CGU & CGV
Effective date: 02/11/2022
1. Purpose
These general terms and conditions of sale apply without restriction or reservation to all sales offered by the company FOGO (hereinafter: "FOGO") of reinvented radiators, presented on the website www.fogo.fr (hereinafter: the "Site").
The Site is a platform for presenting radiators (hereinafter: the "Products") to buyers (hereinafter: the "Buyers").
The purpose of these general terms and conditions (hereinafter: the "General Terms and Conditions") is to define the terms and conditions of sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are communicated to Buyers when the Quote is sent. Acceptance of the Quote constitutes unconditional acceptance of the General Terms and Conditions of Sale.
They constitute, with the Quote(s), an inseparable contractual whole (hereinafter: the "Contract"). In the event of a contradiction, the provisions of the Quote(s) shall prevail over these general terms and conditions. In the event of a contradiction between different Quotes, the most recent document shall prevail over the oldest.
These general terms and conditions of sale shall prevail over any other general or specific terms and conditions not expressly agreed to by FOGO.
They may be supplemented, where applicable, by specific terms and conditions of sale, which shall supplement these general terms and conditions and, in the event of a contradiction, shall prevail over the latter.
2. Identity of the seller and contact
The Site is operated by the company FOGO, SAS, registered with the RCS of Lille under number 900 120 056, whose head office is located at 26 rue Nicot, 59130 Lambersart.
FOGO can be contacted at the following contact details, in particular for any complaints:
Postal address: 26 rue Nicot, 59130 Lambersart
Email address: info@fogo.fr
3. Legal capacity and acceptance of the general terms and conditions
The Products may be sold:
To any natural person with full legal capacity to enter into a commitment under these general terms and conditions. A natural person who does not have full legal capacity may only place an order for one or more Products with the agreement of their legal representative.
To any legal entity acting through a natural person with the legal capacity to enter into a contract in the name and on behalf of the legal entity.
4. Acceptance of the general terms and conditions
The Buyer's acceptance of these general terms and conditions is evidenced by the signature of the Quote. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order for the Products.
5. Characteristics of the Products
Before any order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer may become aware, on the Site or by any other means that FOGO deems useful, of the characteristics of each Product that he wishes to order.
FOGO offers for sale two categories of Products described as follows:
The FOGO 01 wall radiator range:
The "Smooth" model range
The "Burnt Wood" model range
The "Wood" model range
The "custom" model range
The FOGO Junior wall radiator range
The "Smooth" model range
The "Burnt Wood" model range
The "Burnt Wood" model range
The "custom" model range
The Elegance solution range
A "custom" product range that adapts to customer needs
The photographs, 3D models and descriptions of the Products offered for sale are as accurate as possible. They only bind FOGO for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products and in particular their color may not correspond exactly to the 3D models, photographs presented by FOGO or any document sent by FOGO after the order, due to technical constraints.
6. Order
Any Buyer who wishes to place an order for a Product is invited to provide their contact details, including their email address and the delivery city or contact FOGO directly at the following email address: info@fogo.fr.
FOGO will then contact the Buyer directly in order to obtain the additional information necessary for the order, to establish the Quote on this basis and to communicate these General Terms and Conditions to them.
The Buyer guarantees that all the information they provide is accurate, up-to-date and sincere and is not tainted by any misleading nature. They are informed and accept that this information constitutes proof of their identity and binds them upon validation.
The Buyer's acceptance of the Quote and the General Terms and Conditions will constitute confirmation of the order.
When the order concerns a "custom-made" or "universe" Product, the order will be confirmed once the Buyer has accepted the Quote and the Product project.
FOGO reserves the right to call the Buyer after confirmation of the order, in order to discuss with him the terms of manufacture of the Products.
The Products will be sent to the address that the Buyer will have communicated in the Quote.
7. Prices and payment terms
7.1 Prices
The sale prices of the Products will be indicated in the Quote.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
FOGO reserves the right, at its sole discretion and according to terms of which it will be the sole judge, to offer promotional offers or price reductions.
The prices do not include the delivery costs of the Products, nor the installation costs of plumbing and electricity, invoiced in addition to the price of these.
The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer in the Quote.
Please note: Outside the European Union and in the French Overseas Territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the order by the Buyer, in addition to the price paid to FOGO. These duties and taxes, the exact amount of which FOGO cannot determine in advance and of which it cannot therefore inform the Buyer prior to the order, remain the responsibility of the Buyer, who is solely responsible for the proper completion of any declarations and/or formalities relating thereto.
7.2 Payment terms
Unless expressly stated otherwise in the Quote, any person must pay 100% of the amount indicated on the quote when ordering.
Payment can be made by bank transfer or by any other means that will be proposed on the Quote at the time of the order
The Buyer guarantees to FOGO that it has the necessary authorizations to use the chosen payment method.
FOGO reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount that would be due by the Buyer in the event of a payment incident.
Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter with acknowledgment of receipt.
7.3 Invoicing
Purchase invoices will be sent to the Buyer by any useful means and in particular by e-mail to the address provided when ordering.
