ARTICLE 1 / IDENTIFICATION OF THE SELLER These General Terms and Conditions of Sale apply to the website www.fusalp.com which is published and operated by the company Créations Fusalp SA, registered with the RCS of Annecy under number 330 792 987, whose head office is located at 114, Avenue de France - BP 840 - 74016 Annecy Cedex - France, whose telephone number is +33 (0)4.50.23.88.88 and whose intra-community VAT number is FR 06 330 792 987. ARTICLE 2 / APPLICATION OF THE GENERAL CONDITIONS OF SALE These General Conditions of Sale apply to all sales concluded on the site https://fusalp.com/ . They do not apply to sales in stores or through other marketing channels. These general terms and conditions of sale (hereinafter "GTC") express the entirety of the obligations of the parties. In this sense, the Buyer is deemed to accept them without reservation. They will prevail over any other document. CREATIONS FUSALP (hereinafter "FUSALP" or the "Seller") and the Buyer agree that these terms and conditions exclusively govern their relationship. The Seller reserves the right to modify the General Terms and Conditions from time to time, which will be applicable as soon as they are posted online. If a condition of sale is missing, it will be deemed to be governed by the practices in force in the distance selling sector. The purpose of these General Terms and Conditions is to define the rights and obligations of the Parties in the context of the online sale of FUSALP products offered by the Seller through the Site. The Buyer confirms having read the General Terms and Conditions and having accepted them at the time of placing his order. They are binding on him in accordance with the terms of Article 1119 of the Civil Code. ARTICLE 3 / PRODUCTS The product offers proposed on the site www.fusalp.com are governed by these conditions of sale; they are valid as long as they remain online until their availability is exhausted. FUSALP undertakes to communicate indicative information, texts and photographs associated with the products, as compliant as possible. However, there may sometimes be minor differences with the final product. If the item received does not correspond to the product ordered by the buyer (model, size, color or reference), the latter has 15 days upon receipt of the package to request a return from customer service by email at eshop@fusalp.com or directly through their customer account . All FUSALP products are sold exclusively on the website www.fusalp.com, in our FUSALP stores and our official resellers. These items are authentic and meet FUSALP quality criteria. Before making any online purchase, we advise you to ensure the reliability of the site you are on, or to contact us here. If you have any doubts about a product purchased outside the www.fusalp.com website or the network of stores and resellers, you can contact customer service, by sending a photo of the product, as well as the link to the website on which you purchased the product. ARTICLE 4 / ORDER Any order placed on the site www.fusalp.com constitutes express acceptance of these General Conditions of Sale and acceptance of the prices and products available for sale. ORDERING PROCESS The Buyer who wishes to place an order must follow the following procedure: 1 - Product selection : Select the product you wish to order. 2 - Checking the contents of the selection : Check the contents of the basket while keeping the possibility of deleting the products that have been selected. 3 - Identification : the Buyer has the possibility to create an account by filling out the identification form made available to him and indicating the requested information (mandatory information, name, first name, address, e-mail, password, telephone number for delivery). However, the Buyer is not required to create an account to place an order on the Site, and can continue in guest mode if necessary. 4 – Verification and validation of the order : Check the contents of the order, the total price, the delivery and billing addresses while keeping the possibility of deleting a product or modifying the billing and delivery address. The Buyer validates his method and terms of delivery and payment. By placing an order, the Buyer confirms his acceptance of these General Terms and Conditions. After confirming his payment, the Buyer can no longer modify and/or cancel his order. 5 - Acknowledgment of receipt of the order : the buyer receives an e-mail summarizing the contents of his order, namely: their delivery and billing addresses his order number the date of the order the list of Products ordered and their amounts the method and terms of delivery (address provided by the Buyer). We advise the Buyer to keep and print this document, official proof of your order. The Buyer's order is then recorded and processed by our sales administration which checks the availability of the product(s) ordered. Any order placed constitutes acceptance of the prices and descriptions of the products available for sale. FUSALP undertakes to honor orders received on its website only within the limits of available stocks. In the event of unavailability of the products ordered, our customer service will contact the buyer by telephone or e-mail as soon as