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General Terms of Sale

Read the Familib General Terms of Sale
Familib General Terms of Sale

FAMILIB® is a registered and protected trademark which the Customer has no authorization to use.

Article 1. Terminology.

"FAMILIB": a limited liability company with a capital of 10,000 euros, registered in the Trade and Companies Register of MELUN under the number 522 938 919, whose head office is located at 6, rue de l'Abreuvoir in HERICY (77850), VAT number: FR73 522 938 919 00019 - APE 7729Z.

"The Site": this is the website www.familib.com on which FAMILIB offers Products for sale.

"Products": these are the products that you can order through the Site.

"Customer": it is the consumer who places an order on the Site and who, in doing so, declares and guarantees to fulfil all the following qualities and conditions:

The customer has the legal and financial capacity to contract;

The customer does not buy the Products and sell them on a professional basis;

The customer is fully entitled to use the payment card for the payment of the order and in particular has at the validation of the order, the necessary permissions to use this payment method.

Article 2. Steps to order on the site.

2.1 Customer account.

For any first order, the Customer must first create a Customer account and complete the registration form provided for this purpose on the Site.

On this registration form, the Customer must indicate a valid phone number.

NOTE: The Customer has the right to register on the list of opposition to canvassing phone in application of Article L.223-2 of the Consumer Code.

As part of this registration, the Customer must also enter two login identifiers: an email address and a password.

NOTE: These login identifiers are personal and must remain confidential, the Customer being responsible for their proper use.

The Customer must inform FAMILIB of any fraudulent use of these login identifiers so that FAMILIB can proceed to their deactivation.

Upon registration, the Customer must provide FAMILIB with accurate and complete information, and will then have to update its login information in the event of subsequent changes.

2.2 Order.

- First select the Products by clicking on the "ADD TO CART" button.

- At the end of the order, click on the button "CART". A summary of the order appears on the screen. The Customer has the right to control and modify his order in whole or part or click on the function "CONTINUE SHOPPING" to add new Products. A new order summary will then appear in the CART.

- The Products are exclusively delivered by COLISSIMO (LA POSTE).

- The Customer must read the FAMILIB Terms and Conditions of Sale on the Site and accepts these conditions by ticking the box provided for this purpose.

- The Customer definitively validates the content and the amount of the order by clicking on the button "PROCEED TO CHECKOUT".

- The Customer proceeds to the payment of the online order by credit card only.

NOTE: only the final validation of the order and its actual payment contractually bind the Customer. FAMILIB therefore prepares and send the Products only when the final payment is made.

Article 3. Products sold.

3.1 You will find on the site

Characteristics of Products sold by FAMILIB

3.2 Information on product availability.

Despite FAMILIB's efforts to regularly update the list of available Products, it is possible that Products displayed as available may no longer be available at the time the Customer places an order, particularly in the event of a stock shortage at their manufacturer.

In this case, you will be immediately informed of the expected delivery times and the order of this item will be cancelled and refunded in full.

Article 4. Prices.

THE PRICES DISPLAYED ON THE SITE ARE INDICATED IN EUROS (€) AND VALID ONLY IN CONTINENTAL FRANCE AND CORSICA.

They include all taxes applicable to the order, including VAT, in effect on the day of order.

Shipping cost will be added to the prices displayed on the Site according to the following rates:

For the purchase of a Product of less than or equal to 100 euros, the COLLISSIMO LA POSTE delivery rate is 7.90 euros; beyond 100 euros, the delivery is 1 euro.

Article 5. Payment of the order.

5.1 On the website, the customer pays the price of the products in euros (€) using a credit card allowing online payments. The payment is made during the validation of the order.

5.2 To optimize the security of transactions on the site.

FAMILIB has implemented a secure online payment system that encrypts the entry and transmission of all Customer order data (including names, addresses and credit card numbers) so that this information is protected during transmission.

The transaction is secure and SSL encryption (Secure Socket Layer) is provided by our bank partner CREDIT MUTUEL.

For optimal security, the Customer is automatically redirected to the CREDIT MUTUEL website in order to enter their credit card details (credit card number, expiry date and the visual cryptogram).

FAMILIB thus never has access to the Client's banking data and is only informed by its bank partner of the good reception of the Client's payment.

5.3 Invoice.

FAMILIB provides the Customer with an invoice corresponding to the order and sends it by email the delivery day of the order.

Article 6. Delivery of products.

FAMILIB DELIVERS

Exclusively in the COLISSIMO pickup point chosen by the Customer.

Article 7. Conformity of the order.

