GENERAL TERMS AND CONDITIONS OF SALE
applicable to non-professionals

Version applicable from July^1, 2023

1. Scope of application.
   1. These general terms and conditions (hereinafter, the " General Terms and Conditions ") apply to all orders for products (hereinafter, the " Products ") placed by consumers and non-professionals (hereinafter, the "Customers") with FACTUAL INTELLIGENT DESIGN SAS, registered in the Créteil Trade and Companies Register under number 892 565 789, whose registered office is located at 74 Chaussée de l'Etang, 94160 Saint-Mandé (hereinafter, "FID"). FID and the Customer are hereinafter together referred to as the " Parties ".
   2. Any deviations from the General Conditions that may have been accepted by FID in writing on the occasion of an order are binding only for the order concerned.
   3. FID reserves the right to modify the General Conditions at any time. The applicable version will be that in force at the time the order is placed.
2. Placing orders
   1. In order to place an order, the Customer must create an account on the www.fid-paris.fr website by providing the required information. The accuracy of this information is the sole responsibility of the Customer. FID may not be held responsible if erroneous information hinders the execution of an order or delivery. Customers are solely responsible for maintaining the confidentiality of their login and password.
   2. To place an order, the Customer must :
      • Add products to cart ;
      • Complete the information requested;
      • Validate the order summary with details of Products, quantities, prices, delivery times and costs;
      • Accept the General Terms and Conditions by clicking on the corresponding box;
      • Confirm payment of the price of the Products and delivery charges.
   3. The order will be considered final and the contract formed upon receipt of payment. No later than 24 hours after receipt of payment, FID will send a confirmation email to the Customer with details of the order. The Customer accepts that this confirmation constitutes proof of the order.
   4. Customers may access their account at any time (except during temporary site maintenance periods) to place orders, track current orders or deliveries, or manage their information.
   5. As an exception, the Customer may place specific orders without going through the site. On request, FID will send the Customer a quotation (hereinafter, the "Quotation") to which the General Conditions will be attached. The Quotation and the General Conditions must be signed by the Customer and returned to FID within a maximum period of one (1) month from the date indicated on the Quotation.
   6. In the event that Products become totally or partially unavailable after an order has been placed, the Customer may, at his request :
      • Or be delivered the available Products and be reimbursed for the amount of the unavailable Products;
      • Or cancel the entire order and receive a full refund;
      • Or request delivery of a Product at an equivalent price, while stocks last.
   7. Refunds will be made by the same method of payment used by the Customer to pay for the order, within 30 (thirty) days of notification to FID of the Customer's choice of one of the three options below.

   8. In accordance with article L. 121-11 of the French Consumer Code, FID reserves the right to refuse an order for legitimate reasons.

3. Terms of payment and invoicing
   
   1. Product prices are indicated on the site in euros, inclusive of all taxes and exclusive of delivery charges. Delivery charges are applied according to the delivery zone, the amount of the order and the options chosen by the Customer. These costs are payable by the Customer and are invoiced in addition to the price of the Products.
   2. The price of the Products and delivery charges are payable in full by the Customer at the time of ordering. They are indicated on the order summary prior to payment and recalled in the order confirmation.
   3. Payment is made by credit card (Carte Bleue, Visa, Eurocard/Mastercard) on a secure platform accessible from the FID website. Payment is irrevocable. The Customer guarantees that he is the holder or authorized to use the payment card. The Customer is informed that FID will never ask for his/her bank details other than for the purposes of paying for the order on the site.
4. Product information
   
