GENERAL TERMS AND CONDITIONS OF SALE OF THE OFFICIAL FANAVENUE.COM STORE
1- PURPOSE
These general terms and conditions of sale (hereinafter the “GTC” or “General Terms and Conditions of Sale”) apply to any sale of products and items concluded on the website uts.fanavenue.com (hereinafter the “Website”), the exclusive property of FanAvenue S.A.
FANAVENUE, Customer Service – 11 rue de la Cotterie – Z.A Casablanca – 40230 Saint Vincent de Tyrosse – France – Tel.: + 33 (0) 5.58.58.52.00
Fan Avenue is a limited liability company (Société à Responsabilité Limitée), with share capital of €10,000, registered with the Dax Trade and Companies Register (R.C.S. Dax) under SIRET number 449 393 370 (hereinafter “FanAvenue”).
The purpose of the GTC is, on the one hand, to define the rights and obligations of the parties in the context of the sale of products (hereinafter the “Products”) by FanAvenue to the consumer (hereinafter the “Customer”) as presented on the Website and, on the other hand, to inform any potential Customer of the conditions and modalities under which FanAvenue carries out the sale and delivery of the Products ordered by the Customer. The GTC apply without restriction or reservation to all Products offered for sale by FanAvenue on the Website.
FanAvenue reserves the right to modify these GTC at any time and without prior notice. However, the applicable General Terms and Conditions of Sale are those in force at the time the Customer places the Order.
The Customer declares and acknowledges that he/she has the legal capacity to enter into contracts for the products offered for sale by FanAvenue on its Website and that, prior to any Order validation, he/she has read and accepted the rights and obligations arising from these GTC.
Any Order placed by the Customer on the Website implies the full and unreserved acceptance by the Customer of these GTC, which he/she acknowledges having read prior to placing any Order.
The sale of Products on the Website is strictly reserved for retail sales to individual consumers.
Under no circumstances may the Website be used by professional reseller Customers, whether acting alone or jointly, regardless of the channel through which they market their products. The Customer acknowledges and accepts that the Products may only be purchased in quantities corresponding to the average needs of a consumer, both with regard to the number of products ordered in a single order and the number of individual Orders placed for the same product, each respecting the usual quantities of an average consumer. FanAvenue reserves the right to refuse any order that is clearly placed by a professional reseller Customer.
2- DESCRIPTION AND CHARACTERISTICS OF THE PRODUCTS
The Customer may select one or more products from among those offered for sale on the Website.
Prior to any Order and in accordance with Article L.111-1 of the French Consumer Code, the Customer may consult on the Website the description and essential characteristics of the Products sold by FanAvenue. The photos, videos and animations associated with the Product sheets are provided for information purposes only.
3- PRICE
General provisions
The prices of the Products available for sale on the Website are indicated in euros, all taxes included, including value-added tax (VAT) applicable on the date of the Order. Prices do not include the eco-contribution amount or the preparation and shipping fees, which are invoiced in addition to the price of the ordered products. Shipping costs are indicated prior to any Order validation by the Customer. FanAvenue reserves the right to modify Product prices at any time. However, the Customer will be informed, and the Products will be invoiced based on the prices in force at the time of Order confirmation. The prices apply within the framework of distance selling.
In the case of an Order to a country other than mainland France, the Customer is considered an importer and customs duties or other local taxes, import duties or state taxes may be payable. These duties and amounts are not the responsibility of FanAvenue. They will be borne by the Customer and are his/her sole responsibility, both in terms of declarations and payments to the competent authorities and/or organizations in the Customer’s country. The provisions of the French General Tax Code, particularly those relating to VAT, will apply.
Sales – Promotions – Promotional codes
All promotional offers are valid for the period defined in the offer and sales organized by FanAvenue are valid for the legal duration in force. Promotions and sales apply only to marked items.
Promotional codes and vouchers apply to the pre-tax amount of the Order or, as the case may be, of one of the products in the Order, excluding shipping costs. Promotional codes and vouchers cannot be combined with each other unless otherwise stated. They cannot be exchanged for their monetary value. They are personal, non-transferable and may only be used once by the Customer when validating his/her Order. The expiry date of each voucher and the terms and conditions of use are specified on the document given to the Customer (voucher sent by email to the address provided by the Customer or paper voucher handed to the Customer).
