Terms and Conditions

Effective date: 13/08/2025

 

ARTICLE 1 - Scope and enforceability

 

These General Terms and Conditions of Sale (hereinafter "GTC") are established in accordance with Article L 441-6 of the Commercial Code. They apply, without reservation or restriction, to all sales of reinvented radiators proposed by the company FOGO (hereinafter "FOGO"), available on the website www.fogo.fr (hereinafter the "Site") or via any other communication medium.

 

The purpose of the GTC is to define the conditions of sale and delivery of the products, as well as the respective rights and obligations of the parties. They are transmitted to the Buyer at the same time as the Quote. The acceptance of the Quote constitutes full and unreserved acceptance of these GTC.

 

The GTC and the Quotation(s) together form an inseparable contractual whole (hereinafter the "Contract"). In the event of a discrepancy between the GTC and the content of a Quote, the latter prevails. If several Quotes have been issued, the most recent document will be authentic.

 

These GTC take precedence over any other general or particular condition not expressly accepted by FOGO. However, they may be supplemented by special conditions of sale; in the event of a conflict, the latter will prevail.

 

The information contained in FOGO's catalogs, prospectuses or rates is given for information purposes only and may be modified at any time. FOGO reserves the right to make such adjustments as it deems necessary.

 

ARTICLE 2 - Orders and tariff conditions

 

2.1 Order validation: The sale is final only after written confirmation from the Supplier, who verifies in particular the availability of the Products.

 

Any order must be formalized by an order form signed by the Buyer.

 

The Products are invoiced according to the Supplier's current rates or according to the commercial offer addressed to the Buyer.

 

2.2 Order modifications: Any request for modification after validation of the order will be subject to the Supplier's agreement.

 

It must be sent in writing at least 30 days before the expected delivery date, accompanied by a new signed purchase order.

 

A price adjustment may be applied accordingly.

 

2.3 Order cancellation: If the Buyer cancels his order after its acceptance by the Supplier (except in cases of force majeure):

 

- If a deposit has been paid: it remains vested in the Supplier and is not refundable.

 

- If no deposit has been paid: 30% of the net amount of the order will be invoiced to the Buyer, as compensation.

 

2.4 Rates and fees: Prices are net, excluding taxes, ex works, packaging not included. Transport, customs and insurance costs are the responsibility of the Buyer. Specific tariff conditions can be proposed according to the needs of the Buyer (delivery, deadlines, payment methods). A personalized offer may then be issued by the Supplier.

 

ARTICLE 3 - 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 has 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 set out in Annex 1 of these general conditions or any other statement, unambiguous, expressing his willingness to retract.

 

However, the Buyer is expressly informed and accepts that, when the order relates to one or more Products of the "custom" range or "universe" Products, or if the Buyer installs the ordered Products, before the expiry of the above period, he expressly waives, in these cases, his right of withdrawal, which cannot therefore be exercised, in accordance with Article L.221-28 of the Consumer Code.

 

ARTICLE 4 - Terms of payment

 

The payment date is fixed by mutual agreement between the Supplier and the Buyer, and indicated on the invoice.

 

A deposit of 50% of the total amount may be required at the time of order. The balance is payable in cash before delivery, according to the terms of Article 6 "Delivery".

 

In case of late payment:

 

- Penalties equivalent to three times the legal interest rate will be automatically due, without prior notice.

 

- All remaining amounts will become immediately due.

 

- The Supplier may suspend or cancel any delivery in progress.

 

No set-off may be made between the sums due by the Buyer and any penalties for delay or non-compliance of the Products, unless otherwise agreed in writing by the Supplier and if the mutual claims are certain, liquid and payable.

 

Finally, in the event of late payment, a lump sum compensation of 90 euros will automatically be due for collection costs. If the actual costs exceed this amount, additional compensation may be requested, upon presentation of supporting documents.

