General Conditions of Online Sales
This Website www.fitiyoo.com is edited by Julie Guelennoc, from La Maison de l'Initiative - SCOP SA with variable capital, whose headquarters are located 52 Rue Jacques Babinet, 31100 TOULOUSE - FRANCE. Intra-community VAT number FR75 398 386 102.
The general conditions of sale described below detail the rights and obligations of the Maison de Initiative SCOP SA and its client and apply to any offer and sale of goods.Any sale by La Maison de l'Initiative SCOP SA therefore implies unreserved acceptance of access to the general conditions of sale. If one of the clauses of the general conditions of sale is null or canceled, the other clauses had not been canceled. The fact that the seller does not make a request at any given time for any article of the conditions, can not be interpreted as being a waiver to avail himself of the said general conditions of sale. These conditions apply for the duration of the online services offered by the Maison de l'Initiative SCOP SA.
Clause 1 : Products
The products governed by these General Conditions are those which appear on the Website and which are indicated as sold and shipped by the Site www.fitiyoo.com within the limits of available stocks. The Products are illustrated on the Site by photographic photographs and / or illustration (s) to allow the buyer to view the product as faithfully as possible before possibly finalizing his purchase and its essential characteristics are described. However, taking into account the technical uncertainty linked to the use and the quality of the screen used by the Customer to view the Products for sale on the WEB Site, the buyer is informed that the graphic representations representing the Products for sale do not are present for illustration purposes only. The Publisher makes the best possible efforts to ensure the most faithful correspondence to the Products offered for sale with the description accompanying them. The Customer must therefore take note of the description of the product. And in case of doubt, contact The Publisher by any means to obtain the necessary details before proceeding with the purchase.
Clause 2 : Prices
The prices of the Products are indicated in Euros all taxes included. They take account of VAT and any reductions applicable on the day of the order.The prices of the physical Products do not include delivery costs (postage, packaging and packaging of the package according to the amounts in force). The amount of the delivery costs will be specified before validation of the order.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale price of the Products on the Website and on the various sales media. However, a price cannot be changed once the order has been confirmed.
When ordering to a country other than mainland 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 La Maison de l'Initiative. 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.
All orders regardless of their origin are payable in euros.La Maison de l'Initiative reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of validation of the order and subject to availability.
The products remain the property of La Maison de l'Initiative until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Clause 3 : Order
You can order online from the online catalog. The order can only be registered on the site if you have clearly identified yourself by completing the online order form.Upon validation of your order, it will be sent for processing. You will receive within the hour a first automatic acknowledgment email.Any order implies acceptance of the prices and description of the products available for sale.The contract is formed when the confirmation of his order is issued by the customer. Fitiyoo confirms your order by e-mail within 48 hours. You can also print your order summary.
3-1 : Validation of the order
Any order appearing on the site www.fitiyoo.com implies acceptance of these General Conditions. Any order confirmation entails your full acceptance of these general conditions of sale, without exception or reservation.
All the data provided and the confirmation recorded will constitute proof of the transaction. You declare that you are fully aware of it by checking the dedicated box. The order confirmation will be worth signature and acceptance of the operations carried out.
Clause 4 : Payment methods
Unless otherwise provided, all sales are paid in cash at the time of placing the Order. The Customer can pay for his purchases by bank card.
To ensure the security of online banking transactions, the publisher has chosen the solution of the secure and independent platform, STRIPE. Bank card numbers never circulate clearly on the web.
Clause 5 : Delivery times
5-1 : Digital products delivery
The www.fitiyoo.com Site undertakes to provide all material and human efforts to carry out the delivery of Digital Products by email to the email address provided by the Customer within 24 hours after validation of the Order.
However, it cannot in any case be held responsible for delays in making them available due to faults which are not attributable to it.
The Site cannot be held responsible for errors or oversights committed by the Customer in the wording of the e-mail address provided before validation of the Digital Product Order.
5-2 : Physical products delivery
The order is prepared and dispatched within an average period of one (1) to ten (10) working days from the day following that of the validation by the buyer of his order, unless specific deadlines are mentioned (during holiday periods) , at the address indicated when ordering. The delivery and routing time is that of the post office or any other means chosen in agreement with the buyer.
For each order, you are asked to contribute a fixed amount to the costs of processing the order (shipping, packaging, making up the parcel, etc.) which is communicated to you when placing your order.The delivery time indicated during the registration of the order is given for information only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products may not give rise to the benefit of the buyer:
• compensation for damages;
• the cancellation of the order.
