General terms and conditions of sale
ARTICLE 1 - CONCLUSION OF THE SALE
- Once the order form has been completed on the FULKIT-SKATEBOARDS.COM site, clicking on the "Confirm order" button after having ticked the box "I accept the general conditions of sale" implies full and unreserved acceptance of these general conditions of sale.
- No modification may be made to these conditions without the prior written agreement of a duly authorised representative of FULKIT-SKATEBOARDS.COM.
- All orders will only be taken into consideration once payment has been accepted.
- The parties agree that the contract is subject to French law. The language of the General Terms and Conditions of Sale is French.
- Art.L.121-25 Within fourteen days, including public holidays, from the date of the order or purchase commitment, the customer has the option of withdrawing from the contract by registered letter with acknowledgement of receipt. If this period normally expires on a Saturday, Sunday or public holiday, it is extended until the next working day. No product that is incomplete or shows signs of wear may be returned for reimbursement. The cost of returning the product will be borne by the customer.
ARTICLE 2 - PRICES
- The prices of our products are indicated in euros, inclusive of all taxes and excluding delivery charges, subject to any typographical or printing errors. In accordance with European Union legislation, for shipments within the EU, the VAT of the country of destination is applied. This may explain a variation in the price including VAT after registration of the delivery address.
- VAT is not charged on orders delivered outside the EU zone. However, in accordance with the rules of international trade, a customs declaration will be attached to the parcel, and the recipient may be liable to pay customs duties to the carrier.
- All orders, whatever their origin, are payable in Euros.
- FULKIT-SKATEBOARDS.COM reserves the right to modify its prices at any time. Products will be invoiced on the basis of the rates in force at the time the order is registered. The products remain the property of FULKIT-SKATEBOARDS.COM until full payment has been received by FULKIT/GAMBY DISTRIBUTION.
ARTICLE 3 - PRODUCTS
- 3.1 Description :All diagrams, characteristics, illustrations, descriptions and special conditions relating to weight, dimensions or capacity and other details, wherever they appear (on the website, catalogues, price lists, quotations, delivery notes, invoices and packaging), are intended to give a general idea of the products, but are not contractual. FULKIT-SKATEBOARDS.COM takes all reasonable steps to ensure the accuracy of the descriptions, but relies, where appropriate, on information supplied by its suppliers and accepts no liability in contract or tort or under statute, regulation or otherwise, for any errors or omissions in the descriptions whether or not caused by the negligence of FULKIT-SKATEBOARDS.COM.
- 3.2 Performance:Subject to any performance standards, tolerances or special features which FULKIT-SKATEBOARDS.COM may have expressly warranted to the Buyer on the basis of precise identification, FULKIT-SKATEBOARDS.COM accepts no liability in the event that any standards are not met. Subject to any written undertaking by FULKIT-SKATEBOARDS.COM as to the sufficiency and suitability of the products and based on needs expressly expressed by the purchaser, it is the responsibility of the purchaser to choose products that are sufficient and suitable for their needs and requirements and to assume full and complete responsibility for them.
- 3.3 Range of products/characteristics:FULKIT-SKATEBOARDS.COM reserves the right to cease the marketing of any product offered to the buyer appearing in the price list or commercial documents and/or to modify the characteristics of these products at any time, without prior notice and without being able to give the right to the payment of any damages whatsoever.
ARTICLE 4 - DELIVERY & RETURNS
- 4.1- General: Products purchased on FULKIT-SKATEBOARDS.COM and paid for before 3pm are generally dispatched the same day (Monday to Friday). Products are delivered to the delivery address you indicated during the ordering process. All our products are shipped under the customer's responsibility. FULKIT-SKATEBOARDS.COM cannot be held responsible for the consequences of late delivery.
- 4.2 - Delivery problems: You must notify the carrier and FULKIT-SKATEBOARDS.COM of any reservations about the product delivered (for example: damaged package, already opened, etc.) within 3 days of receiving the product.
- 4.3 - Conformity of products: In the event of non-conformity or an apparent defect in the products, it is the responsibility of the buyer to send a written complaint to FULKIT-SKATEBOARDS.COM within ten days of the date of delivery of the products. After this period, FULKIT-SKATEBOARDS.COM declines all responsibility for the non-conformity or apparent defect of the products. The liability of FULKIT-SKATEBOARDS.COM in the event of faulty delivery or delivery of non-conforming products is limited to the replacement of the products within a reasonable period of time or the reimbursement of the sums paid by the purchaser, where applicable. Products must be returned to us in the condition in which you received them and returned in accordance with the stipulations of article 4.5 entitled "Returns". Postage costs will be reimbursed on the basis of the invoiced rate.