7.1 Upon receipt of your order.

Upon receipt of the order at the pickup point, it is essential that the Customer verifies the condition of the package(s) and the nature, condition, quantity and conformity of the Products delivered.

The Customer performs all necessary examinations to detect any damage, missing or non-compliance.

The Customer also checks the packaging condition, the packages number and the Products in their quantities, their references, and their characteristics.

The delivery of the COLISSIMO to the Customer or its pickup by the Customer is the delivery of the Products ordered.

7.2 In the event of damage or deterioration and in the event of non-conformity of the products.

The Customer must imperatively and without delay make all useful reservations on the delivery note and/or the transport slip to LA POSTE or any other carrier in a precise and reasoned manner, including in the case of a refusal of a package.

You will also inform FAMILIB at the email address contact(a)familib.com. In this case, we will inform you of the formalities to be followed to confirm what you have observed to the carrier.

Article 8. Withdrawal option.

8.1 The customer has a withdrawal period of 14 days to cancel his order without having to justify reasons or pay penalties, any return costs remaining at his expense.

CONDITION: as a preliminary condition, in the case of Products intended for use by children and for obvious reasons of hygiene and safety, any Product showing signs of use and/or soiling may not be retracted.

Subject to this express reservation, in the event of exercise of this right of withdrawal, the Client must inform FAMILIB of its decision before the expiry of the 14-day period by sending a declaration by email to the following address: contact(a)familib.com or by using the standard withdrawal form attached to these general conditions.

The Customer will then return the Products to the address indicated on the return form without undue delay and at the latest within 14 days following the communication of his decision to withdraw.

The Products must be returned to FAMILIB by COLISSIMO exclusively, and protected in their original packaging.

The Customer must repack the Products and protect them with the greatest care to avoid any deterioration or soiling when they are returned and to keep them in new condition.

The direct costs of returning the Products and the risks of return will remain the responsibility of the Customer.

8.2 Return of products.

Products must be returned to FAMILIB in perfect condition and accompanied by all packaging, protections, accessories, notices, etc., and their invoice.

Note that "self-assembly" products cannot be returned if they have already been mounted.

8.3 Limitations to the right of withdrawal.

We remind you that the right of withdrawal cannot be exercised in case of supply of products made to your specifications or clearly personalized, according to the provisions of Article L.221-28 of the Consumer Code

The right of withdrawal cannot be exercised if the returned Product is no longer in new condition and is unfit for marketing for any reason whatsoever (see conditions in 8.1 and 8.2 above).

8.4 If the customer decides to retract.

FAMLIB refund all sums prices corresponding to the selling price(s) of the returned Product(s), as well as any delivery costs.

However, FAMILIB does not refund the Customer for the price of returned Products that are incomplete, damaged, degraded or soiled for hygiene or health protection reasons.

In this case, these Products will be redirected to the Customer, at the customer’s expense.

Article 9. Warranty of the products sold by FAMILIB.

9.1 Legal Warranty.

FAMILIB is held liable for the lack of conformity of the Product(s) under the conditions of articles L.217-4 and following of the Consumer Code and the hidden defects of the article sold under the conditions provided in articles 1641 and following the French Civil Code.

When the Customer acts as a legal guarantee of conformity:

The client benefits from a period of two (2) years from the delivery of the Product to act;

may choose between the repair or replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

is exempted from providing proof of non-compliance of the Product during the twenty-four (24) months following the delivery of the Product.

The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.

The Customer may decide to implement within the period provided by Article 1648 of the Civil Code the guarantee against hidden defects of the article sold within the meaning of Article 1641 of the Civil Code and in this case, the Customer may choose between the resolution of the sale or a reduction of the sale price, in accordance with article 1644 of the Civil Code.

9.2 Contractual guarantee.

The Products marketed benefit from a contractual guarantee for a period of 12 months granted by their respective manufacturers. The terms of these guarantees are specified in the manufacturer's documentation attached to the Products when they are delivered; this is also available upon request from FAMILIB by email contact (a)familib.com.

The Customer must comply in all respects with the terms and conditions of this guarantee as set out in this documentation.

9.3 Implementation of the guarantee.

Requests for implementation of the guarantee by the Customer must be sent by registered letter with acknowledgment of receipt to the above address of FAMILIB.

9.4 Limitations of the guarantee.

In all cases,

- the guarantees offered by FAMILIB are strictly limited to the terms and conditions of those of the manufacturers products in question; and,

- the guarantee of FAMILIB will be exclusively limited to the replacement of the Product in question or to its repair, the Customer being able to claim no damages and interests for any reason whatsoever.