possible, in order to agree with him on the outcome of his order: sending the available product(s) within a new approximate delivery time or cancellation and refund of the order. The refund is made within a maximum of fourteen (14) days. 6 - Confirmation of sending the order : The buyer will receive an e-mail summarizing the contents of his order and confirming the sending of his order. The contract is deemed to be concluded on the date of sending this e-mail. TRACKING YOUR ORDER To track an order, the Buyer may refer to the order tracking page in their customer account, the FAQ pages or contact our Customer Service. The Buyer may also contact Fusalp Customer Service (hereinafter the “Customer Service”): By phone: +33 4 85 21 31 78 By email: eshop@fusalp.com ARTICLE 5 / PRICES AND METHODS OF PAYMENT The prices charged are those in effect on the day of the order. Depending on the selected delivery country, prices may be displayed as follows: All taxes included, taking into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected. Excluding taxes, with taxes and customs duties payable when ordering. Excluding taxes, with taxes and customs duties already included in the final price of the product. A message will always be present when placing an order to indicate to the buyer the situation in which they find themselves and the applicable terms and conditions. Furthermore, the prices do not include delivery costs, which are charged in addition and indicated before the order is confirmed. Payment of the full price must be made when ordering. At no time may the amounts paid be considered as deposits or down payments. If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change may be reflected in the sale price of the Products. FUSALP reserves the right to modify its prices at any time but the products are invoiced on the basis of the prices in effect at the time the order is validated by the customer. The invoice is issued by the website www.fusalp.com and can be downloaded in PDF format directly from the customer account. PAYMENT METHODS Payment for the order is made online using the available payment methods displayed according to the country of delivery. In case of payment by credit/debit card, all information (e.g. credit/debit card number or expiration date) will be transferred, by means of an encrypted protocol, to the payment service providers providing the services related to remote electronic payment, without the Seller being able to have access to it under any circumstances. This information will be used only to carry out the procedures related to the processing and payment of the order, or to issue refunds in the event of return of Products, following the exercise of the right of withdrawal by the Buyer, or if it proves necessary to report to the competent authorities the occurrence of fraud on the Site. The amount of the order will only be debited after the Seller has sent the Order Confirmation to the Buyer. If, for any reason, payment is refused, the order will be cancelled, without any liability on the part of the Seller in this regard. The Seller will inform the Buyer without delay by e-mail. Any fees applied by the issuer of the bank card, bank or any other payment institution, linked to the processing of payment of the order, remain the exclusive responsibility of the Buyer. FRAUD CONTROLS In order to ensure the security of transactions and to respond to the concern of the greatest number of people to prevent fraud in distance selling, FUSALP may be required to carry out checks on orders that have been validated on its online sales site www.fusalp.com . These checks aim to protect the Fusalp online store from abusive practices in remote payments. As part of these control procedures, FUSALP may be required to ask the Buyer to provide documents necessary to release the order: proof of identity, address, debit in the name of the Buyer, etc. These requests will be made by email or telephone. In the absence of supporting documents or if the documents sent do not allow us to verify the identity of the Buyer and the reality of the address, FUSALP will be obliged to cancel the order to guarantee the security of online transactions. ARTICLE 6 / DELIVERY TERMS SHIPPING COSTS Shipping costs depend on the country of delivery. They will be specified to the buyer when confirming the order. Here is the price list in force on fusalp.com, which is subject to change: DELIVERY AREAS STORE PICKUP FREE THRESHOLD DELIVERY TO RELAY POINT STANDARD HOME DELIVERY EXPRESS HOME DELIVERY France Free x Free (Colissimo) Free (Colissimo) 7.00 EUR (Chronopost) UNITED STATES Free 400 USD 9.90 USD (DHL) United Kingdom Free 300GBP 9.90 GBP (DHL) Germany x 250 EUR 9.90 EUR (DHL) Belgium Free 250 EUR 9.90 EUR (DHL) Spain Free 250 EUR 9.90 EUR (DHL) The Netherlands x 250 EUR 9.90 EUR (DHL) Swiss Free 350 CHF 9.90 CHF (DHL) Suede Free 2900 SEK 120 SEK (DHL) Norway Free 2900 NOK 115 NOK (DHL) Australia x 500 AUD 17 AUD (DHL) South Korea x 430,000 KRW 15,000 KRW (DHL) Rest of Europe x 250 EUR 9.90 EUR* (DHL) Rest of the World x 250 EUR 10 EUR* (DHL) *Prices subject to exchange rate. For all international orders, tax details are available in the purchase tunnel. For any questions regarding your