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Identification of the company:

Fabuleuse Factory SARL
63 rue Daguerre
75014 Paris
France

Tel : + 33 (0)9 54 46 22 29

E-mail : contact@fabuleuse-factory.com

FR 40 529 462 061

Web site development and hosting:

Rentashop

Copyright:

Fabuleuse Factory is a registered trademark © 2011 Fabuleuse Factory. All Rights Reserved.

Photos by Stéphane Kovalsky and Germain Suignard.

 

General Terms and Conditions

Purpose

The purpose of these General Terms is to define the rights and obligations of the parties in the context of on-line selling of products proposed on www.fabuleuse-factory.com (hereinafter referred to as the "Site") by Fabuleuse Factory.

The customer declares that the purchase of said product is not in direct connection with his professional activity, such purchase being reserved for his personal use only.

Moreover, the customer declares that he has the legal capacity to enter into this Agreement.

1. Acceptance and duration

The customer acknowledges, before placing the order, that he has read all these General Terms.

The offers proposed on the Site shall be valid as long as the products related thereto are on line and while stock last.

2. Products

The customer is advised when placing the order on the availability of the product(s). However, if the product becomes unavailable after the confirmation of the order, the customer will be notified as soon as possible.

In case of unavailability beyond 30 days of product ordered and paid, buyer will be notified by email. The cancellation of the order of this unavailable product and its refund will be made as soon as possible.

The photographs illustrating the products are reproductions as accurate as possible, but are not contractual. Customer should consult the description of each product to know the main features.

3. Price

Products prices are indicated in Euros, inclusive of VAT. These prices do not include the packing and shipping costs which are extra. Said costs will be indicated in the confirmation of the order.

The amount in Pounds, US dollars or in any other currency is the current rate of the concerned currency at the time of the payment.

The applicable prices are the prices posted on the Site at the time of purchase. Any variation of the VAT applicable rate may affect the sale price of the products.

In the event of delivery outside the EU, the customer will have to pay for customs duties or VAT or any other taxes due to the import of products in the country of delivery. The customer is solely responsible for the formalities related thereto unless otherwise specified. The customer is solely responsible for checking whether the products ordered can be imported under domestic law in the country of delivery.

The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site upon placement of the order. Ownership of products remains to Fabuleuse Factory until complete payment.

4. Order

Order taking and confirmation

Any order form signed by the customer by an "approval click" shall constitute an irrevocable commitment which can only be challenged in the cases restrictively listed in this Agreement in Section 6 "Delivery" and Section 7 "Right of withdrawal".

The contract shall only be effective upon Fabuleuse Factory’s confirmation of the order.

The customer will receive an acknowledgement of receipt by e-mail to confirm the order including an order form with the list of ordered products, price, date of delivery, shipping costs.

Fabuleuse Factory reserves its right not to confirm the order for any reason whatsoever, in particular for any problem of products procurement or any problem concerning the received order.

Invoice

After order payment the invoice will be issued by Fabuleuse Factory. The customer shall indicate the address where the invoice is to be sent.

Computer-based registers, recorded in the computer system of Fabuleuse Factory in reasonable conditions of security shall be deemed to be the evidence of the communications, orders and payments that have occurred between the parties.

5. Payment

The price is payable upon placement of the order.

The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent.

The customer shall pay for his order by credit card, or using PayPal payment solution if the customer has a PayPal account, or by bank transfer.

When approving the order form, the customer warrants Fabuleuse Factory that he has all authority needed to use such a method of payment.

The order will be considered effective only when the bank payment centers have given their approval. In case of refusal, the order will be canceled and the customer notified by e-mail.

For his payment by credit card, the customer is automatically transferred to the secure server of the bank.

At no time the bank details of the customer pass on the computer system of Fabuleuse Factory.

6. Delivery

Fabuleuse Factory offers several means of delivery, according to the products ordered.

For products in stock, after order confirmation and payment validation, Fabuleuse Factory will do its best to send the product (s) to the carrier at the earliest opportunity.

For products that are not in stock, Fabuleuse Factory indicates an estimated shipping date on the Site.

The order will be fulfilled within the period indicated on the Site and within 30 days following the confirmation of the order at the latest, subject to the limit of available stock and unless otherwise agreed.

If the product ordered is not available or is out of stock, Fabuleuse Factory undertakes to inform the customer as soon as possible and to indicate a replenishment time.

The customer may, at its option, wait for the availability of the product or obtain a refund and shall inform Fabuleuse Factory by e-mail.

Products are delivered to the address indicated by the customer in the order form.

In case of error in the delivery address of the customer, Fabuleuse Factory can not be held responsible for failure to deliver the product.

Delivery shall be deemed to have been made when the products are delivered to the carrier.

