Terms and Conditions of Sales

The presents conditions of sales are close on the one hand by the FABOLAND SAS society whose headquarters is located in ZI TOURNEL, 431 Route de MONTBRISON 42600 CHAMPDIEU in FRANCE, registered in the register of commerce and societies of Saint-Etienne under the number 449 696 814 hereinafter named “the Seller” and on the other hand, by every person physique or moral, called hereinafter “the Customer”, desiring to proceed to buy via the internet website www.faboland.com, called “website”.

1.Object of the contract

The presents conditions of sales aim to fix the layout contractual between the Seller and the Customer and the conditions practicable for every purchase made by using the ecommerce site, that the customer whether it be a professional or an individual. The acquisition of a good by the present website involve an acceptation without reserve by the client by the presents conditions of sales.

2.Caracteristics of the articles offered for sale

The articles offered to sales are the one on our website. These articles are sold according to our available stock. Each article goes along with a description established by the Seller, as well as one or two photos. In case where some mistakes might have been inserted, it couldn’t engage the FABOLAND SAS responsibility. The Customer has the possibility to ask for further information regarding the products present on the website. The photos on the catalogue are the most faithful possible but can’t assure a perfect similitude with the article selling, especially regarding the colors.

3.Prices

The prices who are figuring on the website are prices including all taxes in euros considering the applicable VAT of the order’s day. Every changing rate could be reverberating on the article price. The Seller reserves the right to modify his price at every moment. Of course, the price of the articles the day of your order will stay the same for you at the end.

Special case of orders sent outside European union

In case of order to a country other than metropolitan France you are the importer of the concerned articles. For every expediated articles outside of European union and Overseas Departments and Territories, the price will be automatically calculated without taxes on the bill. Customs duty or other local taxes, right of importation or state taxes might be eligible. Those rights and amounts are not coming under the jurisdiction of FABOLAND. They will be your responsibility and are coming under the jurisdiction of your responsibility, as much in terms of declarations as payments to the authorities and/or skilled organisms of your country. We are advising you to inform yourself about those aspects to your locals authorities. It belongs to you to get informed as well to your locals authorities about potential imports limitation on the products you would like to order.

Special case of orders sent in European union

The price is calculated with taxes included. The professionals who are having an intra-EU VAT number have to give this number during the creation of their Customer account to be exonerate of VAT. The orders made directly on the website without having indicated their intra-EU VAT number won’t benefit of the tax exemption even if the customer provide the number after.

4.Orders

The customer is ordering on the website. To buy one or many articles, he must follow the following process:

*Selection of the article and adding to your cart

*validation of the contents

*Identification on the website or registration, on which he will indicate all his contact details

*Choice of the delivering mode

*Choice of the payment method and acceptation of the Terms and Conditions of Sales

*Validation of the payment

The Customer will next receive a confirmation e-mail.

The Customer could visualize all the time during the process of the order the detail of his order and the total price to correct potential mistakes, before the confirmation to express his acceptation. FABOLAND SAS can’t be held as responsible of the consequences in case of mistakes having dealt with the wording of the contact details of the addresses or the debtor of the order.

The Seller reserve himself the priority of the articles until the entire payment of the order, that is to say the receipt of the order’s price.

The Seller reserve himself the right to cancel or refuse every order which emanate from a Customer with whom a dispute about a previous payment would exist. Every order worth the acceptation of the prices and descriptions of the available to sale articles.

Once the order confirmed and paid and in preparation, no modification can be admissible, and no article can be added or cut off to this order, the regulation meaning the definitive acceptation of the order.

5.Payment methods

The settlement of the purchase can be done via the following payment methods, to suit with the customer :

By debit card (bank card, Visa or Eurocard / Mastercard) *
By PayPal
By bank cheque** (Only French bank cheque)
By bank transfer**

*The debit will be made at the moment of the order’s validation, on condition of having previously received the debit authorization of your account to the skilled services, failing that the order can’t be consider.

