Scope of Application
These general terms and conditions of sale apply exclusively to current and future commercial relations between topmors.fr and its customers. The photos representing our products are not contractual. Any modification to these terms of sale remains possible but does not entail retroactivity.
Prices and Orders
All prices indicated on our site include VAT and are valid at the time of order placement. They are considered net, excluding shipping costs. Delivery costs are extra for all orders. Prices are subject to change at any time at our sole discretion. They may vary due to exceptional events beyond our control. In such a case, we would be obliged to apply the prices resulting from these changes.
By confirming your order, you accept all of these general terms and conditions of sale made available on the site and acknowledge having perfect knowledge of them, thereby waiving the right to rely on any contradictory document, and notably your own general terms and conditions of sale. This confirmation, as well as all the data we have recorded, will constitute proof of our transactions.
Payment
Payment is due on the order date. You can pay by credit card, offering maximum security guarantees.
Delivery
Our packages are shipped between 1 and 3 days (France) (Colissimo by La Poste).
Delivery is made to the address you provided when placing your order. Shipments are made from Monday to Friday (except public holidays).
From the date on which the ordered products have left our premises, the risks will be at your expense.
Delivery times are indicative only unless, exceptionally, we have committed to a specific delivery date.
A confirmation email is sent to you at the time your order is shipped after the package(s) have been deposited with the postal services.
We cannot be held responsible for delays not met by the carrier. Exceeding delivery times cannot give rise to damages and interest.
Returns and Refunds
We guarantee the quality and good condition of all items we send. You have a right of withdrawal of 7 clear days from the receipt of the goods. Reshipment costs remain at your expense. For any item return, send your packages to:
fouilhoux-fontainebleau.fr
Eric Fouilhoux
17, passage Ronsin
77300 FONTAINEBLEAU
France
Our goods always travel at the buyer's risk, regardless of the mode of transport and delivery conditions.
The customer is responsible for checking the condition of the goods at the time of delivery by the carrier or postal services and, in case of damage or missing items, for noting reservations on the carrier's delivery slip or the post office's acknowledgment of receipt and confirming within 48 hours by registered letter to fouilhoux-fontainebleau.fr. Claims that are not made in writing within 3 working days following the delivery date will be considered late and cannot be taken into consideration.
Only defective returned merchandise that reaches us in its original condition, unused, and after verification and acceptance by us in our stores, will be accounted for replacement. Any used product will not be refunded.
Item Availability
Product offers are valid within the limits of available stock.
Unavailable items are only removed from our display if the shortage is reported as permanent by our suppliers (out of stock).
In the event of a temporary stockout for goods not out of stock with the supplier, the order may be sent in two stages: a first shipment with the available goods, a second shipment after restock, without additional cost to the customer.
Warranty against Hidden Defects and Liability
In the event that the products we have delivered have a hidden defect, we may, at our option, eliminate this defect or replace the defective product with another.
If we do not wish to eliminate this defect or replace the defective item, or if we are unable to do so, or if we cannot do so within the deadlines due to elements beyond our control or our doing, you may, at your choice, return it to us for a refund of the price and return costs, or ask us for a reduction in the selling price.
The products offered comply with current French legislation. We undertake to exercise all care customary in the profession for the implementation of the service offered to the customer.
Nevertheless, our responsibility cannot be held in case of failure to meet our contractual obligations due to an unforeseen event or a case of force majeure such as, and without limitation, catastrophes, strikes, fires, equipment failure or breakdown, means of transport, communication, or due to our actions.
Furthermore, our responsibility will not be engaged in case of delay due to a stock shortage, nor in case of error in the presentation of products on our site, the photographs, texts or illustrations representing the products not being contractual.
Retention of Title
The delivered goods shall remain the property of fouilhoux-fontainebleau.fr – Eric Fouilhoux until all your obligations have been fulfilled, until full payment of the price, in accordance with law n° 90325 of May 12, 1980.
Personal Data Protection
Some of the information requested from you, indicated as such, is necessary to process and execute your order or improve our services.
The processing of this personal data is carried out in compliance with the Data Protection Act of 06/01/1978. You have a right to access and rectify your personal data. To do so, simply contact us by email at ericfouilhouxsellier@free.fr.
Your contact details may be partially transmitted to our partners or service providers to best ensure the processing of your orders and deliveries. Their use is limited solely to the execution of these services.
Applicable Law and Competent Jurisdiction
These general terms and conditions of sale are subject to French law. All disputes relating to the commercial relationship between you and us are subject to the exclusive jurisdiction of French courts.
Service Interruption and Liabilities
topmors.fr disclaims all liability:
In case of interruption of fouilhoux-topmors.fr for technical maintenance operations or updating of published information. In case of temporary inability to access topmors.fr due to technical problems, regardless of their origin and source. In case of direct or indirect damages caused to the user, whatever their nature, resulting from the content, access, or use of topmors.fr.
Editing and Hosting
topmors.fr is edited by Eric Fouilhoux.
topmors.fr is hosted by OVH