General Conditions of Sale

PREAMBLE

These conditions are concluded between:

firstly,
The company FILATURE DE ROUGNAT
Simplified Joint Stock Company (SAS), with capital of 60,000 euros, whose head office is Le Moulin Neuf 23700 ROUGNAT, registered with the RCS of Guéret, number 493 765 184
whose commercial name is FONTY, hereinafter referred to as “FONTY”
operating a commercial website (www.fonty.fr/en), hereinafter referred to as “THE SITE”

and on the other hand,
Any adult physical person, non-commercial, having the legal capacity to contract, domiciled exclusively in the countries delivered by FONTY, making a Product purchase on THE SITE
hereinafter referred to as “THE USER”

both collectively hereinafter referred to as “THE PARTIES”

1. OBJECT

These General Conditions of Sale (GCS) aim to define the rules applicable in the context of the sale of products by FONTY on THE SITE to THE USER.

They also aim to define the terms of sale between FONTY and THE USER, from the order to the services, including payment and delivery. They regulate all the steps necessary for placing the order and ensure the monitoring of this order between THE CONTRACTING PARTIES.

These conditions apply exclusively to non-commercial individuals. THE PARTIES agree that their relations will be governed exclusively by this contract, to the exclusion of any conditions previously available on the site. If a condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

FONTY reserves the right to modify these General Conditions of Sale at any time by publishing a new version on THE SITE. The applicable General Conditions of Sale are those in force on THE SITE on the date THE USER places the order; any order for a product offered on THE SITE implies THE USER’s full acceptance of the General Conditions of Sale in force at the time the order is placed.

2. PRODUCT, ORDER, PRICE

The products offered for sale by THE SITE on behalf of FONTY are those appearing on THE SITE on the day of its consultation by THE USER. Each product is the subject of a descriptive sheet which, in addition to the photograph, will contain: the price and particular characteristics (for example composition, use, weight, colors, dimensions, etc.). Minimal differences in appearance between a product and its photograph may exist, depending in particular on the resolution and color definition of the user’s screen.

The prices applied are those communicated on THE SITE and confirmed to THE USER when validating the order. Prices are indicated in euros, all taxes included (the value added tax is that in force in THE USER’S country if THE USER has already declared his address, or failing that, that applied in France), on the one hand excluding delivery costs (which are subject to possible additional specific pricing explained when validating an order cart and confirming a delivery address), on the other hand excluding possible customs taxes applied by certain country.

Delivery costs are communicated to THE USER on the order summary before validation of the latter and are expressed all taxes included. These costs are the responsibility of THE USER and are invoiced in addition to the sale price of the products.

FONTY reserves the right to modify its prices at any time but undertakes to apply the prices indicated on THE SITE at the time of the order.

Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

FONTY undertakes to honor orders received on the website within the limits of available product stocks. If the product is not available, FONTY undertakes to inform THE USER.

In the event of display of an incorrect, obviously derisory price (low price), whatever the reason (computer bug, manual error, technical error, etc.), the order – even validated – may be canceled, which THE USER will be informed as soon as possible. He will be able, if he wishes, to re-order his order at the corrected and exact price, or to obtain a full refund.

3. COMMERCIAL FUNNEL

3.1. Placing an order

The USER materializes his order by completing the following 5 steps:

3.1.1. Step 1: Choice of items: THE USER selects the chosen products and adds them to his cart after selecting the desired quantity. The cart located at the top right of the screen informs THE USER that it has taken into account the selections by indicating the number of items it contains.

3.1.2. Step 2: Checking the cart : The USER checks the contents of his cart by clicking on “cart” in order to have access to the summary of his order. The USER can then modify his order (product, quantity). The total amount including tax of the order, distinguishing on the one hand the price due for the products, and on the other hand the delivery costs (if THE USER has already indicated his delivery address), is then indicated in the summary .

3.1.3. Step 3: Validation of the cart : once the order has been verified and, if necessary, modified, THE USER validates his cart in order to finalize his order by clicking on “confirm order” again.