Article 10. Contact.

For any information or request for information, the Customer may contact FAMILIB via the email address: contact (a) familib.com.

Article 11. Proof of orders.

The e-mails exchanged as well as the data recorded by the automatic registration systems used on the Site will constitute proof, in particular of the object and the date of the order.

Article 12. Personal data.

12.1 Respect for the confidentiality of personal data.

FAMILIB undertakes to respect the confidentiality of the personal data communicated on the Site and to treat them in the respect of the French law “Informatique et Libertés” n ° 78-17 of January 6th, 1978.

12.2 Computer processing of personal data.

The information and personal data transmitted are subject to computer processing and may be used by the internal departments of FAMILIB, its subcontractors and its commercial partners to:

The processing, execution and management of orders;

The processing of requests for information, claims and / or retractions;

Inform the Customer of upcoming sales and events;

Improve and personalize the services offered and the information sent to the Customer, in particular through prospecting actions, the sending of newsletters or special offers;

The processing of requests for information via the contact form.

FAMILIB also retains this information and data for security purposes in order to comply with the legal and regulatory obligations.

The information and personal data collected may be the subject of a computer processing intended for the internal statistical and commercial use of FAMILIB or its commercial partners, apart from any prospection and except, of course, express refusal by the Customer for any legitimate reason,

Depending on the choices made by the Customer during the creation or consultation of the Client Account, the Client may decide to receive FAMILIB's offers or be informed of any particular operations by e-mails ("opt-in").

In the event that the Customer no longer wishes to receive these offers, he may at any time make the request by clicking on a link available for this purpose on emails or by modifying the client account directly on the Site ("opt -out ").

FAMILIB undertakes not to communicate the Customer's information to third parties other than its commercial partners and subcontractors responsible for the management, execution, processing, delivery, payment and / or monitoring of orders. FAMILIB may however be required to provide this data to respond to an order from the legal authorities.

In compliance with the Data Protection Act No. 78-17 of 6 January 1978, the Customer has the right to access, modify, rectify and delete his personal data. This right can be exercised at any time by sending a request via the online contact form or to the above address of FAMILIB indicating the last name, first name, address, and, if possible, the customer number.

FAMILIB specifies that the information identified by an asterisk is essential for the processing of orders or requests for information. If all this data is not complete and accurate, FAMILIB may not be able to process the order or request for information.

The computer processing of your personal data has been declared to the CNIL, in compliance with the Data Protection Act No. 78-17 of 6 January 1978, under No. 1435698.

Article 13. Cases of force majeure and others.

The performance of all or part of the obligations of FAMILIB will be suspended in the event of the occurrence of a case of force majeure, a fortuitous event, or because of third parties, including the manufacturers or the Products distributors, which would interfere or delay the execution.

This is especially the case in situations of war, riots, insurrection, social unrest, weather, strikes, or interruption of LA POSTE services.

FAMILIB will inform the Client of the occurrence of such a case within 7 days of its occurrence. If the suspension of the obligations continues beyond a period of 30 days, the Customer will have the possibility to cancel the current order and FAMILIB will proceed to its refund.

Article 14. In the event of a dispute.

14.1 The law applicable to the contract is French law.

14.2 In the event of a dispute.

The law applicable to the contract is French law.

The Client has the possibility, before any legal action, to use a conventional mediation procedure or any other alternative dispute resolution method in order to seek an amicable solution.

14.3 Any dispute that could not be resolved amicably shall be subject to the exclusive jurisdiction of the French courts. The Client is informed of the possibility of bringing an action, at his choice, before one of the following courts: 

. The court of the place of establishment of FAMILIB

. The court of the place of performance of the service

. The jurisdiction of the place where it resided at the time of the online order.

In addition, in accordance with the provisions of the Consumer Code concerning "the mediation process of consumer disputes", the client has the right to use the mediation service of the Mediation Solution Airlock.

For any request for information relating to mediation and its functioning, you can send your request by: 

. Postal mail. SAS Mediation Solution. 222 chemin de la bergerie, 01800 Saint Jean de Niost.

. By e-mail contact@sasmediationsolution-conso.fr

 

Annex : Sample standard withdrawal form

If the Internet user wishes to exercise his right of withdrawal in compliance with the conditions provided for in Article 8, he may use the form below:

Please complete and return this form only if you wish to withdraw from the contract

To the attention of FAMILIB:

I hereby notify my withdrawal from the sale of.............................................................................

invoice number..................................................................

ordered on.............................. /received on....................................................... 

Client's name :

Address :

Signature :

Date :

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