Terms and Conditions of Sale

(hereafter reffered to as « The Conditions »)


By using the website and services of FUNANDFOUTAS, you agree to these Conditions. Please read them carefully.

These Conditions were last updated July 1st 2019.

The Conditions are executed and interpreted in accordance with French law.

The Conditions are written in French in their original version. The French language version of the Conditions will prevail over any other language version issued by the Company Villa Iraine.


Identity of the SELLER
The offers to sell on the website
www.funandfoutas.com are issued by the Company VILLA IRAINE, SASU with a capital of 1000 euros, whose head office is located 31Bis rue de Pontoise - 95220 Herblay-sur-Seine in France and registered in the Pontoise Register of Trade and Companies under the number 851 647 727.
FUNANDFOUTAS, a registered trademark, is a brand of the Company VILLA IRAINE.

ARTICLE 1 - OBJECT
These Terms and Conditions of SaleThe Conditions») apply, without restriction or reservation, to all sales concluded by the Company VILLA IRAINE ("The Seller") to consumers and buyers ("Customers or Customer"), wishing to acquire the products offered for sale by the Seller ("Products") on the FUNANDFOUTAS’ website :
www.funandfoutas.com.
These Terms and Conditions of SaleThe Conditions ») specify, among other things, the conditions for ordering, paying, delivering and managing the possible returns of products ordered by the Customers.
1.1 - Customers
The terminology "Customer" refers to both the consumer and non-professional customer ("Non-Professional Customer ») as well as the professional customer ("Professional Customer"), except when it is specifically specified what type of customer it is.
In the event that it is a "Professional Customer", these Conditions constitute, in accordance with Article L 441-6 of the French Trade Code, the single basis of the commercial relationship between the parties, defining the conditions in which the Seller provides products and services offered for sale on the website
www.funandfoutas.com to professional customers, who make a written request via the Seller's website. The Conditions apply, without restriction or reservation, to all services rendered by the Seller to Professional Customers, regardless of the clauses that may appear on the Customer's documents, including its Terms and Conditions of Purchase.

In accordance with current regulations, these Conditions are systematically communicated to any Professional Customer, to allow him to place an order with the Seller, within the statutory periods.
The Customer's confirmation of his order is worth unrestricted or reserved acceptance of these Conditions.
The Customer acknowledges that he has the capacity to contract and acquire the products offered on the website www.funandfoutas.com.
The Non-Professional Customer states that he does not make any purchases on the website
www.funandfoutas.com for resale.
Anyone wishing to make purchases on the website
www.funandfoutas.com for their professional needs, especially for resale, is asked to contact the Seller’s Customer Service by email, at : contact@funandfoutas.com, and will be regarded as a Professional Customer.
Unless the contrary is proved, the data stored in the Seller's computer system is proof of all transactions with the Customer.
1.2 - Products
The Seller reserves the right to change the items offered for sale on the
www.funandfoutas.com site at any time and without notice.
The Seller presents on his website, www.funandfoutas.com, the products for sale with all the necessary characteristics that allow to comply with article L 111-1 of the French Consumer Code, which provides the possibility for the potential customer to know, before the final order is confirmed, the essential characteristics of the products he wishes to acquire. The products offered for sale are described and presented with the greatest possible accuracy. The Customer is required to read the characteristics before any order is placed and confirmed.

In case of an order to a country other than France, the Customer is considerd to be the importer of the products concerned. Custom clearance fees or other local or state taxes may be payable. They will be borne by and are the sole responsibility of the Customer.


1.3 – Terms and Conditions of Sale (« Conditions »)
These  Conditions were last updated July 1st 2019.
These Conditions will remain in effect until their next update.
Any visit or order placed on the website
www.funandfoutas.com implies the full acceptance of these  Conditions.

