Terms & Conditions
Preamble: Scope of Application
These general terms and conditions of sale (hereinafter referred to as the "General Conditions") apply to any purchase made by an individual or legal entity (hereinafter referred to as the "CLIENT") on the website www.fariboles-galerie.com (hereinafter referred to as the "SITE") or remotely through any means, with the company Fariboles Productions, registered in the Rouen Trade and Companies Register under number 912 624 848, whose headquarters are located at 141 Boulevard de l'Yser, 76000 Rouen (hereinafter referred to as "FARIBOLES PRODUCTIONS").
Article 1. Definitions
The terms used below have the following meanings in these General Conditions:
- CLIENT: Refers to the co-contractor of the SELLER, who guarantees having the status of consumer as defined by French law and jurisprudence. As such, it is expressly stipulated that this CLIENT acts outside of any habitual or commercial activity.
- ORDER: Refers to any order placed by the CLIENT on the SITE or remotely, regardless of the means used, including email communication.
- Consumer Client: Refers, in accordance with the introductory article of the Consumer Code, to any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity.
- Non-Professional Client: Refers, in accordance with the introductory article of the Consumer Code, to any legal entity not acting for professional purposes.
- Professional Client: Refers to any client who is neither a Consumer Client nor a Non-Professional Client.
- DELIVERY: Refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address specified during the ORDER.
- PRODUCTS: Refers to all products available on the SITE.
- SITE: Has the meaning given in the preamble.
- TERRITORY: Refers to mainland France (excluding overseas territories).
- SELLER: Refers to Fariboles Productions, a sole proprietorship owned by Mr. Pascal RODIER, as mentioned at the beginning of this document.
Article 2. Purpose
The purpose of these General Conditions is to define the terms and conditions of sale by the SELLER to its CLIENTS of the PRODUCTS.
Sales of the PRODUCTS can take place on the SELLER's SITE or remotely.
The CLIENT is clearly informed and acknowledges that the SITE is intended for Consumer Clients, and that Professional Clients must contact the SELLER's commercial department to benefit from different contractual conditions.
Article 3. Acceptance of the General Conditions
The CLIENT agrees to carefully read and accept these General Conditions before placing an ORDER for PRODUCTS on the SITE.
Any ORDER implies full and unconditional acceptance of these general terms and conditions of sale by the CLIENT and waiver of all other terms and conditions. Deviations from these general conditions will only be binding on FARIBOLES PRODUCTIONS if they have been accepted in writing by the company and will only apply to the ORDER(s) concerned by the amendment.
Acceptance of the General Conditions of Sale is confirmed by clicking on the first button to place the ORDER, and then on the second to confirm the ORDER, where the CLIENT acknowledges having read, understood, and accepted the General Conditions without limitation or condition.
When the ORDER is not placed on the SITE, acceptance of the General Conditions of Sale will be confirmed by the CLIENT's signature or by signing an agreement referring to these general conditions.
Article 4. Purchase of Products
To purchase a PRODUCT, the CLIENT must have full legal capacity under French law.
The CLIENT will be asked to provide information for identification by completing the form available on the SITE.
On the SITE, an asterisk (*) indicates mandatory fields that must be filled out for the CLIENT's ORDER to be processed by the SELLER. The CLIENT can check the status of their ORDER on the SITE.
Tracking of DELIVERIES can be done using the online tracking tools provided by certain carriers if applicable. The CLIENT may also contact the SELLER's commercial department at any time via email at [email protected] to obtain information about the status of their ORDER.
The information provided by the CLIENT to the SELLER during an ORDER must be complete, accurate, and up to date. The SELLER reserves the right to request confirmation of the CLIENT's identity, eligibility, and the information provided, by any appropriate means.
Article 5. Orders
Article 5.1 Product Characteristics
The SELLER will present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE or provided to the CLIENT upon request for a remote ORDER).
The CLIENT agrees to carefully read this information before placing an ORDER.
By placing the ORDER, the CLIENT acknowledges that the characteristics of the PRODUCTS are satisfactory.
Unless expressly stated otherwise, all PRODUCTS sold by the SELLER are new and comply with current European legislation and applicable standards in France.
Article 5.2. Passation de commande
PRODUCT ORDERS can be placed directly on the SITE or remotely via email.
