The hereby stated terms of sale are concluded on the one hand by the FLYPE company (the « seller »), SAS with a capital of 18.587 Euros, with a head office at 23-25, rue Jean-Jacques Rousseau – 75001 Paris and registered under n°B 534 449 590 in the Paris Trade and Companies Register and, secondly, by any person or entity (the “buyer”) wishing to make a purchase via the Seller’s website, http://www.flype.com (the "website").

Subject

These terms of sale are to define the contractual relationship between the seller and the buyer as well as the terms applicable to any purchase made via the seller’s website, regardless of the buyer being a professional or a consumer. The purchase of a good or service through this website implies unconditional acceptance by the buyer of these terms of sale. These terms of sale shall prevail over any other general or special terms not explicitly approved by the seller. The seller reserves the right to implement changes to its terms of sale at any time. In this case, the applicable conditions will be the ones in effect at the date of the order by the buyer.

 

Products and services for sale

The products and services offered are those which appear in the catalogue published on the seller’s website. These products and services are offered within the limit of available stocks. Each product is accompanied by a short description. The photographs and representations of the catalogue are as accurate as possible but cannot ensure complete similarity with the product offered.

Tariffs

The prices displayed in the catalogue include all taxes in Euros and take account of the VAT applicable on the day of the order; any change of rate may be reflected on the prices of products or services. The seller reserves the right to change prices at any time, knowing that the prices listed in the catalogue on the day of the order will be the only applicable one to the buyer. The indicated prices do not include shipping costs. They are however specified before any order to completed.

Geographical coverage

The sale on line of products and services presented on the website is reserved to buyers who live in France, in DOM-TOMs, in Monaco, Switzerland and countries within the European Union for deliveries in the geographical areas.

Orders

A buyer wishing to purchase a product or service is obliged : - To fill in the identification page on which it will indicate all the details requested or to give its client number is it has got one; - To fill in the right purchase order online and give all chose product and service references; - To complete its order after having checked it; - To carry out the payment under the conditions provided; - To confirm its order and its payment.

The order confirmation entails acceptance of these terms of sale, the recognition to have perfect knowledge of them and the renunciation to one’s own terms of purchase or other conditions. All data provided and the order confirmation shall be deemed a valid proof of the transaction. Confirmation shall be deemed a signature and acceptance of transactions. The seller will send the confirmation of the registered order by email.

Withdrawal rights

Buyers who are non-professional individuals have a right of withdrawal amounting to seven days from the date of delivery of their order, during which they can return the product to the seller for exchange or refunding without penalty, provided the integrity of the product is maintained and with the exception of the return expenses.

Modes of payment

Payment muse be made at the time of the order. Payments will be made by credit card; they will be made via the secure transaction system so that the information transmitted is encrypted by software and no third parties can become acquainted during the settlement operation. The buyer’s account will not be charged until the available products or services are shipped, and it will only be charged with the amount of the products or services that were sent or downloaded. A paper invoice showing VAT will be sent to the buyer upon request.

 

Deliveries

Deliveries are made to the address on the order form; the address must point to a location within the geographical area established above. The risks are the responsibility of the buyer as from the moment when the products left the seller’s buildings. In case of damage during transport, a justified protests must be formulated with the conveyor within three days from the delivery. Delivery times are only of an indicative nature; if they exceed thirty days from the order, the sales contract may be terminated and the buyer will be reimbursed.

 

Warranty

All products supplied by the seller benefit from the legal guarantee provided by articles 1641 et seq. of the Civil Code. In case of non-compliance of product sold, it can be returned to the vendor who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post at the seller’s head office, within thirty days after delivery.

 

Liability

The seller as an online vendor is only bound by a best effort obligation ; it cannot be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, service breaks, or any other unintended problems.

Intellectual Property

All elements of the seller’s website are and remain the exclusive intellectual property of the seller. No one is allowed to reproduce, use or rebroadcast for any purpose whatsoever, even partially, the elements of the hereby website whether they are software, visual or acoustic elements. Any hyperlink to the seller’s website (home page or any other page) is allowed on condition that it does not display the website in a frame.

Personal data

In compliance with the relating to data, files and freedoms of January 6, 1978, the information containing names of the registered customer will be processed automatically. The seller reserves the right to collect information on buyers including the use of cookies, and may, if it wishes to do so, share the information collected with trading partners. Buyers may oppose the transmission of their personal information by stating it to the seller. They also have a right to access and correct data concerning them, as provided by the Law of 6 January 1978. Automated processing of information, including the management of website users’ e-mails has been declared to the CNIL.

Data retention

The seller archives purchase orders and invoices on a reliable and durable media which constitutes a reliable copy under the provisions of Article 1348 of the Civil Code. The seller’s computerized records will be considered by the parties as proof of communication, orders, payments and other transactions between the parties.

Dispute resolution

These terms of online sales are subject to French law. In case of dispute, the jurisdiction is granted to the courts of Paris, notwithstanding a plurality of respondents or a guaranteed appeal.


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