ARTICLE 1 – Scope
These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site www.footki.com. The Products offered for sale on the site are as follows:
SPORTS EQUIPMENTS
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site. www.footki.com on the page presenting each Product. The customer is required to consult before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid within the limits of available stocks, as specified when placing the order.
These T&Cs are accessible at any time on the www.footki.com website and will prevail over any other document.
The Customer declares to have read these T&Cs and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure of the site www.footki.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
FOOTKI GAMES, SAS
Share capital of 5000 euros
Registered with the RCS of Nantes, under number 977 531 086.
14B melton path
44240 SUCKS ON ERDRE
Email: contact@footki.com
Telephone: 07 86 25 97 95
ARTICLE 2 – Price
The Products are supplied at the prices in force appearing on the site www.footki.com, when the order is registered by the Seller.
Prices are expressed in Euros and include VAT.
The prices take into account any reductions that may be granted by the Seller on the site. www.footki.com.
The Seller reserves the right to modify the price of the Products at any time, except in the event of validation of the order by the Customer. The Products will be invoiced on the basis of the rate applicable at the time of registration of the order;
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of FOOTKI JEUX. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to find out about these aspects from your local authorities before placing any order.
ARTICLE 3 – Orders
It is up to the Customer to select the Products he wishes to order on the www.footki.com website.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site www.footki.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following terms:
- payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the www.footki.com site.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
The invoice is established at the Tariff applicable to the geographical area of delivery, in force on the date of delivery. The invoice is established according to the taxation in force and will be modified automatically in the event of modification of this one.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in mainland France and internationally.
Delivery times are indicative. Any delays cannot justify either compensation, refusal of goods, or cancellation of the order.
The Company undertakes to inform the Customer of any unavailability of the product, whether temporary or permanent, this unavailability rendering any additional delivery time irrelevant.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's act, the sale may be canceled at the Customer's written request within conditions provided for in Articles L 216-6, L 216-7 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract.
Deliveries are made by an independent carrier, to the address given by the Customer when ordering and which the carrier can easily access. When the Customer is responsible for using a carrier that he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the customer.
The Customer is required to check the condition of the products delivered. He has a period of 48 hours from delivery to formulate complaints by contact@footki.com, accompanied by all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
However, the customer benefits from the legal guarantee of conformity: guarantee against all manufacturing defects during the purchase or delivery of the Product, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these T&Cs.
The customer benefits from the guarantee against hidden defects: guarantee against a defect rendering the thing unfit for the use for which it is intended or which diminishes this use so much that the purchaser would not have bought it or would have bought it at a lower price. if he had knowledge of it, under the conditions of articles 1641 and following of the Civil Code and those provided for in these GCS;
The Seller will refund or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or visible or hidden defects have been duly proven by the Customer,
The transfer of the risks of loss and deterioration will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril except when the Customer has chosen the carrier himself.
Article 6 – THE RIGHT OF WITHDRAWAL
The customer has a period of 14 days from the delivery of the Product to exercise his right of withdrawal, without having to justify his decision.
The Customer must notify the Seller of its decision in an unambiguous statement;
The customer must return the Product new, unused, in its original packaging.
The costs of returning the Product to the Seller remain the responsibility of the customer.
Upon receipt of the package, the Seller will assess the perfect condition of the Product, and if this is the case, he will reimburse the Customer for the amount of the Product (with the exception of shipping costs) within 14 days of the receipt of the Product by him.
ARTICLE 7 – Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 8 – industrial and commercial properties
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. No assignment of intellectual property rights is made through these GCS.
Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited. The realization by the Customer of any advertising message or promotional operation including the trademarks or distinctive signs affixed to the Company's products is subject to the prior written authorization of the Company.
ARTICLE 9 - Liability of the Seller - Warranties
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal warranties
Article L217-3 of the Consumer Code
The seller delivers goods that comply with the contract as well as with the criteria set out in article I.217–5.
He responds to any lack of conformity existing at the time of delivery of the goods within the meaning of article I. 216–1, which appear within a period of two years from that date.
Article L217-4 of the Consumer Code
The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
Article L217-5 of the Consumer Code
Article L217-7 of the Consumer Code
The lack of conformity which appears within a period of twenty-four months from the delivery of the goods, including the goods comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the property or the defect invoked. Article 1641 of the Civil Code.
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or the hidden defect. Reimbursement can be made by bank transfer or check.
The responsibility of the Seller cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
- Damage caused by exposure of the products to harmful external influences (extreme temperatures, humidity, rain and other weather conditions, exceptional physical conditions, fire)
- Damage caused by storage or transport of the product (including cosmetic damage, shocks, scratches, stains, dents, etc.)
- Negligence, incorrect installation or use not in accordance with our instructions for use, maintenance and storage.
- Use of non-original accessories designed for the product
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 10 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the www.footki.com site are as follows: Last name First name, Delivery address, e-mail address
Product Order:
When ordering Products by the Customer:
Surnames, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment of the Products offered on the site www.footki.com, it records financial data relating to the bank account or the credit card of the Customer / user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
They are also transmitted to the carrier for the proper execution of the sales contract.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and Regulation 2016/679 on the protection of personal data.
9.4 right of objection
Unless the Customer exercises his right of opposition, his personal data is used by the data controller for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and privacy
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Clients and users
In application of the regulations applicable to personal data, Customers and users of the site www.footki.com have the following rights:
- They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
- They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".
- They can also request the portability of the data held by the Seller to another service provider.
- Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must be motivated.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
ARTICLE 11 – Intellectual property
The content of the www.footki.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
ARTICLE 12 – Applicable law – Language
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 13 – Disputes
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GCS.
The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. commmon.