- 4.4- Availability: Product offers are valid while stocks last. If a product is unavailable after you have placed your order, we will inform you by e-mail of the best delivery time or offer you cancellation and reimbursement of the order if the delivery time is too long.
- 4.5- Returns: The buyer must first obtain a return authorisation from the customer service department (by e-mail to contact@fulkit-skateboards.com) and enclose the invoice with the shipment. The reason for the return and the order reference must be clearly and legibly written on the package. The customer has a period of 30 days from the date of the order to return it (reduced to 14 days for products on sale or promotion). Any returns not complying with these instructions will be refused and returned to the sender at the customer's expense. The buyer undertakes to take all precautions for the return of the products and will be solely responsible for all delivery costs. Any product returned damaged during shipment will be at the customer's expense.
- Returned products will be refunded or exchanged. In the case of a first exchange, Fulkit does not charge any return shipping fees (Metropolitan France only). For third countries, expenses may be charged) and will send the products back via the most economical carrier.
- In the case of a refund following a return. Except in the case of a defective product or an error on our part. Transport costs will not be refunded.
- In the event of a parcel sent by Fulkit, but not claimed, then returned by the carrier, and in the event that the customer wishes to retract his order, the total cost of transport (outward and return) will be deducted from the refund.
- No returns will be accepted on products that have required customisation (skates assembled "à la carte", griptape, T-shirts with personalised printing, skateboard assembled "à la carte").
- No returns will be accepted if the product is incomplete or shows signs of use. In the event of a return that does not comply with the conditions, the return will be refused and the customer will have to pay the transport costs if he wishes to collect the product.
- In some cases (e.g. oversized package, region or country not served by the carrier), Fulkit reserves the right to replace the selected carrier by another delivery method.
- In the event of a delivery problem following erroneous or missing information provided by the customer (e.g. wrong postcode, missing street number, missing telephone number, name not indicated on the letterbox, etc.), reshipment costs may be claimed. If, for the same reason, a letter is lost, Fulkit will not be held responsible and no refund will be made.
- In case of a parcel delivered to a relay point (Mondial Relais, Chronopost Relais Express, Chronopost Shop2Shop), and returned by the carrier for the reason "parcel not claimed within the time limit", return fees may be claimed, or, in case of cancellation of the order by the customer, return fees will not be reimbursed. In the case of an order with free delivery, a fee equivalent to 5% of the amount of the order may be deducted from the refund.
- In the event of a parcel being delivered to a relay point (Mondial Relais, Chronopost Relais Express, Chronopost Shop2Shop) a second time, and returned by the carrier for the reason "parcel not claimed within the time limit", the order will be cancelled and reimbursed, and all shipping costs generated (outward/return) will be retained.
- 4.6: Delivery times: Delivery times are given as an indication when the customer selects the means of transport. Fulkit undertakes to dispatch orders within the time indicated. In the vast majority of cases, the indicative transport times are respected. On the other hand, Fulkit cannot be held responsible for any delay linked to the carrier itself.
- 4.7: Claim for non-delivery: Fulkit will refer to the carrier follow-up to judge the situation:
- In case of a parcel declared lost by the carrier, Fulkit will reship the parcel as soon as possible and at no cost for the customer.
- In case of certified parcel delivered by the carrier, Fulkit discharges itself from any responsibility.
- It is the customer's responsibility to provide an accurate and precise address (with telephone number), and to make sure that his mailbox is compliant and secure (with his name clearly written). In the event of non-delivery due to an "incomplete address", a re-delivery charge may be levied.
- After 2 months from the date of order, no claim relating to delivery will be accepted, and the parcel will be systematically considered to have been delivered. PLUS DE DETAILS SUR LES LIVRAISONS ICI
- 4.8: Shipping costs are free for France and the Benelux countries from a purchase of €70; or from €130 for Germany, Spain, Italy and Portugal; or from €190 for the rest of the European Union countries. These conditions apply to the Shop2Shop Chronopost carrier. Certain bulky items are not handled by this carrier and, as a result, may be subject to transport charges.
ARTICLE 5 - PAYMENT
- Payment for purchases is made :
- - By secure credit card via Payplug, Credit Agricole E-Transaction, or Alma (split payment)
- - By Paypal at contact@fulkit-skateboards.com:- FREE and SECURE payment by credit card. This method of payment requires prior registration on the www.paypal.fr website . Registration takes just a few minutes. The secure transaction takes place after the order has been validated. Your order will be processed and dispatched immediately after validation - By credit card (Visa, Carte Bleue, Mastercard) via PAYPAL
- - By bank transfer: Bank details provided when confirming the order
- - By bank or postal cheque : After validating your order on our site, send your cheque by post, quoting the order reference given in the confirmation e-mail. Your order will be dispatched once the cheque has been cashed, in accordance with the stipulations of article 4 entitled "DELIVERIES". If you pay by cheque, it must be issued by a bank domiciled in mainland France. Your payment by cheque must reach us within 5 working days. Any order not paid within this period may be cancelled. The cheque is cashed on receipt. Beneficiary of the cheque: GAMBY DISTRIBUTION Sending address: FULKIT - 42 RUE PRE DIDIER, 38120 FONTANIL CORNILLON - France.