To benefit from a discount linked to a promotional code or voucher, the Customer must enter the reference in the field reserved for this purpose when placing the Order. In the event of omission, FanAvenue will not be able to cancel the Order or resubmit it to apply said promotion.
Any fraudulent use or use contrary to the spirit of the promotion of a promotional code will render said code null and void.
4- ORDER
The Customer may place an Order as follows:
By mail
The Customer may send his/her Order to the registered office of FanAvenue on plain paper to the address of the registered office of FanAvenue, 11 rue de la Cotterie, ZA Casablanca, 40230 Saint Vincent de Tyrosse, specifying the desired delivery address.
On the Website online store
The Customer may enter his/her Order directly on FanAvenue’s online store, after opening an account and specifying the desired delivery address. By clicking the { I buy } button (or associated symbol), the Customer confirms that the product is added to his/her Order, then by ticking the { I accept the general terms and conditions of sale } option in the Order summary, which is the only action that enables the { Complete my order } button, the Customer declares that he/she has read and fully and unreservedly accepts all of these GTC. Finally, by clicking the “Complete my Order” button in the Order summary, the Customer definitively confirms his/her Order.
By telephone
The Customer may place his/her Order from Monday to Friday, from 9 a.m. to 6 p.m., by calling 05 58 58 52 00 at the cost of a local call (rate depending on the operator). FanAvenue will open the account for the Customer and record the Customer’s order, asking the Customer to specify and confirm the delivery address.
Prior to validating his/her Order, the Customer has the opportunity to check the details of the prospective Order and to correct any errors.
The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale before placing the Order. Validation by the Customer, regardless of how the Order was placed, therefore constitutes acceptance of said General Terms and Conditions of Sale.
Without prejudice to the Customer’s right of withdrawal, the Order may no longer be cancelled by the Customer and the sale shall then be final.
A summary of the Order information and the General Terms and Conditions of Sale will be communicated to the Customer by any appropriate means, in particular by sending an Order confirmation email to the address indicated by the Customer when validating the Order. An email will also be sent when the Order is dispatched. This information is also available in the Customer’s online account.
FAN AVENUE reserves the right to suspend or cancel the execution of any Order and/or delivery in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website.
5- PRODUCT AVAILABILITY
Product offers are valid while they are visible on the Website and subject to stock availability. Despite all the care taken by FanAvenue in managing its stock, an item may become unavailable between the time the Order is placed and delivery. In this case, the Customer will be informed by email and/or by telephone as soon as possible of the total or partial unavailability of the ordered products and of the total or partial cancellation of his/her Order. In the event of total unavailability, the Order will be fully refunded. In the event of partial unavailability, the Customer’s bank account will be debited for the full amount of the Order, the Customer will receive the available products and will be refunded the price of the unavailable product(s) as soon as possible and, at the latest, within 30 days of full payment of the Order.
6- LEAD TIMES
The delivery times indicated by FanAvenue may vary depending on the destination and the delivery method chosen by the Customer and do not include weekends or public holidays. These are average lead times calculated based on product availability and the delivery times associated with the delivery method chosen by the Customer which, in the event of restocking, includes the receipt date of the products indicated by FanAvenue’s supplier. In the event of exceeding the delivery deadline, the Customer may decide to cancel his/her order under the conditions set out herein.
7- DELIVERY
Products are shipped from Monday to Friday inclusive, excluding weekends and public holidays, to the delivery address indicated by the Customer. FanAvenue delivers throughout mainland France (including Monaco and Corsica) as well as to the French overseas departments and territories and to the rest of the world. A delivery note summarizing the products actually present in the parcel(s) is systematically included in the parcel and is also available in the {My Account} area of the FanAvenue online store. The Customer is informed of the dispatch of his/her Order by email, which summarizes the name of the carrier and the parcel number as well as a link to the carrier’s online tracking system.
Delivery by La Poste
Delivery of the parcel to the letterbox at the address indicated by the Customer generally within two (2) to five (5) working days for an address located in mainland France (including Monaco and Corsica) as well as in the French overseas departments and territories, and within 2 days to 3 weeks for the rest of the world depending on the destination. Recording of the delivery information by La Poste’s information system constitutes proof of delivery. If delivery is impossible to the letterbox, La Poste reserves the right to make several attempts at delivery to the address indicated by the Customer. It may take the initiative to deliver the parcel to any person present at that address, including a caretaker or concierge who agrees to accept it. If delivery is impossible, the parcel is held at the location indicated on the attempted delivery notice. The Customer has approximately ten (10) days to collect the parcel. After this period, the parcel is automatically returned to FanAvenue, which reserves the right to re-invoice the Customer for the transport costs for a new delivery.