3.1.4. Step 4: Entering the delivery address: THE USER enters the delivery and billing details. Fields marked with an asterisk (*) are required fields; unless THE USER indicates otherwise, the billing address will automatically be the same as the delivery address. If THE USER has already placed an order on THE SITE, he may have a customer account. In such a case, he will simply identify himself with his username and password.

3.1.5. Step 5: Choice of delivery method: THE USER can select one of the different delivery methods available for the address he has entered, and which are offered with the associated pricing. This pricing is calculated automatically by the different carriers to whom FONTY delegates the delivery service. THE USER can change delivery methods several times. Once the delivery method has been selected, THE USER checks all the information and clicks on “validate” to continue with his order.

3.1.6. Step 6: Entering bank details: THE USER then accesses the secure payment screen of FONTY’s banking partner (CIC Monetico). Payment is made online by credit card only, on this partner’s website. THE USER enters his bank card number, its expiry date as well as the cryptogram numbers of his card. Payment security procedures specific to THE USER’s bank may then be applied (code confirmation, identity authentication, etc.).

If the payment is accepted, THE USER is redirected by the banking partner’s site to an order confirmation (or failure) screen on THE SITE.

If payment fails, THE USER has 3 attempts to re-enter his bank details. After the 3rd refusal, THE USER is redirected to THE SITE to a screen informing him of the payment refusal. THE USER can contact FONTY customer service (+33.5.55.67.06.04 or eboutique@fonty.fr) to find out the reasons and find a solution together to finalize THE USER’s order.

An unfinalized order is kept active and accessible for a period not exceeding 10 days. During this period, THE USER may at any time modify or pay for this order. At the end of this period, the command is deactivated.

3.2 – Order confirmation

As soon as THE USER’s payment is accepted, the latter receives an email confirming receipt of his order, summarizing all the items ordered, the billing and delivery address as well as the forecasted delivery date.

Unless otherwise explicitly indicated during the order process and confirmed on the order acknowledgment email, within the following 36 working hours, the order is taken into account and prepared by FONTY. When all the products are gathered and the shipping package ready to be sent to the carrier, THE USER receives an email confirming the shipment of his order, specifying, in the event that the shipping method chosen provides for it, a web link and shipping tracking number.

In the event of difficulty during the preparation of the order (missing, error, delay, etc.), FONTY sends an email to THE USER in order to explain the difficulty and agree on a solution (cancellation, replacement, refund, deadline delivery…).

FONTY reserves the right not to validate the order in the following cases (non-exhaustive list):
• stock error – unavailability of the product,
• abnormal or abusive claims,
• abnormal orders with regard to the quantities ordered,
• impossibility of delivery to the address indicated
• abnormal or abusive exchanges and returns,
• obvious pricing error
• existing dispute(s) with THE USER
• force majeure

FONTY customer service is available to the USER for any questions relating to his order. Customer service is available by email (eboutique@fonty.fr), and by telephone at +33.5.55.67.06.04, Monday to Friday, from 9:15 a.m. to 12:00 p.m. and 1:30 p.m. to 5:15 p.m.

The validation of the order by the USER on the one hand and the electronic order shipping confirmation email sent by FONTY to the USER on the other hand constitute a reciprocal agreement, conclusion of a sales contract, and acceptance of the General Conditions of Sale.

3.3 – Payment

The price of the products purchased is payable in cash, in full, on the day THE USER places the order.

Payment is made online by credit card when THE USER validates the order.

The request for authorization to debit the card is made on a secure third-party banking payment site at the time of validation of the order on THE SITE, except in the event of unavailability of the servers. FONTY reserves the right to make a new request for authorization of direct debit in the event that the first could not be completed due to unavailability of the servers.

In the event of non-payment, an incorrect address or any other problem on THE USER’s account, FONTY reserves the right to block THE USER’s order until the problem is resolved.

