Terms of sale
Definition :
"Customer" means any natural person of legal age who is a consumer or non-professional.
"Products" means all products offered for sale on the merchant website https://fontodevivo.myshopify.com/en and its sub-domains.
"Site " : means the Internet Site https://fontodevivo.myshopify.com/en and its sub-domains operated by FONTO DE VIVO.
"Order" means the sales contract concluded between FONTO DE VIVO and the Customer concerning the Products offered on the Site, paid on the day of the Order and delivered during the month of October 2022.
By " FONTO DE VIVO " : means the simplified joint stock company FONTO DE VIVO, with a capital of € 27880, located at 21 rue Louis Pasteur 44119 TREILLIERES FRANCE, registered at the RCS of Nantes under the number SIRET 831 059 993 00053, intracommunity VAT number : FR49831059993.
"General Terms and Conditions of Use": refers to the general terms and conditions of use that apply to all Customers accessing the Site, also referred to as the "Customer Terms and Conditions".
"General Terms and Conditions of Sale": refers to the General Terms and Conditions of Sale that apply to all sales concluded between FONTO DE VIVO and the Customers, also referred to as "GTC".
Article 1 : Application, opposability, modifications of the General Sales Conditions
The present General Conditions of Sale apply to all the sales concluded by FONTO DE VIVO with consumers, wishing to acquire the products proposed to the sale via the Website https://fontodevivo.myshopify.com/en
In this capacity, he has specific rights detailed in the Consumer Code. Consequently, the provisions of the CGV do not apply to the professionals. FONTO DE VIVO reserves the right to refuse or to cancel any Order of a Customer proving to be a professional and in particular a professional retailer.
Any purchase of the products via the web site in view of their resale is prohibited.
Any derogation or contrary clause will be valid only if it has been accepted expressly and in writing by FONTO DE VIVO.
The fact that FONTO DE VIVO does not prevail itself at a given moment of any of the present General Conditions of Sale cannot be interpreted as being worth renunciation to prevail itself later of any of the aforementioned conditions.
The Customer declares that he/she has the legal capacity to enter into a contract.
The present General Conditions of Sale applicable are those in force at the time of the Order and of the acceptance of the present GCS. FONTO DE VIVO reserves the right to modify the Terms and Conditions at any time.
Article 2 : Creation of the personal account
In order to place an Order on the Site, the Customer must first create a personal account according to the modalities defined in the General Conditions of Use of the site which can be consulted under this link https://fontodevivo.myshopify.com/en/policies/terms-of-sale
When the Customer wishes to place a new Order, he/she must first identify himself/herself by entering his/her login and password.
Article 3: Placing an Order
3.1 The Customer places his/her Order in accordance with the process in force on the Site and confirms the Order summary. They may place their Orders via their Personal Account.
3.2 The Customer must select the Product(s) chosen, which can be seen in the "Shopping Cart" section.
A summary of the Order, known as the "Basket", will be available for consultation at any time and will include all the details of the Order, in particular the Product(s), quantities, unit price, any discounts, payment method, delivery method and total amount of the Order, including delivery costs.
The sales contract is validly formed when, having entered their e-mail address and password, the Customer has placed their Order (1st click), has been able to read and accept the GTCS, has checked the content of their Order (all the Products they wish to purchase and the price), has corrected any errors and has confirmed it by clicking a second time, in accordance with the provisions of articles 1125 to 1127-3 of the French Civil Code.
If the Customer does not accept the General Terms and Conditions of Sale, they will not be able to finalise their Order.
Customers have the option of cancelling their order or exchanging the products ordered within 14 days of receiving the products, in accordance with the terms and conditions set out in article 16 of these General Terms and Conditions of Sale.
In accordance with article L.221-14 of the French Consumer Code, any Order confirmed by the second click implies an obligation on the part of the Customer to pay.
Article 4 : Order Confirmation
The Customer will receive by email from FONTO DE VIVO, an acknowledgement of receipt confirming the Order which summarizes the Order made by him and the corresponding invoice (billing address, delivery address, Products ordered, price, method of payment, method and cost of delivery).
Article 5: Customer information
5.1 The offers contained on the Site are valid for as long as the relevant Products remain online and while stocks last, and for all deliveries made within the territory of France. For any order to be sent to a foreign country, the Customer is invited to contact customer services.