To place an ORDER, the CLIENT must follow the steps described below (note that depending on the CLIENT's starting page, the steps may vary slightly).
5.2.1. Selection of PRODUCTS and Purchase Options
The CLIENT must select the PRODUCT(s) of their choice by clicking on the relevant PRODUCT(s) and choosing the desired characteristics and quantities. Once a PRODUCT is selected, it is placed in the CLIENT's shopping cart. The CLIENT can then add as many PRODUCTS to their cart as they wish, subject to availability (articles 5.2.3 and 5.5) and the application of Special Sales Conditions.
When the ORDER is not placed on the SITE, the CLIENT selects the PRODUCT and sends the information via email, indicating the desired PRODUCT and quantity.
5.2.2. Orders
FARIBOLES PRODUCTIONS reserves the right to refuse any ORDER for legitimate reasons.
Once the PRODUCTS have been selected and placed in the CLIENT's shopping basket, the CLIENT must click on the cart and verify the contents of the ORDER. If the CLIENT has not yet done so, they will be prompted to log in or register.
Once the CLIENT has validated the contents of the cart and logged in/registered, a form will appear summarizing the price, applicable taxes, and, if applicable, delivery fees.
The CLIENT is invited to verify the contents of the ORDER (including quantity, characteristics, and references of the PRODUCTS ordered, billing address, payment method, and price) before confirming its contents.
The CLIENT is solely responsible for verifying the contents of the cart or the quantity mentioned in their email, without holding the SELLER accountable for any errors.
The quantity of PRODUCTS selected or requested via email does not necessarily imply that they will be delivered to the CLIENT, as it depends on availability, under the conditions outlined in article 5.2.3 below.
The CLIENT can then proceed to pay for the PRODUCTS by following the instructions on the SITE and providing all necessary information for billing and DELIVERY of the PRODUCTS. For PRODUCTS with available options, these specific references will appear when the correct options have been selected. The ORDERS placed must include all the information necessary for proper processing of the ORDER.
The method of delivery will be chosen by the SELLER.
Any modification of the ORDER by the CLIENT must be subject to prior written agreement from FARIBOLES PRODUCTIONS and may result in a change in price and execution terms.
Without prejudice to the application of the consumer CLIENT's right of withdrawal, no ORDER cancellation can occur without the prior agreement of FARIBOLES PRODUCTIONS.
5.2.3. Quantities of PRODUCT(s)
The SELLER informs the CLIENT that the PRODUCTS sold are manufactured in limited quantities.
All PRODUCTS are sold subject to stock availability, and the CLIENT is informed that if their ORDER exceeds the available stock, it may not be fulfilled.
Simply adding a PRODUCT to the shopping cart does not guarantee its availability, which will be confirmed by the SELLER.
Additionally, the number of PRODUCT(s) that can be ordered on the SITE is at least ONE (1) and at most equal to the average number of PRODUCTS ordered by the CLIENT in the relevant PRODUCT category in their previous ORDERS, increased by 20% for Professional CLIENTS.
The average number applied will be calculated based on ORDERS for PRODUCTS in the category that the CLIENT wishes to order, whether it is from the "classic" or "prestige" collection.
The quantity for the "prestige" and "classic" collections is limited to ONE (1) item.
Therefore, the SELLER reserves the right to fulfil only part of the ORDER when the number of PRODUCTS exceeds the quantity defined in the paragraphs above. In such cases, the SELLER will proceed as indicated in Article 5.5 "Product Unavailability."
For Professional ORDERS placed outside the SITE, the number of PRODUCT(s) that can be ordered on the SITE is at least TWO (2) and at most equal to the average number of PRODUCTS ordered by the CLIENT in their previous ORDERS in the relevant PRODUCT category, increased by 20%.
The conditions outlined in this Article 5.2.3 may vary depending on the special sales conditions agreed upon by the CLIENT.
5.2.4. Order Confirmation
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CLIENT's ORDER. A copy of the ORDER confirmation will automatically be sent to the CLIENT by email, provided the email address supplied in the registration form is correct.
When the ORDER is placed outside the SITE, FARIBOLES PRODUCTIONS will send the CLIENT an acknowledgment of receipt of the ORDER.
The SELLER does not send any ORDER confirmation by postal mail or fax.
