Terms and conditions
1. Name
of supplier
This site (http://id-plates.org) is maintained by
FABRIK, registered under SIRET SIREN 432 839 843 located at
8 Avenue Henri Barbusse – 93000 BOBIGNY - France.
After sales:
heures@free.fr
2. General
clauses concerning the terms and conditions of use: (Hereafter 'T
& C')
1. Purpose of the
T & C
The T & C apply exclusively to the online sale
of FABRIK products on its only sales website http://id-plates.org
2. Scope of application of the
T & C
The T & C apply exclusively to online sales contracts
for (hereafter ‘the supplier’) products with purchasers with
consumer status (hereafter ‘consumers’). With the confirmation e-mail,
these are the only contractual documents. They may not affect the
consumer’s right of withdrawal under any circumstances.
3. Availability
and effects of the T & C
The T & C are available to
consumers at http://id-plates.org at the following address:
http://id-plates.org/tc.htm
By confirming their order, the consumer
agrees to the T & C in force on the day that the order is placed.
The supplier is responsible for conserving and reproducing the T
& C.
4. Modifications
to the T & C
The supplier reserves the right to modify the
T & C at any time, in whole or in part, without prior warning
and without any obligation to compensate the consumer.
In the
event of any modification to the T & C, the applicable T &
C are those in force on the day that the order is placed by the
consumer. A copy may be provided by the supplier on request.
5. T & C divisibility clause
If one of the T & C clauses is rendered void, this does not
render the entire T & C void, only the clause deemed unwritten
shall cease to be in force.
Temporary or permanent inapplicability
of one or more clauses in the T & C by the supplier shall not
warrant supplier renunciation of the other clauses in the T &
C, which continue to serve the supplier’s interest.
3. Products
1. Features
If required,
consumers may obtain further information about a product by asking
the consumer department.
All products for sale on the site include
a description that mentions their main features, in compliance with
article L.111-1 of the French Consumer Code [Code de la Consommation].
Consumers who place orders in the absence of any information about
a product shall be considered as having accepted it in the condition
in which it is delivered.
Photos of products are non-contractual.
The actual product may differ, in particular, but not exhaustively,
in terms of the actual colour of the product. Consumers may not
request refunds or exchanges as a result of a slight modification
to a product.
Product information is supplied, although they
may be subject to typographical error.
4. Price
1. Sales price
In compliance
with article L.113-13 of the French Consumer Code, sales prices
are stated for all products on sale at http://id-plates.org in
US Dollars, including sales tax, delivery, transport and/or preparation
costs.
The total amount due by the consumer is indicated on
the order confirmation page.
2. Modification
The supplier reserves the right to modify its prices, either upwards
or downwards, at any time, without warning.
If the price of
a product is modified after an order has been placed by the consumer,
the sales price is the price in force on the day the order is placed
by the consumer.
5. Service
Items are available for online sale subject to availability (unless
a limited period of sale is stated)
Consumers accept the online
sale using the double click procedure: they click once to confirm
their shopping basket and then click a second time to confirm the
order summary displayed. This second click then directs them to
the secure payment page.
6. Order
1. Steps to execute the online
sales contract
To place an order, consumers place the items
they intend to order in their virtual shopping basket. They select
the product in question, state the size, colour (if applicable)
and quantity required and then click ‘Add to cart’ or ‘Buy now’.
The customer is then redirected to a page summarising their selections,
enabling them to check the order and correct or modify it, if required.
Once the selection has been confirmed, they click on ‘Confirm order’.
This second click confirms full and unreserved acceptance of the
T & C and constitutes the contract.
The consumer will receives
a confirmation e-mail as soon as possible.
The consumer is responsible
for providing correct and accurate information when placing the
order.
This information must enable the supplier and carrier
to fulfil their obligations in the best possible conditions.
The supplier shall not be held responsible for erroneous, missing
or incomplete information provided by the consumer, notwithstanding
the legal protection offered to the consumer in terms of hidden
defects or commercial guarantees.
2. Order
modification
Any modification to the order by the consumer after
confirmation is subject to supplier acceptance and the availability
of the products in question.
Requests for modification can only
be accepted before the order is prepared. In general, preparation
requires 24 hours but this duration may be less and cannot be guaranteed.
