Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Effective as of 08/07/2024
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Customers or the Customer") wishing to purchase the products offered for sale ("the Products") by the Seller on the Fuze-gear.com website. The Products offered for sale on the website are as follows:
Camera accessories
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the Fuze-gear.com website, which the customer is required to review before placing an order.
The selection and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These Terms and Conditions are available at any time on the Fuze-gear.com website and shall prevail over any other document.
The Customer declares that they have read and accepted these Terms and Conditions by checking the box provided for this purpose before completing the online ordering process on the Fuze-gear.com website.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
Maxweld, LLC
Share capital of €1,000
Registered with the Paris Trade and Companies Register under number 920301314
60 François 1er Street, 75008 Paris
Email: contact@fuze-gear.com
Phone: +33 6 40 70 90 32
Intra-Community VAT number FR35920301314
The Products presented on the Fuze-gear.com website are offered for sale in the following territories:
world.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas territories, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. These shall be borne by and are the sole responsibility of the Customer.
ARTICLE 2 - Price
The Products are supplied at the current prices listed on the Fuze-gear.com website when the order is registered by the Seller.
Prices are quoted in Euros, excluding VAT and including VAT.
Prices take into account any discounts that may be offered by the Seller on the Fuze-gear.com website.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside of this period.
Prices do not include processing, shipping, transport, and delivery costs, which are charged as extras, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is the Customer's responsibility to select the Products they wish to order on the Fuze-gear.com website, in accordance with the following terms and conditions:
The Customer selects a Product and adds it to their shopping cart. They may remove or modify the Product before confirming their order and accepting these terms and conditions of sale. They will then enter their contact details or log in to their account and select the delivery method. Once the information has been confirmed, the order will be considered final and payment will be required from the Customer in accordance with the terms and conditions set out herein.
Product offers are valid as long as they are visible on the website, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the Fuze-gear.com website constitutes the formation of a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order.
The Customer can track the progress of their order on the website.
ARTICLE 3 Bis - Customer Area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do so, they must register by completing the form provided at the time of ordering and undertake to provide truthful and accurate information regarding their personal details and contact information, including their email address.
The Customer is responsible for updating the information provided. They are informed that they can modify this information by logging into their account.
To access their personal account and order history, Customers must log in using their username and password, which will be provided to them after registration and are strictly personal. As such, Customers are prohibited from disclosing them to anyone else. Otherwise, they will remain solely responsible for any use made of them.
The Customer may also request to unsubscribe by visiting the dedicated page in their personal account or by sending an email to: contact@fuze-gear.com. This will take effect within a reasonable period of time.
In the event of non-compliance with the general terms and conditions of sale and/or use, Fuze-gear.com may suspend or even close a customer's account after sending a formal notice by email that has remained without effect.
Any account deletion, regardless of the reason, will result in the complete deletion of all personal information belonging to the Customer.
The Seller shall not be held liable for any event due to force majeure resulting in the malfunctioning of the website or server, subject to any interruption or modification in the event of maintenance.
By creating an account, you agree to these terms and conditions.
ARTICLE 4 - Terms of payment
The price is paid via secure payment, according to the following terms and conditions:
• payment by credit card
• or payment by bank transfer to the Seller's bank account (the details of which are provided to the Customer when the order is placed)
The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the Fuze-gear.com website.
Payments made by the Customer shall only be considered final after the Seller has actually received the sums due.
The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
Products ordered by the Customer will be delivered to mainland France or to the following areas:
World.
Deliveries are made within 2 to 5 days to the address provided by the Customer when placing their order on the website.
Delivery consists of the transfer of physical possession or control of the Product to the Customer. Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make every effort to deliver the products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 14 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be terminated at the Customer's written request under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to them no later than fourteen days after the date of termination of the contract, excluding any compensation or deduction.
Deliveries are made by an independent carrier to the address provided by the Customer when placing the order and to which the carrier has easy access.
When the Customer has taken it upon themselves to engage a carrier of their choice, delivery is deemed to have been made as soon as the Products ordered by the Seller have been handed over to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and that they have no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. They have 14 days from delivery to make any complaints by email, accompanied by all relevant supporting documents (including photos). After this period, and if these formalities have not been complied with, the Products will be deemed to be in good condition and free from any apparent defects, and no claims will be validly accepted by the Seller.
The Seller shall, at its own expense, refund or replace as soon as possible any Products delivered that are proven by the Customer to be non-compliant or to have apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTC.
