they were loosened by the Customer.
The limitation of the right of retractation is expressly mentioned on the Cards Produced of the Products concerned.
11 - TRANSFER OF PROPERTY - TRANSFER OF THE RISKS
The Salesman preserves the property full and whole Market products to the perfect cashing of the price, in the main thing, expenses and inclusive of tax.
12 - GUARANTEES
extended
The Products profit, in accordance with the legal tendencies:
legal guarantee of conformity under the terms of the L211-4 articles of the Code of Consumption, legal guarantee against the latent defects coming from a defect of the matter, design or manufacturing assigning the Products and making them unsuitable to their use, under the terms of articles 1641 and following of the Civil code, guarantees provided by the manufacturers of the Products, according to the forecasts of the latter.
In order to make prevail his rights, the Customer will have, under penalty of forfeiture of any action referring itself to it, inform the Salesman of the existence of the defects, by registered letter with shown of reception in the intended deadlines by the L211-12 articles of the code of consumption and article 1648 of the civil code. Exclusions of guarantees
No guarantee will be due if the Product was the object of modifications without prior consent and writing of the Salesman or even of interventions as repair or conversation by people not approved by the manufacturer (or if the sold thing is used in an abnormal way or under abnormal conditions by reference to the note of employment provided by the manufacturer).
13 - NOT PARTIAL VALIDITY
If one or more stipulations of these general terms of sale are held for nonvalid or are declared worthless pursuant to a law, of a regulation or following a definite decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
14 - NON RENUNCIATION
If the fact for one of the parts of not prevailing itself of a failure near the other part with any of the obligations born of these general terms of sale could not be interpreted for the future as a renunciation of the obligation in question.
15 - APPLICABLE LAW AND COURT OF JURISDICTION
The sales of the Products are subjected to the French law.
Any litigation relating to interpretation, the execution, the rupture of the contract concluded between the Salesman and the Customer, will be subjected to the Court of competent jurisdiction under the conditions of the common right.
16 - PERSONAL DATA PROTECTION
In accordance with the Law n°78-17 of data-processing January 6th, 1978 the “& freedoms”, the Customer is informed that the answers to the various questionnaires are necessary for the treatment of its inscription and the creation of its personal space.
Information thus collected as those collected later on through the use of the Website remains confidential and will be the object of automated treatments. This information will be likely to be transmitted to companies sisters, the parent company, and/or subsidiaries of the Salesman, and/or Partners at ends of commercial prospection, except opposition express of the Holder.
The Customer has a right of access, of modification, correction and suppression of information relating to it to the Customer service.
17 - REFER A FRIEND
The opportunity to sponsor another person is limited to any customer who has a Pechcher.com account and has placed at least one completed order through it. The customer will be able to sponsor anyone who has an email address not linked to a Pecheur.com account or linked to a Pecheur.com account where an order has not been completed, or anyone with an email account that is not subject to a sponsorship request in progress. When a sponsorship request is made, the contact to be sponsored will receive an invitation email and will have 60 days in which to make their first order. The fact you refer a friend is taken into account at the moment your friend places a 10€ order or higher. The referred friend will receive a present in his first order only if he places a 10€ order or higher. Each sponsored contact will have the right to only one gift. This gift is not pre-defined and may vary from one contact to another.
When the sponsored contact's first order is shipped, the sponsor will receive a voucher for 5€ ( if the sponsor has less than 5 contacts) or a voucher for 10€ (for more than 10 contacts sponsored). You will receive a voucher if your friend places a 10€ order or higher. The value of vouchers can change in the time during exceptional periods. Each purchase voucher will be valid for 366 days as from the shipping date of the contact's order. The sponsor will received an email when they will be able to use their voucher. The sponsor will have access at any time to their customer space in the "Sponsorship vouchers" section, with the history of their purchase vouchers and each one's remaining validity. A voucher is personalised, cannot be split, may not be passed on, cannot be used in part, is not reimbursable, and will not entail any cash counter-value whatsoever. The Seller reserves the right to reactivate or issue another purchase voucher as a commercial gesture. A purchase voucher is valid against the websites prices (blue, red, black and purple) and is not redeemable against carriage. A voucher can be added to a promo coupon, a credit note or to the use of the Fugam card. The sponsor may use their purchase voucher(s) when placing an order the value of which is greater than the order total (excluding shipping costs) and once any discount has been applied. The seller has the right to cancel vouchers in case of a friend order return or refund. When cancelling an order the referred friend can asked our customer service to reactivate his voucher(s). Customers keep their voucher(s) until use or until the end of validity period even if we cancel the program. The Seller reserves the right to remove the advantages received when you referred a friend (vouchers, gifts) in the case of a use not in compliance with the spirit of this system (the person who refers must introduce our website to a third party).
