Terms and conditions of sale
Article 1 - GENERAL PROVISIONS - SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale ("GTCS") govern the rights and obligations of the parties in connection with the online sale of Products offered by SPARK ("the Company").
1.2 Any Order placed on the www.flytex.fr website implies prior and unconditional acceptance of these General Terms and Conditions of Sale, which are governed by French law. These GCS therefore form an integral part of the Contract between the Customer and The Company. They are fully enforceable against the Customer, who declares that he has read them and accepted them, without restriction or reservation, before placing the Order.
1.3 These General Terms and Conditions of Sale apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that he/she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He/she acknowledges that he/she has the full capacity to commit him/herself when placing an Order and undertakes to provide truthful information as to his/her identity.
1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these GCS, i.e. natural or legal persons, public or private, acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional.
Professionals wishing to place an Order with the company are invited to contact us directly.
1.5 The GCS applicable to each Order are those in force on the date of payment (or of the first payment in the case of multiple payments) of the Order. The company reserves the right to modify them at any time, by publishing a new version on its website. These GCS can be consulted on the company's website at the following address: www.flytex.fr and can be downloaded in pdf format.
Article 2 - CONCLUSION OF ONLINE CONTRACT
2.1. Ordering process
To purchase one or more Products on the site, the Customer selects each Product and adds it to his/her shopping basket. Once their selection is complete, they must confirm their basket to proceed with the Order (1st click).
At this point, the Customer is redirected to a page containing :
A summary of the Products selected, the corresponding prices, delivery terms and charges. It is then up to the Customer to check and, if necessary, correct the contents of their basket.
The present General Terms and Conditions. It is the customer's responsibility to read them carefully before validating the entire Order.
This validation of the Order after verification of the basket and reading of the GCS (2nd click) constitutes the conclusion of the Contract, and the Customer acknowledges that the 2nd click implies an obligation to pay on his/her part.
The Customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their Order.
Once the Order has been validated and payment made, the Customer receives a confirmation message from the company to the e-mail address they provided to create their account. This message contains, in pdf format
A summary of the order (product selected, price, delivery terms and charges);
Precise identification of SPARK and its activity;
Order number;
The terms, conditions and withdrawal form;
These General Terms and Conditions in pdf format.
In the event of non-receipt of the Order confirmation, the Customer is advised to contact the company via the contact form on the website.
The Customer will then receive an electronic purchase invoice, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent in electronic format, as these documents may be used as proof of the Contract.
2.2 Refusal of Order validation by the company
The company reserves the right to refuse your Order for any legitimate reason, including for example:
Orders that do not comply with the GCS;
Quantities ordered do not correspond to normal use by a consumer customer;
Non-payment of a previous Order or an ongoing dispute concerning a previous Order;
Suspicion of fraud concerning the Order (supported by a body of corroborating evidence).
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on The Company's websites, as well as, where applicable, information on the use of the product.
Although The Company takes reasonable care to ensure that the Specifications are accurate, the said Specifications, subject to certain exceptions, such as pricing information, are given by The Company's suppliers. Consequently, The company declines all responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that illustrations, videos or photos of the Products offerted for sale have no contractual value. The validity period of the offre of the Products as well as their prices is specified on The Company's websites.
3.2 Product availability
Product offers are valid within the limit of stocks available from our suppliers. This availability of Products is normally indicated on the specific Product page.
However, insofar as the company does not reserve stock (except in the particular case of Products indicated as pre-orders on the Product page), placing a Product in the shopping basket does not absolutely guarantee the availability of the Product or its price.
Should a Product become unavailable after the Customer's Order has been validated, the company will immediately inform the Customer by e-mail. The Order will be automatically cancelled and the company will refund the price of the Product originally ordered, as well as any sums paid for the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery charges will not be refunded.
Article 4 - PRODUCT PRICES
4.1 Reference prices indicated on the sites
The reference price of Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price applied within the panel of retailers is modified.
4.2 Modification of prices shown on websites
Product prices are indicated on the Product description pages. They do not include VAT, customs duties or shipping costs. The company reserves the right to modify Product prices at any time, in compliance with applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time the Order is validated.
4.3 Product prices
Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold via the Internet sites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be borne in full by the Customer, who is liable for these taxes as the recipient of the Product.
The prices of the Product(s) do not include the costs of packing, packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for declaring and paying import VAT when clearing the Product through customs. The Customer may be required to pay import VAT. Insofar as this tax is not the responsibility of the company, it cannot be held liable for reimbursement of this tax.
For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable in certain cases. The company has no control over these duties and sums.
They are the responsibility of the Customer (declarations, payment to the competent authorities, etc.). In this respect, the company invites the Customer to obtain information on these aspects from the relevant local authorities.
Article 5 - PAYMENT OF PRODUCT PRICES
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
The company may, in exceptional circumstances, grant payment in several installments, particularly in view of the amount to be paid and its knowledge of the Customer concerned. However, the company is under no obligation to grant such payment terms. In the event of a special situation, the Customer may request this by contacting the company's Customer Service department at contact@getflytex.co.