Delivery to a collection point
Parcel available at the collection point at the address indicated by the Customer generally within two (2) to five (5) working days for an address located in mainland France (including Monaco and Corsica). Recording of the delivery information by La Poste’s information system constitutes proof of delivery. The Customer must present a valid ID document to collect the parcel. The Customer has approximately ten (10) days to collect the parcel. After this period, the parcel is automatically returned to FanAvenue, which reserves the right to re-invoice the Customer for the transport costs for a new delivery.
Delivery by carrier
Delivery of the parcel against signature within one (1) to three (3) working days. Parcels are handed over to any person present at the designated address, without FanAvenue being able to verify that the identity of the person present matches the name of the recipient designated by the Customer in his/her Order. Should delivery be impossible due to the absence at the delivery address indicated by the Customer of a person able to sign the delivery slip, the parcels are automatically returned to FanAvenue under the conditions provided for by the carrier. In this case, FanAvenue reserves the right to re-invoice the Customer for the transport costs for a new delivery. Delivery shall be deemed to have been made as soon as the product has been made available to the Customer by the carrier, as evidenced by the carrier’s control system.
Shipping and handling charges
The contribution to preparation and shipping costs is inclusive of all taxes and amounts to €6.50 including VAT for mainland France. A surcharge will be applied for shipments to Corsica, Monaco, the French overseas departments and territories. Transport rates outside mainland France are displayed at the time of Order validation according to the selected delivery country.
Transfer of risk and ownership
The Customer or the Order recipient is invited to check the apparent condition of the parcel and products upon delivery.
Risk is transferred upon delivery of the goods; however, the products remain the property of FanAvenue until full payment of the price and all associated costs relating to the Order has been received. Receipt of the transported goods extinguishes any claim against the carrier for damage or partial loss if, within three days, excluding public holidays, following such receipt, the recipient has not notified the carrier by extrajudicial act or registered letter of a reasoned protest. FanAvenue can in no case be held liable for damage occurring during transport if the Customer transports the goods by his/her own means.
Lost parcel
If, five (5) working days after the parcel is dispatched, the Customer has no news of his/her Order, he/she must contact FanAvenue, which will open an investigation with the carrier. If the parcel is definitively declared lost (final response generally within three (3) weeks maximum), FanAvenue will inform the Customer and immediately arrange for the Order to be re-delivered.
8- PAYMENT
The currency of payment is the Euro and no other currency is accepted. Full payment is due at the time of Order. Payment is made by bank card, cheque, bank transfer, PayPal or any other payment method explicitly accepted by FanAvenue in the Order confirmation.
Payment by bank card
In the case of payment by card, the Customer’s bank account will be debited after FanAvenue has sent the Order confirmation. Only Carte Bleue, Visa, Eurocard and MasterCard cards are accepted by FanAvenue. The Customer guarantees that he/she is fully authorized to use the bank card and that this card gives access to sufficient funds to cover all costs resulting from the Order. FanAvenue’s online store uses one of the most efficient security systems currently available. To secure Internet payments, FanAvenue has not only adopted the SSL (Secure Socket Layer) encryption process, but also uses a digital certificate to strengthen the encryption and scrambling mechanisms in order to protect, as effectively as possible, all sensitive data related to means of payment.
Combating bank card fraud
FanAvenue reserves the right to verify the personal data provided by the Customer and to take any measures deemed necessary to check that the person whose bank account is debited is indeed the person who placed the Order, in order to avoid any fraudulent payment. This verification may take the form of a request for proof of identity and/or address and/or banking documents (bank account details or cancelled cheque). If the Customer fails to respond to such a request within five (5) days following the request made by FanAvenue, the Order concerned will be automatically cancelled. FanAvenue also reserves the right to proceed with direct cancellation of any Order that presents one or more risk factors for the fraudulent use of a bank card.
Payment by any other means
In the case of payment by cheque, bank transfer, PayPal or any other method authorized by FanAvenue, delivery lead times begin to run only from the effective date of receipt of the payment or, where applicable, the deposit, by FanAvenue.