5.2.5. Invoicing
During the ORDER process, whether on the SITE or remotely, the CLIENT must enter the information necessary for invoicing (the fields marked with an asterisk (*) on the SITE must be filled in for the CLIENT's ORDER to be processed by the SELLER).
The CLIENT must clearly indicate all information regarding DELIVERY, particularly the exact delivery address and any access codes required for DELIVERY.
The CLIENT must then specify the chosen payment method.
Neither the order form created online by the CLIENT, nor the confirmation of the ORDER sent by the SELLER by email constitutes an invoice. Regardless of the order or payment method used, the CLIENT will receive the invoice via email when the order is shipped. They can also request a paper invoice from the SELLER.
5.3. Order Date
The date of the ORDER is the date on which the SELLER acknowledges receipt of the ORDER.
5.4. Price
For all PRODUCTS, prices are displayed in euros, excluding taxes, along with applicable delivery fees (depending on the package's weight, excluding packaging and gifts, the delivery address, and the carrier or delivery method chosen), in accordance with the DELIVERY POLICY.
Prices include VAT (Value Added Tax) at the rate in effect on the date of the ORDER. Any changes to the applicable rate may affect the price of the PRODUCTS as of the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices indicated are valid, except for gross errors. The applicable price is the one displayed on the SITE on the date the ORDER is placed by the CLIENT.
Additionally, the CLIENT is informed that the applicable price differs for each type of PRODUCT and depending on the product license.
5.5. Product Availability
Without prejudice to the provisions of Article 5.2.3 or the application of specific sales conditions, the unavailability of a PRODUCT is generally indicated on the PRODUCT's page. CLIENTS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the ORDER, the SELLER commits to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the CLIENT’s request:
- Propose to ship all PRODUCTS at once as soon as the out-of-stock PRODUCTS become available.
- Proceed with a partial shipment of the available PRODUCTS first, followed by the shipment of the rest of the ORDER when the other PRODUCTS are available, provided that the CLIENT is clearly informed of any additional shipping costs that may be incurred.
If the CLIENT decides to cancel their ORDER for unavailable PRODUCTS, they will receive a refund for all amounts paid for the unavailable PRODUCTS within thirty (30) days of the payment.
Article 6. Right of Withdrawal
The Consumer Client has the right of withdrawal as provided by Articles L.221-18 and following of the Consumer Code.
The terms of the right of withdrawal are set out in the "Withdrawal Policy," which is attached in Annex 1 of these General Conditions.
Article 7. Payment
Payment refers to the actual provision of all amounts due by the CLIENT to FARIBOLES PRODUCTIONS.
7.1. Payment Methods
The CLIENT can pay for PRODUCTS online on the SITE or remotely by using the means proposed by the SELLER.
The CLIENT guarantees the SELLER that they have all the necessary authorizations to use the chosen payment method.
7.2. Payment Date
In the case of a one-time credit card payment, the CLIENT's account will be debited immediately after the PRODUCT ORDER is placed on the SITE.
7.3. Late or Refused Payment
Amounts due will be considered as finally settled when the total sums have been irrevocably credited to FARIBOLES PRODUCTIONS’ account or, in the case of payment by bank check, upon the expiration of the check’s clearance period.
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER’s Customer Service to arrange payment by another valid means of payment.
If, for any reason (objection, refusal, etc.), the transmission of funds owed by the CLIENT proves impossible, the ORDER will be canceled, and the sale automatically terminated.
7.4. Retention of Title
Ownership of the PRODUCTS is suspended until full payment of the price and all amounts owed by the CLIENT. The CLIENT must take all necessary measures to preserve the PRODUCTS before the transfer of ownership. The CLIENT will immediately notify FARIBOLES PRODUCTIONS of any seizure or third-party claim regarding the PRODUCTS. The CLIENT authorizes FARIBOLES PRODUCTIONS to take all necessary measures to recover unpaid PRODUCTS.
Article 8. Proof and Archiving
Any contract concluded with the CLIENT for an ORDER exceeding 120 euros, including taxes, will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
By way of evidence between the parties, the CLIENT agrees to recognize the validity and enforceability of the electronic evidence provided by FARIBOLES PRODUCTIONS.