- - Cash: This method of payment is only available for orders with in-store collection.
ARTICLE 6 - REFUNDS
- Refunds for products in the cases referred to in articles 4 and 7 will be made within 10 days or less of receipt of the products by us.
ARTICLE 7 - SECURITY
- Our site is subject to a security system: we have opted for the Payplug, Crédit Agricole E-Transaction, Alma and PayPal secure payment solutions, which involve the use of Secure Socket Layer (SSL) technology, which uses an encryption technique to ensure the integrity and confidentiality of data circulating on the Internet.
ARTICLE 8 - CUSTOMER SERVICE
- For any information or questions, our customer service is at your disposal:
- FULKIT/GAMBY DISTRIBUTION - 42 RUE PRE DIDIER, 38120 FONTANIL CORNILLON - France. - FULKIT-SKATEBOARDS.COM Customer Service Tel: 07 609 678 28
- or by email to contact@fulkit-skateboards.com
ARTICLE 9 - GUARANTEE
- 10.1 Principles:The products distributed on the FULKIT-SKATEBOARDS.COM site are guaranteed against material, manufacturing or design defects from the date of delivery and within the limits of the stipulations below. Interventions under the terms of the guarantee shall not have the effect of extending the guarantee.
- 10.2 Limitations:The duration of the guarantee is limited to:12 months (except for items for which the guarantee is indicated otherwise) for all other items from the FULKIT-SKATEBOARDS.COMshop , which will only cover, within the framework of this guarantee, the replacement or repair of the product recognised as defective by the latter, to the exclusion of any other damage. No product may be returned to FULKIT-SKATEBOARDS.COM with a view to the issue of a credit note without the prior and express agreement of the latter. The guarantee is excluded for any damage resulting from force majeure, static discharges, normal wear and tear, inappropriate use, as well as for any damage due to accidents, negligence, repairs carried out by the purchaser or by a third party or if the conditions of use set out in the instructions or the installation conditions have not been respected. FULKIT-SKATEBOARDS.COM does not guarantee the suitability of the products for a particular use, the performance of the products and/or any equipment used in conjunction with them.
- 10.3 Implementation:Any claim relating to a defect or non-conformity of a product, in order to be admissible, must be made in writing to FULKIT-SKATEBOARDS.COM. The guarantee request must precisely define the defects in question in writing and must indicate the date of purchase of the product concerned. Returns of defective products or parts are only authorised if FULKIT-SKATEBOARDS.COM has previously accepted them. Returns must be sent to FULKIT-SKATEBOARDS.COM carriage paid and packaged and must be accompanied by the returns authorisation number issued by Customer Services, as referred to in article 4.5, during the guarantee period referred to in article 10.1 above and no later than one month after the end of the said period. Before returning products to FULKIT-SKATEBOARDS.COM, the purchaser must ensure that any element of any nature whatsoever (in particular any memory card) added or incorporated, if applicable by the purchaser, has been removed from the product. FULKIT-SKATEBOARDS.COM is not liable for any loss or damage that may be caused to any of these elements. If the buyer fails to remove these elements, FULKIT-SKATEBOARDS.COM reserves the right to do so without being held responsible. In any case, in accordance with common law, a complaint by the customer about all or part of the products, for any reason whatsoever, if the validity of this complaint is not explicitly recognised in writing by FULKIT-SKATEBOARDS.COM, does not in any way authorise the customer to take legal action against himself and to withhold payment of any invoice, whether or not it relates to the dispute.
- 10.4 Guarantee refusal case: After returning the product to Fulkit-skateboards.com, any guarantee request may be refused if the reason is not acceptable (Cf 10.2) or the request is abusive. Fulkit is only the intermediary between the customer and the brand or distributor. Therefore, the acceptance or not of the guarantee request does not imply Fulkit's responsibility. If the guarantee is refused after the product has been returned, it is the customer's responsibility to pay the return costs if he wishes to recover the product.
ARTICLE 10 - LIABILITY
- FULKIT-SKATEBOARDS.COM cannot be held responsible for the non-execution of the contract in the event of force majeure, disruption or total or partial strike, notably of the postal services and means of transport and/or communications, flooding, fire, war, major industrial disaster, pandemic, etc.
