General Terms and Conditions of Sale of Foo.fr

Last updated: 21/11/2024

These general terms and conditions of sale (hereinafter referred to as the 'General Conditions') govern any purchase made by an internet user or a natural person (hereinafter referred to as the 'CLIENT') via the website Foo.fr (hereinafter referred to as the 'SITE'), operated by TEK4U, EURL registered in the Paris trade and companies register under number 982 478 042 (hereinafter referred to as the 'SELLER').

Any order placed on the SITE necessarily implies the CLIENT's unconditional acceptance of these General Conditions of sale.

Article 1 - OBJECT

These General Conditions frame the sale of PRODUCTS by the SELLER to its CLIENTS.
The CLIENT expressly acknowledges that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department directly to obtain distinct contractual conditions.

Article 2 - ACCEPTANCE OF THE GENERAL CONDITIONS

The CLIENT agrees to read and unconditionally accept these General Conditions before making payment for any order on the SITE.
These General Conditions are accessible at the bottom of each page of the SITE via a hyperlink and must be consulted before placing an order. The CLIENT is invited to read carefully, download, print these General Conditions and keep a copy for their records.
The SELLER recommends that the CLIENT familiarize themselves with the General Conditions before each new order, the version in effect at the time of the order being applicable to it.
By clicking on the first button to initiate the order, and then on the second to confirm it, the CLIENT acknowledges having read and accepted the General Conditions in their entirety and without reservation.

Article 3 - OPENING AN ACCOUNT - PURCHASE OF PRODUCTS

To purchase a PRODUCT, the CLIENT must be 18 years of age or older and have legal capacity, or, if they are a minor, provide authorization from their legal representatives.
Upon ordering, the CUSTOMER must provide accurate and complete information by filling out the form available on the SITE. Fields marked with an asterisk (*) are mandatory for the order to be processed. The CUSTOMER can track the status of their order on the SITE and, if applicable, use the online tracking tools of the relevant carriers.
The SELLER reserves the right to ask the CUSTOMER to confirm their identity or to provide proof of the information provided, by any appropriate means.

Article 4 - ORDERS

Article 4.1 - Characteristics of PRODUCTS

The SELLER strives to describe the main characteristics of the PRODUCTS on the product sheets of the SITE and to provide all mandatory information in accordance with applicable legislation. The CUSTOMER is required to consult this information before placing an order.
The SELLER may modify the selection of PRODUCTS available on the SITE based on the constraints of its suppliers.
Unless expressly stated otherwise, all PRODUCTS offered by the SELLER comply with European legislation and current French standards.

Article 4.2 - Ordering procedure

Product orders must be placed exclusively on the SITE.
To place an order, the CUSTOMER follows these steps:

Select the desired PRODUCT(s) by specifying the characteristics and quantities;
Add these PRODUCTS to the cart;
Check the contents of the cart, identify yourself or create an account if necessary;
Consult a summary containing the price, taxes, and applicable delivery charges;
Validate the order and proceed to payment by providing the necessary information;
Choose the delivery method.

After these steps, a confirmation page appears, and an acknowledgment of receipt is sent to the CUSTOMER by email.
Neither the order form nor the acknowledgment of receipt constitutes an invoice. The invoice will be sent by email upon DELIVERY of the PRODUCTS.

Article 4.3 - Order date

The order date corresponds to that of the acknowledgment of receipt issued by the SELLER. Delivery times take effect from this date.

Article 4.4 - Price

The prices of the PRODUCTS are indicated in euros including VAT, including the applicable VAT rate at the time of the order. Any change in this rate may lead to a revision of prices.
The prices indicated on the SITE may vary due to promotional offers or changes in supplier rates.

Article 4.5 - Availability of PRODUCTS

The availability of PRODUCTS depends on the SELLER's stock. If a PRODUCT is unavailable after the order, the CUSTOMER will be informed promptly and can choose between waiting, an alternative solution, or a full refund.

Article 5 - RIGHT OF WITHDRAWAL

The terms related to the right of withdrawal are defined in the refund policy.

Article 6 - Payment

Article 6.1 - Payment methods

The CUSTOMER has the option to pay for their PRODUCTS online on the SITE, using the payment methods offered by the SELLER.
The CUSTOMER certifies to the SELLER that they have all the necessary authorizations for the use of the selected payment method.
The SELLER commits to implementing all appropriate measures to ensure the security and confidentiality of the data transmitted online as part of the payment process on the SITE.
It is specified that all payment-related information provided on the SITE is transmitted directly to the banking institution affiliated with the SITE and is not processed on the latter.

Article 6.2 - Payment Date

In the case of a one-time payment by credit card, the CLIENT's account will be debited immediately after the validation of the order of the PRODUCTS on the SITE.

Article 6.3 - Delay or Refusal of Payment

In the event of a refusal to debit a card or any other means of payment by the bank, the CLIENT is required to contact the SELLER's Customer Service to proceed with the payment of their order via another valid means of payment.
In the event that, for any reason (opposition, refusal, or other), the transmission of the amount due by the CLIENT proves impossible, the order will be automatically canceled and the sale terminated by operation of law.