Shipping methods and delays

Small / light parcels will be delivered by International Colissimo shipping service.

Large / bulky items will be delivered by courier service, inside France only.

Shipment costs are communicated for every order whilst placing the order.

Outside European Union, customs duties and local taxes will be borne by the recipient.

Customer's absence for delivery

In the event of the customer's absence at the time of the delivery, the carrier will leave a notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier's instructions.

If after the period indicated by the carrier, the customer has not collected the products, the products will be returned to Fabuleuse Factory which reserves its right to refund to the customer the price of the products, the postage costs remaining payable by the customer.

Responsability of the customer

During the withdrawal period mentioned hereunder in Section 7, the customer shall be liable for the product. If the product is damaged or destroyed during the customer's custody, this latter will bear all the consequences thereof.

The customer shall check the content, the conformity and the condition of the package and product(s) upon delivery.

If the customer notes any damage of the package he shall reject it or issue handwritten, precise and dated reservations sent to the carrier and to Fabuleuse Factory within two (2) working days following the delivery date of the products.

Return of damaged / faulty products

Customer will systematically check the conformity of products received at the arrival of the package and make a claim to the carrier in case of missing product or damaged package.

Any anomaly concerning the delivery (damaged or missing product, product not in accordance with the order) must imperatively be notified no later than within two (2) working days of receipt of the package by e-mail at : contact@fabuleuse-factory.com

After this period, all claims will be barred and Fabuleuse Factory relieved of all liability.

Fabuleuse Factory requires the customer to return the defective or non-compliant product and will proceed to either exchange or refund.

The customer agrees to return said product(s) to Fabuleuse Factory within seven (20) working days of receipt under the condition that they be sent in their original state and packaging. Upon receipt of the product in good and due form, Fabuleuse Factory will replace at its expense, the product initially ordered, or refund it within seven (7) working days.

7. Right of withdrawal

Under the Consumer Protection (Distance Selling) Regulations, the customer has a right of withdrawal, that enables him to return his order within forteen (14) working days of receipt of the products.

Returns & refunds policy on products that aren't damaged:

The customer has to contact Fabuleuse Factory within 48 hours of receiving his order to request a return or exchange. Any product returned must be sent in its original packaging, in the condition in which it has been received, shall neither has been used, nor suffered any damage.

The customer will be asked to send the product back by traceable post at his own expense to the address below:

Fabuleuse Factory
63 rue Daguerre
75014 Paris
France
 

Fabuleuse Factory will not be responsible for any returned products that are lost in transit.

The customer will be refunded within seven (7) days from return of the order.

Fabuleuse Factory reserves the right not to refund or exchange if the product is not returned intact in its original packaging or is returned without prior authorization.

8. Warranty

In order to avoid any trouble, products are carefully verified by Fabuleuse Factory before their shipment. However, the customer shall be entitled, for all defective products, to a contractual warranty subject to compliance with the recommendations for use enclosed with the products or posted on the Site.

Said warranty does not cover damages or dysfunctions due to non compliance with directions for use of the product.

To implement the warranty, the customer shall contact Fabuleuse Factory by e-mail at : contact@fabuleuse-factory.com

9. Personal information

All information provided by the customer will be treated securely and strictly in accordance with the Data Protection Act.

Fabuleuse Factory will not pass on the customer details to any third party unless the customer gives permission to do so.

The personal information requested from and related to the customer is essential to process and ship his order, to issue invoices. This information may be provided to the suppliers of Fabuleuse Factory.

The customer may object to such disclosure pursuant to Act dated January 6 1978, and exercise its right of access, correction and deletion of the information related to him by writing to Fabuleuse Factory at : contact@fabuleuse-factory.com

10. Intellectual property

Fabuleuse Factory owns the intellectual property right upon the Site and the right to display the elements of the catalog of products, in particular the photographs for which it has obtained the necessary authorizations from the concerned persons.

Consequently, total or partial reproduction of the elements contained in the Site or the catalog of products on any medium whatsoever, the use of such elements and the fact to make them available to third parties are strictly prohibited.

11. Severability

Should one or several clauses of these General Terms be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.

12. Non renunciation

Any one or more failure by Fabuleuse Factory to enforce any provision of this Agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.

13. Force majeure

It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law in France, total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet.

Should a case of force majeure occurs, the fulfillment of the order will in a first step be suspended.

If after a period of 30 days, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.

14. Litigation

This Agreement is governed by the French Law.

THE PARTIES AGREE THAT, IN THE EVENT OF A DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT FOLLOWING OR IN APPLICATION OF THIS AGREEMENT, AND IF NO AMICABLE SETTLEMENTS WERE REACHED, THE COMPETENT JURISDICTION WILL BE THE COURTS OF THE REGISTERED OFFICE OF FABULEUSE FACTORY.

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