international order, click here . DELIVERY For all products, the order is prepared for departure from our warehouses within a maximum of 48 hours (subject to stock availability) from the order confirmation by email. The average time between placing an order and its delivery is 2 to 3 working days in Metropolitan France and 3 to 6 days for other destinations. This is an average time period observed. Exceeding this time period cannot give rise to any cancellation of the order, any reduction in the price paid by the buyer and any payment in damages. However, and in accordance with the provisions of Article L.121-20-3 of the Consumer Code, in the event of non-delivery upon expiry of a period of thirty days from the day following the day on which the Buyer placed your order, the Buyer will have the option of cancelling his order free of charge. The sums paid by the Buyer will then be refunded. In cases where it has the capacity, the Seller reserves the right to offer the Buyer a product of quality and price equivalent to the initial product. In the event of an incomplete address, incorrect address, refusal of the package by the recipient or lack of information resulting in an inability to deliver the product to the recipient on time, FUSALP cannot be held responsible for the final quality of this delivery. If this lack of information results in a second presentation to the recipient, FUSALP will be entitled to ask you for the costs corresponding to this second delivery. In the event of the recipient's absence, FUSALP cannot be held responsible for the final quality of the delivery. Any claim regarding the delivery of products must be made within 30 working days following the day of delivery. The products must be returned in their original condition (packaging, accessories, etc.) to our customer service at the address indicated in article 11. ARTICLE 7 / RIGHT OF WITHDRAWAL In accordance with Articles L. 121-16 et seq. of the Consumer Code, the Buyer has a period of fourteen (14) days from the day of delivery of his order to notify, without reason, customer service of the wish to return the product. For any return, the Buyer must make the request via their customer account or by contacting customer service via the email: eshop@fusalp.com . Any package returned after the announced deadlines will be refused and returned to the sender. For Customer Service to accept the refund, the product must be returned complete in its original packaging, undamaged and unworn, accompanied by all its accessories and with its label attached to Créations Fusalp SA - 114, Avenue de France - 74000 Annecy – France. Products that are damaged, soiled or incomplete or identified as counterfeits will not be accepted. Reimbursement will be made by FUSALP within fourteen (14) days of receipt of the returned Products. No returns or exchanges are possible in stores in France or internationally. ARTICLE 8 / WARRANTIES AND AFTER-SALES SERVICE The products sold on www.fusalp.com benefit from the legal guarantee of conformity (L.211-4 to L.211-14 of the Consumer Code): Article D211-2 of the Consumer Code: The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared. The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them. If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if: 1o The professional refuses to repair or replace the goods; 2o The repair or replacement of the goods occurs after a period of thirty days; 3o The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good; 4o The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand. The consumer is not entitled to rescission of the sale if the lack of conformity is minor. Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code. Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good. Products sold on www.fusalp.com also benefit from the guarantee against hidden defects (articles 1641 to 1649 of the Civil Code). Throughout the warranty period, the Buyer can make an after-sales service request directly from the dedicated section on the website . Under this warranty FUSALP will cover any necessary repairs or replacement of the product. This warranty does not cover damage resulting from misuse of the product or normal wear and tear due to its use. To benefit from the product warranty, it is essential to keep the product purchase invoice and the delivery note. Product returns and after-sales service should be sent to customer service, the address of which appears in article 11. Fusalp guarantees its products against any defect in materials or manufacturing for a period of 2 years, from the date of purchase by the consumer. Fusalp also offers a paid repair service for all products no longer covered by warranty. For any questions regarding product warranty or repair service, the Buyer may contact [contact]Customer Service[/contact] South Korea: The cost of repair will be borne by the customer. “Satisfied or Refunded” Guarantee: We respect the "Satisfied or Refunded" commitment of the quality charter of the Federation of Distance Selling Companies (FEVAD). ARTICLE 9 / PERSONAL DATA When the Buyer registers on the Site, FUSALP collects his/her personal information (personal data, email address, gender, etc.) through the registration form in order to