The online payment by debit card is done in a secure environment via the “secure socket layer” secure system who permits the encrypting of your bank details during their transmission to the network.

**Have to be made payable to “FABOLAND SAS” 431 Route de MONTBRISON, 42600 CHAMPDIEU, FRANCE. The articles ordered are not reserved and the order is not prepared before the cheque/bank transfer payment.

The receipt is done upon receipt of the cheque.

6.Dispatch and delivery date

The articles are delivered to the address given by the Customer on his order form. In this capacity, the Customer is required to give all the essential information for the delivery (exact address, door code, mobile phone number…). If not, FABOLAND couldn’t be held as responsible for any delays or delivery failures. In this case, the products are going to be returned to the warehouse of our society, so the Customer will have to contact our Customer Service to take note of the things to do to get the articles ordered back. Our society decline all responsibilities as for the recovery time by the Customer of his products.

The potential delays of the transporter to the Customer can permit him to claim damages to FABOLAND SAS. It should be considered as a case of force majeure releasing FABOLAND SAS of its obligation to deliver: wars, disturbances, fires, strikes, accident and impossibility to be supplied or every other cause who will escape to the seller control. The merchandises always travel with the risks and dangers of the Customer. The Customer must verify carefully his parcels at the arrival of the delivery, in the presence of the transporter/postie.

If you are a professional Customer, FABOLAND reserves the right to verify the information about your company registration number and/or intra-community VAT and to cancel your order if that information is inaccurate. In this way, all information given by you at the order moment are involving you.

During the shipment of your order, FABOLAND tells you that the original paper receipt will be put (delivery fees, VAT included) in the parcel and available online on the website in “my account” heading.

6.0. Shipment

After the order’s shipment, the Customer will receive an e-mail with the tracking number of your parcel. So, the Customer can follow his parcel by clicking on the link in the e-mail. The articles are shipped to the delivering address written by the Customer himself on his Customer account.

6.1. Postage paid delivery

The home delivery is free in metropolitan France (except Corsica), as soon as the order reach 750.00€ (including tax and VAT). According to the weight of the order, it would be shipped in parcel grouping by Colissimo or by delivery service, FABOLAND choice.

6.2.Delivery places

The deliveries are made worldwide, as soon as the delivery can be assured by external service providers, home delivery specialists.

We reserve ourselves the right to cancel or refuse every order forecasting a delivery to a non-good transport link by our external service providers.

6.3.A.In metropolitan France

Followed letter and other tracking methods (also available for Overseas Departments and Territories)
Home delivery without signature, made by La Poste. The delivery time generally is between 1 and 3 working days after the parcel shipment.

The parcel containing the products ordered and paid is delivered in the mail at the delivery address that you have provided.

In case where the mail will be too small for the parcel, it will be home delivered and given to the Customer or at the discretion of La Poste, to another person, especially every person attached to his service, living with him, specially mandated, providing a proxy or to an identified outsider.

When the parcel can’t be delivered for every reason quoted previously, you will receive a delivery notice allowing you to collect the package at the post office indicated in the delivery notice, during a period of 14 days.

The submission of this delivery notice will be the proof of the date of delivery by FABOLAND.

After this period, the parcel will be sent back to the sender. The Customer will have to contact our Customer Service to take note of the things to do to get the articles ordered back. Our society decline all responsibilities as for the recovery time by the Customer of his products.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (flashing) La Poste as an evidence.

So Colissimo delivery

Home delivery without signature, made by La Poste. The delivery time generally is between 1 and 3 working days after the parcel shipment.

The parcel containing the products ordered and paid is delivered in the mail at the delivery address that you have provided.

The submission of this delivery notice will be the proof of the date of delivery by FABOLAND.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (flashing) La Poste as an evidence.

Distribution points by Mondial Relay

The parcel is delivered in the distribution point selected by the Customer during his order (from Monday to Friday except public holidays).