5.2 Payment methods
To pay for the Order, the Customer may choose between different payment methods:
Payment by credit card:
Only bank cards issued by a bank located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees La société that he/she has the necessary authorizations to pay with the bank card used. The Customer expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number constitutes authorization to debit his/her account up to the total amount corresponding to the Products ordered. The amount will be debited when the Order is validated.
Credit card payments are made via a secure payment platform, and the credit card information communicated uses SSL encryption.
Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
Please note that when using this method of payment, Paypal's General Terms and Conditions of Use, which are available on their website, apply in addition to these GTC.
Payment by voucher and/or promotional code
Vouchers and/or promotional codes issued by The Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In the event of attempted fraudulent use of vouchers and/or promotional codes, La société may cancel the Order outright.
In general, in the event of refusal to authorize payment by officially accredited bodies or in the event of non-payment of the Order, the company reserves the right to suspend and/or cancel the said Order.
The company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used, or in the event of a dispute with a Customer concerning a previous Order.
The company reserves the right to implement an Order verification procedure designed to ensure that no person uses another person's bank details without their knowledge. As part of this verification process, the Customer may be asked to send the company a copy of an identity document, proof of address and a copy of the bank card used for payment, by e-mail or post. The Customer will be given precise details of the exact content of the information requested (in order to preserve the confidentiality of his/her data) in the event of verification. The order will be validated only after receipt and verification of the documents sent.
Article 6 - DELIVERY - DUTIES - RECEPTION
6.1 Delivery
Before the Order is validated, the company provides the Customer with information concerning the different delivery methods and their respective prices. Once the Customer has chosen the delivery method, the company will provide the Customer with an estimated delivery time.
The company will do its utmost to ensure that the Product(s) is (are) delivered on or before the scheduled delivery date. In the event of any difficulty, the company undertakes to contact the Customer promptly to inform him/her of the problem and to work with him/her to find an appropriate solution.
Air freight, shipment and/or delivery of the Product(s) will be fully borne by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer when the Order is placed. On the other hand, any customs charges are not included in the price invoiced to the Customer by La société.
Depending on the terms and conditions chosen by the Customer, delivery will be made either to the address given by the Customer, or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to check the information provided for delivery, as he alone remains responsible in the event of non-delivery due to incomplete or erroneous information.
6.2 Customs clearance
At the time of purchase, the Customer buys the product free of tax and becomes the importer of the product purchased in his capacity as recipient of the product.
In particular, he/she is responsible for importing and clearing the product through local customs offices. Depending on the price of the order, the Customer may be required to pay customs duties (for Products with a customs value in excess of €150).
The Customer is solely responsible for declaring customs duties when clearing the Product through customs. These customs duties, which are not invoiced to the Customer by the company, are not the responsibility of the company. The company may not be held liable for reimbursement of these duties.
6.3. Receipt
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and undamaged.
In the event of an anomaly, the Customer must contact the company's Customer Service Department within three days (excluding public holidays) of receipt of the Product. Any complaint made after this deadline will not be processed.
Article 7 - WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to cancel the Sales Order, without giving any reason, within fourteen (14) calendar days from the date of receipt of the Sales Order. In the event of an Order for several Products, the period runs from receipt of the last Product.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and shipping costs will be reimbursed, with return shipping costs to be borne by the Customer.
7.2 Exclusions
In accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
The supply of goods likely to deteriorate or expire rapidly;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
Supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at a public auction;
7.3 How to exercise the right of withdrawal
To exercise the right of withdrawal, the Customer must inform La société of his/her intention to withdraw either by completing the standard form, a model of which is shown below, or by sending an unambiguous statement expressing his/her intention to withdraw within the 14-day period mentioned above.
Model withdrawal form :
For the attention of La société SPARK, (Flytex), Service Client, 229 Rue Saint-Honoré 75001 Paris.
I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the product below:
Product name :
Date of order and receipt :
Order number :
Withdrawal tracking number :
Customer name :
Customer address :
Customer's signature: (only in the case of notification of this form on paper)
Date :
This form must be sent to the company at one of the following addresses:
On paper, to SPARK, Customer Service, 229 Rue Saint-Honoré 75001 Paris.
For electronic mail, to the following address: contact@getflytex.co
The Customer has a period of 14 days from the date of notification of withdrawal to return the Product to the company in its original packaging, the cost of return being borne exclusively by the Customer.
Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the company to offer them for sale again. In the event of receipt of Products that have been opened, used, incomplete, damaged or soiled, The Company will not refund the Customer and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of return of the Product under the conditions provided for by law and the present GCS, the company will reimburse all sums paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is subsequently returned. In this case, the company will only proceed with reimbursement after receipt and verification of the condition of the returned Product.
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 - WARRANTIES
8.1 Legal warranties
The company remains liable for defects in conformity of the goods in accordance with the provisions of articles L.217-4 et seq. of the French Consumer Code, and for hidden defects in the goods sold in accordance with articles 1641 et seq. of the French Civil Code.