The Customer states that he has the full legal capacity to commit to and understand these Conditions.
The Customer states that he has read and understood these Conditions and has accepted them by checking the box provided for this purpose before the confirmation of the online ordering procedure.
These Conditions apply to the exclusion of all other conditions, for online sales and possible sales at sporting events/sponsorships/…
These  Conditions are available at any time on the website
www.funandfoutas.com and will, if necessary, take precedence over any other version or other contradictory document.
As these Conditions may be subject to further changes, the version applicable to the Customer's purchase is the one in effect on the website on the date of the order confirmation.
The Conditions are written in French in their original version. The French language version of the Conditions will prevail over any other language version issued by the Seller.
No particular condition may prevail, without formal and written acceptance of the Seller, against these Conditions. All other conditions set by the Customer will therefore, in the absence of express written acceptance by the Seller, be unenforceable to the Seller.
If any stipulation of these Conditions is declared null and void by a Tribunal or any other administration or authority, such a decision will not in any way affect the validity of the other stipulations of these Conditions.


ARTICLE 2 - ORDERS
Customers can acquaint themselves with the products of the brand Funandfoutas offered for sale by the Seller on the website
www.funandfoutas.com.
It is up to the Customer to select the products he wishes to order on the website
www.funandfoutas.com, according to the terms listed below for online sales :

1.       The Customer adds in his basket the items he wants to order.

2.       If the Customer wishes to order, he must first identify himself on the website to become a Customer.

3.       To this end, he will fill out a form available to him where he will include the necessary information for his identification, including his names, first names, postal address, delivery address.

4.       The Customer will be required to provide a username and password that will be personal and confidential.

5.       The Customer, to confirm his purchases, will have to choose the delivery address and confirm the payment method.

6.       The Customer has the opportunity to verify the details of his order, it’s total price, and to correct any errors before confirming his acceptance (Article 1127-2 of the French Civil Code).

7.       For orders placed on the internet, the registration of an order on www.funandfoutas.com is final when the Customer accepts these Conditions by checking the box provided for this purpose and thus confirms it . This confirmation implies the acceptance of all these Conditions and is considered a sales contract.

8.       When the order's payment screen is confirmed it is automatically saved by the Seller. From this last click of acceptance, the order is considered irrevocable and can no longer be changed at the Customer's initiative.

2.1 - Confirmation of orders
Upon acceptance of the Customer's payment, the Customer will receive an email confirming his order, summarizing all the items ordered, the billing address and the delivery address.

Customers who have placed an order will be able to print their invoice by logging on to the website www.funandfoutas.com in the My Account/Order History for this purpose.
The Seller reserves the right to not confirm the order in the event of :

-          Abnormal or abusive claims,

-          Abnormal orders in relation to the quantities ordered,

-          Abnormal or abusive exchanges and returns,

-          Existing dispute(s) with the Customer.

For Professional Customers wishing to order products following an exchange with the Seller’s Customer Service, a price quotation will be drawn up for a validity period of fifteen (15) working days from its date of establishment. The confirmation of the order is a signed price quotation by the Professional Customer and the Seller, and is materialized by a deposit as detailed in "Article 4 – Prices » of these Conditions.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of an earlier order, the non-compliance with these Conditions, or an erroneous delivery address.
The payment of a deposit by the Professional Customer at the time of the placing of the order, as defined in "Article 6 - Terms of Payment" of these Conditions will be acquired by the Seller and will not give rise to any refund.
The Seller’s Customer Service is available to the Customer for any questions relating to his order. The Customer Service is available in writing, please state :

-          The subject of the (e)mail,

-          The order number,

-          Your name, first name

-          Email,

-          Your postal address,

at the following address :
VILLA IRAINE
Customer service
31 Bis rue de Pontoise
95220 Herblay-sur-Seine

, or by email to : contact@funandfoutas.com

 

ARTICLE 3 - PRODUCTS
The products offered for sale by the Seller, on the website www.funandfoutas.com, are those listed on the website on the day of its consultation by the Customer. Each product will be the subject of a detailed description. The Customer is required to refer to the description of each Product in order to know its essential properties and characteristics.
The photographs and graphics presented on the website
www.funandfoutas.com are not contractual and cannot be held responsible for the Seller.