7.4 Retention of title
FOGO retains full ownership of the Products sold until full payment of the price, including delivery costs.
8. Delivery
8.1 Place of delivery
The delivery of the Products ordered will be made to the address indicated when the Buyer places the order as the "delivery address" (which may be different from the billing address).
8.2 Delivery costs
The delivery costs of the Products will be indicated in the Quote.
9. Express waiver of the right of withdrawal
If the Buyer is a natural person who places an order for Products outside of any professional activity and for his private needs, he is informed that he benefits from a right of withdrawal of a period of 14 (fourteen) days from the delivery of the Products. He may exercise this right by sending FOGO to the contact details mentioned in Article 2, before the expiry of the aforementioned period, the form appearing in Appendix 1 of these general conditions or any other declaration, free of ambiguity, expressing his wish to withdraw.
The Buyer is however expressly informed and accepts that, when the order concerns one or more Products from the “custom-made” range or “universe” Products, or if the Buyer proceeds with the installation of the Products ordered, before the expiry of the above period, he expressly waives, in these cases, his right of withdrawal, which may therefore not be exercised, in accordance with Article L.221-28 of the Consumer Code.
10. Legal guarantees
The Buyer benefits from the legal guarantees of non-conformity as well as for hidden defects in the thing sold, including defects of conformity resulting from the packaging of the Products ordered on the Site.
If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform FOGO at the contact details mentioned in Article 2 hereof, indicating the nature of the defect, non-conformity or damage observed and sending him any useful supporting documents, in particular in the form of photographs.
FOGO will organize with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. FOGO will bear the costs of this return.
The Products must imperatively be returned to FOGO in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms described above will not be taken into account.
FOGO will carry out the necessary checks and will offer the Buyer a replacement Product if possible. If the replacement of the Product is not possible, FOGO will reimburse the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which FOGO informed the Buyer of the impossibility of replacing the Product.
It is recalled that, when acting under the legal guarantee of conformity, any consumer:
benefits from a period of two years from the delivery of the good to act;
may choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following its delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
11. Complaints and returns
In the event of an apparent defect (in particular damage, missing or non-conformity with the order) noted at the time of delivery of the Products, the Buyer must inform FOGO as soon as possible.
The Buyer must refuse any damaged package and notify, within 48 hours, by e-mail or by post of any deterioration to the address indicated in Article 2. Failing this, the delivery will be deemed perfect and any subsequent claim will be rejected.
Information and complaints must be sent in writing to the address indicated in Article 2.
Returns will only be accepted after prior agreement from FOGO and allocation of a return authorization number and sending of a Colissimo label bearing the address below.
Products must be returned using this label:
FOGO
AFTER-SALES SERVICES
130 Boulevard du Montparnasse, 75014 Paris
Products must be returned in their original condition and packaging, and show no signs of disassembly, installation or use. They must be accompanied by the return authorization number provided by FOGO, as well as a Bank Identity Statement of the Buyer.
FOGO reserves the right to refuse any return of Products which have been the subject of an order accepted without reservation and delivered, subject to the provisions concerning the right of withdrawal (article 9) and the legal guarantee of conformity (article 10).
12. Obligations of Buyers
Buyers are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to purchasing said Products.
The Buyer remains responsible for the installation and use of the Products purchased. He declares to be expressly informed and accepts that the installation costs of the Products are exclusively his responsibility in accordance with Article 7 of these General Terms and Conditions.
Before any installation of the Product ordered, the Buyer undertakes to put FOGO in contact with the project manager or any person who will carry out said installation and to whom FOGO will have provided the technical data sheet of the Product.
As an exception to the above, the Buyer also has the possibility of expressly requesting FOGO to subcontract the installation of the Products by any person of his choice. In this case, the installation costs will be invoiced directly by FOGO to the Buyer.
Apart from the benefit of the legal guarantees mentioned in Article 10 hereof, the Buyer expressly and unreservedly acknowledges and accepts that he may not rely on the non-conformity of the Products delivered. Furthermore, FOGO may not be held liable in the event of a claim resulting from (i) non-compliant use or installation of the Product, (ii) use or installation associating the Product with devices for which it is not intended.
They must also take the necessary measures to save by their own means the information provided in the registration form, no copy of which will be provided to them.
13. FOGO's liability
13.1 FOGO undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, FOGO reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, FOGO cannot be held responsible for temporary difficulties or impossibilities of accessing the Site that may originate from circumstances beyond its control, force majeure, or that may be due to disruptions in telecommunications networks.
13.2 FOGO does not provide the Buyer with any guarantee as to the adaptation of the Products to its needs, expectations or constraints.
13.3 FOGO shall not be held liable for the non-performance or delay in the performance of sales contracts due to circumstances beyond its control or a case of force majeure, it being expressly specified that the following are considered cases of force majeure, in addition to those usually recognized by the case law of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of disruption or blockage of telecommunications networks, means of transport or postal services including due to strikes, damage caused by viruses for which the security measures existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.
