Terms of sale

The withdrawal period is complied with if the customer sends their notice of withdrawal before the required period has expired.

3.2. Effects of withdrawal

If the customer withdraws, we will refund without delay, and at the latest within fourteen days of the day on which we received notice of the revocation of this contract, all payments received from the customer, including shipping costs (with the exception of additional costs resulting from the customer having chosen a delivery method other than the least expensive standard delivery we offer). For this refund, we use the same means of payment as that used by the customer for the original transaction, unless expressly agreed otherwise. We may withhold the refund until we have received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier.

3.3. Return of the goods

In all cases, the customer must return or hand over the goods to us no later than fourteen days after the day on which they informed us of their withdrawal from the contract. This deadline is met if the customer sends the goods before the fourteen-day period has expired.

Returned products must be in their original packaging and unused.

The customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature and proper functioning of the goods.

3.4. Exclusion of the right of withdrawal

The right of withdrawal does not apply in the following cases:

• supply of goods that are prefabricated and made to the consumer’s specifications or clearly tailored to the consumer’s personal needs,
• supply of sealed goods which, for reasons of hygiene or health protection, cannot be returned once they have been unsealed after delivery.

4. 30-day satisfaction or money-back guarantee

In addition to the 14-day statutory withdrawal period, Fackelmann France also offers the consumer a money-back guarantee extending over the following 16 days. This additional guarantee applies under the same conditions as the statutory right of withdrawal, in terms of procedure, return of the goods and refund. Fackelmann France may ask the customer about the reasons for their dissatisfaction, solely for the purpose of improving its products and services.

5. Conformity – Warranties

5.1. Compliance with instructions

The customer undertakes to comply strictly with the storage instructions, the instructions for use and the recommendations shown on the packaging. In all cases, the seller disclaims all liability, for any reason whatsoever, whenever these instructions for use, care and storage have not been complied with.

5.2. Liability of Fackelmann France

The products sold on the website www.fackelmann-protection.com comply with the regulations in force in France and have performance levels compatible with non-professional use.

The products supplied by the seller benefit, by operation of law and without additional payment, independently of the right of withdrawal, in accordance with the statutory provisions, from

• The statutory guarantee of conformity, for Products that are apparently defective, spoiled or damaged or that do not correspond to the order,
• The statutory guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,

under the conditions and in accordance with the procedures set out in the box below and in the appendix & to these General Terms and Conditions.

It is recalled that, under the statutory guarantee of conformity, the customer has a period of two years from delivery of the goods to take action against the seller;-  may choose between repair or replacement of the product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code (Code de la consommation); is exempt from proving the existence of the lack of conformity of the product during the twenty-four months following delivery of the product.

 

The statutory guarantee of conformity applies independently of any commercial guarantee that may cover the product. The customer may decide to invoke the guarantee against hidden defects of the Product in accordance with Article 1641 of the French Civil Code (Code civil); in this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

 

In order to assert their rights, the customer must inform the seller in writing of the non-conformity of the products within a maximum of forty-eight hours (48_h) of receipt of the products or discovery of the hidden defects within the periods referred to above, and provide all evidence of the reality of the non-conformities or defects identified.

The customer will obtain a return authorisation for the product from the seller, specifying the address and procedures for returning the products.

No product may be returned without the seller’s agreement.

Products must be returned in their original packaging, with any accessories, user manuals and other documentation, in accordance with the procedures indicated by the seller.

The seller will refund, replace or have repaired the products or parts under warranty deemed non-conforming or defective.

Shipping costs will be refunded on the basis of the rate invoiced and return costs will be refunded on presentation of supporting documents.

In the event of a refund for products deemed non-conforming or defective, the refund will be made as soon as possible and at the latest within ”Number” days of the Seller’s establishment of the lack of conformity or hidden defect.

The refund will be made by credit to the Customer’s bank account.