3.1 - Product availability
Product offers are within the limit of available stocks, as specified at the time of placing the order. If the order is unavailable, the Customer will be notified by email as soon as the order is received.
The Customer will then be able to request a refund of the paid price or the delivery of an equivalent or similar product, in return for the amount he has paid.
The difference between the originally paid price by the Customer and the replacement product price will either be refunded to the Customer, when this difference is in the Customer's favour, or will result in the payment of an additional price by the Customer.

ARTICLE 4 - PRICES
The prices of our products are specified in Euros.
The value-added tax (VAT) is the one in force in the French metropolitan area on the day of the confirmation of the order. In case of a purchase made outside the European Union customs clearance fees or import taxes can be added to the prices of our products and are the sole responsibility of the Customer.
The prices applied are those communicated on the website and confirmed to the Customer when his order is confirmed. Prices take into account any reductions that would be granted by the Seller on the website www.funandfoutas.com.
These prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions listed on the website
www.funandfoutas.com and calculated prior to the final confirmation of the order.
Any financial participation in processing and/or shipping costs will be indicated expressly to the Customer, prior to the confirmation of the order.

The payment requested from the Customer is the total amount of the purchase, including these fees.

We reserve the right to change our prices at any time but we are committed to applying the prices listed on the website at the time of your order.

We inform you that in case of erroneous price display, obviously derisory (vil price), whatever the reason (computer bug, manual error, technical error), the order - even confirmed by us - will be cancelled, of which we will inform you of as soon as possible. You will then be able, if you wish, to re-order at the corrected and right price.

The Seller may accept specific and personalized orders from the Professional Customer. These specific and personalized orders must be detailed by writing in an email or a mail to the Seller’s Customer Service. They will then be the subject of a price quotation issued by the Customer Service. The price quotations drawn up by the Seller are valid for a period of fifteen (15) working days, from the date of establishment. The price quotation and order is not considered accepted until after a 50% deposit of the total order price has been paid by the Professional Customer.

 

ARTICLE 5 – FIELD OF APPLICATION

These Conditions apply to all sales of the Seller confirmed from the website www.funandfoutas.com, or following acceptance of a price quotation transmitted from the Seller’s Customer Service to a Professional Customer.

 

ARTICLE 6 – TERMS OF PAYMENT

Payments made by the Customer will only be considered final after the Seller has effectively cashed in the sums owed.

The Seller will not be required to issue the Products ordered by the Customer if the Customer does not pay the price in full under the conditions listed below.

6.1 - Online confirmed orders

The total price is payable in full on the day the Customer places the order online (www.funandfoutas.com), by secure payment, according to the following terms:

Visa, MasterCard, American Express, other credit cards

6.2 - Price quotation-confirmed orders for Professional Customers

A deposit of 50% of the total purchase price of the Products ordered is required when placing the order following the acceptance of the price quotation by the Professional Customer.

-          This deposited sum is not refundable.  

-          The balance of the total order price is payable on the day of delivery.

-          The following secure payment methods are used:

Visa, MasterCard, American Express, other credit cards

6.3 - Penalties applicable for non-professional Customer

Any unpaid amount will result in:

-          The payment of late interest at the legal rate, in accordance with french applicable regulations. These interests will run until the sums owed are cashed in;

-          The payment 50 euros as fixed costs for opening an « unpaid file »;

-          The refund to the Seller of any bank expenses he would have to bear, including the rejection of the cheque or the cancellation of an automatic withdrawel ;

-          The immediate dueness of all invoices not yet due;

-          Suspension or cancellation, at the Seller's choice of delivery.

6.4 - Penalties for The Professional Customer

In the event of a delay in payment and payment of the sums owed by the Professional Customer beyond thirty (30) days after the payment date on the invoice addressed to the customer, late penalties calculated at the legal rate of the price shown on that invoice, will be automatically and fully acquired to the Seller, without any formality or prior notice.

