ARTICLE 1 - SCOPE OF APPLICATION
The present General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by FIGURINE COLLECTOR ("the Seller") with non-professional buyers ("the Customers" or "the Customer"), wishing to acquire the products offered for sale by the Seller ("the Products") on the website https://www.figurine-collector.com/
In particular, they specify the conditions of ordering, pre-ordering, payment, delivery and management of any returns of Products ordered by Customers.
FIGURINE COLLECTOR offers for sale and pre-order figurines of characters from anime, fiction, films, etc., intended for a public of enthusiasts, some of the pieces being very rare. Some of these items may be fragile, and should be handled with care and by informed persons.
The main characteristics of the Products, and in particular the illustrations, dimensions and condition of the Products, are presented on the website https://www.figurine-collector.com/. The Customer must refer to the description of each Product in order to know its properties and essential characteristics before placing an order .
The Customer is solely responsible for the choice and purchase of a Product.
The photographs and graphics presented on the website are not contractual and do not engage the responsibility of the Seller.
Product offers are subject to availability, as specified when the order is placed.
These General Terms and Conditions, together with the order form, form an indivisible whole, the Contract. In the event of contradiction between the contractual documents, the information contained on the order form shall prevail.
The present General Terms and Conditions of Sale can be accessed at any time on the website https://www.figurine-collector.com/ and will prevail, if necessary, over any other version or any other contradictory document.
The Customer declares that he has read these General Terms and Conditions of Sale and has accepted them by ticking the appropriate box beforehand implementation of the online order or pre-order procedure.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order or pre-order is placed.
ARTICLE 2 - ORDERS
A- Placing an order
It is up to the Customer to select on the site https://www.figurine-collector.com/ the Products he/she wishes to order, according to the following modalities:
- Product selection
- Add to basket
- Basket validation
The sale will only be final after the Vendor has sent an e-mail to the Customer confirming acceptance of the order and after full payment has been received.
It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the website constitutes the formation of a contract concluded remotely between the Customer and the Vendor. The Customer may follow the progress of his order on the website https://www.figurine-collector.com/.
B- Product availability
All Product orders are subject to availability. In the event of supply difficulties or if the Product is no longer in stock, we will refund any amount paid.
Pre-orders concern Products that are not in stock and are in the process of being manufactured. Pre-ordering allows you to reserve the Product as a priority and to ensure its availability once it has been sent to the Seller and is ready for shipment.
ARTICLE 3 - PRICE
Products are supplied at the current prices shown on the website https://www.figurine-collector.com/, upon registration of the order by the Vendor.
Prices are given in Euros and include VAT.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition and indicated before the order is validated.
The payment requested from the Customer corresponds to the total amount of the purchase, including costs.
ARTICLE 4 - TERMS OF PAYMENT
A- General terms and conditions
The price is payable in full on the day the order is placed by the Customer, by secure payment by credit card via Paypal or by bank transfer. In the event of payment by cheque, the order will only be processed once the cheque has been validated by the bank.
The Customer expressly acknowledges that the provision of his/her credit card number constitutes authorization to debit his/her account for the amount of the items ordered.
The Vendor reserves the right, in the event of non-compliance with the above payment conditions or in the event of a past or current dispute, to suspend or cancel the delivery of current orders placed by the Customer.
The Customer shall not be charged any additional costs in excess of those incurred by the Vendor for the use of a means of payment.
B- Special features of pre-orders
The reservation of Products in production, pre-orders, is made by payment of the full price or by payment of a deposit of 15%. On receipt of the Products, the Vendor will inform the Customer, who must pay the balance. The pre-order will be dispatched to the Customer upon full payment.
ARTICLE 5 - DELIVERIES
Delivery will be made by La Poste (Colissimo Suivi) to the address indicated by the Customer when placing the order on the website https://www.figurine-collector.com/.
The Colissimo Suivi postal service offers customers the possibility of receiving items ordered within 48 hours anywhere in France, and the possibility of collecting ordered products from the office closest to the delivery address in the event of absence on the day of delivery for a period of 15 days.
Delivery times may vary in the event of force majeure (bad weather, strikes, etc.). The delivery times given to the customer when the order is placed are given as an indication only.
However, in the event of a significant delay in delivery in relation to the time announced in the dispatch e-mail, we ask you to notify us by sending an e-mail to the following address: contact@figurine-collector.com.
We will then contact the Post Office to initiate an investigation.
If the Product is found during the investigation, it will be sent to the delivery address indicated by the Customer when the order was placed.
If the Product cannot be found at the end of the investigation, we will send you a replacement Product at no extra cost, subject to availability. Failing this, we will refund the full amount paid.
In accordance with articles L.216-1 et seq. of the French Commercial Code, the Customer may, after a formal notice to perform has been sent by registered letter with acknowledgement of receipt and has remained unsuccessful for a reasonable period of time, inform the Vendor by post of his decision to cancel the sale.
The Vendor shall refund any sums paid by the Customer within fourteen (14) days of the date on which the Contract was terminated.
In the event of failure to claim the parcel within the allotted time or in the event of an error in the delivery address indicated by the Customer, FIGURINE COLLECTOR reserves the right to invoice the Customer for the reshipment of the parcel.
In the case of pre-orders, as the Products are not in stock, the production time may vary. Consequently, the delivery times given by the Seller are indicative only.
Nevertheless, the Vendor undertakes to be transparent with the Customer by passing on the information he receives concerning the various stages of production and dispatch.
In the case of pre-orders, the customer may only request reimbursement of sums advanced if the order is more than 12 months overdue.
The customer must check the condition of the products delivered. Products are delivered in transparent packaging so that any defects or anomalies can be seen. Only unpacked products can be taken back.
