Terms of sale
We ask that you carefully read these Terms before your payment for the order. FLUID MARKET do not retain a copy of these terms linked to each purchase, so you are advised to keep a copy of the same on every purchase.
Article 1. Parties
Between the undersigned:
1° The Company FLUID MARKET, registered with the Paris Trade and Companies Register under number 932 563 471, whose registered office is located at 26 rue du Château Landon, 75010 Paris, and whose VAT number is FR32932563471. Hereinafter referred to as the "Seller",
2° Any person wishing to make a purchase on the Seller's website. Hereinafter referred to as the "Buyer",
On the other hand, It has been exposed and agreed as follows:
Article 2. Pre-contractual information
The Buyer confirms having received a legible and intelligible copy of these terms and conditions of sale and all the information listed in article L. 111-1 of the French Consumer Code prior to placing an order and signing the agreement.
Article 3. Definitions
3-1. Seller : refers to the Société par actions simplifiée FLUID MARKET, registered with the Paris Trade and Companies Registry under number 932 563 471, whose registered office is located at 26 rue du Château Landon, 75010 Paris, and whose VAT number is FR32932563471
3-2. Buyer : refers to any individual wishing to make a purchase on the Site
3-3. Product : designates any product offered on the Site, within the limits of available stocks.
3-4. Delivery : designates the transfer to the Buyer of physical possession or control of the Product.
3-5. Site : designates the infrastructure developed by the Vendor according to the computer formats that can be used on the Internet, including data of various kinds, and in particular texts to find out about his products and services and, if necessary, to make a purchase of the latter. The Site is accessible at the following address www.fluidmarket.fr)
Article 4. Prices
The prices of the Products offered for sale on the Site are indicated including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. The price must be paid in full at time of purchase. FLUID MARKET reserves the right to modify at any time the sales prices listed in www.fluidmarket.fr, but items will be charged based on the rates at the time the order.
In the event of an order to a country other than metropolitan France, the Buyer is then considered as the importer of the Product concerned, customs duties or local taxes or import duties or state taxes may then be required. These duties or taxes are the responsibility of the Buyer, both in terms of declarations and payments to the competent authorities and organizations.
Article 5. Order
The buyer can order products on-line, from the on-line catalog and using the form shown, subject to available stocks. If a product ordered is unavailable, the buyer will be informed by email.
Whether you make an order in FLUID MARKET is equivalent to the full and complete acceptance of prices, the description of the products on sale and conditions of sale, which will be the only applicable to the contract thus concluded.
You agree to use the website to make inquiries or orders legally valid. You also undertake to provide us with a true and correct e-mail address, mailing address and / or other contact details, claiming to know that we can use this information to contact you if necessary in accordance with our policy Privacy. If you do not provide correct all the information we need, we cannot complete your order successfully. You can identify errors in the data provided in the emails we send you confirmation and, if necessary, correct them via Customer Service email at hello@fluidmarket.fr.
By placing an order through www.fluidmarket.fr you warrant that you are fully authorized to use the corresponding credit or debit card, if you choose this method of payment.
To order, follow the online purchasing process to payment. After completing the above process, you will receive an email acknowledging receipt of your order (the “Order Confirmation”).
Article 6. Payment
The validation of the order of Products implies for the Buyer the obligation to pay the price indicated on the order confirmation. The Buyer must pay for his/her purchases online at the time of ordering by credit card (Carte Bleue, Visa, Eurocard, Mastercard).
Credit cards are subject to validation checks and authorization by the issuer of the same, but if the issuer fails to authorize payment we will not be responsible for any delay or non-delivery. FLUID MARKET reserves the right to verify the personal data supplied by the customer and take action as appropriate (including the cancellation of the order) to ensure compliance with these conditions.
Article 7. Availability
The Products are offered by the Seller on the Site within the limits of available stocks and their possible expiry date. For Products not in stock, offers are valid subject to availability. In case of unavailability of a Product after placing and validating an order, the Seller will inform the Buyer by e-mail as soon as possible. The Buyer's order may then, according to his wishes, be canceled and no bank debit will then be made by the Seller, or put on hold while the Seller restocks the Product.
Article 8. Transfer of ownership
The products remain the entire property of the Seller until full payment of the price by the Buyer. The transfer of ownership of the pre-ordered or ordered Product takes place at the time of the physical transfer of the Product to the Buyer, the risks of loss or damage to the Products are then also immediately transferred from the Seller to the Buyer.
Article 9. Delivery
Delivery is made to the address indicated in the Buyer's order form. The Buyer must indicate very precisely his address and his postal code as well as any other relevant indication for the delivery without using any abbreviation. The delivery times indicated on the Site are the usual average times. The Seller shall endeavor to respect these times. The shipping time of the order varies according to the method of Delivery chosen by the Buyer. The products are delivered by the Seller to the delivery address indicated by the Buyer during the ordering process, within the time indicated on the order validation page.
A specialized logistician is in charge of deliveries, in order to ensure the best possible service. In case of abusive delay of delivery, the Buyer has the possibility to cancel the order in the conditions and modalities defined in the article L 216-2 of the Code of the Consumption. If meanwhile the Buyer receives the product, he will have to return it to the Seller in its original packaging and without deterioration as soon as possible. In case of delivery by carrier, the Seller cannot be held responsible for any delay in delivery due exclusively to the Buyer's unavailability after several proposed appointments. At the time of delivery of the Product, the Buyer is required to verify:
- That the number of packages delivered corresponds to the indications on the transport document and the invoice;
- That the packaging is intact, undamaged, not wet or altered in any way, including the materials used to close the package.
- The Buyer shall immediately report any damage to the packaging and/or the Products or an error in the number of packages or non-conformity of the indications, by placing a written control reservation on the Delivery receipt. After signing the delivery slip, the Buyer shall not be entitled to object to the external appearance of the delivery.
