Terms & Conditions

FIELDS OF APPLICATION

These conditions apply to all uses of the FastTrack-art Site by natural or legal persons, of legal age and/or legally capable.

This document applies, without restriction or reservation, to all sales concluded between the Parties in France and abroad. No particular condition can, except in formal exceptions written and signed by the Customer and the Seller, prevail over these General Conditions of Sale and Use. If one of the clauses of these general conditions of sale is found to be void or canceled, the other clauses will not be canceled.

Any use of the Site implies that the User has read the general conditions and adheres to these same conditions. Prior to the validation of any order, the User must acknowledge having read the General Conditions of Sale and Use (CGVU) and accept them. For this purpose, no handwritten signature will be required. In any case, the General Terms and Conditions are accessible at any time from the Site. The Seller reserves the right to make modifications to these in order to adapt them to the terms of sale and operation of the Site and a Product.

Lexicon

Client: Any natural or legal person who has a personal account on the Site.

Site: Designation of the FastTrack-art sales platform.

Seller: Professional, supplier of products or services intended for sale on the Site.

Product: Any good offered for sale on the Site and contained in the catalog.

User: Any person who visits the Site and/or requests the creation of a personal account.

Identification of the Seller and the Site

The micro enterprise Théo Marie is located at 45 rue d’Auge.

The Seller can be reached:

By e-mail to the following address: shop@fasttrack-art.fr

By mail to the following address: 45 rue d’auge

The FastTrack-art Website is published by RocketDev and is hosted by O2Switch.

Object

The Seller carries out an activity of selling household products and tableware.

The Seller is in no way required to manufacture the products and only carries out a resale activity. Thus, as part of its activity, the Seller is required to call on external professionals for the production, packaging and conservation of the products, which the Customer acknowledges and accepts.

As part of the provision of its services, the Service Provider may call on external professionals, which the Client accepts and acknowledges.

Prices

Prices are freely set by the Seller. The prices charged are those in effect on the day of the order and communicated by the Seller. Any additional costs or increases may apply in the event of specificity due to the nature of the Product, or due to the Customer's requirements, delivery terms or otherwise.

In any case, the total amount is indicated to the Customer prior to validation of his order and payment. Failing this, any increases that may be applied will be expressly specified to the Customer. Prices are in euros and are indicated all taxes included (TTC).

No reminder is required for the application of late payment penalties which run automatically from the first day of late payment. The amount of the penalties results from the application to the sums remaining due of three times the legal interest rate in force at the time of the incident. In addition, a fixed compensation for recovery costs of 40 euros will apply under article D 441-5 of the Commercial Code.

Payment terms

The Customer selects their payment method at the end of their order and has the possibility of paying by:

–Stripe

– Apple Pay

Provisions relating to Products and Orders

The Products

The Products are those which appear on the Seller's list or catalog or those offered by the latter to the Customer according to his request and his needs.

Purchases and orders

Any purchase or order of one or more Product(s) by a Customer is made on request and depending on the availability of the desired reference(s).

Any request must be made by the Customer:

– On the website

Delivery

Delivery takes place in accordance with what was indicated and/or selected by the Customer at the time of his order.

The Seller will communicate all information relating to delivery tracking upon dispatch of the order. The Seller undertakes to ensure that the announced deadlines are respected. Any delay in the preparation and shipping of the order will be notified to the Customer by e-mail or telephone or SMS.

Delivery takes place in accordance with what was indicated to the Customer or selected by the Customer at the time of his order. The Products are shipped by a third party who will communicate to the Seller all information relating to delivery tracking upon dispatch of the order. Upon receipt of this information, the Seller will send it to the Customer. The Seller undertakes to ensure that the announced deadlines are respected. Any delay in preparing and shipping the order will be notified to the Customer by e-mail, telephone or SMS.

Cancellations, returns and Product Warranty

The Customer has the possibility of canceling his order for a period of 2 hours after validation of his order and prior to its delivery or shipment.

The Customer has the option of returning the order partially or completely:

– Provided that the product(s) has/have not been unpacked and/or used

The Customer then has 14 days from receipt of the order to request a return.

Returns are the responsibility of the Customer and must be made within 14 days.

Any return must be subject to the agreement and acceptance of the Seller prior to shipment.

In terms of Product warranty, French and European legal and regulatory provisions relating to sales to individuals are applicable.

