General Terms and Conditions of Sale

1. Purpose

The purpose of these general terms and conditions of sale is firstly, to inform potential consumers about the terms and conditions under which the vendor proceeds with the sale and delivery of the products ordered and secondly, to define the rights and obligations of the parties in the sale of products by the vendor to the consumer. They apply without restriction or exception to all sales, by the FIXNVIS store, of products on offer on its website.

Consequently, when any person orders a product on offer for sale on the FIXNVIS store website, this entails complete and full acceptance of these general terms and conditions of sale which the Buyer acknowledges they have familiarised themselves with prior to placing their order.

The products are offered for sale in the following geographical territory: Metropolitan France, Corsica, overseas départements and territories, Europe and Africa.

The FIXNVIS store reserves the right to modify these general terms and conditions of sale at any time.

2. Company identity

Name: FIXNVIS, a Department of CERGY-VIS
Address: 17, rue du Périgord
ZI des Béthunes
95310 Saint Ouen L’Aumône
France
Phone: +33 (0)1 34 40 88 29
E-mail: info@fixnvis.com 

3. Website access

The Buyer accepts personal responsibility for implementing the computer and telecommunciations resources to enable access to the FIXNVIS store website.

The Buyer shall pay the cost of telecommunciations for internet access and use of the website.

4. Formation of the contract and orders

4.1. Prices

The online sales price on the FIXNVIS store website, stated in Euros, are those in force at the time of registration of the order form by the Buyer.

They do not include shipping costs, which are invoiced in addition to the price of the products purchased according to the amount of the order. Shipping costs shall be stated before the order is registered by the Buyer.

 
Prices include value added tax (VAT) in force on the day of the order and any change in the applicable rate of VAT shall be automatically passed on to the price of products sold by the FIXNVIS store on its website.

Product sales prices may be changed at any time by the FIXNVIS store. The Buyer shall be informed of any such change prior to any order.

4.2. Product features

The Buyer selects one or more products from the different categories on offer on the FIXNVIS store website.

The offers presented by the FIXNVIS store are valid while stocks last. For products which are not stored in its warehouses, the offers presented by the FIXNVIS store are valid subject to availability with its suppliers.

The FIXNVIS store reserves the right to change the range of products, especially as required by considerations relating to its suppliers.

The photographs, diagrams and descriptions of products on offer for sale are for information only and are not legally binding upon the vendor.

In the event of a supplier modifying a product, the vendor cannot be held liable for the graphical representation of it, nor can this affect the validity of the sale.

4.3. Orders

All orders entail adherence, without restriction or exception, to these general terms and conditions of sale.

From the time when the Buyer registers their order by clicking on the "Confirm order" icon, they are deemed to have unreservedly accepted these general terms and conditions of sale, the prices and quantities of products on offer for sale and ordered on an informed basis.

Buyers may order:
- online
- by mail order

The Buyer's order must be confirmed by the FIXNVIS store, by e-mail.

The sale shall be deemed to be final only once the Buyer has been sent confirmation of the order by the FIXNVIS store and the latter has received payment in full.

The FIXNVIS store recommends that Buyers keep this information on a hardcopy or electronic document.
 
 
 


5. Payment

Payment shall be made by the Buyer at the time of ordering. At no time may the sums paid be deemed to be deposits or down payments.

Receipt of the full amount of the order shall be recorded by the FIXNVIS store at the time of confirmation of the order or in the event of payment by bank transfer on receipt of same.

All orders are payable in Euros.

To pay for their orders, Buyers may use any of the means of payment shown on the order form:
Online by bank card, Bank transfer, Paypal,
Paypal Express, Wexpay.
The Buyer guarantees to the FIXNVIS store that they have all the necessary authorisations to use the means of payment chosen by them when they register the order form.

The FIXNVIS store reserves the right to suspend or cancel any order and/or delivery, irrespective of its nature or state of progress, in the event on non-payment of any sum due by the Buyer or in the event of payment irregularities.

Penalties of an amount equal to the statutory interest rate plus five points shall be applicable as of right to unpaid amounts subsequent to a period of ten days after the date of invoice or immediately following notification of a refusal of payment by a bank or 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 of these terms and conditions.

The FIXNVIS store reserves the right to request a photocopy of the Buyer's ID card for all payments by bank card.

In order to combat internet fraud, information relating to your order may be passed on to any third party for verification.

6. Choice of products

The Buyer, having familiarised themselves with the products marketed by the FIXNVIS store and their characteristics, shall be deemed to have chosen the product or products in their order under their sole responsibility and according to their needs as determined prior to any order. Furthermore, since only the Buyer is aware of the products they possess and use, they shall be the sole judge of the compatibility of the products ordered with those used by them.

If they do not consider themselves to be sufficiently competent, the Buyer alone is responsible for obtaining any relevant advice.
 
 
 
 
 


7. Delivery and receipt

7.1. General rules

The products shall be delivered to the address supplied by the Buyer on the order form.

They Buyer may, at their express request, have the invoice sent to a billing address rather than to the delivery address by confirming the relevant option on the order form.