The Customer, when choosing to be delivered by Mondial Relay, accept that the delivery time indicated on the website are informative and depends on the service provider.

The Customer will receive an e-mail or a text allowing him to collect the parcel in the distribution point indicated in the e-mail/text during a period of 14 days after receiving the e-mail of FABOLAND. The collect in distribution point is only possible by showing the e-mail/text received and the Customer’s ID.

The e-mail or text will constitute the proof of the delivery date.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the distribution point register as an evidence.

In the case where the distribution point chosen would be closed at the moment of delivering, the parcel will be delivered to another distribution point (the closest one) by Mondial Relay and the Customer will be informed by e-mail or by text. The distribution point choice belongs to Mondial Relay. FABOLAND can’t be held as responsible of the new distribution point choice.

This delivery method is offered for the articles sold on FABOLAND.COM in the following conditions:

*Parcel weight: under 30kg (wrapping included)
*Dimensions: length < 80cm; total of the sides < 1m50

In this case of an order saved by Mondial Relay delivery but which will not respect the conditions quoted above, FABOLAND.COM reserve the right to substitute the delivery by Mondial Relay and to make a home delivery, charged at the moment of the order by the Customer.

6.3.B.Oustide the metropolitan France

International followed letter and other international tracking methods (in the countries which have those tracking methods)

The followed letter is working for 45 destinations: Australia, Austria, Belgium, Brazil, Canada, Croatia, Cyprus, Denmark, Estonia, Finland, Gibraltar, Greece, Great-Britain, Hong-Kong, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Korea, Latvia, Lebanon, Lithuania, Luxembourg, Malaysia, Malta, Netherland, New-Zealand, Norway, Poland, Portugal, Russia, Serbia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand, USA (Non-exhaustive list likely to evolve over the years).

For the other destinations, they can only be tracked until the French frontier.

Home delivery without signature, made by La Poste and the locals postal service. The delivery time depend on the postal service in the destination country.

The parcel carrying the ordered and paid articles is dropped in the mailbox at the delivery address that you have provided.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (flashing) La Poste as an evidence.

International delivery by So Colissimo

Home delivery, made by La Poste and the local postal services. The delivery time generally is between 1 and 3 working days after the parcel shipment.

The parcel containing the products ordered and paid is delivered in the mail at the delivery address that you have provided.

The submission of this delivery notice will be the proof of the date of delivery by FABOLAND.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (flashing) La Poste as an evidence.

Distribution point by Mondial Relay (depending on Mondial Relay establishment)

The parcel is delivered in the distribution point selected by the Customer during his order (from Monday to Friday except public holidays).

The Customer, when choosing to be delivered by Mondial Relay, accept that the delivery time indicated on the website are informative and depends on the service provider.

The e-mail or text will constitute the proof of the delivery date.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the distribution point register as an evidence.

This delivery method is offered for the articles sold on FABOLAND.COM in the following conditions:

*Parcel weight: under 30kg (wrapping included)
*Dimensions: length < 80cm; total of the sides < 1m50

DHL delivery

Home delivery made by DHL. The delivery time generally is between 2 and 8 working days after the parcel shipment.

The parcel containing the products ordered and paid is delivered in the mail at the delivery address that you have provided.

If you are not here when the parcel is being delivered, a second delivery will be done the next working day. In case of a new absence you will receive a delivery notice which will allow you to collect the parcel in the DHL agency during a period of 5 days.

No dispute relating to the delivery itself is possible if the package appears to have been delivered, the computer system (signature + name of the receiver) as an evidence.

6.4.Time of preparation and delivery time in metropolitan France

The orders are prepared and sent under 48 hours, from Monday to Friday.
The orders confirmed after 12.00 pm on Friday are being sent the next Monday. Same for the orders made on Saturday and on Sunday (except public holidays).

From the shipment, the delivery time is under 48h on average, time under which your order is normally delivered. However, FABOLAND can’t be held as responsible in case of overtaking delivery time, to the extent that it will stay under 15 days after the order. In case of overtaking time, more than 7 days in the limit dates of delivery indicated in the 7^th article, you can cancel your order.