The Seller cannot be held liable in the following cases:

• Failure to comply with the legislation of the country in which the products are delivered, which it is the customer’s responsibility to check,
• Misuse or mishandling,
• Failure to comply with the storage and use instructions referred to in 5.1,
• Use for professional purposes,
• Negligence or lack of maintenance on the part of the customer, as well as in the event of normal wear and tear of the product, accident or force majeure.

The Seller’s warranty is, in any event, limited to the replacement, repair or refund of Products that are non-conforming or affected by a defect.

6. Payment terms and conditions

Fackelmann France invoices resulting from sales on the Fackelmann France website are payable immediately and without deduction by bank card via Paypal or Payplug. Orders are only shipped after receipt of payment. The payment is taken when the invoice is issued and the goods are dispatched. The total amount is reserved on the customer’s credit card as soon as the customer confirms their order online.

7. Retention of title

Fackelmann France retains ownership of the goods sold until full payment of the entire price, including principal and ancillary costs. Non-payment, even partial, of any instalment may lead to the goods being reclaimed. The right to reclaim may be exercised even in the event of receivership or compulsory liquidation of the purchaser. In the event of reclamation, the sale will be terminated automatically. The repossession of the products by the seller does not preclude any other legal proceedings that the seller may bring. The customer undertakes to store the seller’s products in a good state of preservation and presentation, and separately identified, until full payment of the price. Notwithstanding the above provisions, the purchaser nevertheless bears, from delivery within the meaning of Article 4.3 hereof, the risks of loss of or damage to these goods, as well as liability for any damage they may cause.

Until the purchase price has been paid in full, the customer is not entitled to transfer the goods to third parties or to take any measures likely to jeopardise Fackelmann France’s ownership.

8. Place of performance and competent jurisdiction

The customer must first submit a written complaint by email to clients@fackelmann.fr.

Failing an amicable agreement between the seller and the customer, any dispute relating to the contract will be submitted to the competent courts under the conditions of ordinary law.

The consumer customer is informed that they may also use a conventional mediation procedure or any other alternative dispute resolution method, in particular by having recourse, free of charge, within one (1) year of their complaint, to the mediation service to which the seller belongs.

Mediation 

In accordance with Article L. 612-1 of the French Consumer Code (Code de la consommation), within one year of their written complaint, the consumer, subject to Article L.152-2 of the French Consumer Code, may submit a request for amicable resolution through mediation to  

SAS Médiation Solution 

222 chemin de la bergerie 01800 Saint Jean de Niost 

website: https://www.sasmediationsolution-conso.fr, 

email:  contact@sasmediationsolution-conso.fr 

9. Final provision

If any of these provisions cannot be enforced for any reason whatsoever, the validity of the other provisions will not be affected.

 

APPENDIX 1 – PROVISIONS RELATING TO STATUTORY GUARANTEES

 

Article L217-4 of the French Consumer Code (Code de la consommation)

The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made the seller’s responsibility under the contract or was carried out under the seller’s responsibility.

 

Article L217-5 of the French Consumer Code (Code de la consommation)

The goods conform to the contract:

1° If they are fit for the purpose usually expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the purchaser in the form of a sample or model;
- if they have the qualities that a purchaser may legitimately expect in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labelling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the purchaser, brought to the seller’s attention and accepted by the seller.

 

Article L217-12 of the French Consumer Code (Code de la consommation)

Action resulting from a lack of conformity is time-barred two years after delivery of the goods.

 

Article L217-16 of the French Consumer Code (Code de la consommation)

Where the purchaser asks the seller, during the commercial guarantee granted to them on the acquisition or repair of movable goods, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining term of the guarantee. This period runs from the purchaser’s request for intervention or from the time the goods in question are made available for repair, if this is after the request for intervention.

 

Article 1641 of the French Civil Code (Code civil)

The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the purchaser would not have acquired it, or would only have paid a lower price for it, had they known of them.

 

Article 1648, first paragraph, of the French Civil Code (Code civil)

Action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.