In the event of partial availability of the products, the FIXNVIS shop may have to split orders. In this case, the articles available may be sent first and the remainder of the order sent as and when all the other articles become available.

The FIXNVIS store offers ‘TNT’ or ‘COLISSIMO Suivi’ delivery services tracked by the French Post Office for delivery to its customers. Bulky items may be delivered only by carrier.

In the event of the procedures set out below not being adhered to, no claims may be made by the Buyer.

7.2. Features of La Poste 'COLISSIMO Suivi' tracked delivery system

Delivery shall be made to the Buyer at their home by their postman. In the event of absence, the Buyer or recipient of the product ordered shall receive a non-delivery notice from the postman, enabling them to collect the products ordered from the nearest post office within a period of two weeks.

It is the Buyer's responsibility to check, in the presence of the postal worker or deliverer, the condition of the packaging of the goods and contents on delivery.

Should the Buyer have any doubt of any form whatsoever as to the condition or content of their package they shall:
- apply the Colissimo procedure (specifically notifying any damage, claims and reservations) and refuse the goods by issuing an anomaly report to the postal worker immediately (report 170).
- inform the FIXNVIS store of these incidents.
 
7.3. Features of the TNT system
 
The buyer has the choice between TNT "Home delivery" and TNT "Parcel Depotâ".
 
- TNT "Home Delivery":
This service is open for dispatches from Monday to Friday, with deliveries from Monday to Saturday.
For Metropolitan France: delivery to the buyer's home, the day following dispatch, between 8am and 1pm.
Outside Metropolitan France: see article 7.4 "delivery times"
Packages are handed over in person and signed for.
In the event of absence, the package shall be automatically delivered to the nearest Parcel Depotâ. TNT shall leave a non-delivery notice and the buyer shall receive a text message or e-mail informing them of the location of their package.
 
 
 
- TNT "Parcel Depotâ" (not available abroad):
A network of 3800 Parcel Depotsâ in Metropolitan France.
This service is open for dispatches from Monday to Friday, with deliveries from Monday to Saturday.
Delivery to the Parcel Depotâ chosen by the buyer, the day following dispatch.
TNT shall send the buyer a text message or e-mail informing them that their package has been delivered to a Parcel Depotâ.
The package may be collected from 5pm onwards, during the opening hours of the chosen store.
Packages are handed over upon presentation of ID (identity check and signature).
No financial transaction shall be made on collection at a Parcel Depotâ.
If the buyer has not presented themselves within 10 days, the package shall automatically be returned to the retailer.
 

7.4 Delivery times

The average delivery times from departure from the FIXNVIS store warehouse are as follows:
 
Metropolitan France:
- Post Office tracked COLISSIMO service: 48-72 hours.
- TNT: 24 hours.
- Carrier: 3-5 days
 
Overseas départements and territories:
COLISSIMO: D+5 - D+7 (working days)
TNT: D+3 - D+7 (working days)
 
Abroad:
COLISSIMO: D+4 - D+8 (working days)
TNT: D+1 - D+7 (working days)
 


These times are given for information purposes only.

No delay shall give entitlement to compensation, reduction or cancellation of the order by the Buyer.

In all events, in accordance with the provisions of article L 121.20.3 of the Consumer Code, the products ordered shall be delivered within a maximum of thirty days following the day on which the Buyer places their order, subject to full payment of the price.

Failing delivery at the end of this period, the Buyer may cancel their order. The sums paid by the Buyer shall then be refunded immediately, with no other compensation due.


 
In the event of late delivery with respect to the date initially arranged, the Buyer must inform the FIXNVIS store in writing (letter, fax or e-mail) in order to improve the quality of service which may be offered to them and enable the FIXNVIS store to proceed with an enquiry with the carrier.

An enquiry with the carrier may take up to 21 working days. If, during this period, the product is found, it shall be immediately re-dispatched to the place of delivery indicated on the order form.

However, if the product ordered is not found by the end of this 21-day enquiry period, the FIXNVIS store shall proceed at its own expense with dispatching a new set of products ordered by the Buyer.

Should the product ordered no longer be available, the provisions in article 8 shall apply. In the event of an exchange of products, delivery costs shall be borne by the consumer.

7.5. Quality and conformity issues

In the event of delivery of a product which does not correspond to the order (faulty or non-conforming), the Buyer must make any claim within 7 days of signing the delivery slip.

Claims shall be made by registered letter with acknowledgement of receipt to the address shown in paragraph 2 of these terms and conditions, and shall include the following information:
- the name and address of the Buyer.
- the product references.
- the reasons for the claim.

The products shall be returned within seven working days following allocation of a return number by the FIXNVIS store customer service.

Failing this, the FIXNVIS store shall not proceed with any exchange or refund of the products ordered.

Any product to be exchanged or refunded shall be returned to the FIXNVIS store in its original condition and packaging and include all parts of the product and its accessories.

Shipping costs shall be borne by the buyer.

All risks relating to the product shall be borne by the Buyer.