Any order not collected at the pickup point or delivered to the home will be refunded upon receipt at the logistics center and after product inspection. However, the delivery fees will remain the responsibility of the customer and will not be refunded.
Article 10. Cancellation
If the agreed delivery date or time is not met, the buyer shall grant the seller a reasonable additional period of time to comply before canceling the contract. If the seller does not fulfill the order by the end of this new period of time, the buyer is free to cancel the contract. The buyer shall fulfill these various formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract will be deemed canceled on receipt by the seller of the letter or written notice of such cancellation, unless the seller has honored its obligations in the meantime. The buyer can however immediately cancel the contract if the dates or times mentioned above are an essential condition of the contract. In this case, when the contract is canceled, the seller is required to reimburse the buyer for all sums paid, no later than within 14 days after the date on which the contract has been canceled.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer will then have the choice between asking for a refund of the sums paid no later than 30 days after payment or the exchange of the product.
Article 11. Withdrawal
In accordance with article L. 221-18 of the French Consumer Code, the Buyer has a period of fourteen (14) days from the date of receipt of the Products ordered to withdraw from the contract without having to give any reason or pay any penalty, with the exception of the return costs, which are at the Buyer's expense.
If the parcel has not been collected by the Buyer from the collection point, return costs of €9.90 (payable by the Buyer) will be deducted from the refund.
To exercise his/her right of withdrawal, the Buyer must inform the Seller by email (hello@fluidmarket.fr).
In the case of an exchange of Products, reshipment will be at the Buyer's expense. All returns must be notified in advance to the Vendor's customer service department by email hello@fluidmarket.fr.
Returns must be made in their original and complete condition (products, packaging, accessories, instructions), with the purchase invoice, as soon as possible and, at the latest, within fourteen days of notification of the decision to withdraw.
Any damage suffered by the product during its return is the responsibility of the Buyer and may be such as to defeat the right of withdrawal. The right of withdrawal may only be exercised in respect of the entire order.
If all the above conditions are met, the Vendor will reimburse the Buyer for all sums paid, including delivery costs (standard delivery costs if invoiced on the order), upon receipt of the returned goods. On the other hand, the Vendor is not obliged to reimburse additional costs if the Buyer has expressly chosen a delivery method that is more expensive than the standard delivery method proposed by the Vendor.
Article 12. Guarantees
All Products offered to order by the Seller on the Site benefit from the legal guarantee of conformity and the guarantee against hidden defects. All claims, requests for exchange or refund must be made by post within 30 days of delivery. The products must be returned to us by the Buyer in the state in which he received them with all the elements (packaging, instructions...), as well as with the invoice justifying the payment. The shipping costs will not be reimbursed to the Buyer.
Article 12.1. Warranty against hidden defects
The Products offered on the Site are subject to the guarantee against hidden defects set out in articles 1641 and following of the Civil Code: Article 1641 of the Civil Code: "The Seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them. "The action resulting from latent defects must be brought within two years from the discovery of the defect.
Article 12.2 Legal guarantee of conformity
The Products offered on the Site are also subject to the legal guarantee of conformity provided for in Articles L.217-4 and following of the Consumer Code: Article L.217-4 of the Consumer Code: "The Seller delivers a good in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. "The action resulting from the lack of conformity shall be time-barred within two years of delivery of the Product. The legal guarantee of conformity applies independently of any commercial guarantee.
Article 13. Data Protection
The personal data provided by the buyer is needed to process the order and issue invoices. Such data may be shared with the seller’s partners given responsibility for the processing, management and payment of orders.
The information collected may be used to send the buyer FLUID MARKET promotions or advertising. When registering, the buyer can choose not to subscribe to the newsletter by not ticking the associated box. The buyer can also unsubscribe at any time by clicking on the link in e-mails or contacting hello@fluidmarket.fr
All information relating to compliance with the General Data Protection Regulation (EU Regulation 2016/679) by FLUID MARKET is available on the website on the “personal data and privacy policy” page.
The buyer has a permanent right to access, alter, rectify and object to information held. This right can be exercised under the conditions and according to the processes set out in the “Personal Data and Privacy Policy” section.
Article 14. Intellectual Property
The content of the website (including technical documents, designs and photographs) remains the property of the seller which solely owns the associated intellectual property rights. Buyers undertake not to use such content in any way; any total or partial reproduction thereof is strictly prohibited and may constitute infringement.
Article 15. Responsibility
The Products comply with the French legislation in force. The Seller shall not be held liable in the event of failure to comply with the laws in force in the third country where the Products are delivered. It is up to the Buyer to check with the local authorities the possibilities of importing or using the pre-ordered or ordered Products. The Vendor shall not be held liable for any damage resulting from misuse of the Product by the Buyer or by any third party. Finally, the responsibility of the Seller could not be engaged in the case where the non-performance of its obligations would be attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by French jurisprudence, or because of the Buyer (Article L. 221-15 of the Consumer Code).
Article 16. Force majeure
In the event of the occurrence of an event of force majeure or fortuitous event, due to the other party or a third party or external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fire, water damage, interruption of the telecommunications network or the electricity network, without this list being exhaustive, the Buyer's or Seller's liability cannot be sought if the execution of the contract is delayed or prevented.
Article 17. Proof of transaction
The computerized records, held in the seller's computer systems in a reasonably secure form, will be deemed evidence of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 18. Competent jurisdiction
Any dispute relating to the interpretation or execution of the present General Terms of Sale is subject to French law. If no amicable settlement can be found, the dispute shall be brought before the Tribunal de Commerce of Paris, France.
The Customer acknowledges that they have read the present General Terms of Sale and accept them unconditionally.
