Discovery Pack
Nic Salts
GENERAL TERMS OF BUSINESS
Preamble
These general terms of business define the contractual relations between the SARL E-RAG company (Commercial name Fuu) with a capital of 50,000 Euros, whose registered office is located 118/130 avenue Jean Jaurès 75171 Paris CEDEX 19 - RCS Paris 75175411000011, hereinafter referred to as "Fuu" or "we" and any professional trader agreeing to these general terms of business for customers. Subsequently, unless otherwise specified, the term "customer" means any company for which Fuu has consented to open a customer account.
Article 1: Scope
Before any request for an order, the customer must prove its status as a professional trader by supplying Fuu with a recent excerpt from the Trade Register certifying its registration (Kbis for France, equivalent for other countries).
The present general terms of business are expressly approved and accepted by the customer, who declares and recognizes it has a thorough understanding of same and therefore waives its right to invoke a contradictory document, and in particular its own general terms and conditions of purchase which will be unenforceable upon us, even if we were aware of same. Placing an order therefore implies ipso jure the customer's acceptance of our general terms of business and its express waiver of any other clauses and conditions that it might invoke.
Fuu reserves the right to modify at any time these general terms of business. In case of modification, the general terms of business in force on the day of the order will be applied to each order.
Article 2: Opening an account
Before their first order, customers are invited to contact Fuu for a request to open an account, providing all the information necessary for their identification. This information is confidential and is not communicated to third parties: customers have a permanent right of access, opposition, and rectification of the data concerning them.
Article 3: Order taking and order modification
The buyer must use the website: www.thefuu.biz to place an order: s/he must specify the company name, the requisite means of payment, and the quantity for each item ordered.
Order taking by phone and email is possible exceptionally at the customer's request, but the latter must validate by email the invoice sent after the order has been taken.
The terms of the order transmitted by the buyer to Fuu are irrevocable. The buyer must notify by email (commande@thefuu.com) any request to modify or cancel an order no later than 1 calendar day before the date of shipment. Fuu will give its answer by email to the buyer. If the request is accepted, Fuu reserves the right to charge the buyer additional fees.
Article 4: Receipting
Packaging must be checked upon receipt in the presence of the carrier. In particular, the cartons must be opened on receipt to ensure the perfect integrity of the products they contain.
In case of damage or a missing product, reservations must be formulated directly on the delivery note, co-signed by the carrier. The buyer must send a copy of this delivery note to Fuu within 7 calendar days.
Article 5: Storage • We recommend storing our products in closed containers, away from sources of heat and from light. We strongly discourage the reuse of used packaging.
Article 6: Prices • The customer's position as defined in Article 1 means they have the benefit of prices for professionals. A business proposal will be established for the customer in the form of a proforma invoice accompanied by these general terms of business.
Our prices are exclusive of tax (packed goods and services) from our head office at the rate in effect when the final business proposal is made.
The shipping costs are calculated by Fuu according to the amount of the customer's order and the carrier it chooses from among the proposals that Fuu is able to provide. Unless otherwise specified, Fuu will always bill the customer for shipping costs in addition to the merchandise, unless the customer wishes to withdraw the merchandise themselves or have their merchandise removed by a third party. The methods for calculating shipping costs are indicated on a special section of the site www.thefuu.biz and are liable to change at any time.
In the case of a purchase from abroad or from overseas France, when the package arrives, it is the responsibility of the customer to clear the goods by paying the duties and taxes at the point of entry to the department or territory as applicable. The price indicated on the invoice by Fuu is the final price, and includes all taxes and VAT at the rate in force for France (and according to the tax rule in other countries). The price is expressed in Euros, the amounts expressed in other currencies are indicated for information purposes only.
Article 7: Payment terms
Unless otherwise specified, our sales are payable in advance, upon ordering as soon as the invoice issued by Fuu is presented. Payment of orders can be made by bank transfer or credit card only. Payments in foreign currencies are subject to conditions.
Bank charges outside France are the responsibility of the buyer. In case of late payment, Fuu may suspend all pending orders. Any amount not paid at the due date shown on the invoice will result in the application of late payment penalties according to the provisions relating to the commercial code art.L-441-6, calculated: • with a rate equal to three times the legal interest rate in force; • from the day of the due date on the invoice. Fuu will charge the buyer all the costs incurred (litigation costs, fees, etc.) in the event of failure to pay the full amount due on the due date.
Article 8: Warranty
In case of the non-compliance or a defect of a product sold by Fuu, it may be returned to Fuu who will take it back and exchange it, if the request is expressly made by email to the commercial service within 8 calendar days and subject to the product in question being returned to us within 30 days further to the receipt of the package in which it was contained; the return costs being borne by the customer. All claims, request for exchanges or refunds must be made by email to the following address: commande@thefuu.com. It is the buyer's responsibility to carry out the quality control of the delivered product. Complaints about non-compliance of the delivered product or hidden defects must be made in writing or by email (sales@thefuu.com) to Fuu within 8 calendar days of receipt of the product. Hidden defects that cannot reasonably be detected upon receipt, must be declared in writing within 15 days of the date of detection of the defect and no later than 6 months after the date of receipt of the goods. The buyer must provide proof as to the reality of the defects, anomalies or non-conformities (representative sample of the batch received, results of analysis on the composition of the product). Fuu must be given free leave to ascertain such hidden defects and to remedy them. Due to the nature of the products sold, Fuu's liability cannot be incurred if the conditions of handling, storage and intervention of the buyer are liable to change the properties of the delivered product. Once the buyer has sent Fuu its claim within the aforementioned period, we undertake to replace or refund, at our convenience, products that we have recognized as not complying with our specifications or as having a hidden defect. • Return products must be carefully packaged for shipping and carefully arranged so that they can be easily checked by Fuu. If this clause is not applied, the return package will be refused.
Article 9: Disputes
Any return carriage due or without the express agreement of Fuu sent previously by email will be refused. • Goods delivered compliant with the customer's order will not be returned or exchanged. Any receipt of an order without reservations being entered within 8 calendar days attests to the full compliance of the delivered products. In case of dispute, the customer will first contact Fuu in order to reach an amicable solution. Otherwise the Commercial Court of Paris has sole jurisdiction, regardless of the accepted place of delivery and method of payment.
Article 10: Intellectual Property
All the elements of the www.fuu.com website and other websites featuring existing or future products of the company remain Fuu's exclusive intellectual property. Nobody is authorized to reproduce, exploit, repost or use for any purpose whatsoever, even partially, any element of the sites, whether it is software, visual or aural in nature, without the written agreement of Fuu. If needed, please contact the sales department at sales@thefuu.com to request a Fuu style guide and graphics file. Fuu reserves the right to prohibit or limit the exploitation of images.
Article 11: Archiving - Proof
FUU will archive the purchase orders and invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized records of Fuu will be considered by the parties as proof of communications, orders, payments and transactions between the customer and Fuu.
Article 12: Legal information
In accordance with the law 78-17 of 6 January 1978 relating to information technology, data files and civil liberties, the customer has a personal right of access, opposition, and rectification of the data concerning them. This right may be exercised online, directly by the customer, on request by email addressed to: commande@thefuu.com or by mail addressed to head office.
Article 13: Governing law
These general terms of business are governed by French law. Any dispute relating to the sale will be subject to French law before the Commercial Court of Paris.