Article 9. Delivery
The delivery methods for the PRODUCTS are provided in the "Delivery Policy" found in Annex 2 of these General Conditions, which are an integral part of the contract.
Article 10. Packaging
The PRODUCTS will be packaged in a manner that ensures their integrity during transport.
CLIENTS agree to use the same packaging procedures when returning PRODUCTS under the conditions set forth in Annex 1 – Withdrawal Policy; otherwise, they will not be entitled to a full refund if the PRODUCTS are damaged.
Article 11. Guarantees
Payment is understood to mean the effective provision of all sums owed by the customer to FARIBOLES PRODUCTIONS.
11.1. Legal Compliance Guarantee
11.1.1 – Legal Guarantees for Non-Professional Clients and Consumer Clients
Independently of the commercial warranty granted under Article 12.2.2 of these general terms and conditions of sale, the PRODUCTS sold to Non-Professional Clients and Consumer Clients benefit from the legal compliance guarantee and the warranty against hidden defects, under the following legal conditions:
• Article L.217-4 of the Consumer Code:
The seller delivers goods that comply with the contract and is responsible for defects of conformity existing at the time of delivery. They are also responsible for conformity defects resulting from the packaging, installation instructions, or installation when this has been made their responsibility under the contract or was carried out under their supervision.
• Article L.217-5 of the Consumer Code:
The good complies with the contract:
1. If it is suitable for the use normally expected of a similar good and, where applicable:
- It matches the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model.
- It presents the qualities that a buyer can reasonably expect based on public statements made by the seller, by the producer, or by its representative, notably in advertising or labelling.
2. Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any exclusive use sought by the buyer, brought to the seller's attention and accepted by the seller.
- Article L.217-12 of the Consumer Code:
The action resulting from the lack of conformity is time-barred after two years from the delivery of the good. - Article L.217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial warranty granted during the acquisition or repair of movable property, to carry out a repair covered by the warranty, any immobilization period of at least seven days will be added to the remaining warranty period. This period starts from the buyer's request for intervention or the availability of the item for repair, whichever comes later.
The guarantees provided in this Article 12.2.1 are not applicable to Professional Clients, who can only claim the warranty provided in 12.2.2 below.
11.2. Warranty for Hidden Defects
The SELLER is liable for hidden defects in the PRODUCT sold that render it unfit for the use for which it was intended, or that so diminish this use that the CLIENT would not have acquired it or would have paid a lower price if they had known of them (Article 1641 of the Civil Code).
This warranty allows the CLIENT who can prove the existence of a hidden defect to choose between a refund of the price of the PRODUCT if it is returned, or a partial refund if the PRODUCT is not returned.
If replacement or repair is impossible, the SELLER agrees to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT, in exchange for the CLIENT sending the PRODUCT back to FARIBOLES PRODUCTIONS at 6 rue Alsace Lorraine, 76160 DARNETAL.
The action resulting from hidden defects must be initiated by the CLIENT within two (2) months of discovering the defect (first paragraph of Article 1648 of the Civil Code).
Article 12. Liability
The SELLER's liability cannot be engaged in the event of non-performance or improper performance of contractual obligations attributable to the CLIENT, particularly during the entry of their ORDER or the information provided.
The SELLER cannot be held responsible for any delay or failure to perform due to a case of force majeure as defined by French law and court rulings.
Moreover, the SELLER does not control the websites directly or indirectly linked to the SITE. Therefore, they exclude all responsibility for the information published on these sites. Links to third-party websites are provided solely for information purposes, and no guarantee is given regarding their content.
Additionally, the SELLER will not be held responsible in the event of hacking of the CLIENT's connection credentials or interfaces due to information or equipment held by the CLIENT that has been stolen or hacked.
Article 13. Personal Data Protection
13.1. General Provisions
In the performance of these General Conditions, the SELLER, FARIBOLES PRODUCTIONS, collects and stores personal data of the CLIENT.
The CLIENT is informed that FARIBOLES PRODUCTIONS collects and processes the following personal data:
- Surname
- First name
- Email address
- Postal address
- Telephone number
Failure to provide personal data prevents the execution of the ORDER by FARIBOLES PRODUCTIONS.
Data collection takes place when the CLIENT fills out the registration form on the site. In addition to the ordering procedure that requires data recording, data may also be collected when a person subscribes to our newsletter from our website.