Right and period of withdrawal

In accordance with the provisions of the Consumer Code, the Individual Customer has a period of fourteen days to exercise their right of withdrawal from the conclusion of a contract concluded remotely. This right also applies to sale, second-hand or clearance Products. The right of withdrawal will only apply on the condition that the Customer has not used the Products ordered. Any unpackaged, damaged Product used by the Customer will not be subject to a right of withdrawal on their part. Use of the right of withdrawal after sending the ordered Product(s) will require a return to the sender of the order from the Seller, the costs of which will be borne by the Customer. The same applies to shipping costs if the order has already been shipped and/or received.

To exercise his right of withdrawal, the Individual Customer will send, before the expiry of the fourteen-day period, a written declaration by post or electronically to the contact details communicated above in these General Terms and Conditions.

The Seller makes available to its Customers a model withdrawal form written as follows:

“To the attention of FastTrack-art,

Ordered on / received on: XXX

Consumer name: XXX

Consumer address: XXX

Date: XXX

Consumer signature: XXX »

The Seller will reimburse within 14 days from the day on which the Customer used his right of withdrawal and following receipt of the Products if shipment had already taken place. It will be done by the same means as that used by the Customer for the initial transaction.

Responsibility

The Seller's liability is in no way based on the direct or indirect consequences, whether on people or property, of a malfunction of a product sold subject to legal provisions of public order. The Seller's liability is strictly limited to the amounts of the Products sold. Its liability cannot under any circumstances be incurred in the event of non-compliance by the Customer with the obligations of these General Terms and Conditions. Liability cannot be incurred in the event of misuse of the Product(s) purchased, any modification made to the functionalities or destination relating to the Product(s) and for any cause unrelated to the Seller. Any delay in delivery of the order for a cause which is external to the Seller and independent of the Seller's control cannot under any circumstances be blamed on the Seller.

For any action taken by the Customer against the Seller due to the manufacture of the Product(s), their packaging and conservation (with the exception of those kept by the Seller), an intervention or warranty call from the manufacturer(s), supplier(s) or other will be carried out.

Intellectual property

In accordance with article L122-4 of the Intellectual Property Code, “any representation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful. The same applies to translation, adaptation, transformation or reproduction by any art or process.” The Customer only has the right to use the Products, their content and all elements, whether visual or audio, texts, layouts, illustrations, photographs, documents as well as all elements likely to be made available to them, in accordance with their or their use, the instructions, user guide and the applicable legal and regulatory provisions.

The Seller retains all copyright and industrial and intellectual property rights relating to the brand, products, designs, models, photos, catalogs and technical documentation which may not be copied, reproduced or reused without its express prior written authorization.

Resale is strictly prohibited.

Failure to comply with these provisions exposes the author to legal proceedings.

Protection of personal data

In accordance with law n°78-17 of January 6, 1978 and the provisions of the General Data Protection Regulation (GDPR) n°2016/679, the Customer has the right to question, access, modify, oppose and rectify his personal data by contacting the Seller:

By e-mail to the following address: shop@FastTrack-art.fr

By mail to the following address: 45 rue d’auge 14160 Dives-sur-mer

Force majeure

The Seller's liability cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure within the meaning of article 1218 of the Civil Code.

Applicable law and competent jurisdiction

These general conditions are subject to French law. French law and the French courts have jurisdiction in the event of a dispute or dispute between the Parties.

Conditions and Terms of Use of the Site

Users

All Users undertake to make appropriate use of the Site, to provide truthful information on its structure, contact details and all information communicated during their registration request.

Customers

Each Customer undertakes to keep their data up to date each time they use it on the Site. It also undertakes not to commit illicit or illegal activities, not to disseminate content or propaganda contrary to good morals, good faith and public order.

Registration conditions

Each User must provide the information requested by the Site for any account creation, namely:

- Name

- First name

- Date of birth

– Postal address

- E-mail address

– Telephone number

The User will create a personal and unique password on this occasion. The Customer must accept these general conditions of sale and use, downloadable at any time. As soon as the account creation is validated, a confirmation email will be sent to the address provided on this occasion.

Order process

Any order is first subject to the creation of a personal account or a connection to an existing one, if applicable. The Customer will have all the information relating to the Products, their description, and their reference, before any order validation. The ordering process is as follows:

– Selection of a Product(s) available on the Site and desired by the Customer and addition of the product(s) to their online basket,

– At the end of the selection and before any order validation, the Customer has access to his basket and the summary of the desired Products, the unit amount of each item, any delivery costs and the total amount. It has the possibility to add or delete articles.

– The Customer then provides information relating to the delivery of their order and then selects the desired payment method.

– The order is validated once payment is accepted. The Customer then receives all the information relating to the confirmation of his order.

The Customer has all the legal information found in the general conditions of sale and use (which can be consulted or downloaded at any time) on the one hand and in the order confirmation email (printable at any time) on the other hand.