In the event of the procedures set out above and the given periods not being adhered to, no claims may be made by the Buyer for non-conformity or patent defects in the products delivered, the products being deemed to be conforming and free from any patent defect,

8. Availability of products
 
 
 
 
In the event of the product ordered not being available, the FIXNVIS store shall inform the Buyer as soon as possible.

In accordance with the provisions of article L121.20.3 of the Consumer Code, the FIXNVIS store may in this case supply another product of equivalent quality and price.

Should the FIXNVIS store not exercise this right, the Buyer shall be refunded immediately and at the latest within thirty days of payment of the sums tendered.
     This clause is not binding with regard to professional customers.


9. Right of Withdrawal

In accordance with article L121-16 of the Consumer Code, the Buyer shall have a cooling-off period of seven clear days from receipt of the order to return the products ordered for refund, at their own expense.

The products shall be returned to the FIXNVIS store in perfect condition for resale, in their original condition (packaging, accessories, instructions for use, etc.), duly sealed and accompanied by the invoice corresponding to the purchase.

If the product includes a warranty slip or any other document to be filled in, this must not have been filled in if the buyer is to exercise their right of withdrawal.

Any product which is incomplete, damaged, spoiled or with its original packaging damaged, shall not be refunded or exchanged.

Exercise of the right of withdrawal shall give rise to a cash refund by recrediting the bank card used during the original order, or if this is not possible, by cheque letter.
This clause is not binding with regard to professional customers.


10. Reserve of ownership

The FIXNVIS retains full and complete ownership of the products sold until complete payment of the principal price plus fees and taxes.

11. Guarantee

Certain products benefit from a manufacturers' guarantee, the general terms and conditions of which vary from supplier to supplier. The general terms and conditions and duration of the guarantee are available on the FIXNVIS store website. The buyer is assumed to have consulted and accepted these terms and conditions.

Any return of a product with respect to the aforementioned guarantee shall take place with the prior agreement of the FIXNVIS store. To this end, the Buyer shall contact the FIXNVIS store's after sales service.


 
No return shall be accepted without the prior authorisation of the FIXNVIS store.


Defective products shall be returned in their original packaging, including the entire product and its accessories.

Any product which is incomplete, damaged, spoiled or with its original packaging damaged, shall not be taken back or exchanged under the guarantee.

All costs and risks relating to the return of the product shall be borne by the Buyer.

Products under guarantee shall be exchanged or repaired at the discretion of the manufacturer.

With respect to hidden defects which may affect the products delivered, the FIXNVIS guarantees the Buyer only that they shall replace defective products, or parts preventing them from being used. They may not be deemed by the Buyer to be liable for any detrimental consequences which the hidden defects may have had.

In all events, the following are not covered by the guarantees:

- replacement of consumables
- abnormal or inappropriate use of the products
- damage which is specifically mentioned in the product fact sheets
- faults and their consequences arising from intervention by the Buyer or a repairer that is not approved by the FIXNVIS store
- faults and their consequences arising from inappropriate use for which the product is not intended (professional, collective use, etc.)
- products with a specific assistance or maintenance contract

12. Liability

The products on offer with the FIXNVIS store comply with current French legislation.

The FIXNVIS store cannot be held liable for non-performance of the contract in the event of products being out of stock or unavailable, force majeure circumstances, industrial action or partial or general strike, in particular in the postal service and transport and/or communications services.

The FIXNVIS store cannot be held liable for any indirect damage which may occur due to the purchase of the products.

The FIXNVIS store declines all liability in the event of loss of data or files. It is the Buyer's responsibility to proceed with any necessary backups.

The FIXNVIS store cannot be held liable for total or partial impossibility to use the products, particularly due to incompatibility of equipment. No compensation or refund shall be due in this respect.


 
The FIXNVIS store website also contains information from third parties, and links to other websites. The FIXNVIS store declines all liability for damage arising from the use, access or inability to use this third party information and/or content on other websites.

13. Partial non validity

If one or more of the stipulations in these general terms and conditions of sale are deemed to be non valid or declared to be so in application of a law or regulations, or due to the final ruling of a competent tribunal, the other stipulations shall remain in force with the same scope.

14. Non waiver

Should either of the parties not act on the default of the other party in respect of any of the obligations referred to in these general terms and conditions of sale, this shall not constitute a permanent waiver of the obligation concerned.

15. Applicable law

Sales of products by the FIXNVIS store are subject to French law.

16. Data Protection

The information collected by the FIXNVIS store during the course of any order by the Buyer is required to manage their order by the FIXNVIS store and its commercial partners. In accordance with the French Data Protection law 78-17 of January 6, 1978, the Buyer has the right to access, rectify, oppose and delete the data concerning them held by the FIXNVIS store.

Through the FIXNVIS store, the Buyer may receive commercial offers from other organisations or companies, or be informed of the FIXNVIS store's offers. If the Buyer does not wish to receive these offers, they may inform the FIXNVIS store of their decision by letter.
© 2016 CERGY VIS. All rights reserved. Creation: WebArtStudio / Graphic design: Sophie Martin-Provain