 

ARTICLE 5 - Clause of retention of title

 

The Supplier reserves, until full payment of the price by the Buyer, a right of ownership on the Products sold, allowing him to regain possession of said products. Any deposit paid by the Buyer will remain vested in the Supplier as lump sum compensation, without prejudice to any other actions that he would be entitled to bring against the Buyer. On the other hand, the risk of loss and deterioration will be transferred to the Buyer as soon as the ordered Products are delivered to the carrier. The Buyer undertakes, consequently, to have the ordered Products insured, at his own expense, for the benefit of the Supplier, with an ad hoc insurance, until the complete transfer of ownership and to justify it to the latter upon delivery. Otherwise, the Supplier would be entitled to delay delivery until the presentation of this proof.

 

ARTICLE 6 - Deliveries

 

Unless expressly agreed otherwise between the Parties, the Products ordered by the Buyer will be delivered within a maximum period of FORTY-FIVE (45) days from the receipt by the Supplier of the duly signed order form.

 

This period is given as an indication and does not constitute a period of rigor. Therefore, the Supplier cannot be held responsible in the event of a delay in delivery not exceeding TWO (2) months. Beyond this period, the Buyer may request the resolution of the sale, the deposits paid being then fully returned to him.

 

In any case, the Supplier cannot be held responsible for a delay or suspension of delivery resulting from an event attributable to the Buyer or a case of force majeure.

 

Delivery is deemed to be made by the direct delivery of the Products to the Buyer or to a designated carrier, the Products traveling at the Buyer's risk. It is up to the latter to verify the apparent condition of the Products upon delivery. In the absence of precise and reasoned reservations, formulated in writing and accompanied by the delivery note, within a period of FORTY-EIGHT (48) hours, the Products will be considered compliant, both in quantity and quality. No claim can be accepted in case of non-compliance with these conditions. The Buyer expressly acknowledges that it is up to the carrier to ensure the physical delivery of the Products, and that the Supplier is deemed to have fulfilled his obligation once he has delivered the Products to the carrier who accepted them without reservation.

 

The Buyer will therefore not be able to exercise any recourse against the Supplier in the event of non-delivery, damage or loss occurring during transport or during unloading.

 

ARTICLE 7 - Transfer of ownership - Transfer of risks

 

The transfer of ownership of the Products, for the benefit of the Buyer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products. On the other hand, the transfer of the risks of loss and deterioration of the Supplier's Products will be carried out as soon as said Products are handed over to the carrier.

 

ARTICLE 8 - Supplier Responsibility - Warranty

 

The Products delivered by the Supplier benefit from a contractual guarantee of TWO (2) years from the date of delivery, covering:

 

- Defects in conformity with the order,

 

- Hidden defects resulting from a defect in material, design or manufacture, making the Products unfit for use.

 

The warranty is inseparable from the Product sold. It cannot be resold if it has been modified, transformed or altered.

 

This warranty is limited to the replacement or refund of Products recognized as defective. It is excluded in the event of:

 

- Impror use,

 

- Negligence or lack of maintenance of the Buyer,

 

- Normal wear and tear,

 

- Case of force majeure.

 

If the defect is related to inappropriate use by the Buyer, the costs incurred will be charged in addition.

 

Declaration of defects: the Buyer must report any defect in writing to the Supplier within a maximum period of FORTY-EIGHT (48) hours from their discovery, under penalty of forfeiture of any action.

 

Defective Products will be repaired or replaced, without this extending the period of the initial warranty.

 

The guarantee does not apply:

 

- In case of abnormal use or not in accordance with the instructions,

 

- In the event of an accident, shock, fall, negligence or modification of the Product.

 

Repairs will be carried out on the premises of the Supplier, after the return of the Products by the Buyer. If the intervention must be done on site, the Supplier will take care of the workforce.

 

ARTICLE 9 - Waste electrical and electronic equipment (EEE)

 

For equipment excluded from the scope of application of Decree No. 2005-829 of July 20, 2005 on the composition of electrical and electronic equipment and the disposal of waste from such equipment and in accordance with Article L541-2 of the Environmental Code, it is up to the holder of the waste to ensure or have its disposal. For the equipment concerned by the said decree, and in accordance with Article 18 of Decree 2005-829, the organization and financing of the removal and treatment of EEE waste, will be ensured by the Buyer. The Buyer must ensure the collection, selective treatment and recovery of waste electrical and electronic equipment in accordance with Article 21 of the said decree. The above obligations must be passed on by successive buyers to the EEA end-user. Failure by the Buyer to comply with the obligations thus imposed on him may result in the application of the criminal sanctions provided for in Article 25 of Decree 2005-829 against him.