In the event of an Order for a Product that has become exceptionally unavailable, the Customer will be informed of this unavailability as soon as possible, by e-mail or telephone. The Customer will have the option of either choosing a selected replacement Product, waiting for the Product ordered or cancelling his/her Order; in the latter case, the sums paid will then be refunded as soon as possible, without being able to exceed 14 days from the date of the decision to cancel.
5.2 Each Product is the object of a photo and a description on the product sheet which includes the essential characteristics of the Product and possibly the specific information and mentions imposed by the law. FONTO DE VIVO takes its best care to provide photographs and descriptions of the Products that are as accurate as possible.
The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
The Customer acknowledges having been informed, prior to placing his/her Order, in a legible and comprehensible manner, of these General Terms and Conditions of Sale, of all the information and details referred to in article L.221-5 of the French Consumer Code, and in particular :
- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned ;
- the price of the Products and ancillary costs (e.g. delivery);
- in the absence of immediate execution of the contract, the date or deadline by which FONTO DE VIVO undertakes to deliver the Product;
- the information relative to the identity of FONTO DE VIVO, to its postal, telephone and electronic coordinates, and to its activities, if they do not appear from the context,
- the information relative to the legal and contractual guarantees and their modalities of implementation;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the cost of returning Products, cancellation procedures and other important contractual conditions.
Article 6: Prices-Methods of payment
6.1 Prices are expressed in euros, inclusive of all taxes. The price guaranteed to the Customer is that shown on the Site at the time of the Order. The price is firm and definitive.
In addition to the price of the Product, the Customer must pay the delivery costs, determined according to the delivery method chosen, the geographical zone concerned and the weight of the parcel, which are indicated before the Order is validated by the Customer during the basket summary (second click).
6.2 An invoice will be sent to the Customer when the Products are dispatched.
Payment of the full price shall be made as soon as the Order is placed. Customers shall pay for their Orders by credit card using the "Payplug" system.
6.3 For the security of the payments, FONTO DE VIVO uses the "Payplug" payment service providers. The Customer will be redirected to the online payment page, provided by the service provider.
The data are encrypted in a totally secure environment, the banking data are not transmitted to FONTO DE VIVO. The Customer confirms that he is the holder of the credit card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Order cannot be validated.
FONTO DE VIVO shall not be held responsible for the fraudulent use of the client's credit card by any third party.
6.4 FONTO DE VIVO reserves the property of the sold products until the complete payment of the price, VAT and transport costs included.
6.5 The possible promotional codes communicated to the Customer will be usable only once for the same postal address and the same name and surname. They cannot be combined with other discount offers.
Article 7: Delivery
7.1 Delivery method
The Products are directly delivered by FONTO DE VIVO to the Customer at the delivery address specified by the Customer on his personal space. The shipment of the Product is made as soon as FONTO DE VIVO has received the payment.
The delivery is made by colissimo at home under a maximum delay of 15 days from the order.
The Customer is informed that the delivery can be partial, that is to say that the Products can be delivered in several times, without additional expenses for the Customer.
7.2 Late delivery
In accordance with article L216-2 of the French Consumer Code, in the event of FONTO DE VIVO's failure to deliver the Product within the aforementioned period, except in the case of force majeure as defined in article 1218 of the French Civil Code, the Customer may cancel the Order, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having requested FONTO DE VIVO to deliver the Product within a reasonable additional delay, FONTO DE VIVO has not done so within this delay.
The Order shall be considered cancelled upon receipt by FONTO DE VIVO of the letter or writing informing FONTO DE VIVO of such cancellation, unless FONTO DE VIVO has performed in the meantime.
The Customer can immediately cancel his order when FONTO DE VIVO refuses to deliver the Product ordered or when it does not execute its obligation to deliver the Product within the agreed time and this time constitutes for the Customer an essential condition of his Order. This essential condition results from the circumstances surrounding the placing of the Order or from an express request from the Customer prior to the Order.
In these cases, FONTO DE VIVO will reimburse the Customer for the totality of the sums paid, at the latest within fourteen days following the date on which the Order was cancelled.