Processing Purpose
These data are collected as necessary for the execution of these general terms of sale within the framework of the execution of the ORDER. They are also collected to respond to the client’s request to subscribe to the newsletter.
Duration of Retention
Collected data will be kept for five (5) years from the date of the last ORDER.
13.2. Obligations of FARIBOLES PRODUCTIONS under data protection legislation
FARIBOLES PRODUCTIONS commits to processing said personal data in compliance with this regulation, and in this regard, undertakes to:
- Collect and process personal data only in accordance with these general terms and conditions of sale and for purposes related to their intended use.
- Preserve the security, integrity, and confidentiality of personal data when collected or recorded in the course of providing services.
- Not disclose personal data to any third party except those necessary for executing ORDERS; personal data collected may be shared with FARIBOLES PRODUCTIONS personnel and any third party involved in fulfilling the ORDER (staff, suppliers, partners, and/or subcontractors, carriers specified in this agreement). FARIBOLES PRODUCTIONS personnel and designated third parties may access and use collected personal data solely to provide the goods or services offered.
Under no circumstances will personal data be transferred to other third parties, whether gratuitously or for consideration, without the client's authorization, except as provided by law.
- Not transfer personal data outside the European Union territory except to third countries offering adequate protection levels as defined by supervisory authorities or to a subcontractor authorized by the client and signatory to standard contractual clauses established by European authorities.
- Promptly notify the client in case of data breach, loss, or unauthorized disclosure of personal data collected in the course of service use.
Any complaints regarding personal data should be addressed to the following email address: [email protected]
13.3. Right of access, rectification, and deletion of personal data
FARIBOLES PRODUCTIONS commits to processing said personal data in compliance with this regulation, and in this regard, undertakes to:
- Collect and process personal data only in accordance with these general terms and conditions of sale and for purposes related to their intended use.
- Preserve the security, integrity, and confidentiality of personal data when collected or recorded in the course of providing services.
- Not disclose personal data to any third party except those necessary for executing ORDERS; personal data collected may be shared with FARIBOLES PRODUCTIONS personnel and any third party involved in fulfilling the ORDER (staff, suppliers, partners, and/or subcontractors, carriers specified in this agreement). FARIBOLES PRODUCTIONS personnel and designated third parties may access and use collected personal data solely to provide the goods or services offered.
Under no circumstances will personal data be transferred to other third parties, whether gratuitously or for consideration, without the client's authorization, except as provided by law.
- Not transfer personal data outside the European Union territory except to third countries offering adequate protection levels as defined by supervisory authorities or to a subcontractor authorized by the client and signatory to standard contractual clauses established by European authorities.
- Promptly notify the client in case of data breach, loss, or unauthorized disclosure of personal data collected in the course of service use.
Any complaints regarding personal data should be addressed to the following email address: [email protected]
Article 14. Complaints
The SELLER provides the CLIENT with a "Customer Service Hotline" at the following number: 02.35.89.64.13 (non-premium rate number) or via email: [email protected].
Written complaints from the CLIENT should be sent to the following address: Fariboles Productions 141 Boulevard de l'Yser 76000 ROUEN FRANCE.
Article 15. Intellectual Property
The moral rights to the PRODUCTS, which constitute works under the French Intellectual Property Code, belong to FARIBOLES PRODUCTIONS.
Reproduction of the PRODUCTS is strictly prohibited and may result in legal action, either by FARIBOLES PRODUCTIONS or by the owner of the trademark represented by the PRODUCT, for which FARIBOLES PRODUCTIONS holds the rights.
Additionally, all visual and audio elements of the SITE, including the underlying technology, are protected by copyright, trademark, and/or patent law.
These elements are the exclusive property of the SELLER. Anyone who operates a website and wishes to create a direct hyperlink to the SITE must request written permission from the SELLER.
This authorization from the SELLER will not be granted on a permanent basis. The link must be removed at the SELLER’s request. Hyperlinks to the SITE that use techniques such as framing or in-line linking are strictly prohibited.
Article 16. Validity of the General Terms and Conditions
Any changes in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions, shall not affect the validity of the present General Terms and Conditions. Such a modification or decision shall in no way entitle CLIENTS to disregard these General Terms and Conditions.
