These conditions of sale are concluded on the one hand by the company BeContents with a share capital of €100,000 whose registered office is located at 8-10 Passage Beslay 75010 Paris, registered with the Paris Trade and Companies Register under number 789 978 947. hereinafter referred to as BeContents/Fisheye and managing the website www.fisheyemagazine.fr and, on the other hand, by any individual or legal entity wishing to proceed with a purchase via the website www.fisheyemagazine.fr/store hereinafter referred to as “the buyer”.
Article 1. Purpose
These terms and conditions of sale aim to define the contractual relationship between BeContents/Fisheye and the buyer and the conditions applicable to any purchase made through the website www.fisheyemagazine.fr/store. The acquisition of a product through this site implies an acceptance without reserve by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the site www. fisheyemagazine.fr/store is not directly related to his professional activity and is limited to a strictly personal use and on the other hand have full legal capacity, allowing him to commit under these general conditions of sale.
BeContents/Fisheye retains the possibility to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those listed on the www.fisheyemagazine.fr/store company’s website, within the limit of available stocks. BeContents/Fisheye reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (size, weight, paginations,…). The photographs are as accurate as possible but are not binding on the Seller. The sale of products presented in the site www.fisheyemagazine.fr/store is intended for all purchasers residing in countries that fully authorize the entry into their territory of these products.
Article 3. Rates
The prices appearing on the product sheets of the internet catalog and are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. BeContents/Fisheye reserves the right to modify its prices at any time, it being understood that the price indicated in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased according to the total amount of the order. In metropolitan France, for any order greater than or equal to 500 euros including tax, shipping costs are offered; for any order less than 6.50 euros including tax, a flat fee for participation in shipping costs will be charged to the buyer in the amount of 3 euros including tax.
Article 4. Order and payment terms
Prior to any order, the buyer must create an account on the site . www.fisheyemagazine.fr/store. The account creation section is accessible directly from the sidebar. At each visit, the buyer, if he wishes to order or consult his account (status of orders, profile…), will have to identify himself using this information. The company BeContents/Fisheye offers the buyer to order and pay for its products in several steps, with a payment option:
– Payment by credit card: the buyer selects the products he wants to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or informs a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice: “Payment by credit card”. The next step is to verify all the information, read and accept the present general conditions of sale by checking the corresponding box, and then validate the order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure Stripe interface in order to safely enter his personal credit card account information. If the payment is accepted, the order is recorded and the contract is definitively formed. Payment by credit card is irrevocable. In case of fraudulent use of the card, the buyer can demand the cancellation of the payment by card, the sums paid will then be credited back or refunded. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract binding him or her to the bank so provides. The amounts debited will be reimbursed by the bank within a maximum of one month after receipt of the Cardholder’s written objection. No costs for the return of the amounts may be charged to the holder.
Confirmation of an order entails acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof and waiver of its own terms and conditions of purchase. All the data provided and the recorded confirmation will be considered as proof of the transaction. If the buyer has an e-mail address and if he/she has provided it on his/her order form, the company BeContents/Fisheye will send him/her by e-mail the confirmation of the registration of his/her order: email@example.com
Article 5. Retention of title
BeContents/Fisheye retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by La Poste via COLISSIMO, delivery service with tracking, handover without signature. Delivery times are only given as an indication; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. BeContents/Fisheye can provide the buyer with the tracking number of his package by e-mail. The buyer is delivered to his home by his letter carrier. In case of absence of the buyer, he will receive a notice of passage from his letter carrier, which allows him to withdraw the ordered products at the nearest post office, during a period indicated by the postal services. The risks related to the transport are at the buyer’s charge from the moment the items leave the premises of BeContents/Fisheye. The buyer is obliged to verify in the presence of the employee of the Post Office or the deliveryman, the state of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
All products supplied by the company BeContents/Fisheye benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-conformity of a sold product, it can be returned to BeContents/Fisheye who will take it back, exchange it or reimburse it. All claims, requests for exchange or refund must be made by post to the following address BeContents/Fisheye 8-10 Passage Beslay 75010 Paris, within thirty days after delivery.
Article 9. Liability
The company BeContents/Fisheye in the process of distance selling, is bound only by an obligation of means. Its responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of service, or other involuntary problems.
Article 10. Intellectual Property
All elements of the www.fisheyemagazine.fr website are and remain the exclusive intellectual property of BeContents/Fisheye. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal data
The company BeContents/Fisheye undertakes to preserve the confidentiality of information provided by the buyer, which he would be required to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address: 8-10 Passage Beslay 75010 Paris.
Article 12. Settlement of disputes
These conditions of distance selling are subject to French law. For all disputes or litigation, the competent court will be that of Paris.