In the event of non-compliance with the payment terms stated above by the Professional Customer, the Seller also reserves the right to suspend or cancel the delivery of orders or the execution of the current services, to suspend performance of its obligations, to reduce or cancel any discounts granted to the Professional Customer.

Finally, a payment for expenses, amounting to 40 euros, will be due, as of right and without prior notification to the Professional  Customer in case of late payment. The Seller reserves the right to ask the Professional  Customer for additional compensation if the expenses exceed this amount, upon presentation of proof.

 

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with Article L.121-20 of the French Consumer Code, the Non-Professional Customer will have a retraction period of fourteen (14) working days from the delivery of the products ordered, without paying a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of notification to the Seller of his decision to withdraw.

The Customer Service is available in writing, please state :

-          The subject of the (e)mail,

-          The order number,

-          Your name, first name

-          Email,

-          Your postal address,

at the following address :
VILLA IRAINE
Customer service
31 Bis rue de Pontoise
95220 Herblay-sur-Seine

, or by email to : contact@funandfoutas.com

Apart from the possibility given to the Non- Professionnel Customer to retract within the given time frame and according to the above conditions, the order is firm and final from the time it is accepted by the Non- Professionnel Customer.

Exchanges are only possible for identical items with a different size. For the refund it is necessary to return the items with a refund request and make a new purchase.

Returns are to be made in their original and complete state (packaging, accessories, notice, labels...). Products must not have been worn or washed to allow them to be put back on the market in a new state, accompanied by the invoice or order number.

Damaged, soiled or incomplete products are not taken back.

The Non- Professionnel Customer will be reimbursed by the method of payment having been used to pay the order.

 

ARTICLE 8 – APPLICABLE LAW

The Conditions are executed and interpreted in accordance with French law.

 

ARTICLE 9 - DELIVERY

The products will be delivered to the address expressly provided by the Customer in the "Delivery Address" section.

In the event of a typing error, including an incorrect or incomplete delivery address, the Seller cannot be held responsible for the consequences. All costs associated with re-shipping products due to a customer input error will be the Customer's sole responsibility.

Delivery costs are communicated to the Customer before the order is accepted on the website www.funandfoutas.com.

Packages are usually shipped within five (5) days after receiving payment. They are shipped via COLISSIMO with a tracking number and delivered without a signature.

Shipping costs include preparation and packaging costs as well as shipping costs. Preparation costs are fix, while transportation costs vary depending on the total weight of the package. We recommend that you group all your items into one order in the interests of environmental respect. We cannot group two separate orders, shipping fees will apply to each.

The size of the boxes/envelopes are appropriate and your items are properly protected with environmentally friendly packaging.

The transfer of risks to the products takes place from the time they are received by the Customer.

Unless there is a force majeure, the products will be delivered within thirty (30) days of the customer's order. Delivery times are given as an indication by the carrier and cannot commit the Seller.

Any change during execution of the order and confirmation on the website, accepted by the Seller, will necessarily result in an extension of delivery times.

It is recommended that the Customer does not accept a damaged package and refuses it. In fact, parcels leaving the Seller's warehouses must be delivered without visible signs of opening and/or deterioration. If a damaged parcel has been deposited in the Customer's mailbox or a third party has received it, the package is considered "accepted as it is." If no claims have been issued, the Seller will not be able to take into account any losses, nor proceed to compensations.

The customer has a period of one (1) working day from delivery to make any claims by e-mail to the Seller for non-compliance or apparent defect of the delivered products (e.g. reference error, missing products ... ).

The Seller will refund or replace as soon as possible and at his own expense, the products delivered whose apparent or hidden defects are duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the French Consumer Code and those provided for in these Conditions.