Article 7 - Archiving

Any contract concluded between the CLIENT and the SELLER, corresponding to an order, will be kept by the SELLER for a period of ten (10) years, in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this data in order to allow for the tracking of transactions and to provide a copy of the contract to the CLIENT upon request.
In the event of a dispute, the SELLER may demonstrate the reliability of its electronic tracking system, ensuring the integrity of the transaction.

Article 8 - Transfer of ownership

Ownership of the delivered PRODUCTS remains with the SELLER until full payment is made by the CLIENT.
These provisions do not hinder the transfer of risks of loss or deterioration of the PRODUCTS to the CLIENT upon their receipt, or upon receipt by a third party designated by the CLIENT other than the carrier, as well as the risks of damage that these PRODUCTS may cause.

Article 9 - Packaging

The PRODUCTS will be packaged in accordance with current transport standards to ensure their maximum protection during DELIVERY.
CLIENTS must adhere to these same standards when returning the PRODUCTS.

Article 10 - Warranties

The SELLER is obliged to deliver a PRODUCT that is compliant, meaning it meets the expected use of a good of the same nature and conforms to the description on the SITE. This compliance also includes the qualities that a buyer can legitimately expect, considering the public statements made by the SELLER, particularly in advertisements and on labels.
The legal action based on non-compliance or hidden defects (articles 1641 to 1649 of the Civil Code) is subject to a limitation period of 24 months from the DELIVERY of the PRODUCT.
For second-hand goods, this period is limited to 12 months.
Any product deemed defective will be handled by the SELLER's After-Sales Service, which will establish a diagnosis of the failure and will proceed, or have it proceeded, to the repair.
In case of technical and/or economic impossibility to repair the product within 30 days, the CUSTOMER may request either the replacement of the product or a refund. If the store does not have an identical product, an equivalent product will be offered to the CUSTOMER. The warranty applicable to the replacement product corresponds to the remaining warranty period, extended by the duration of the product's immobilization. As a last resort, if the replacement proves impossible, a credit note will be issued.

ARE NOT COVERED BY THE WARRANTY:

Damage caused by a third party or resulting from intentional or fraudulent misconduct.
Damage related to the use of energy, use or installation not in accordance with the normal use of the product.
The replacement of consumable parts (such as seals, filters, batteries, accessories, lamps, bulbs, spark plugs, projector lamps, batteries, ink cartridges, ink ribbons, and other consumables in general).
Wiring or commissioning errors.
External damage to the device: scratches, impacts, cracks, appearance defects, breakages, etc.
Damage related to industrial or commercial use.
Damage caused by fire, lightning, flooding, storm, or vandalism.
Material or immaterial damages resulting from the breakdown of the device (loss of enjoyment, loss of the contents of the devices, etc.).
Products whose safety label has been removed, altered, or replaced.
Consequences of a shock, fall, or misuse.
Consequences of humidity, oxidation, or excessive exposure to heat.
Opening of the device by an unauthorized person or any internal modification, such as flashing mobile phones or consoles.
Products handled by the buyer or by a third party not authorized by the SELLER to replace components.

Article 11 - Liability

The SELLER's liability cannot be engaged in case of non-performance or improper performance of contractual obligations attributable to the CLIENT, particularly during the processing of their order.
The SELLER shall not be held responsible or considered to have failed in its obligations in the event of delay or non-performance resulting from a case of force majeure, as defined by the jurisprudence of French courts.
Furthermore, it is specified that the SELLER exercises no control over websites directly or indirectly linked to the SITE. Therefore, it excludes any liability regarding the information published on these third-party sites. Links to these sites are provided for informational purposes only, without any guarantee regarding their content.

Article 12 - Validity of the General Terms and Conditions

Any modification of the legislation or regulations in force, or any judicial decision invalidating one or more clauses of these General Terms and Conditions, shall not affect the validity of the other provisions. These changes or decisions do not confer any rights to the CLIENTS to deviate from these.
Any provision not expressly provided for in these General Terms and Conditions shall be governed by the practices of the retail sector for companies whose registered office is located in France.

Article 13 - Modification of the General Terms and Conditions

These General Terms and Conditions apply to all purchases made on the SITE, as long as it remains accessible online.
These General Terms and Conditions, dated precisely, may be modified or updated by the SELLER at any time. The applicable General Terms and Conditions are those in effect at the time of the order.
The modifications made will not apply to PRODUCTS already purchased.

Article 14 - Jurisdiction and applicable law

These General Terms and Conditions, as well as the relationships between the CLIENT and the SELLER, are governed by French law.
In the event of a dispute, only French courts will have jurisdiction. However, before any judicial or arbitration proceedings, the parties agree to prioritize an amicable resolution, in a spirit of loyalty and good faith, with a view to reaching an agreement.
During this negotiation phase and until its outcome, the parties refrain from initiating legal action related to the dispute, except for recourse to summary proceedings or requesting an order on application. Such a procedure does not constitute a waiver of the amicable settlement clause, unless expressly stated otherwise by the parties.

General terms and conditions of sale