When acting under the legal warranty of conformity (as provided for in articles L.217-4 et seq. of the French Consumer Code), the Consumer Customer :
Has a period of 2 years from the date of delivery to take action.
May choose between repair or replacement of the Product, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code.
Is exempted from proving the existence of the lack of conformity during the 24 months following delivery of the good if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.
The Customer may also choose to take action under the legal warranty against hidden defects as defined in article 1641 of the French Civil Code. The Customer may choose between rescission of the sale or a reduction in the price, in accordance with article 1644 of the French Civil Code.
These legal warranties apply independently of any contractual warranty.
Reproduction of applicable texts
L.217-4 Code de la Consommation
"The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or carried out under his responsibility."
L.217-5 Consumer Code
"The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or on labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
L.217-9 Code de la Consommation
"In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the purchaser".
L.217-12 Code de la Consommation
"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
1641 of the French Civil Code
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
1648 of the French Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. [...] "
8.2 Manufacturer's warranty
Certain Products sold on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which La société is not directly a party.
The existence of this type of warranty is mentioned, where applicable, on the specific Product page.
If the Customer wishes to make use of this warranty, he/she should inform The company by contacting Customer Service, and should consult the warranty application terms and conditions, which are generally included in the box concerning the Product.
It is reminded that the benefit of the Manufacturer's Warranty does not prevent the application of legal provisions concerning the legal warranty of conformity and the legal warranty of hidden defects.
Article 9 - PERSONAL DATA PROTECTION
As part of the commercial relationship, the company, which is responsible for processing the data, collects a certain amount of compulsory nominative data (including, in particular, surname, first name, delivery address, etc., indicated by an asterisk) which is absolutely necessary for processing the Order, managing the commercial relationship, compiling statistics and complying with the company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Should the Customer fail to provide this information, it will be impossible to process the Order.
This data is intended for internal use by the company, but may be passed on to companies that contribute to the performance of the service, in particular those that deliver the Products or process payments.
With regard to this personal data, the Customer has several rights:
Right of access to personal data concerning him/her;
Right of rectification and deletion if personal data is inaccurate, incomplete, ambiguous, out-of-date, or if the collection, use, communication or storage of certain data is prohibited;
Right to restrict the processing of data, provided that this request is duly justified and does not prevent the company from complying with its regulatory and legal obligations;
Right to object to the processing of data (particularly in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the retention, deletion and communication of your personal data
the right to withdraw consent to certain processing operations (processing operations carried out prior to withdrawal of consent remain lawful)
The right to lodge a complaint with the CNIL.
To exercise his rights, the customer may send a request to the company by :
a letter addressed to SPARK, (Flytex), Customer Service, 229 Rue Saint-Honoré 75001 Paris.
The request must mention the Customer's e-mail address, surname, first name and postal address, and must be accompanied by a copy of both sides of the Customer's identity card.
A reply will be sent within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property rights to the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of The Company or their original owner. No transfer of intellectual property rights is made through these GCS.
Article 11 - FORCE MAJEURE
The company shall not be held liable for non-performance of its obligations hereunder in the event of the occurrence of an act of God or force majeure which prevents performance. The company will notify the customer of the occurrence of such an event as soon as possible.
Article 12 - EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary contained herein, the company shall in no event be liable for any loss or damage arising from improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the company.
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT
The company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GTC, or generally applicable legal provisions, without prejudice to any damages that the company may claim.
Any person whose account has been suspended or terminated may not place further orders or create a new account on the Site without the prior authorization of The company.
Article 14 - ARCHIVING - PROOF
In the absence of proof to the contrary, the information recorded by the company constitutes proof of all transactions.
At the time of each Order, the Order summary is sent by e-mail to the Customer and archived on the company's website.
Communications between the company and the Customer are archived on computerized registers, which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and The company. They may be produced as proof of the Contract.
The archiving of communications, orders, order details and invoices is effected on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Customer will have access to the archived elements by simple request to contact@getflytex.co
Article 15 - NULLITY AND MODIFICATION OF THE GTCS
If any one of the stipulations of these GCS is null and void, it shall be deemed unwritten, but this shall not invalidate the contractual provisions as a whole.
Any tolerance on the part of the company, in the application of all or part of the commitments made within the framework of the present GCS, whatever the frequency and duration, shall not constitute a modification of the GCS, nor generate any right whatsoever for the Customer.
Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GCS are governed by French law.
In the event of any difficulty whatsoever, Customer Service is at your disposal to find an amicable solution.
In the event of a dispute between the professional and the consumer, the two parties will endeavor to find an amicable solution.
In the absence of an amicable agreement, the consumer may refer the matter free of charge to the consumer mediator to which the professional belongs, namely the Association of European Mediators (AME CONSO), within one year of the written complaint sent to the professional.
Referral to the Consumer Mediator must be made :
-either by completing the form provided on the AME CONSO website: www.mediationconso-ame.com ;
-by post to AME CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.