The supplier is under no obligation to accept a late request for
modification (received after the order has been prepared)
3. Order
confirmation
The supplier reserves the right to refuse any order
for legitimate reasons. For instance, an unusually high quantity
of items given the purchaser’s consumer status may justify refusal
of the order.
The supplier reserves the right to refuse any
order from a consumer involved in litigation (ongoing or resolved).
In the event of refusal, the consumer will be fully reimbursed within
a reasonable period of time.
4. Unavailability
of ordered products
If one or more products in an order is unavailable,
the supplier shall inform the consumer within a reasonable period
of time and suggest a product of an equivalent quality and price.
The consumer may select a refund or voucher to be used on the site.
7. Contract
1. Conclusion
The sales contract is concluded following the consumer’s payment
via Paypal.
double click to confirm their order.
The time
and date of this double-click is recorded digitally by 1&1,
our website host. The consumer accepts the recording provided by
1&1 in the event of litigation, to the exclusion of any other
form of digital time recording.
All communication, order forms
and invoices are archived on BBP servers hosted by 1&1. They
constitute a true and durable copy as defined in article 1348 of
French Civil Code. These elements may be provided as proof of contract.
2. Termination
The contract
may be terminated by the supplier in the following circumstances:
? Consumer refusal to accept
delivery of the products ordered
? Package
returned to carrier due to incorrect information provided
? Non-payment
of the price (without prejudice to any legal proceedings taken against
the consumer)
In all of the aforementioned circumstances, the
amount of any payments made remains the property of the supplier,
as compensation.
8. Withdrawal
Following receipt of the products, the consumer is entitled to a
legal withdrawal period of seven days, without having to pay any
penalty or provide any justification for the withdrawal.
Any
return postage costs shall be covered by the consumer.
To exercise
this right, the consumer must e-mail the consumer department at
heures@free.fr This e-mail must include the order number, customer’s
full name and any other practical information.
Following this
request, the consumer will be allocated a return number. This return
number is mandatory, any package received without a return number
cannot be accepted by our warehouses.
The consumer returns products
to the supplier with this return number.
The consumer is refunded
within 30 days of the date of product receipt, provided that the
products arrive on the supplier’s premises in their original packaging,
with no parts missing, in perfect condition, labelled, unworn, unwashed,
together with the original invoice and return form. Any return not
complying with these criteria shall not be accepted and the product
shall be returned to the consumer.
All risks incurred by returning
the product shall be borne by the consumer. The consumer is responsible
for taking all the necessary measures to ensure the product’s safe
return (packaging, protection). In the event of a return without
signature, not received by the supplier, the consumer is responsible
for providing proof of receipt of the product.
This proof of
receipt is required for any refund. No refund will be issued if
the returned product does not reach the supplier’s premises.
For this reason, we strongly recommend that all consumers returning
a product request registered, signed-for delivery with declared
value of the product and insurance. Proof of delivery is then constituted
by an official BBP stamp on the registered delivery form or by the
Returns manager’s signature.
9. Payment
Payment is required in full after confirmation of the order.
Payment is
made via an independent secure
platform: PayPal. The consumer’s bank details cannot be accessed
by the supplier. They do not pass through any of the company’s servers.
Only trusted third parties responsible for data encryption (PayPal)
process this information digitally to ensure complete transaction
security and optimum protection of bank details.
10. Delivery
The supplier shall hand the products over to its carrier within
5 working days maximum following receipt of full order payment.
Late deliveries due to external causes shall not justify claims
for compensation or compensation payments from the supplier.
Products are delivered to the address indicated by the consumer
on the order form.
Consumers who accept a product without expressing
concerns to the carrier shall be considered as having accepted the
delivery. The consumer therefore loses all right to make a complaint
concerning delivery.
In the event of damage to the product or
if the product does not comply with the order, the consumer must
register a complaint with the supplier in order to obtain a replacement
or terminate the sale, if applicable.
11. Guarantees
Legal guarantees
All products supplied by the supplier benefit
from the legal guarantee of compliance as stipulated in articles
L. 211-4 to L. 211-14 of the French Consumer Code and the legal
guarantee for hidden defects as stipulated in articles 1641 to 1649
of the Civil Code.
