Copyright © FAMASCARPE 2023
Copyright © FAMASCARPE 2023
In accordance with the provisions of the Articles 6-III and 19 of the Law n°2004-575 of June 21st, 2004 for the Confidence in the digital economy, known as L.C.E.N., it is brought to the knowledge of the users and visitors, here in after the "User", of the site famascarpe.com, hereinafter the "Site", the present legal mentions. The connection and the navigation on the Site by the User implies full acceptance and without reserve of the present legal notice. These last ones are accessible on the Site in the heading " Legal mentions ".
The edition of the Site is ensured by Famascarpe SASU, registered in the Trade and Companies Register of Paris B under the number 951989763 whose head office is located at 60 Rue François 1er, e-mail address : contact@famascarpe.com. Intracommunity VAT number : FR47951989763.
The host of the Site is Cloudways Ltd, whose registered office is located at 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta.
The Site is accessible everywhere, 7 days a week, 24 hours a day, except in cases of force majeure, scheduled or unscheduled interruption and which may result from a need for maintenance. In case of modification, interruption or suspension of the Site, the Editor could not be held responsible.
The site is exempted from declaration to the National Commission for Information Technology and Civil Liberties (CNIL) insofar as it does not collect any data concerning the users. Any use, reproduction, distribution, marketing, modification of all or part of the Site, without the authorization of the Editor is prohibited and may result in legal action and prosecution as provided for in particular by the Code of Intellectual Property and the Civil Code.
These General Terms and Conditions of Sale (here in after referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers" or "Client"), wishing to acquire the products offered for sale ("Products") by the Seller on the website www.famascarpe.com. The Products offered for sale on the site are the following: shoes. The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.famascarpe.com which the customer is required to take note of before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to availability, as specified when the order is placed. These GTC are accessible at any time on the site www.famascarpe.com and will prevail over any other document. The Customer declares to have taken knowledge of the present GCS and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order of the site www.famascarpe.com. Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer. The coordinates of the Seller are as follows: Famascarpe, SASU Registered with the RCS of Paris B, under the number 951989763 60 Rue François 1er Email: contact@famascarpe.com Intracommunity VAT number FR47951989763 The Products presented on the site www.famascarpe.com are offered for sale in the following territories: Europe: Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom. Americas: Argentina, Canada, Chile, Colombia, United States and Mexico. Asia: China (including Hong Kong & Taiwan), India, Japan, Malaysia, Philippines, Singapore, South Korea and Thailand. Middle East : Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, Turkey and the United Arab Emirates. Oceania: Australia and New Zealand. Africa: South Africa, Egypt, Morocco and Mauritius. In case of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be due. They will be charged to and are the sole responsibility of the Customer.
The Products are supplied at the prices in force appearing on the site www.famascarpe.com, at the time of the recording of the order by the Salesman. The prices are expressed in Euros, exclusive of tax and VAT. The prices take into account possible reductions which would be granted by the Salesman on the site www.famascarpe.com. These prices are firm and non revisable during their period of validity but the Seller reserves the right, out of validity period, to modify the prices at any time. The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
It is up to the Customer to select on the site www.famascarpe.com the Products he wishes to order, according to the following modalities: The Customer chooses a Product which he puts in his basket, Product which he will be able to remove or modify before validating his order and accepting the present general conditions of sale. He will then enter his details and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions. The offers of Products are valid as long as they are visible on the site, within the limits of available stocks. The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error. Any order placed on the site www.famascarpe.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The Customer may follow the progress of his order on the site.