13.4 In any event, the liability that may be incurred by FOGO under these terms and conditions is expressly limited to only proven direct damage suffered by the Buyer.
14. Intellectual property
The Products, models, systems, software, structures, infrastructures, databases and content of any nature (texts, images, visuals, music, logos, designs and models, brands, databases, etc.) used by FOGO within the Site or marketed are protected by all intellectual property rights or rights of database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of FOGO are strictly prohibited and may be subject to legal action.
15. Personal data
15.1 When purchasing the Products, FOGO is required to collect personal data concerning the Buyer. FOGO complies, in the collection and management of this data, with the regulations applicable to personal data and in particular with the general data protection regulation (EU regulation 2016/679 of the European Parliament and of the Council of 27 April 2016).
15.2 The personal data collected about the Buyer are necessary for the sale of the Products and, more generally, to ensure the implementation of these terms and conditions. They are also intended to enable FOGO to comply with its legal and regulatory obligations.
15.3 These data are intended for FOGO. FOGO undertakes to protect these data and to treat them with the strictest confidentiality and the greatest caution. However, it may transmit them to the competent authorities to meet legal or regulatory obligations.
15.4 In accordance with the Data Protection Act, Buyers have:
a right to access, rectify and delete their personal data,
a right to object to the processing of their data and in particular a right to object to receiving prospecting,
a right to limit processing, in the following cases:
During the verification period that FOGO implements, when the person concerned disputes the accuracy of their personal data,
When the processing of this data is unlawful, and the person concerned wishes to limit this processing rather than delete their data,
When FOGO no longer needs this personal data, but the person concerned wishes to keep it in order to exercise their rights,
During the verification period of legitimate reasons, when the person concerned has objected to the processing of their personal data.
the right to receive the personal data concerning them that they have provided to FOGO, in a structured, commonly used and machine-readable format, and to transmit this data or have it transmitted by the Platform to another data controller,
the right to define guidelines relating to the retention, deletion and communication, after their death, of the personal data concerning them still in the possession of FOGO. These guidelines must be sent to the contact details referred to in Article 2, as well as any subsequent modification or revocation of these guidelines. Any natural person may designate in their guidelines a person responsible for their execution. This person will then be entitled, after the death of the person concerned, to take note of said guidelines and request their implementation from FOGO. In the absence of designation, the heirs of the person concerned will be entitled to take note of their guidelines upon their death and request their implementation from the Platform.
the right to lodge a complaint with a competent supervisory authority (the National Commission for Information Technology and Civil Liberties for France), in the Member State in which the natural person’s habitual residence is located, their place of work or the place where the violation of their rights was allegedly committed, if they consider that the processing of their personal data constitutes a violation of the applicable texts.
Natural persons may exercise the above rights by writing to the following email address info@fogo.fr or by postal email to FOGO, 26 RUE NICOT 59130 LAMBERSART, providing a copy of a signed identity document. Regarding the right to object to receiving prospecting, it can also be exercised via the unsubscribe link located at the bottom of each prospecting email.
15.5 FOGO uses technical cookies for the proper functioning of the Site and social network cookies. Consequently, use of the Site implies that the Customer accepts cookies. The Customer who does not accept them will not be able to use the Platform correctly.
16. Commercial references
The Buyer expressly authorizes FOGO to cite it and to use, where applicable, the reproduction of the Product as commercial references, in particular during events or demonstrations, in its commercial documents and on the Site, in any form whatsoever.
In this regard, the Buyer expressly authorizes FOGO to photograph the Product after its installation in order to promote it on its Site or any other communication medium.
17. Prohibited behavior
17.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into FOGO's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any acts likely to harm the financial, commercial or moral rights and interests of FOGO or the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally, more generally, (viii) any breach of these general conditions or of the laws and regulations in force.
17.2 It is strictly prohibited to monetize, sell or grant all or part of access to the Site, as well as to the information it contains.
17.3 It is also strictly forbidden to copy, reproduce or use the Products in an illicit manner, in any form or by any means (electronic, mechanical, photocopy, website, recording or other).
17.4 In the event of a breach of any of the provisions of this article or, more generally, of violations of laws and regulations, FOGO reserves the right to take all appropriate measures and to initiate any legal action.
18. Modifications
FOGO reserves the right to modify these General Terms and Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the Customer's order.
19. Language
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation will be French in the event of a contradiction or dispute over the meaning of a term or provision.
20. Mediation
The Buyer has the right to use a consumer mediator free of charge with a view to the amicable resolution of any dispute concerning the execution of these presents which would oppose it to FOGO, under the conditions provided for in articles L611-1 et seq. and R152-1 et seq. of the Consumer Code.
He may contact the following consumer mediator for this purpose:
Center for mediation and amicable settlement of bailiffs (Medicys)
Postal address: 73 Boulevard de Clichy, 75009 Paris
Email address: contact@medicys.fr
Telephone: 01 49 70 15 93
http://www.medicys.fr/
21. Applicable law and jurisdiction
These general conditions are governed by French law. In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to rule on the matter, unless there are mandatory procedural rules to the contrary.