The transfer of risks of loss and damage relating thereto shall only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code, "
For contracts providing for the regular delivery of goods during a defined period, the period shall run from the date of receipt of the first item."
The right of withdrawal may be exercised online, using the attached withdrawal form, which is also available on the website, or by any other unambiguous statement expressing the desire to withdraw, in particular by postal mail sent to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted for return.
The return shipping costs shall be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of the Seller receiving the Products returned by the Customer in accordance with the conditions set out in this article.
ARTICLE 8 - Seller's Liability - Warranties
The Products supplied by the Seller benefit from:
• of the legal guarantee of conformity, for Products that are defective, damaged, or do not correspond to the order,
• of the legal warranty against hidden defects resulting from a defect in material, design, or manufacturing affecting the delivered products and rendering them unfit for use,
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
"The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its responsibility."
Article L217-5 of the Consumer Code
"The goods comply with the contract:
1° If it is fit for the purpose usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-12 of the Consumer Code
"Action resulting from lack of conformity lapses two years after delivery of the goods."
Article 1641 of the Civil Code.
"The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of the defects."
Article 1648, paragraph 1, of the Civil Code
"Action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect."
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the term of the commercial warranty granted to them upon the purchase or repair of movable property, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining term of the warranty. This period shall run from the date of the buyer's request for repair or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for repair."
In order to assert their rights, the Customer must inform the Seller in writing (by email or post) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller will refund, replace, or repair Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate, and return shipping costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 45 days after the Seller has identified the non-compliance or hidden defect. This refund may be made by bank transfer or check.
The Seller shall not be held liable in the following cases:
• failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
• in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident, or force majeure.
• The photographs and graphics presented on the website are not contractual and do not engage the Seller's responsibility.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or defective.
ARTICLE 9 - Personal data
The Customer is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the purpose of executing the sales contract.
9.1 Collection of personal data
The personal data collected on the Fuze-gear.com website is as follows:
Account opening
When creating a customer/user account:
Last name, first name, mailing address, phone number, and email address.
Payment
As part of the payment process for Products offered on the Fuze-gear.com website, the latter records financial data relating to the Customer/user's bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are):
• Transportation providers
• Payment service providers
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 Restriction of processing
Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will retain the data collected for a period of 5 years, covering the applicable limitation period for contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customer and User Rights
In accordance with the regulations applicable to personal data, Customers and users of the Fuze-gear.com website have the following rights:
• They may update or delete data concerning them in the following manner:
By logging into your account, in the settings.
• They may delete their account by writing to the email address indicated in Article 9.3 "Data Controller."
• They may exercise their right of access to find out what personal data is held about them by writing to the address indicated in Article 9.3 "Data controller."
• If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Data Controller."
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller."
• They may also request the portability of data held by the Seller to another service provider.
• Finally, they may object to the processing of their data by the Seller.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or email to the Data Controller, whose contact details are indicated above.
The data controller must respond within a maximum period of one month.
If the Customer's request is refused, the reasons for the refusal must be provided.
The Customer is informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to check a box indicating that they agree to receive informational and promotional emails from the Seller. They may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the Fuze-gear.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
These Terms and Conditions and the transactions arising therefrom are governed by and subject to French law.
These Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaints, please contact customer service at the Seller's postal address or email address indicated in ARTICLE 1 of these T&Cs.
The Customer is informed that, in any event, they may resort to conventional mediation, through existing sectoral mediation bodies, or any alternative dispute resolution method (e.g., conciliation) in the event of a dispute.
In this case, the designated mediator is
Fevad
FEVAD Consumer Ombudsman BP 20015 – 75362 PARIS CEDEX 8 –
https://www.mediateurfevad.fr/
Email: mediateurduecommerce@fevad.com.
The Customer is also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded under these Terms and Conditions of Sale that cannot be settled amicably between the seller and the buyer or through mediation shall be submitted to the competent courts under the conditions of ordinary law.
Produced onhttps://www.legalplace.fr
APPENDIX I
Withdrawal form
Date:
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on Fuze-gear.com, except in cases of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable Terms and Conditions of Sale.
For the attention of SAS, Maxweld
60 François 1er Street, 75008 Paris
I hereby notify you of my withdrawal from the contract for the following item:
-Order dated (indicate date)
- Ordernumber : ...........................................................
- ClientName : ...........................................................................
- Customeraddress : .......................................................................
Customer Signature (only if this form is submitted on paper)