In the event of fraudulent use of a bank card on THE SITE, FONTY cannot be held responsible but may provide THE USER with all the data and information useful for the purposes of the dispute or investigation. THE USER is invited to contact FONTY at the following number: +33.5.55.67.06.04 from Monday to Friday, from 9:15 a.m. to 12:00 p.m. and 1:30 p.m. to 5:15 p.m., or by email to the following address: eboutique@fonty.fr, specifying the amount of the fraudulent transaction, its date and, if available, any information allowing the order number to be identified. If the order has not been shipped, FONTY may, if necessary, temporarily block this shipment, or cancel it and issue a refund. If the order has already been shipped, FONTY will not be able to reimburse THE USER and THE USER will have to contact his banking institution to request compensation.

Transactions carried out on THE SITE are secured by the payment system of FONTY’s partner, CIC Monetico, recognized by the main players in the financial world. This solution was developed so that THE USER can make payments in an ergonomic and friendly environment, with optimal security and respect for privacy. This payment solution is adopted by many online commerce sites. All information exchanged to process the payment is encrypted using the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by third parties. At no time will THE USER’s financial or banking data pass through the FONTY computer system.

3.4 – Archiving the order

The order confirmation is recorded in FONTY’s records, which are themselves kept on a reliable and durable medium. THE USER accepts that the order confirmation is considered proof of the contractual relations between himself and FONTY.

3.5 – Shipping, Delivery & Receiving

Two order delivery methods are offered:

• withdrawal from the Spinning Mill
• shipping by carrier

By default the website selects shipping by carrier but THE USER can modify this option at the bottom right of the cart summary page.

ONSITE WITHDRAWAL

Withdrawal directly at Fonty Spinning Mill  is free.

It takes place ONLY on Wednesdays, from 2:00 p.m. to 4:30 p.m. Outside of this day and time slot, withdrawal is not possible. Orders placed before 11:00 a.m. on Wednesday are available the same day.

During the annual closures of the Filature (generally the first week of May, the first weeks of August, and the last week of December), or in the event of a public holiday, withdrawal is postponed to the following Wednesday.

SHIPPING BY CARRIER

The package is entrusted to the carrier selected by THE USER when taking the order. For certain delivery methods, a parcel tracking system is made available to THE USER.

Upon delivery of the order, THE USER is required to check the conformity of the products received in execution of his order at the time of delivery. Any anomaly concerning delivery such as:
• damaged package,
• wrong or missing product,
• damaged product,
• product not in conformity with the order,
… must be notified within the legal deadlines following receipt of the order.

For any product return due to non-compliance, THE USER must follow the procedure described in the corresponding chapter (“Right of Withdrawal, Return and Exchange”). The products must be returned either in their original packaging, or in packaging protecting the product against any deterioration, with their label and any accessories allowing their re-marketing.

After the legal withdrawal period, the sale is considered final.

4. POSTAGE FEES AND DELIVERY

Filature withdrawals do not incur any fees.

Concerning shipments by carrier, the order is delivered by carrier to the address indicated by THE USER. Departures from La Filature take place from Monday to Friday. Deliveries take place from Monday to Saturday.

Generally speaking, shipping costs are assumed by THE USER and depend on several criteria: weight and dimensions of the package, amount of the order, choice of delivery type and carrier, delivery address, country of delivery. They will be specified to THE USER when confirming the order. The products ordered will be delivered to the address indicated by THE USER. In the event of an incorrect or obviously erroneous address detected during order validation, FONTY will put the shipment on hold and will use all means at its disposal to contact THE USER and correct or modify the shipping address.

THE SITE aims to market FONTY products without distinction of nationality or country for THE USER, and the shipping address can therefore be a priori any destination in the world, with the exception of countries for which no solution shipping is not offered by FONTY’s carrier partners. However, FONTY reserves the right to temporarily or permanently limit this geographic coverage, without having to justify this choice. For information purposes, at this time, around ten countries are not covered.

FONTY offers several delivery options from which THE USER can choose. FONTY reserves the choice of carriers selected for each option and may change them. Responsibility for transport is transferred to the carrier and therefore to THE USER, from the moment the product leaves the warehouse materialized by a receipt by the carrier (“flashing” of the package, confirmed by computer procedure).

FONTY does not deliver to post office boxes.