In case of incomplete address, wrong address or non withdrawal of the parcel within the time limit set by the Customer or any other lack of information about the place of delivery, FONTO DE VIVO will not be held responsible for the non delivery.
In the same way, in case of absence of the Customer, FONTO DE VIVO will not be responsible for any prejudice that the Customer could allege.
In case of error of delivery address, problem of accessibility to the place of delivery, or any other problem leading to the necessity to make a new delivery, this last one will be the object of an invoicing of the expenses of delivery corresponding to the cost of the first sending, being understood that only the payment of these additional expenses will allow the new delivery.
7.3 Receipt
Any anomaly concerning the reception of the parcel (damage, missing product compared to the Order, damaged products...) will have to be imperatively communicated to the customer service of FONTO DE VIVO (coordinates in article 12) in the 5 working days following the delivery date, exposing the aforementioned complaints, by indicating its Order number and by bringing any useful proof.
In case of non-conforming delivery, FONTO DE VIVO will refund or replace the product according to the procedure described in article 8 below.
Article 8 : Guarantees of non-conformity and hidden defects
The Products proposed by FONTO DE VIVO are in conformity with the legislation and the French applicable standards.
"The consumer has a period of two years as from the delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
"Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to this digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
"The legal guarantee of conformity requires the trader, where applicable, to provide any updates necessary to maintain the conformity of the goods.
"The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience to him.
"If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension to the initial guarantee.
"If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal conformity guarantee is renewed for a period of two years from the date on which the good is replaced.
"The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if :
"1° The trader refuses to repair or replace the goods;
"2° The goods are repaired or replaced after a period of thirty days;
"3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;
"4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring the goods into conformity.
"The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious that it justifies immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to first request the repair or replacement of the goods.
"The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.
"Any period of immobilisation of the goods with a view to their repair or replacement suspends the guarantee that remained in force until delivery of the repaired goods.
"The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
"Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
"Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund if the goods are returned.
In order to assert his rights, the Customer must contact FONTO DE VIVO's customer service, in writing, clearly expressing his wish to activate the guarantee, indicating the defect and specifying the number of the Order.
FONTO DE VIVO will proceed to the return of the Product in question. To do so, the Customer must send the Product to the address that FONTO DE VIVO will specify.
The Product will have to be returned in the state in which it was received with all the elements (accessories, packaging,...).
FONTO DE VIVO will refund totally or partially or will replace the Products under guarantee judged not in conformity or defective, as soon as possible following the observation by FONTO DE VIVO of the defect of conformity or the hidden defect. The expenses of return will be reimbursed on presentation of the justifications to the condition that the Product is recognized affected of a hidden defect or a defect of conformity.
The guarantee of FONTO DE VIVO is, in any case, limited to the replacement or the total or partial refunding of the Products not in conformity or affected by a defect.
The sending for exchange or refund is at the risk of the Customer, if the Customer sends it in simple mail not followed, FONTO DE VIVO cannot be held for person in charge in case of non reception of the Product.
The responsibility of FONTO DE VIVO will not be engaged in the following cases in case of bad use, bad maintenance, wear, denaturation or natural degradation of the Products.
Article 9 : Proof
The computerized registers, preserved in the computer systems of FONTO DE VIVO under reasonable conditions of safety, will be regarded as the evidence of the communication, the Sales Order and the payments intervened between the parts.
The filing of the Orders and the invoices is carried out on a reliable and durable support being able to be produced as proof.
Article 10 : Force Majeure
FONTO DE VIVO will be exonerated from any responsibility when it will have been prevented from executing all or part of its obligations, notably in terms of deadlines, due to a case of force majeure. The parties agree that bad weather, war, epidemics, natural disasters, drought, floods, strikes or lack of manpower will be assimilated to cases of force majeure, except when such assimilation is prohibited by legal provisions of public order.
FONTO DE VIVO will notify the Customer of the occurrence of such a fortuitous event or force majeure within 7 days from the date of occurrence of the event.
Article 11 : Property reserve
FONTO DE VIVO will keep the property of the delivered Products until complete payment of the price, the payment being understood by the effective cashing of this price and not by the handing-over of a title creating an obligation to pay.