The possible annulment of one or more clauses of this contract by a court decision shall not affect the remaining provisions, which will continue to have full effect as long as the general structure of the contract can be preserved.
Any conditions not expressly addressed herein will be governed in accordance with standard practices in the retail trade sector for companies whose headquarters are located in France.
The Parties intend to apply Article 1195 of the French Civil Code should this article become applicable during the execution of the CONTRACT.
Article 17. Modification of the General Terms and Conditions - Assignment - Subcontracting
17.1 Modification of the General Terms and Conditions
These General Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Terms and Conditions may be modified and updated by FARIBOLES PRODUCTIONS at any time. The applicable General Terms and Conditions are those in effect at the time of the ORDER, which the CLIENT acknowledges accepting.
Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.
17.2 Assignment - Subcontracting
Each Party has the right to assign this contract. As for the CLIENT, assignment of the CONTRACT is only possible to a non-client, in order to prevent any accumulation of potential allowed order volumes.
In the event of an assignment, the assigning Party must notify the other Party to ensure the assignment is enforceable.
Subcontracting of the services specified in the CONTRACT must be authorized by the CLIENT.
Article 18. Jurisdiction and Applicable Law
These General Terms and Conditions, as well as the relationship between the CLIENT and FARIBOLES PRODUCTIONS, are governed by French law.
In case of a dispute, only French courts will have jurisdiction.
However, before resorting to arbitration or judicial courts, the parties will prioritize negotiation in a spirit of loyalty and good faith, with the goal of reaching an amicable agreement in the event of any conflict related to this contract, including those concerning its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgment of receipt, specifying the elements of the conflict. If, after a period of fifteen (15) days, the parties fail to reach an agreement, the dispute will be referred to the competent court designated below.
During the entire negotiation process and until its conclusion, the parties agree not to initiate any legal action against each other regarding the subject of the negotiation. By exception, the parties are authorized to petition for interim relief or to request an order on an ex parte basis. Any action before the interim relief court or the initiation of an ex parte procedure does not constitute a waiver of the amicable settlement clause unless expressly agreed otherwise.
ANNEX 1
WITHDRAWAL POLICY
Right of Withdrawal
In principle, the Consumer CLIENT has the right to return or send back the PRODUCT to the SELLER or to a person designated by the SELLER.
Withdrawal Period
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
In the case where the CLIENT has ordered multiple PRODUCTS via a single ORDER resulting in multiple DELIVERIES (or in the case of an ORDER for a single PRODUCT delivered in several lots), the withdrawal period will expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
Notification of the Right of Withdrawal
To exercise the right of withdrawal, the CLIENT must notify, within the above period, their decision to withdraw through a clear statement to Fariboles Productions Cap Longpaon 6 rue Alsace Lorraine 76160 DARNETAL or [email protected].
The CLIENT may also use the form below:
WITHDRAWAL FORM
To the attention of FARIBOLES PRODUCTIONS, Cap Longpaon, 6-8 rue Alsace Lorraine, 76160 DARNETAL,
SELLER’s phone number*: 02 35 89 64 13
SELLER’s email address*: [email protected]
I hereby notify you of my withdrawal from the contract concerning the sale of the PRODUCT(s) below:
Reference of the PRODUCT(s):
Invoice number:
Order confirmation number:
- Ordered on [__________]/received on [______________]
- Payment method used:
- CLIENT’s name and, if applicable, the beneficiary of the ORDER:
- CLIENT’s address:
- Delivery address:
- CLIENT’s signature (except in cases of email submission)
- Date:
To comply with the withdrawal period, the CLIENT must send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of Withdrawal
In the event of withdrawal by the CLIENT, the SELLER agrees to refund the full amount paid, including delivery costs, without undue delay and, in any case, no later than fourteen (14) days from the day the SELLER is informed of the CLIENT's decision to withdraw.
The SELLER will issue the refund using the same payment method that the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different method. In any case, this refund will not incur any costs for the client.
The SELLER may defer the refund until receipt of the returned goods or until the CLIENT provides proof of shipment of the goods, whichever occurs first.
Return Procedures
The CLIENT must, without undue delay and, in any case, no later than fourteen (14) days after notifying the SELLER of their decision to withdraw from this contract, return the goods to: Fariboles Productions Cap Longpaon 6 rue Alsace Lorraine 76160 DARNETAL.