The Customer has 7 days From the time of delivery to make any reservations or claims for non-conformity or apparent defects of the Products delivered (e.g. damaged or already opened package, etc.), with all supporting documents (photos in particular). Claims may be made directly on the https://www.figurine-collector.com/ in the "track your order" section or in the "contact us" menu after entering the Customer number and indicating the order number. The Customer must describe the reason for the non-conformity or the apparent defect, and include a photograph to enable the Vendor to ascertain the defect. In the event of a proven defect, the Vendor will authorize the Customer to return the Products to the Vendor.
Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.
The Vendor will reimburse or replace the Products delivered for which the Customer has duly proven the lack of conformity or the apparent or hidden defects, under the conditions set out in Articles L.217-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale.
ARTICLE 6 - TRANSFER OF OWNERSHIP - TRANSFER OF RISK
The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only take place when the Customer takes physical possession of the Products in accordance with article L138-4 of the French Consumer Code.
ARTICLE 7 - EXCHANGE AND RETURNS POLICY
A- Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of notification to the Vendor of the Customer's decision to withdraw. In the case of collection from a store or relay point, receipt of the Product is deemed effective on the date on which the Product is made available, as communicated to the Customer by email or notification. The right of withdrawal may be exercised online, using the withdrawal form available on the website https://www.figurine-collector.com/ or directly here
Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.) so that they can be returned as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed. The Customer is responsible for return shipping costs. The exchange or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in the present article. The consumer will be reimbursed by the replenishment of the sum to his bank account in the case of payment by credit card, or by cheque in other cases.
B- Specific features of pre-orders
In the case of a pre-order, the customer has a 14-day cooling-off period from the date of payment of the deposit. After this period, any sum paid will be definitively acquired by the Vendor.
If the right of withdrawal is exercised in the case of pre-orders, the Seller is obliged to reimburse the deposit within 14 days.
C- Return request
Customers wishing to return Products must do so within a maximum of 14 days from receipt of the Products by following the procedure described below on the website https://www.figurine-collector.com/:
Go to Follow your order and indicate the return of the Product.
Your order number can be obtained by entering your customer number.
The Product must be returned by Colissimo Recommandé to the following address:
Collector Figure
Voie Hera
31 190 Miremont
Return shipping costs are at the Customer's expense.
ARTICLE 8 - WARRANTY
Products sold on the website https://www.figurine-collector.com/ comply with the regulations in force in France and have performances compatible with non-professional use. Products supplied by the Vendor are automatically and without further payment :
- The legal guarantee of conformity for Products that appear to be defective, damaged or do not correspond to the order, in accordance with articles L.217-4 of the French Consumer Code;
- The legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use, in accordance with articles 1641 et seq. of the French Civil Code.
The Vendor will refund, replace or repair Products or parts deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Products found to be non-conforming or defective will be reimbursed as soon as possible and at the latest within 30 days of the Vendor's discovery of the non-conformity or hidden defect.
Refunds will be made by crediting the Customer's bank account if the Customer has paid by credit card, or by cheque sent to the Customer in all other cases.
The Vendor may not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure. The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
ARTICLE 9 - FORCE MAJEURE
Neither party may be held liable if the non-performance or delay in the performance of any of their obligations, as described in these general terms and conditions of sale, is due to force majeure.
In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1218 of the French Civil Code, and in particular the blocking of means of transport or supplies, earthquakes, fire, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the Customer.
The party affected by such circumstances will notify the other within 10 (ten) working days of becoming aware of the event. The two parties will then meet within one month, unless the case of force majeure makes it impossible, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than 3 (three) months, the present terms and conditions may be terminated by the most diligent Party.
ARTICLE 10 - NON-WAIVER
The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.
ARTICLE 11 - PROTECTION OF PERSONAL DATA
The Customer is informed that FIGURINE COLLECTOR uses personal data to manage, invoice and provide the service. The CNIL registration number is 1967610
These data are necessary for the proper management of the business and the person responsible for processing them is Mr François Marc
The customer's personal information (such as marital status, postal address, e-mail address, telephone number) is kept for a period not exceeding 5 years from the date on which the service was provided.
In accordance with the French Data Protection Act of January 6, 1978, as amended, and European Regulation no. 2016/679/EU of April 27, 2016, individuals have the right to access, oppose, rectify, port, delete or limit the processing of data concerning them.
If you wish to exercise your rights and obtain information about yourself, please send your request to FIGURINE COLLECTOR, for the attention of the Data Controller, by e-mail to admin@figurine-collector.fr or by post to Voie Hera, Miremont (31190).
For any further information or complaint, the Customer may contact the supervisory authority, the CNIL.
ARTICLE 12: AMICABLE SETTLEMENT OF DISPUTES
Under article L. 612-1 of the French Consumer Code, "Every consumer has the right to have recourse, free of charge, to a consumer mediator with a view to amicably resolving a dispute with a professional. "
Disputes falling within the scope of article L. 612-1 of the French Consumer Code are those defined in article L. 611-1 of the French Consumer Code, i.e. disputes of a contractual nature, concerning the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
If you encounter any difficulties, please contact us beforehand:
COLLECTOR'S FIGURINE
Voie hera
31 190 Miremont
contact@figurine-collector.com
In the year following your request to our services, in application of article R.616-1 of the French Consumer Code, you may have your request examined by a mediator, whose contact details are given below, bearing in mind that a dispute may only be examined by one mediator, save in exceptional circumstances:
Consumer ombudsman : RLL
ARTICLE 13: JURISDICTION
Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be governed by French law.
Failing amicable resolution, the dispute will be brought before the competent courts of the TOULOUSE Court of Appeal.