However, the transfer of risks takes place as soon as the Products are received. Throughout the period of retention of title, the Customer, as custodian of the Product, is responsible for any damage or loss occurring after delivery.
Article 12: Customer relations - After-sales service
For any information, question or complaint, the Customer may contact from Monday to Friday (excluding public holidays), from 9:00 am to 12:00 pm and from 2:00 pm to 5:00 pm (CET)
Email address: commande@fontodevivo.com
Tel: +33 6 59 53 07 81
Article 13: Personal data - telephone canvassing
For all information concerning the use of personal data and the cookies policy, the Customer is invited to consult the Privacy Policy by clicking here: https://www.fontodevivo.fr/politique-de-confidentialite/
To remedy the proliferation of unwanted telephone canvassing by consumers, the Hamon consumer law of 17 March 2014 created a telephone canvassing opposition list in the Consumer Code. Consumers can join this list free of charge: www.bloctel.gouv.fr . FONTO DE VIVO, like any professional is prohibited from canvassing people registered on this list.
Article 14 : Applicable law - Attribution of jurisdiction
In the event of litigation, the Customer must address in priority to the customer service of FONTO DE VIVO in order to find a friendly solution. In the absence of solution in the 20 days which follow its request, the Customer has the possibility of seizing free of charge the mediator of the consumption to which belongs the professional, namely the Association of the European Mediators (AME CONSO), within one year as from the written complaint addressed to the professional.
Referral to the Consumer Ombudsman must be made :
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
- or by post addressed to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.
In the absence of amicable agreement, the litigations to which the operations of purchase and sale concluded in application of the present General Conditions of Sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which would not have been able to be solved between FONTO DE VIVO and the Customer will be subjected to the competent courts according to the rules of common law.
Article 15 : Nullity - Tolerance
If any of the provisions of these Terms and Conditions were to be nullified, this nullity would not entail the nullity of the other provisions which will remain in force between the Parties.
The fact that FONTO DE VIVO does not take advantage at a given moment of any of the present General Conditions cannot be interpreted as a renunciation to take advantage at a later time of any of the said conditions.
Article 16: Right of withdrawal
For any purchase made on the Site, the Customer has the right to cancel his/her Order in accordance with article L.221-18 of the French Consumer Code, within a maximum period of 14 clear days from receipt of the last Product "i.e. when the Customer takes possession of the Product or a third party other than the carrier". They may also cancel their Order from the time of the Order and throughout the period prior to delivery of the Product.
If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The Customer informs FONTO DE VIVO of his intention to cancel the Order by means of a declaration without any ambiguity or by means of the form appearing at the end of the present GCS, by e-mail or by registered letter with acknowledgement of receipt addressed to FONTO DE VIVO's customer service. In case of sending by e-mail, FONTO DE VIVO will send without delay an acknowledgement of receipt by e-mail.
This right is exercised without penalty.
The Product will have to return in the state it was at the moment of the reception and its original packing. The Product must not have suffered any depreciation and must not have been soaked in water, damaged or deteriorated. Any Product that has been damaged, deteriorated or put in water will not be eligible for retraction.
Before sending the parcel back to FONTO DE VIVO, the Customer must register his return request with the customer service (in accordance with the above-mentioned provisions).
The Customer is in charge of sending back the Product. The costs of return are chargeable to the Customer according to the rates proposed by the Post Office.
In the event of loss or damage to the parcel, the Customer shall bear full responsibility.
Within a maximum period of fourteen (14) days from the return of the Product(s) by FONTO DE VIVO, the Customer will be reimbursed for the payments received, including delivery charges. The refund, without any additional cost, will be made by the same means of payment that the Customer used for the initial transaction, unless the Customer agrees to a different means.
CANCELLATION OF ORDER
(Please complete and return this form only if you wish to withdraw from the contract).
To the attention of FONTO DE VIVO, 21 rue Louis Pasteur 44119 Treillières FRANCE
Email: commande@fontodevivo.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below:
Ordered on (*)/received on (*):...............................................
order number or invoice number:..........................
Name of consumer(s):.................................................
Address of customer(s):..............................................
Signature of the consumer(s) (only in the case of notification of this form on paper): ............................................
Date:..............................
I am aware that no refund will be made if the purifier is put into water before being returned.
(*) Delete as appropriate