- FULKIT-SKATEBOARDS.COM declines all responsibility in the event of deterioration or damage to the goods for any reason whatsoever (for example: fire, flood, damp, etc.) as well as in the event of total or partial loss, once the goods have been made available to the buyer in any place whatsoever. Under no circumstances will FULKIT-SKATEBOARDS.COM be liable for indirect material or physical damage, consequential loss, loss of profit, loss or any other damage that may result from the supply and use of the products, whatever the basis of the liability regime concerned. In the event of a claim recognised as justified by FULKIT-SKATEBOARDS.COM, its liability is limited to the replacement of the goods deemed to be defective, without any indemnity and/or penalty being able to be claimed for any reason whatsoever. In accordance with the provisions of article 17 of law no. 98-389 of 19 May 1998, FULKIT-SKATEBOARDS.COM declines all responsibility for damage caused to goods that are not used by the customer mainly for their own private use or consumption.
ARTICLE 11 - MISCELLANEOUS PROVISIONS
- The fact that FULKIT-SKATEBOARDS.COM does not exercise a right or an option conferred upon it by the present general conditions of sale is not equivalent, on its part, to a definitive renunciation of the exercise of this right or this option. The fact that FULKIT-SKATEBOARDS.COM does not penalise a breach by the buyer of one or more clauses of these general conditions of sale does not amount to a tacit renunciation of its right to penalise the breaches observed.
- The fact that FULKIT-SKATEBOARDS.COM does not respect any of the obligations placed upon it by the buyer will not result in the immediate cessation of any relationship, such as the cancellation of orders in progress and/or the cancellation of sales of products already delivered by the buyer.
- If the purchaser incurs any costs in relation to any type of proceedings in which FULKIT-SKATEBOARDS.COM may be involved and on the basis of which the purchaser may feel entitled to claim damages, and without having agreed with FULKIT-SKATEBOARDS.COM beforehand, the purchaser will bear the said costs without being able to claim any reimbursement of the sums incurred.
ARTICLE 12 - JURISDICTION - APPLICABLE LAW - DISPUTES
- Attribution of jurisdiction: By express agreement, exclusive jurisdiction for all disputes that may arise between the parties in the course of their commercial relations is attributed to the Courts of the registered office of GAMBY DISTRIBUTION, whatever the place of delivery, the method of payment accepted, and even in the case of an appeal in warranty or multiple defendants.
- Applicable law: Relations with the buyer are governed by French law. If these terms and conditions are translated into a foreign language, only the text written in French shall be authentic.
ARTICLE 13 - PERSONAL INFORMATION
- FULKIT-SKATEBOARDS.COM undertakes not to divulge to third parties any information that you communicate to us if you do not wish us to do so. This information is confidential. It will only be used to process your order and to reinforce and personalise communication and offers reserved for FULKIT-SKATEBOARDS.COM customers. Our site is also designed to be particularly attentive to the needs of our customers. This is one of the reasons why we use cookies. The purpose of a cookie is to indicate that you have visited our site. Cookies are therefore only used by FULKIT-SKATEBOARDS.COM in order to improve the personalised service intended for you.
ARTICLE 14 - MANAGEMENT OF INACTIVE ACCOUNTS & DATA RETENTION
- Customer accounts created on the site that have never resulted in an order may be considered inactive. As such, they are, in principle, deleted after a period of three (3) years of inactivity from the date of the last login to the account.
- The deletion of an account results in the deletion or anonymization of the personal data associated with it, with the exception of data that must be retained to comply with a legal, accounting, or tax obligation, or for the establishment, exercise, or defense of legal claims.
- The personal data collected when creating a customer account or using the site is not transferred or sold to third parties. It is shared only with our technical service providers and contractual partners strictly necessary for the operation of the service and is used exclusively for the following purposes: management of customer accounts, order processing, and compliance with applicable legal and regulatory obligations.
- In accordance with the applicable regulations on the protection of personal data, the customer has the right at any time to access, rectify, erase, restrict, and object to the processing of their data. These rights may be exercised under the conditions set out in our Privacy Policy.
ARTICLE 15 - LEGAL INFORMATION
Fulkit is the property of EURL GAMBY DISTRIBUTION - 42 RUE PRE DIDIER, 38120 FONTANIL-CORNILLON- France. - FULKIT-SKATEBOARDS.COM Customer Service Tel: 07 609 678 28.
EURL with a capital of 65500€ Siret N°: 844 425 611 00028
Site manager: PIERRE GAMBY E-mail: contact@fulkit-skateboards.com
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