The risk of transport is borne entirely by the buyer.
In case of missing or damaged goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery by registered post.
Clause 6 : withdrawal
In accordance with the provisions of article L.121-21 of the Frencch Consumer Code, buyers, non-professional individuals, benefit from a withdrawal period of forteen (14) working days without reason from the delivery of their order to return of the product to the seller for exchange or refund without penalty, except for return costs.
In case of exercise of the right of withdrawal, La Maison de l'Initiative will reimburse the Buyer for all sums paid, as soon as possible and at the latest within thirty days of receipt of the product.
6-1 Exceptions :
In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to sewing patterns in PDF format, corresponding to: “The supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal. ”
Clause 7 : Product return
Keep your invoice, it will serve you in case of exchange or refund.
After the deadline (see art 6), the products delivered will be deemed to be in conformity and accepted by the customer, and La Maison de l'Initiative reserves the right to refuse the exchange, the credit or the refund.
The returned item must be in the original packaging. Incomplete, damaged, damaged or soiled items due to the customer cannot be exchanged or refunded.
The sewing patterns in PDF format are Digital Products, and in accordance with clause n ° 6-1, it is not possible to make a return on these Products.
Clause 8 : The guarantee of conformity - the guarantee of hidden defects La Maison de l'Initiative guarantees the conformity of goods to the contract and is held responsible for lack of conformity of the goods sold under the conditions of article L 211-4 and following of the French Consumer Code and hidden defects of the good under the conditions provided for in articles 1641 and following of the French Civil Code.
The consumer when he acts as a legal guarantee of conformity:- has a period of 2 years from the delivery of the goods to act;- can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L 211-9 of the Consumer Code;- is exempt from reporting proof of the existence of the lack of conformity of the goods during the 6 months following the delivery of the goods (deadline increased to 24 months from March 18, 2016 for goods purchased new);
The legal guarantee of conformity applies regardless of the commercial guarantee possibly granted by the seller. The consumer can decide to implement the guarantee against hidden defects of the goods sold provided for in article 1641 of the Civil Code, in this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with the article 1644 of the Civil Code.
In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.
All complaints, requests for exchange or reimbursement must be made by email to email@example.com, within 30 days of delivery.
The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions ...). Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in clause n ° 6.
Clause 9 : Liability
The products offered comply with current French legislation. The responsibility of La Maison de l'Initiative cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered.
It is your responsibility to check with local authorities the possibilities of importing or using the products or services that you plan to order.
The photos are provided for information only. We invite you to refer to the description of each product to know its precise characteristics. In case of doubt or if you would like further information, please do not hesitate to contact us.Furthermore, La Maison de l'Initiative cannot be held liable for damage resulting from the improper use of the product purchased.
Finally, La Maison de l'Initiative cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses.
Clause 10 : Personal data
The collection of your personal data is necessary for us to take into account your request.
By indicating your e-mail, you will receive a confirmation of your order.
In accordance with the law of January 6, 1978, you have a right of access, rectification and opposition to personal information and personal data concerning you, directly on the website or by sending a letter to the headquarters of La Maison of the Initiative.
Clause n° 11. Intellectual property
All elements of the site www.fitiyoo.com are and remain the intellectual and exclusive property of the Publisher.
No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or audio. Any simple link or hypertext is strictly prohibited without the express written agreement of the site www.fitiyoo.com.
Clause 12 : Major force situation
The responsibility of La Maison de l'initiative cannot be implemented if the delay in the execution of one of its obligations described in these conditionsterms of sale arises from a case of force majeure. As such, major force situation means any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
Clause 13 : Competent court
Pursuant to Decree No. 2015-282 of March 11, 2015, an attempt to reach an amicable resolution of disputes by the requesting party is compulsory before any legal action, in the event of a dispute concerning the validity, interpretation or execution of these or their subsequent agreements that the responsibility of the parties, is subject to French law and failing an amicable agreement, the exclusive jurisdiction of the Commercial Court of Toulouse The Website complies with French law, and in no case does La Maison de Initiative initiate any guarantee of compliance with local legislation which would apply to you, as soon as You access the Website from other countries.
Clause 14 - Proof archiving
La Maison de l'Initiative will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the French Civil Code, and will be considered by all the parties concerned as proof of communications, orders , payments and transactions between the parties.