Responsibility relating to the Use of the Site

The Site cannot be held responsible for damages of any nature whatsoever, which could result in errors or omissions in the content, a lack of availability of the Site or the transmission of viruses, malicious or harmful programs, despite the fact that all technological measures aimed at avoiding this inconvenience have been adopted. The Site declines all responsibility for the possible consequences of a User's connection to the Site via an unsecured and/or faulty internet network.

Appendix

Article L217-5 of the Consumer Code:

“The good conforms to the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Article L127-6 of the Consumer Code:

“The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them. »

Article L127-7 of the Consumer Code:

“Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »

Article L127-8 of the Consumer Code:

“The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »

Article L127-9 of the Consumer Code:

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is clearly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »

Article L127-10 of the Consumer Code:

“If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him given the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. »

Article L127-11 of the Consumer Code:

“The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not preclude the award of damages.”

Article L127-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

Article L127-13 of the Consumer Code:

“The provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law. »

Article L127-14 of the Consumer Code:

“Recursory action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code. »

Article L127-15 of the Consumer Code:

“The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor. In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code. The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full in the contract. In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to take advantage of this. »

CONTRACT

The micro enterprise Théo Marie established in Dives-sur-mer whose SIRET number is 890 214 380 00028.

The Seller carries out an activity of selling household products and tableware.

Object

The purpose of this Contract is to define the conditions and terms of production, sale and delivery of the Seller's Products to the Customer.

The Seller may use external professionals, which the Customer accepts and acknowledges.

Order conditions

Any request can be made by the Customer:

– On the website

The order will be shipped by the Seller to the Customer's address following purchase of the Product.

The Customer has the option of returning the order partially or completely:

– Provided that the product(s) has/have not been unpacked and/or used

The Customer then has 14 days from receipt of the order to request a return.

Any return must be subject to the agreement and acceptance of the Seller prior to shipment.

Returns are the responsibility of the Customer and must be made within 14 days.

In terms of Product warranty, French and European legal and regulatory provisions relating to sales to individuals are applicable.

Prices and payment terms

In return for the Product(s), subject of this Contract, the Customer will be liable for the sum of the product purchased. This sum must be paid upon receipt of the invoice.

Payment must be made by:

–Stripe

– Apple Pay

No discount will be granted in the event of early payment. No reminder is required for the application of late payment penalties which accrue automatically from the 31st day following the date of the invoice. The amount of the penalties results from the application to the sums remaining due of a legal interest rate in force at the time of the incident. In addition, a fixed compensation for recovery costs of 40 euros will apply under article D441-5 of the Commercial Code.

Rights, obligations and commitments of the Parties

The Parties undertake to carry out their tasks in accordance with the rules of the art, in the best possible manner and to respect the provisions of this Contract in their entirety.

The Seller undertakes to respect its commitments, to honor the order(s), to respect the announced deadlines and to notify the Customer without delay of any delay or any anomaly observed. The Seller undertakes to ensure optimal quality of its Products. The Seller assumes responsibility for the Products sold to the Customer, within the limits of the applicable legal and regulatory provisions and is limited to the amounts of the Products Sold. On the other hand, the Seller cannot under any circumstances be held responsible for any damage or incident likely to occur due to use of the Products not in accordance with their use or destination or occurring due to non-compliant storage conditions. The Seller cannot be held liable in the event of modification of the Products by the Customer or by a third party. The Customer's liability may be called into question if the damage or incident is his fault or in the event of shared responsibility.

For any action taken by the Customer against the Seller due to the manufacture of the Product(s), their packaging and conservation (with the exception of those kept by the Seller), an intervention or warranty call from the manufacturer(s), supplier(s) or other will be carried out.

The Customer, for his part, undertakes to pay for the order(s) according to the provisions set out above. He undertakes to respect the use and destination of the Product(s) and to inform the Seller of any anomaly or defect observed without delay.

Intellectual property and exploitation rights

In accordance with article L122-4 of the Intellectual Property Code, “any representation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful. The same applies to translation, adaptation, transformation or reproduction by any art or process.”

The Customer acknowledges that it only has the right to use the Products delivered by the Seller, its content and all elements, whether visual or audio, texts, layouts, illustrations, photographs, documents as well as all of the elements likely to be made available to it within the framework of this Contract. The Service Provider retains all copyright and intellectual and industrial property rights relating to the brands, models, drawings, photos, catalogs and documentation. Any translation, adaptation, transformation, reproduction, modification without the consent of the Seller is strictly prohibited and exposes its author to prosecution.