Deadlines and prices are subject to change at any time. Current conditions are described below.

FONTY applies a tiered flat rate shipping rate policy. From a certain order amount, and for certain destinations only (Metropolitan France), delivery costs are offered by FONTY. However, some carriers apply a delivery surcharge in mountain areas and islands.

Deliveries are made by home delivery or parcel relay/pick-up relay. The package is delivered without signature. FONTY’s partner carrier may use the services of a third-party delivery company, without FONTY being held responsible.

FONTY reserves the right to use other shipping methods in certain cases, presenting levels of service and guarantee comparable to those announced on THE SITE. For example in the event of a temporary or partial failure of the service offered on THE SITE, or in the event of shipping specific items for which another shipping method seems more suitable (for example the Courier Suivi service for shipping a color chart).

The calculation of shipping costs is automatic.

Unless otherwise explicitly stated during the order process and confirmed in the order acknowledgment email, orders are processed and shipped within two business days of receipt. Delivery times run from this date. Except in cases of force majeure, for information purposes and without commitment, they are generally 3 working days for mainland France and 5 to 10 working days for the Islands, the DOM-TOM and Export, depending on the destination.

FONTY entrusting the delivery service to third party carriers, it is understood between THE PARTIES that these deadlines mentioned above are only indicative and do not constitute a contractual commitment by FONTY to the USER.

In the event of delay, FONTY cannot be held liable for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, may be claimed by THE USER from FONTY.

Shipping costs are presented before acceptance and payment of the order. These charges correspond to FONTY’s pricing policy at the time of the order, and apply at that precise moment. FONTY reserves the right to change its shipping cost policy at any time.

When the order is shipped, a package tracking number is generally indicated to the USER by an email from the carrier.

The order is delivered to the physical postal address specified when placing the order. In the event of absence, the carrier informs THE USER either of a subsequent passage, or of a request for a passage date, or, after several unsuccessful attempts, of a deposit at a centralized parcel delivery site (Office post office, parcel relay / pick-up relay, etc.). A retention period then applies, of 5 to 15 days depending on the carrier, beyond which the package is returned to FONTY.

No signature is required upon delivery.

At any time, the USER can track his package on the carrier’s website using the tracking number provided when sending the shipping confirmation email.

5. TAXES, PAYMENT AND BILLING

Prices are quoted in euros all taxes included. They take into account the VAT applicable on the day of the order for the country of shipment. These prices exclude any customs duties for shipments abroad.

Any applicable rate change may be reflected in product prices. Prices are subject to change at any time. Prices cannot be modified once the USER’s order has been placed.

For any new order or for any order modification, only the prices in force at that specific moment apply. Likewise, if one or more taxes or contributions were to be created or modified, up or down, this change may be reflected in the selling price of the items on THE SITE.

The prices indicated on the site are guaranteed for the duration of the online posting and while stocks last.

The final price invoiced to the USER is the price indicated on the order confirmation.

Payment is made by credit card.

The product invoice will be included in the package containing the ordered product. It can also be sent by email upon request.

6. CUSTOMS FEES

By essence orders shipped to France are not affected by customs fees.

Orders shipped to the EU zone are also not affected by customs fees. The European intra-community VAT mechanism applies.

For all other countries, customs fees may be applied, depending on local legislation and agreements with France and the European Union in force. These laws and agreements may change without notice, and THE SITE cannot permanently reference them. It is upon arrival in the territory concerned that customs fees are calculated and applied.

For these non-EU countries, the carrier is responsible for applying the customs clearance rules in force.

Concretely this means that the USER can be contacted by the carrier in order to pay the customs clearance tax prior to delivery of the package.

If, after a certain period of time, these fees are not paid, the goods are seized by customs services. THE SITE cannot under any circumstances be held responsible for non-delivery in the event of a customs blockage. Likewise, in this particular case, no order cancellation or refund request can be honored.

7. GUARANTEES

All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided for by articles 1641 et seq. of the French Civil Code.