   1. As none of the Products are held in stock, each Product is specially manufactured for each Customer after confirmation of his/her order. As FID does not have its own production facilities or logistics department, it uses third-party manufacturers and carriers to fulfil orders, which the Customer accepts.
   2. In accordance with articles L. 111-1 et seq. of the French Consumer Code, the essential characteristics and prices of the Products are available on the Site, according to the information communicated to FID by the manufacturers.
   3. The Products are described on the website www.fid-paris.com as accurately as possible. The Customer understands, however, that the photographs may not accurately reflect the Products, particularly with regard to the quality of the colors in the photographs and the difficulty of rendering the materials on the screen. Any such differences may not be interpreted as defects in conformity, lead to cancellation of the sale, or incur the liability of FID.
5. Transport and delivery
   
   1. Prior to placing an order, the Customer must ensure that each Product can be delivered without difficulty, and check that the dimensions of the packages and Products are adapted to the constraints of the delivery location (corridors, elevators, stairs, size of doors, etc.). In the event of difficulty, the cost of the new delivery (elevator hire, etc.) will be borne by the Customer.
   2. When placing an order, the Customer agrees to provide the information requested and undertakes to ensure its accuracy. FID cannot be held responsible for any data entry errors made by the Customer and for any consequences that may lead to a delay or error in delivery. If the delivery address is incorrect or changed by the Customer after the Products have been dispatched, the cost of the new delivery will be borne by the Customer.
   3. If the recipient is absent at the time of delivery, the carrier will leave a delivery notice at the delivery address indicated by the Customer. The Products must be collected from the address and in the manner indicated by the carrier. If the Products are not collected within the time limit set by the carrier, they will be returned to FID, which reserves the right to cancel the Order, with the cost of return postage being borne by the Customer.
   4. Except in the case of force majeure, in the event of late delivery, the Customer may cancel the contract under the conditions defined in article L. 216-6 of the French Consumer Code. In the event of an order for several Products, FID may deliver them in several instalments. Unless otherwise specified, deliveries are made from Monday to Friday and cannot be guaranteed during the months of July and August.
   5. Any import formalities and payment of related duties and taxes will be the responsibility of the Customer.
6. Receiving goods
   
   1. It is the Customer's responsibility to check the content and condition of the Products upon delivery of the order. If any anomalies are noted, the Customer may refuse to accept delivery of the Products, or issue handwritten, precise and dated reservations. The Customer is advised to check the condition of the Products before signing the delivery note.
   2. If the carrier refuses this possibility, the Customer will mention the impossibility of noting the condition of the Products in handwritten and dated form on the delivery slip and will inform FID by e-mail at the following address: sf@fid-paris.com ..
7. Right of withdrawal
   
   1. In accordance with articles L. 221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal of fourteen (14) days without having to give any reason. The right of withdrawal does not apply to Products made specifically or personalized for the Customer, in accordance with article L. 221-28 of the French Consumer Code.
   2. Where applicable, withdrawal must be notified to FID by email or post within fourteen (14) clear days of receipt of the Products. The Customer may use the model retraction form below.
   3. The Customer has a period of fourteen (14) days from notification of withdrawal to return the Products to FID in their original packaging.
   4. FID will reimburse the Customer for the payment received, including delivery and return costs (with the exception of additional costs arising from the Customer's choice of a more expensive delivery method than the standard delivery proposed by FID), using the same means of payment as that used to pay for the order, no later than fourteen (14) days from receipt of notification of the Customer's withdrawal.
   5. Sample withdrawal form :
      

      Consumer's first and last name: ...

      Address: ...

                                                      FACTUAL INTELLIGENT DESIGN SAS (FID)

                                                      74 Chaussée de l'Etang, 94160 Saint-Mandé

      At ..., on ... (date of letter)

      Dear Sir/Madam,

      On ... (date appearing on the order summary), I ordered ... (designation of the Product) which I received on ... (date). In accordance with article L. 221-18 of the French Consumer Code, I hereby exercise my right of withdrawal. Consequently, I would ask you to return the sum of ... euros that I paid to you at the time of ordering, as soon as possible and within 14 days of receipt of this letter at the latest, in accordance with the provisions of article L. 221-24 of the French Consumer Code.