9- INVOICING
Invoices are regularly issued by FanAvenue based on deliveries made. Once the Order has been validated, the invoice is sent to the Customer at the email address previously provided to FanAvenue. In the event of a dispute regarding an invoice, whether before or after delivery of the corresponding Order, FanAvenue reserves the right to suspend the customer account until the disputed situation is resolved and to suspend preparation of any pending Orders, even if such Orders have not been disputed by the Customer.
10- WARRANTY
In accordance with the provisions of the French Consumer Code and the French Civil Code, all products sold on the Website benefit from the legal warranty of conformity (as defined in Articles L.217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code). Application of these warranties enables the Customer to return, at no cost, products that are delivered defective or non-compliant.
Legal warranty of conformity
The legal warranty of conformity is defined as follows by the French Consumer Code:
Article L.217-4: “The seller shall deliver goods that are in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.”
He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when such installation is his responsibility under the contract or has been carried out under his responsibility.
Article L.217-5: “The goods conform to the contract:
1° If they are suitable for the use ordinarily expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.”
Article L.217-12: “Actions resulting from a lack of conformity are time-barred after two years from the delivery of the goods.”
Warranty against hidden defects
The warranty against hidden defects is defined as follows by the French Civil Code:
Article 1641: “The seller is bound by a warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish such use that the buyer would not have acquired it, or would have paid a lower price for it, had he known of them.”
Article 1648: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be discharged from apparent defects or lack of conformity.”
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It is recalled that, under the legal warranty of conformity, the Customer, as a consumer:
The legal warranty of conformity applies independently of any commercial warranty that may cover the goods. It is recalled that the consumer may decide to implement the warranty against hidden defects in the item sold, within the meaning of Article 1641 of the French Civil Code, and that, in such a case, he/she may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the French Civil Code. |
Under the legal warranty of conformity and according to the choice made by the Customer, FanAvenue undertakes to:
- replace the product with an identical product, subject to availability in stock, or alternatively
- refund the price of the product if replacement proves impossible.
Under the legal warranty against hidden defects and according to the choice made by the Customer and after assessment of the defect, FanAvenue undertakes to:
- refund the full price of the returned product, or alternatively
- refund part of the price of the product if the Customer decides to keep the product.
11- WITHDRAWAL – RETURN – CANCELLATION – REFUND
The Products sold on the Website benefit from a “satisfied or refunded” clause for fourteen (14) days from the date of receipt of the Products by the Customer, without the Customer having to justify his/her decision, in accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code.
Right of withdrawal
The Customer may exercise his/her right of withdrawal in accordance with the provisions of the French Consumer Code and by using the form attached in the Appendix to these GTC; he/she is free to choose either an exchange of the returned Product(s) or a refund.
If the Customer opts for a refund of his/her Order, the request will only be processed after the seller has received the returned Product(s). In all cases, only the price of the returned product(s) and the delivery costs will be refunded. The refund will be made by crediting the means of payment chosen by the Customer at the time of payment. The refund period granted to the seller shall not exceed 14 days from the date the returned Product(s) are received by FanAvenue. Return shipping costs are borne by the Customer.
If the Customer has exercised his/her right of withdrawal within the fourteen (14) day period from the date of receipt of the Order and if the products have been used or damaged, FanAvenue reserves the right to claim damages as compensation for the loss suffered as a result of such use or damage.
Refund or exchange
A Customer exercising the right of return is free to choose either an exchange of the returned Product(s)
If the Customer opts for an exchange of the item(s) in his/her Order, he/she must return the undesired product(s) at his/her own expense. The request will only be processed after the seller has received the returned product(s). The Customer must explicitly specify the item(s) requested in exchange as well as the size. If the amount of the new Order is higher, the Customer will have to pay the difference. If the amount of the exchanged Order is lower, FanAvenue will issue a refund by crediting the means of payment chosen by the Customer at the time of payment, within a period of less than 15 days. The timeframe for sending the new item(s) by the seller shall not exceed 15 days from the date of receipt of the parcel. The seller will bear the cost of the second shipment.
The Products must be returned in perfect condition for resale, properly protected in their original packaging, with all accessories, user manuals and documentation. From the date of receipt of the products, FanAvenue has a period of thirty (30) days to inspect the products, validate the procedure, exchange the product for an identical one, offer a product of the same value or approve the refund.
It is the Customer’s responsibility to liaise with his/her bank to check, confirm and validate the refund, as FanAvenue has no control over events occurring after the payment order has been transmitted to its own bank.
12- AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE
In application of the provisions of Article L.221-28 of the French Consumer Code, certain products cannot be subject to the right of withdrawal, in particular “audio or video recordings or computer software”.