THE USER also benefits from a guarantee allowing him to return defective items delivered in accordance with articles L 211-4 et seq. of the French Consumer Code. The user is therefore invited to refer to these texts if he wishes to have more precision on these legal guarantees.

The following chapter describes the procedures for returning defective items.

8. RIGHT TO RETRACT, RETURN AND EXCHANGE

8.1 Right to retract

A right to retract applies to all orders and all items excluding sale items or items sold with explicit mention to the contrary. This right to retract applies without justification or penalty.

In this context, the items affected by this withdrawal may be subject to an exchange (depending on stock) or a refund.

Likewise, defective items will be subject to an exchange, or – in the absence of stock of identical products – a refund. All the elements allowing to demonstrate that the defect observed is indeed an initial non-conformity of the article, and not the consequence of misuse of the latter must be attached to the request.

THE USER’s request for exchange or refund must be made within fourteen working days from the date of receipt or collection of the package. After this period, and except for hidden defects, no complaints will be accepted by FONTY, the products being then deemed to be compliant.

In the event of a return, the products must be returned by post in perfect condition, accompanied by the initial invoice, a document mentioning the request for refund or exchange with possible reasons, and the elements mentioned in the previous paragraph, at the following address :

Fonty – Filature de Rougnat
Le Moulin Neuf
23700 ROUGNAT
FRANCE

For export, THE USER must specify to the customs services that it is a “return for non-compliance” (in order to avoid unjustified customs clearance costs upon receipt).

It is up to THE USER to keep all proof and date of this return. Return costs are the responsibility of THE USER.

8.2 Refund or exchange of goods, shipping costs

In the event of a right to  retract, upon receipt of the products returned intact by THE USER in their original packaging and in protected packaging
• products are refunded
• initial shipping costs are not refunded

In the event of an exchange request, upon receipt of the products returned intact by THE USER in their original packaging and in protected packaging:
• a credit corresponding to the purchase value of the returned products is available to THE USER
• initial shipping costs are not refunded
• THE USER can place a new order, shipping costs may apply

In the event of a preparation error (missing products or incorrect product), upon presentation of the elements allowing the error to be validated by THE USER (photo of the opened package) :
• for products incorrectly shipped, on a case by case basis, THE USER may be asked to return them, in protected packaging, at FONTY’s expense
• for possibly missing products, after consultation with THE USER, it may be decided either to reimburse them or to reship the missing products free of charge
• initial shipping costs are not refunded

In the event of a defective or damaged product, or a damaged package (with products presenting obvious alterations with regard to the criteria applicable to this type of manufacturing), upon presentation of the elements justifying the anomaly:
• for defective or damaged products, on a case-by-case basis, THE USER may be asked to return them, in protected packaging, at FONTY’s expense
• after consultation with THE USER, it may be decided either to reimburse them or to reship the missing products free of charge.

The right to retract period of fourteen working days is taken into account from the date the initial order is made available. In the event of successive returns, successive exchange requests or successive withdrawals on the same order, FONTY reserves the right to ask THE USER for a contribution to the shipping and/or return costs.

Subject to compliance with the points above, refunds will be made within 14 working days following receipt of the package.

In the event of abnormal or abusive complaints, FONTY may refuse to serve a subsequent order.

8.3 Unclaimed package – waiting period, return and reshipment

FONTY entrusts the order packages to transport companies. These manage THE USER’s information regarding the delivery of the package.

Within the time limit set by the carrier (most often 3 weeks following the dispatch of an order), due to THE USER’s failure to appear on the parcel relay/pick-up relay site, or in the event of absence of THE USER and it is impossible to deliver their order, in the event of an incorrect or non-existent address, the packages are returned to FONTY by the carriers, with often significant return costs.

FONTY will make every effort to notify THE USER of the imminent return of their package, but cannot be held responsible for non-delivery of the package or for not being able to contact the USER. Once the package returns to FONTY:
• If THE USER wishes the package to be reshipped, a contribution to the return and reshipment costs will be requested.
• If THE USER wishes a refund, FONTY will refund the order, less shipping and return costs.

Subject to compliance with the points above, refunds will be made within 14 working days following the date of THE USER’s choice.