 

ARTICLE 10 - Disputes

 

All disputes to which these GTC may give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences, will be submitted to the competent courts under the conditions of common law.

 

ARTICLE 11 - Applicable law - Language of the contract

 

By express agreement between the parties, these GTC and the purchase and sale transactions resulting from them are governed by French law.

 

They are written in French. In the event that they are translated into one or more languages, only the French text would be authentic in the event of a dispute.

 

ARTICLE 12 - Acceptance of the Buyer

 

These GTC as well as the rates and scales concerning the discounts, rebates and rebates attached, are expressly approved and accepted by the Buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to avail himself of any contradictory document and, in particular, his own general conditions of purchase CGA

 

ARTICLE 13 - Personal data

 

15.1 - Data collection: When purchasing the Products, FOGO may collect personal data about the Buyer. This collection and processing are carried out in compliance with the applicable regulations, in particular the General Data Protection Regulation (GDPR - EU Regulation 2016/679).

 

15.2 - Purposes of processing: The data collected are essential for the sale of the Products and, more broadly, for the execution of these conditions. They also allow FOGO to meet its legal and regulatory obligations.

 

15.3 – Data recipients: The data is exclusively intended for FOGO. They are treated with confidentiality and caution. FOGO may, however, be required to transmit them to the competent authorities, in order to legal obligations.

 

15.4 - Buyer's Rights: In accordance with the Data Protection Act and the GDPR, the Buyer has the following rights:

 

- Access, rectification, deletion of personal data,

 

- Opposition to processing, in particular for prospecting purposes,

 

- Limitation of processing, in certain cases defined by law (e.g.: contestation of the accuracy of data, unlawful processing, retention for the exercise of rights, opposition pending verification),

 

- Data portability, i.e. the right to receive data in a structured and readable format, and to transmit it to a third party,

 

- Post-mortem directives relating to the fate of his data (retention, erasure, communication). These directives may be transmitted to the contact details indicated in Article 2. The Buyer may designate a person in charge of their execution. Otherwise, the heirs will be able to exercise this right.

 

The Buyer can also file a complaint with a supervisory authority (including the CNIL in France), if he believes that the processing of his data constitutes a violation of the applicable law.

 

The exercise of these rights is carried out by email at info@fogo.fr or by postal mail to the following address:

 

FOGO - 26 rue Nicot, 59130 Lambersart, accompanied by a copy of a signed identity document.

 

The opposition to prospecting can also be exercised via the unsubscribe link at the bottom of each email.

 

15.5 - Cookies: FOGO uses technical cookies essential to the proper functioning of the site, as well as cookies related to social networks. By browsing the site, the Customer accepts the use of these cookies. Refusal to use them may result in a limitation of certain features.

 

ARTICLE 14 - Mediation

 

The Buyer has the right to use a consumer mediator free of charge to try to resolve amicably any dispute relating to the execution of these general conditions linking him to the company FOGO, in accordance with the provisions of articles L611-1 et seq., and R152-1 and following of the Consumer Code.

 

To exercise this right, he can contact the following mediator:

 

Mediation and Amicable Settlement Center for Bailiffs (Medicys)

 

Address: 73 boulevard de Clichy, 75009 Paris

 

Email: contact@medicys.fr

 

Phone: 01 49 70 15 93

 

ARTICLE 15 - Applicable law and competent jurisdiction

 

These general conditions are subject to French law. In the event of a dispute concerning their validity, interpretation or execution, the parties agree that the courts of Paris will have exclusive jurisdiction, unless otherwise provided otherwise.

 

ARTICLE 16 - Commercial references

 

The Buyer expressly authorizes FOGO to cite it and to use, if necessary, the reproduction of the Product as commercial references, in particular during events or events, 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 to promote it on its Site or any other communication medium.