With regard to computer software specifically, such software remains the exclusive property of the manufacturer and its licensor. No transfer of ownership may therefore take place for the software. Only a license to use is granted. The user may not, in any form, assign, sublicense, disclose or lend the software for a fee or free of charge, nor reproduce it. FanAvenue, acting as an intermediary, cannot be held liable for the content of CD-ROMs, DVD-ROMs or software produced by the various publishers. The Customer must take all necessary measures to protect his/her own data, software and computers against virus contamination that may circulate on the Internet or be contained in software sold by FanAvenue, which cannot be held liable for any damage that may be suffered by the Customer as a result of computer viruses.
13- RETENTION OF TITLE
FanAvenue retains ownership of the products sold until effective payment of the full price, including all costs, taxes and compulsory contributions.
14- PERSONAL DATA
As data controller, FanAvenue collects Customers’ personal data. This personal data is necessary for managing the Order. The purposes, recipients and conditions under which FanAvenue collects and processes the Customer’s personal data are detailed in the “Personal data” and “Cookies” policies available on the Website.
15- EVIDENCE
The Customer acknowledges and accepts that the data recorded in FanAvenue’s IT systems and those of its partners, such as carriers entrusted with shipping the products to the Customer, or the data recorded by the banking services used by FanAvenue, constitute proof of all transactions concluded between FanAvenue and the Customer. FanAvenue systematically confirms to the Customer the Orders placed based on this data.
16- CUSTOMER SERVICE – MEDIATION
The Customer may contact FanAvenue’s Customer Service for any additional information, any question relating to Order tracking or a return, or any complaint relating to the Order. The Customer may contact FanAvenue’s Customer Service by telephone on: 05.58.58.52.00 (cost of a local call in France depending on the operator), Monday to Friday excluding public holidays, from 9:00 a.m. to 6:00 p.m., or by email at fans@fanavenue.com.
In accordance with the provisions of the French Consumer Code regarding the amicable settlement of disputes, FanAvenue adheres to the e-commerce Mediator Service of the FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr.
In the event of a complaint not resolved amicably by FanAvenue’s Customer Service and after a prior written approach has been made to FanAvenue, the Customer may refer the matter to the Mediator Service for any consumer dispute whose resolution has not been successful. To find out how to refer the matter to the Mediator: http://www.mediateurfevad.fr/index.php/espace-consommateur/.
The European Commission has set up an Online Dispute Resolution platform, which facilitates the independent, out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
17- LIMITATION OF LIABILITY
The photographs and texts reproduced and illustrating the products presented by FanAvenue in its catalogues and commercial proposals are not contractual. The Customer is invited to refer to the description of the Product characteristics as stated on the Website. Consequently, FanAvenue’s liability cannot be engaged in the event of any error in one of these photographs or one of these texts. FanAvenue’s liability cannot be engaged for simple errors or omissions that may have persisted despite all the precautions taken in the presentation of the products.
18- SEVERABILITY
If any provision of these GTC is held to be illegal or unenforceable by a court decision, the other provisions shall remain in effect. Thus, the nullity, invalidity, lack of binding force or unenforceability of any provision of these GTC shall not entail the nullity, invalidity, lack of binding force or unenforceability of the other provisions, which shall retain their full effect. However, the parties may mutually agree to replace the invalidated provision(s). In all cases, no derogation from these GTC shall be accepted without the express prior agreement of FanAvenue.
19- HEADINGS
The headings of the articles contained herein are provided for reference only. They may not be used to interpret, limit or modify these GTC.
20- APPLICABLE LAW AND JURISDICTION
These GTC are governed by French law. This applies to both substantive and procedural rules.
THE FRENCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTE RELATING TO THE GENERAL TERMS AND CONDITIONS OF SALE, IN PARTICULAR AS REGARDS THEIR VALIDITY, INTERPRETATION, PERFORMANCE OR TERMINATION, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS, INCLUDING FOR SUMMARY OR CONSERVATORY PROCEEDINGS BY APPLICATION OR MOTION.
21- PERSONAL DATA PROTECTION POLICY
Policy available on this page.
APPENDIX: MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of: FanAvenue Customer Service – 11 rue de la Cotterie – Z.A Casablanca – 40230 Saint Vincent de Tyrosse – France – or by email to fans@fanavenue.com.
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Ordered on ___________(*) / received on ____________(*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.