9. COMMITMENT, RESPONSIBILITY AND PROTECTION

9.1 Signature

In all cases, the online provision of the bank card number and the final validation of the order will constitute proof of the entirety of the said order in accordance with the provisions of the French law of March 13, 2000 and will constitute due payment of the sums incurred by the seizure of the items listed on the order form.

This validation constitutes signature and express acceptance of all operations carried out on THE SITE. However, in the event of fraudulent use of their bank card, THE USER is invited, as soon as this misuse is noticed, to contact FONTY by sending an email to eboutique@fonty.fr. In the event of fraudulent use of a bank card on THE SITE, FONTY cannot be held responsible but may provide THE USER with all the data and information useful for the purposes of the dispute or investigation.

9.2 Responsibility

FONTY undertakes to describe with the greatest accuracy the products sold on THE SITE.

FONTY cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law.

Likewise, FONTY cannot be held responsible for any inconveniences or damages inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of a computer virus.

9.3 Protection

All elements of THE SITE, whether visual or audio including the underlying technology, are protected by copyright, trademarks or patents.

THE USER who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the home page of THE SITE must request authorization from FONTY.

In all cases, any link, even tacitly authorized, must be removed upon simple request from FONTY.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code. THE USER who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the home page of  THE SITE must request authorization from FONTY.

In all cases, any link, even tacitly authorized, must be removed upon simple request from FONTY.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.tion

10. COOKIES

THE SITE uses cookies to recognize THE USER (customer or not) when they connect to the site and guarantee them the best possible browsing experience.

10.1 Definition of cookie

A cookie is a small text file that is placed on THE USER’s device (computer, tablet or mobile device) when he visits a website. The cookie allows the site to “recognize” him, help him navigate from page to page on the website, provides secure connections and remembers THE USER’s preferences for future visits.

10.2 Deleting cookies

THE USER can deactivate cookies stored on their device at any time. To do this, all they need to do is select the appropriate settings in their browser. However, this deactivation will have the consequence of preventing access to certain functionalities of THE SITE allowing you to personalize the services offered by FONTY.

Information concerning the procedure to follow for managing cookies from different browsers is published by the different publishers of internet browsers available on the market.

10.3 The different types of cookies used

The different cookies available and those actually implemented on THE SITE are described in the General Conditions of Use (GCU).

11. LIMITATION OF LIABILITY

Placing an order on THE SITE implies knowledge and acceptance of the procedures in force on the Internet network, particularly with regard to technical performance, response times, connection times, requests or transfers of information, risks of outage, the risks of contamination by viruses circulating on the network and in general all the risks linked to the use of the Internet network.

FONTY cannot under any circumstances be held responsible for any direct or indirect damage resulting from misuse or incidents linked to the use of the computer, access to the Internet, maintenance or malfunction of the servers, the telephone line or any other technical connection, THE USER’s connection to THE SITE being done under his or her entire responsibility.

12. FORCE MAJEURE

FONTY will not be responsible for the total or partial non-execution of its obligations under the order placed by THE USER, if this non-execution is caused by an event constituting a case of force majeure as defined by the positive law.

In such a case, FONTY will inform THE USER of the occurrence of such an event within 3 (three) clear days following its occurrence, by email.

After a period of 1 (one) month, and in the event that the event constituting a case of force majeure persists, the order will be canceled and will, if necessary, be subject to a refund from FONTY on the bank card used to place the order within a maximum period of 30 (thirty) days.

13. APPLICABLE RIGHT

If any of the terms of these General Conditions of Sale (GCS) are found to be null, illegal or unenforceable by court decision, the other provisions of the General Conditions of Sale will remain in force.

These General Conditions of Sale apply for the entire duration of the online services offered by FONTY. They are executed and interpreted in accordance with French law.

These conditions are subject to French law. The competent court in the event of a dispute will be that of the defendant’s domicile. In the event of a dispute, the USER should contact FONTY as a priority to obtain an amicable solution and in the absence of an agreement, the courts of common law will have sole jurisdiction.

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