The price is paid by secure payment, according to the following modalities: payment by credit card. The price is payable in full by the Customer on the day the order is placed. However, the Customer may, when this possibility is indicated on the site www.famascarpe.com, pay according to the following conditions and schedule: Payment in 3 installments spread over 3 months without charge with Klarna. In this case, in the event of late payment and payment of the sums due by the Customer beyond the deadlines set out above, and after the date of payment shown on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount including VAT of the purchase price shown on the said invoice, will be automatically and automatically acquired by the Seller, without any formality or prior notice. Late payment shall result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller may take against the Customer in this respect. In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer. The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider intervening for the banking transactions carried out on the site www.famascarpe.com. Payments made by the Customer shall only be considered final after the Seller has received the amounts due. The Seller shall not be bound to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
The Products ordered by the Customer will be delivered in Metropolitan France or in the following zones Europe: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Spain, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Czech Republic, Slovakia Republic, Slovakia, Slovenia, Spain, Sweden and Switzerland. Americas: Argentina, Canada, Chile, Colombia, Mexico and the United States. Asia: China (including Hong Kong & Taiwan), India, South Korea, Japan, Malaysia, Philippines, Singapore and Thailand. Middle East : Bahrain, Saudi Arabia, Kuwait, Oman, Qatar, Saudi Arabia, Turkey and the United Arab Emirates. Oceania: Australia and New Zealand. Africa: South Africa, Egypt, Morocco and Mauritius. Deliveries are made within 4 days to 1 month to the address indicated by the customer when ordering on the site. The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once. The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. If the Products ordered have not been delivered within 45 days after the indicative delivery date, for any reason delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the at the written request of the Customer in the conditions foreseen in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will be then restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention. The deliveries are ensured by an independent carrier, at the address mentioned by the Customer at the time of the order and to which the carrier will have easy access. If the Customer has chosen a carrier, the delivery is deemed to have been made as soon as the delivery shall be deemed to have taken place as soon as the Products ordered are handed over by the Seller to the carrier who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility The Customer therefore acknowledges that the carrier is responsible for making the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported. In the event of a specific request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, based on a prior estimate. The Customer shall be responsible for verifying that the goods are in good condition and that the goods are in good condition and that they are in good condition. The Customer is required to check the condition of the products delivered. The Customer has a period of 15 days from the delivery to make claims by e-mail: contact@famascarpestore.com, accompanied by all related documents (photos in particular). After this period and in If these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller. The Seller shall refund or replace, as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects will have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these GTC. those provided for in these GTC. The transfer of the risks of loss and deterioration relating thereto shall only be made when the Customer takes physical Customer takes physical possession of the Products. The Products shall therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
According to the terms of Article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good." The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GCS. The returns are to be made in their original state and complete (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not accepted. The cost of return will be charged to the Customer. The exchange (subject to availability) or refund will be made within 30 days of receipt by the Seller of the Products returned by the Customer under the conditions provided in this article. All orders placed on our site are final and cannot be cancelled without charge within 45 days of the order date. If you choose to cancel your order before the expiry of this 45-day period, cancellation fees will apply. These charges are calculated as follows: 35% of the total amount of your order. This cancellation fee covers the costs of preparing your order and is non-refundable. To cancel your order, please contact our customer service department by e-mail. After the 45-day period has expired, you may cancel your order free of charge. Please note that this cancellation policy is in accordance with local consumer protection laws. If you have any questions about our cancellation policy, please contact our customer service department. We're here to help.
The Products supplied by the Vendor benefit from: the legal guarantee of conformity, for defective, damaged or not corresponding to the order, the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use, Provisions relating to legal guarantees Article L217-4 of the Consumer Code "The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility. Article L217-5 of the Consumer Code "The goods are in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, if applicable : - if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L217-12 of the Consumer Code "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods." Article 1641 of the Civil Code. "The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them. Article 1648 paragraph 1 of the Civil Code "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. Article L217-16 of the Consumer Code. "When the buyer asks the seller, during the course of the commercial guarantee which was granted to him the purchase or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention. In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery. The Seller will refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective. Shipping charges will be refunded at the invoiced rate and return shipping charges will be refunded upon presentation of receipts. Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as defective will be made as soon as possible and at the latest within 14 days following the days following the finding by the Seller of the lack of conformity or hidden defect. This refund can be made by bank transfer or check. The responsibility of the Seller cannot be engaged in the following cases: non respect of the legislation of the country in which the products are delivered, which it is up to the Customer to check, in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure. The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller. The Seller's warranty is, in any case, limited to the replacement or refund of the Products that do not conform or are affected by a defect.