      Yours sincerely

      Signature

8. Warranties
   
   1. The Customer benefits from :
      
      • the legal guarantee of conformity described in articles L. 217-3 et seq. of the French Consumer Code;
      • the warranty against hidden defects described in articles 1641 et seq. of the French Civil Code.
   2. In the event of lack of conformity: the Customer has a period of two (2) years from delivery of the Products to take action. The Customer may choose between repair and replacement of the Products, except in the case of impossibility or manifestly disproportionate cost. The Customer is exempted from proving the existence of the lack of conformity during the 24 months following delivery of the Product.
   3. In the event of a latent defect: the Customer has a period of two (2) years from the discovery of the defect to take action. He may choose between returning the Product and being reimbursed for the price, or keeping the Product and being reimbursed for part of the price.
   4. The cost of return and reshipment will be borne by FID unless the after-sales service determines that the lack of conformity or defect is not proven. In such a case, the cost of return and reshipment will be borne by the Customer.
9. Liability - Force majeure
   
   1. The Customer is responsible for verifying the completeness and truthfulness of the information provided to FID at the time of ordering, and in particular the delivery address. The Customer's choice and order of Products are made under his sole responsibility. In any event, the Customer remains solely responsible for the use he/she makes of the Products ordered, and for adapting them to his/her needs.
   2. In application of article L. 541-10 of the French Environment Code, FID is registered with ADEME under the following unique identifier:[to be completed].
   3. If FID is prevented from performing any of its obligations due to an event of force majeure (total or partial strikes, all natural disasters, shortage of raw materials, administrative closures due to pandemics, wars and acts of terrorism etc.), and in particular delivery within the contractually agreed deadlines, FID will inform the Customer in writing. FID's obligations will be suspended for the duration of the force majeure event.
10. Intellectual property
    
    1. The Customer is informed that the sale does not transfer any intellectual property rights that may exist on the Products. Consequently, the Customer may not copy, reproduce, publish, distribute and/or exploit the Products, either directly or through a third party.
11. Personal data
    
    1. FID undertakes to collect and process all personal data in compliance with current regulations on personal data.
    2. FID collects and processes Customer identification data for the purpose of fulfilling orders (order tracking, communication by e-mail and telephone, etc.). The legal basis for this processing is the execution of the contract. Data will not be transferred to third parties, except for the purposes of order fulfillment, in particular to the payment service provider and the carrier. They are kept for five (5) years from the delivery of the Product.
    3. The website www.fid-paris.com uses cookies when a visitor makes a new visit. These cookies record information relating to the pages consulted, help FID to understand the navigation of visitors and enable it to save their preferences for future visits in order to improve services. Visitors may, if they wish, block cookies by modifying the preferences in their web browser.
12. Mediation
    1. In accordance with article R. 612-1 of the French Consumer Code, the Customer may have free recourse to the mediation service of[to be completed] by e-mail to[to be completed], if his complaint sent in writing to FID has not been resolved.
13. Applicable law and jurisdiction
    
    1. These General Terms and Conditions are governed by French law.
    2. In the event of a dispute between the Parties concerning the validity, interpretation, execution, non-execution, termination or cancellation of an order, the Parties undertake to attempt to reach an amicable agreement before taking any legal action. Failing agreement, the French courts shall have sole jurisdiction.
14. Final stipulations
    
    1. In the event that any provision of the General Terms and Conditions is deemed invalid or unenforceable by a court or competent authority, the remaining provisions shall remain in full force and effect, as shall any remaining valid part of the disputed provision.
    2. Any abstention, for whatever length of time, from invoking the existence or total or partial violation of any clause of the General Terms and Conditions shall not constitute a modification or deletion of said clause or a waiver of the right to invoke prior, concomitant or subsequent violations of the same or other clauses.
    3. FID is authorized to assign or transfer the rights or obligations conferred on it by the General Terms and Conditions, provided that the Customer's order is honored under the same conditions.