This deadline is met if the CLIENT returns the goods before the expiration of the fourteen-day period.
Return Costs
The cost of returning the PRODUCT subject to the right of withdrawal is borne by the Consumer Client. The transportation of returned PRODUCTS is the responsibility of the Consumer Client. Any damage to the PRODUCT, including total or partial loss, is the sole responsibility of the Consumer Client.
Condition of Returned Goods
The PRODUCT must be returned following the SELLER's instructions and must include all delivered accessories.
The CLIENT is only responsible for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT, but they may be held liable for any handling beyond what is necessary.
Exclusions from the Right of Withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market,
- Supply of goods made to the CLIENT's specifications or clearly personalized,
- Supply of goods likely to deteriorate or expire rapidly,
- Supply of sealed audio or video recordings or software that have been unsealed after delivery,
- Newspaper, periodical, magazine (except for subscription contracts),
- Provision of accommodation services other than for residential purposes, goods transportation, car rental, catering, or services related to leisure activities if the offer provides for a specific date or period of execution,
- Supply of goods that, by their nature, are inseparably mixed with other items,
- Supply of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the CLIENT after DELIVERY,
- Supply of alcoholic beverages, whose price was agreed upon at the time of concluding the sales contract, whose delivery can only be made after 30 days, and whose actual value depends on market fluctuations beyond the SELLER’s control,
- Supply of digital content not provided on a tangible medium if execution has begun with the consumer's prior express consent, and they have acknowledged that they will thereby lose their right of withdrawal,
- Contracts concluded during a public auction.
ANNEX 2
DELIVERY POLICY
Delivery area
The PRODUCTS can only be delivered within the TERRITORY defined in the general terms and conditions of sale. It is impossible to place an ORDER for a delivery address located outside of this TERRITORY. The PRODUCTS are shipped to the delivery address provided by the CLIENT during the ORDER process, located within the TERRITORY.
Shipping time
The time required to prepare an ORDER, issue the invoice, and ship PRODUCTS in stock is indicated on the SITE. These times exclude weekends and public holidays and are provided as an estimate. An email will automatically be sent to the CLIENT at the time the PRODUCTS are shipped, provided that the email address provided is correct.
Delivery Times & Costs
During the ORDER process, the SELLER informs the CLIENT of the delivery times and available shipping options for the purchased PRODUCTS. Shipping costs are calculated based on the chosen delivery method and will be paid by the CLIENT in addition to the price of the PRODUCTS.
- For professional CLIENTS: Shipping costs are billed at the actual cost. The final transportation cost will be indicated on the invoice.
- For individual CLIENTS: The transport cost is indicated before the ORDER is validated and paid. The shipping and delivery times are provided for reference only.
Delivery Methods
The package will be delivered to the CLIENT against signature and upon presentation of an identity document. In case of absence, a delivery notice will be left, allowing the CLIENT to collect the package from the location designated by the carrier if a new delivery cannot be arranged. The CLIENT agrees to comply with the transport conditions issued by the carrier selected by the SELLER.
Delivery Issues
The CLIENT is informed of the delivery date when the PRODUCT is handed over to the carrier. FARIBOLES PRODUCTIONS is responsible until the PRODUCT is delivered to the CLIENT. The CLIENT has three (3) days to notify the carrier of any damage or partial loss observed during the delivery.
The risks related to transport, including loss, theft, or damage, are the responsibility of FARIBOLES PRODUCTIONS. The CLIENT must safeguard their rights at the time of delivery by making all necessary reservations in the presence of the carrier. The CLIENT must notify the carrier of any issues within a maximum of three (3) days by registered letter with acknowledgment of receipt, in accordance with the provisions of Article L. 133-3 of the French Commercial Code. If the CLIENT does not follow this procedure, FARIBOLES PRODUCTIONS will not be held responsible for any damages to the PRODUCT.
Transfer of risks
For the Consumer CLIENT, the transfer of risks occurs:
- When the Consumer CLIENT takes possession of the PRODUCT, if FARIBOLES PRODUCTIONS selects the carrier.
- When FARIBOLES PRODUCTIONS hands over the PRODUCT to the carrier chosen by the Consumer CLIENT.