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the delivery of the Products. These personal data are collected only for the execution of the sales contract. 9.1 Collection of personal data The personal data that are collected on the website www.famascarpe.com are the following: Order of Products: When ordering Products by the Customer: Name, first name, postal address, telephone number and e-mail address. Payment Within the framework of the payment of the Products offered on the site www.famascarpe.com, this one records financial data relating to the bank account or the credit card of the Customer / user. 9.2 Recipients of personal data Personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products. The category or categories of co-contractors is (are) : Transport providers , Payment institution providers 9.3 Data controller The data controller is the Seller, within the meaning of the French Data Protection Act and as of May 25, 2018 of the Regulation 2016/679 on the protection of personal data. 9.4 limitation of processing Unless the Customer expresses his express consent, his personal data shall not be used for advertising or marketing purposes. 9.5 Data retention period The Seller shall retain the data thus collected for a period of 5 years, covering the time of the statute of limitations of the applicable contractual civil liability. 9.6 Security and confidentiality The Seller implements organizational, technical, software and physical measures in the field of digital security in order to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet. 9.7 Implementation of the rights of Customers and users In application of the regulations applicable to personal data, Customers and users of the site www.famascarpe.com have the following rights: They can update or delete the data concerning them in the following way: by sending a request by e-mail: contact@famascarpe.com.. They can delete their account by writing to the e-mail address indicated in article 9.3
The content of the site www.famascarpe.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
The present GTC and the operations which result from it are governed and subjected to the French law. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
For any complaint, please contact the customer service department at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these GTC. The Customer is informed that he can in any case have recourse to a conventional mediation, with the existing sectorial mediation authorities or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute. In this case, the designated mediator is FEVAD, 60 rue la Boétie, 75008 Paris, www.fevad.com. The Customer is also informed that he can, also resort to the platform of Online Settlement of the Disputes (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show. All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the courts of competent jurisdiction under the conditions of common law.
The publishing of the site www.famascarpe.com is ensured by the Company SASU Famascarpe, registered with the RCS of Paris B under the number 951989763, whose head office is located at 60 Rue François 1er E-mail address: contact@famascarpe.com. The Director of the publication is : Sadji Riyad Number of intracommunity VAT : FR47951989763 The host of the site www.famascarpe.com is the company Cloudways Ltd, whose head office is located at 1st Floor Sqaq Lourdes, St Julians STJ3334, Malta.
The site www.famascarpe.com allows the User a free access to the following services: The website offers the following services: distance selling on general catalog, sale of clothing, accessories, shoes. The site is accessible free of charge in any place to any User having an access to Internet. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at the User's expense.
The site is exempt from declaration to the Commission Nationale Informatique et Libertés (CNIL) as it does not collect any data concerning Users.
The brands, logos, signs and all the contents of the site (texts, images, sound...) are protected by the Intellectual Property Code and more particularly by the copyright. The User must request prior authorization from the site for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the site in a strictly private context; any use for commercial or advertising purposes is strictly forbidden. Any total or partial representation of this site by any process whatsoever, without the express permission of the operator of the website would constitute an infringement punishable by Article L 335-2 and following of the Code of Intellectual Property. It is recalled in accordance with Article L122-5 of the Code of Intellectual Property that the User who reproduces, copies or publishes the protected content must cite the author and its source.
The sources of the information published on the site www.famascarpe.com are deemed reliable but the site does not guarantee that it is free of defects, errors or omissions. The information communicated is presented as an indication and general without contractual value. Despite regular updates, the site www.famascarpe.com cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in this site. The site www.famascarpe.com cannot be held responsible for any viruses that may infect the computer or any computer equipment of the Internet user, following use, access or downloading from this site. The responsibility of the site cannot be engaged in the event of force majeure or the unforeseeable and insurmountable fact of a third party.
Hypertext links may be present on the site. The User is informed that by clicking on these links, he will leave the site www.famascarpe.com. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.
The User is informed that during his visits to the site, a cookie may be automatically installed on his browser. Cookies are small files that are temporarily stored on the hard drive of the User's computer by your browser and are necessary for the use of the www.famascarpe.com website. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, others remain. The information contained in the cookies is used to improve the www.famascarpe.com site. By browsing the site, the User accepts them. However, the User must give his consent to the use of certain cookies. In the absence of acceptance, the User is informed that certain functionalities or pages may be refused. The User may deactivate these cookies by using the settings in his or her browser software.
French law applies to this contract. In the event of failure to resolve a dispute between the parties amicably, the French courts will have exclusive jurisdiction. For any question relating to the application of the present GCU, you can join the editor to the coordinates registered in the ARTICLE 1.