6.5.Time of preparation and delivery time outside of metropolitan France

International Colissimo and DHL delivery

For orders to be delivered within and outside the European Union, the sending of the order will be done in 2 working days after its recording. The delivery time generally (different according to your country) is between 3 and 12 working days after the processing and the parcel shipment by our society (normal time of delivery by La Poste).

Overseas Colissimo delivery

For all orders to be delivered in the Overseas Departments and Territories, the sending of the order will be done in the 2 working day after its recording. The delivery time generally (different according to your country) is between 5 and 10 working days after the processing and the parcel shipment by our society (normal time of delivery by La Poste).

Mondial Relay delivery

The sending is done in the 2 next working days after its recording. The delivery time generally (different according to your country) is between 2 and 8 working days after the processing and the parcel shipment by our society (normal time of delivery by Mondial Relay).

FABOLAND can’t be held as responsible in case of overtaking delivery time, to the extent that it will stay under the delivery time mentioned as guide in the “delivery” heading on the website. In case of overtaking time, more than 7 days in the limit dates of delivery indicated in the 7^th article, you can cancel your order.

6.6.USA and Canada delivery

By accepting our terms and conditions of sales, the Customer agrees to exonerate in totality the FABOLAND society of all responsibilities.

7.Delivery time

The time indicated above are the times generally seen. We are committing ourselves to deliver the orders:

Towards France: in a maximum of 15 days after receipt of the payment
Towards Europe: in a maximum of 30 days after receipt of the payment
Towards the rest of the world: in a maximum of 60 days after receipt of the payment

In case of overtaking times of more than 7 days of the limit date (except in case of force majeure) and in 60 days from this date, the Customer could:

Either notify the delay by e-mail by the contact form on our website. In this case FABOLAND will contact the transporter in order to lead an inquiry which will not exceed 30 days. At the end of the investigation, if the parcel has not been localized, the Customer will be entirely refunded.
Or cancel his order and ask for a refund, by sending a registered letter with acknowledgment of receipt, in accordance with the article L 114-1 of the code of consumption, or by another lasting support (e-mail).

When the contract is resolved in the expected conditions by the article L 216-2, the professional refund the consumer by the totality of the deposit sum of money, at the latest in the 14 days after that the contract has been denounced.

The overtaking delivery time can’t lead to allowances for damages, deductions, late payment penalties.

8.After-sales service

Parcel return

In case of parcel return, (the address provided by the Customer being wrong or incomplete, or the parcel being put in authorities, or a keeping time expired), the transporter will return to us the parcel. We will inform you as soon as possible. A second sending would be made at a cost paid by the Customer as a second shipping cost. If the Customer prefers to cancel his order, he will be refund without the shipping cost.

Lost/non-arrived parcel

In case of loss of a parcel (La Poste or the transporter having lost the parcel during the shipping and the Customer haven’t been delivered), FABOLAND will send a new parcel (paid by the society).
FABOLAND will ask the Customer to give a copy of his ID, a sworn statement indicating the non-receipt of his parcel with a commitment to refuse the 1^st sending in the case where it will be finally delivered. This commitment will be used as complaint to the transporter and eventually to the police services.

If the second sending is not arriving, FABOLAND will proceed the refunding of the initial order.

Parcel delivered in a bad state

If the parcel shows obvious marks of opening or impacts, you will have to verify its contents with the presence of the deliverer or at the pick-up point and refuse it is certain articles are missing or broken. You will have to indicate on the delivery notice the reason of refusal: “damaged parcel” or “X broken article”, make a report of spoliation and immediately contact our Customer Service by phone (from 9.00am to 12.00pm and from 2.00pm to 5.00pm) or by e-mail. A photo of the damages will be asked.

After that the Customer takes possession of the good, the risks of loss or damaging are transferred to him.