As part of the guarantees, the supplier shall
refund or exchange defective products, or items that do not correspond
to the order, at the consumer’s request.
After Sales service
Complaints concerning guarantees must be addressed to Costumer Services:
from 09.00 am to 06.00 pm, from Monday to Friday.
You can contact
the After Sales team by e-mail at the following address: heures@free.fr
12. Liability
Liability exemptions
The supplier cannot be held liable in the event of non-execution
or improper execution of the contract caused by the buyer, an uncontrollable
and unforeseeable third-party event, or an act of God.
In addition,
the supplier is covered by a best efforts clause, its obligations
are deemed complete once the package containing the consumer’s order
has been handed over to the carrier. The supplier can therefore
not be held liable for non-delivery of the product.
The slip
confirming deposit of the package with the carrier, signed for by
the carrier, is proof of the transfer of responsibility.
Penalty
clause
In all cases where the consumer fails to fulfil their
obligations, the payment made in advance on ordering will remain
the property of the supplier as a penalty.
13. Termination
clause
Termination of the order under the circumstances stipulated
by these T & C will be declared by registered letter and come
into force without recourse to legal proceedings.
14. Intellectual
property
The elements reproduced on this site, which are the
exclusive property of the editor, are protected by copyright, brand
and patent rights. All rights to text and images on the supplier’s
online site are protected around the world by copyright and intellectual
property rights; their reproduction, even in part, is strictly prohibited.
This includes these general conditions of sale
Legal proceedings
shall be taken against any reproduction or distribution of these
elements, without prior written authorisation from the editor.
15. Personal data
Personal data
are exclusively used for processing orders and are therefore not
stored by the supplier in any database nor distributed to third
parties (with the exception of the carrier).
In compliance with
French law 78-17 of 6 January 1978, the consumer has the right to
access and rectify their personal data at any time. To exercise
this right, the customer must contact the company’s customer service
department by e-mail, phone or letter.
16. Litigation
settlement, mandatory prior conciliation clause
In the event
of litigation between the supplier and consumer, the consumer shall
launch a conciliation procedure directly with the supplier in order
to settle the litigation without recourse to third-party intervention.
This procedure replaces any other form of existing litigation settlement
for a duration accepted by the customer of 30 working days.
Complaints must be addressed to customer services: heures@free.fr
17. Area of jurisdiction
For litigation
concerning an order placed on the online website http://id-plates.org
or for any litigation relating to these T & C, the competent
tribunal will be the defendant’s local tribunal.
18. Applicable
law
This contract and the related T & C are subject to French
law.
Reproduction of articles, the display of which is mandatory:
Article L211-4 of the French Consumer Code
The supplier shall
deliver a product that complies with the contract and is responsible
for compliance faults that exist on delivery.
The supplier is
also responsible for compliance faults resulting from the packaging,
assembly instructions or installation when this is part of the contract
or when completed under its responsibility.
Article L211-5 of
the French Consumer Code
To be contractually compliant, the
product must:
1. Be fit for
the purpose usually expected from this type of product and, where
applicable:
? match
the description provided by the supplier and possess all the qualities
that the supplier has presented to the purchaser in the form of
a sample or model;
? feature
the qualities a purchaser may legitimately expect in view of the
public declarations made by the supplier, the producer or its representative,
particularly in publicity or labelling;
2. Or
offer features defined jointly by the parties or be fit for any
special purchaser purpose, presented to the supplier and accepted
by the latter.
Article L211-12 of the French Consumer Code
Actions resulting from non-compliance lapse after two years from
the date of delivery of the product.
Article 1641 of French
Civil Code
The supplier is bound by the guarantee in terms of
hidden defects in the object sold, rendering it unfit for its intended
purpose, or restricting this purpose to such an extent that the
purchaser would not have purchased it or would have paid less for
it, had these defects been known.
Article 1648 of French Civil
Code
The action resulting from material defects must be taken
by the purchaser within a period of two years from the date the
defect was discovered.
As stipulated by article 1642-1, the
action must be submitted within the year following the date upon
which the supplier may be discharged of apparent flaws or non-compliances
under penalty of foreclosure.
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