offer you the services accessible in the restricted access areas of FUSALP and to send the Buyer the FUSALP Newsletter, when the Buyer requests it. Providing personal information about you is essential for processing and delivering your orders. The ordering process on www.fusalp.com may require the creation of a Buyer account in which their information is stored and protected by a password that the Buyer will choose. The Buyer's data is processed by FUSALP to manage and optimize its customer relationship, for statistical and analytical purposes, and if the Buyer consents, to send them communications about FUSALP products, services and events. The Buyer's data will be processed in strict compliance with the provisions of the "Informatique et Libertés" Law No. 78-17 of January 6, 1978. In accordance with this law, the processing of personal data collected on the site www.fusalp.com has been declared to the CNIL registered on July 16, 2007 under number 1244236. The Buyer has the right to access, rectify, erase, limit, oppose the processing and portability of data concerning him/her. To exercise this right, the Buyer can go to the "My Account" section, identify himself/herself and access his/her personal data to correct or modify them. The Buyer may also make a request to Customer Service, by e-mail: eshop@fusalp.com or by post to the following address: Créations Fusalp SA –114 avenue de France - 74000 Annecy – France When creating an account on the Site, www.fusalp.com also offers the Buyer the possibility of receiving by e-mail, via the newsletter, information on exclusive offers, special promotions, new products, competitions organized by FUSALP. The Buyer may decide, at any time, to no longer receive this newsletter by unsubscribing via the unsubscribe link included in the footer of the email. ARTICLE 10 / INTELLECTUAL PROPERTY All documents, text information, graphics, images, photographs or any other content published on the site www.fusalp.com are the exclusive property of Créations Fusalp SA. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever, except with the express authorization of the publication director. ARTICLE 11 / CUSTOMER SERVICE AND AFTER-SALES SERVICE The Buyer may contact customer service for any questions relating to an order, shipping and tracking as well as for questions relating to products and promotional offers: Monday to Thursday from 9 a.m. to 12 p.m. and from 1:30 p.m. to 5 p.m. and Friday from 9 a.m. to 12 p.m. and from 1:30 p.m. to 4:30 p.m., Paris time. Customer service : By phone: +33 4 85 21 31 78 By mail: Créations Fusalp SA –114 avenue de France - 74000 Annecy - France By email to: eshop@fusalp.com Or by clicking [contact]here[/contact] After-Sales Service: By email: eshop@fusalp.com ARTICLE 12 / RESPONSIBILITIES www.fusalp.com cannot be held liable for any events, inconveniences or damages inherent to the use of the Internet, particularly in the event of service interruption, external intrusion or the presence of computer viruses. Furthermore, www.fusalp.com cannot be held responsible for the poor execution of the contract concluded if it provides proof that the fault is attributable either to the consumer, to a third party to the contract or in a case of force majeure. FUSALP shall not incur any liability for any indirect damages arising from this, loss of business, loss of profit, damages or costs, which may arise. ARTICLE 13 / APPLICABLE LAW - DISPUTES The website www.fusalp.com depends on a company under French law. The law applicable to our contractual relations is French law. In the event of a dispute, the French courts will have jurisdiction. In accordance with the provisions of the Consumer Code relating to the amicable settlement of disputes, we have designated the Paris Mediation and Arbitration Center (CMAP) as Consumer Mediator. After a written complaint addressed to Customer Service by sending an email to eshop@fusalp.com , you can contact the CMAP: - via the form available on the CMAP website at www.cmap.fr/consommateurs , or - by mail to CMAP – Consumer Mediation Service, 39 avenue Franklin D. Roosevelt – 75008 Paris. A dispute cannot be examined by the consumer mediator when: (a) the consumer does not prove that he has previously attempted to resolve his dispute directly with the professional by means of a written complaint in accordance with the procedures provided for, where applicable, in the contract; (b) the request is manifestly unfounded or abusive; (c) the dispute has previously been considered or is being considered by another mediator or by a court; (d) the consumer submitted his request to the mediator more than one year after his written complaint to the professional; (e) the dispute does not fall within its scope of jurisdiction; The consumer is informed by the mediator, within three weeks of receipt of his file, of the rejection of his request for mediation. Regardless of the means used to contact the CMAP, your request must contain the following elements in order to be processed quickly: your postal and telephone contact details and your email address as well as the name and address of the establishment concerned, a brief statement of the facts and proof of prior contact with our Customer Service.