If those procedures are not respected, FABOLAND is exempted of all responsibilities on potential repayment of products and transports.

Mistakes in the delivery address

A return of the parcel of the Customer for “address unknown” can be linked to:

- A typing error in the delivery address by the Customer at the moment of the registration of its order. In this case, if the Customer wishes to maintain its order, he will have to indicate to the Customer Service his delivery address corrected and pay the shipping costs of this new sending. If the Customer wish to cancel its order, the shipping costs of its order won’t be refunded.

- A typing error in entering the delivery address by the FABOLAND Shipping Service or the carrier's distribution. If the Customer wishes to maintain his order, it will be returned to him for free. If the Customer wishes to cancel the order, FABOLAND will refund to the Customer the full amount of his order.

Order preparation errors or missing product

Despite the care we take in the preparation of orders, it is possible that a product is missing in a package, or that an error occurred during the preparation.

If you note such an error, we thank you to kindly contact the FABOLAND Services (contact form) to describe precisely the problem encountered, and within a maximum of 48 working hours following receipt of the order. No complaint will be accepted after this deadline.

FABOLAND will carry out all useful checks and will ask the Customer to ask for any information, or useful photos. As a result, FABOLAND may respond favorably or unfavorably to the Customer's requests.

If the answer is favorable:

• If necessary, FABOLAND will request the return at its expense of products shipped in error, within 7 calendar days, as a whole and in perfect condition in its original packaging.

• For products not received by the Customer, they will be chosen by FABOLAND either refunded or redirected at the expense of FABOLAND

9.Period of withdrawal

The Customers, non-professional individuals, benefit from a withdrawal period of fourteen days from the delivery of their order to return the product to the Seller.

In case of exercising the right of withdrawal within the aforementioned period, we ask you to contact our Customer Service. We will refund the product (s) concerned within a maximum of 14 days of your request. The routing and return costs are the responsibility of the Customer.

The Customer will be completely refunded as soon as possible in 14 days maximum after that he exercised his withdrawal right.

The articles returned must be new and in perfect condition.

The returns have to be sent in their original state and complete (wrapping, accessories, papers…). The return address is: FABOLAND SAS – ZI TOURNEL, 431 Route de MONTBRISON – 42600 CHAMPDIEU – FRANCE

10.Responsibilities

FABOLAND SAS can’t be held responsible for breach of contract in case of force majeure (within the meaning of the law) and particularly in case of total or partial strike of postal services, carriers and disasters caused by floods or fires. This limitation of liability also applies to the non-performance of the said contract, due to the unpredictable and insurmountable nature of a third party who is not a party to the provision of the services provided.
The products sold on the "www.faboland.com" website comply with the regulations in force in France. For products purchased to meet business needs, FABOLAND will not incur any liability for any consequential damages as a result of this, business interruption, loss of profit, damages or costs, which may occur.

FABOLAND disclaims all responsibilities, civil or criminal, that may result from improper use of the products sold or for damages for which the supplier of the offending product is liable.

11.Computer and liberty

The information requested from the Customer is necessary for the processing of his order and may be communicated to the contractual partners of FABOLAND involved in the execution of this order.

The Customer may write to the company FABOLAND to exercise his rights of access, rectification with regard to information concerning him and contained in the files of the company FABOLAND under the conditions provided by the law of January 6, 1978. FABOLAND uses the cookie technique which aims to signal the passage of the Customer. These cookies are used solely for the purpose of improving the personalized service for Customers.

12.Applicable law – dispute

The parties agree that the contract is subject to French law and that only French courts are entitled to handle these disputes, the original language of the General Terms and Conditions of Sale being French. Any disputes between FABOLAND are within the jurisdiction of the Commercial Court of SAINT-ETIENNE, notwithstanding the plurality of defendants and / or warranty claim, even for emergency procedures or provisional proceedings in summary or by motion.

It is also agreed that in case of potential litigation, the parties will make every effort to find an amicable solution.