ARTICLE 10 – INTELLECTUAL PROPERTY
The Seller expressly reserves the ownership and exclusive enjoyment of all intellectual and industrial property rights owned by the  Customer and which the  Customer may be required to have knowledge or use in the context of any sales contract.
The  Customer refrains from using intellectual or industrial property rights belonging to the Seller without his prior written permission.
The Customer does not file any title of industrial property relating to inventions, designs, marks, plans, processes, software, prototypes or other elements that the Seller would make available to him.

ARTICLE 11 – COMPUTER AND FREEDOM AND PRIVACY POLICY
Customer information, collected as part of any order from the website
www.funandfoutas.com of the Seller, is essential to process the orders.
This Customer information is stored in the Seller’s Customer file. In accordance with the French "Computer and Freedom" law of 6 January 1978, as amended by the law of 6 August 2004, the Customer has a right of permanent access, modification, rectification, opposition to portability and limitation of treatment information about him.
The Seller’s Customer Service is available to the Customer for any questions relating to his order. The Customer Service is available in writing, please state :

-          The subject of the (e)mail,

-          The order number,

-          Your name, first name

-          Email,

-          Your postal address,

at the following address :
VILLA IRAINE
Customer service
31 Bis rue de Pontoise
95220 Herblay-sur-Seine

, or by email to : contact@funandfoutas.com

Customers can also change their personal details from their customer account on the website on "My Account/Personal Information" by using their email address and password.
Your Customer password is kept encrypted in our database and we cannot access it. If you lose this password you can use the tool to create a new password available on our website.
In accordance of French Law 78-17 of 6 January 1978 reinforced and supplemented by the French RGPD (General Data Protection Regulation) effective on 25 May 2018, it is recalled that the personal data that is requested from the  Customer is necessary for processing orders (from online confirmation to delivery) and invoices, registration for newsletters and/or alerts, creation of customer accounts, survey and statistics, and sending invitations to events.
The personal data collected are: the name and surname, gender and contact information of the Customer such as his postal address, his email address, telephone numbers, e-signature, his user name and password, IP address, as well as all information relating to the contractual and commercial relationship between the Customer and the Seller (including details of products and services ordered by the Customer), information (bank details, card numbers) and transactional customer numbers.
Each Customer refrains from disclosing another person's personal data and/or personal data that does not concern them.

All of this data is collected each time the Customer communicates directly with the Seller, uses it’s website and uses it’s services. This is particularly the case in:

-          Creating and connecting to a customer account,

-          Navigation on the website www.funandfoutas.com,

-          The confirmation of an order,

-          Payment of an online order,

-          Delivery of a product/order,

-          Sending of newsletters or alerts

-          Any communication between the Customer and the Seller.

The processing of personal data may in certain circumstances be necessary for the Seller to protect his legitimate interests by allowing him to retain evidence of transactions with the Customer and, if necessary, to proceed with debt collection.
The personal data collected may be communicated to the potential partners (subcontractors) of the Seller, who participate in carrying out missions for which the data is collected and who are called upon to intervene in this capacity (only when necessary). These will include CREDIT MUTUEL for the payment and LA POSTE (COLISSIMO) for delivery.

Personal data are not disseminated to third parties. The disclosure of personal data is carried out in accordance with the French laws and regulations in force, applicable to subcontractors.
The Customer may also, for legitimate reasons, object to the processing of data about him by withdrawing his consent, by e-mail or by mail at the above addresses.
By exercising its right of access, the Customer can obtain the disclosure of all the data about him, whether it is stored in an active database or archived.
The data is kept in our active database for the period of time necessary for processing, from creating to deleting a customer account, from registration to unsubscribe to newsletters and/or alerts for customers, or the confirmation of the order until the expiry of the withdrawal period for customers who have subscribed to our product offers.
Personal data is not subsequently archived and is directly deleted.
Since the collection of personal data can only apply to individuals aged 15 (fifteen) years, the Customer declares that he has reached the required age or is authorized by the holder of parental responsibility for him.

 

ARTICLE 12 – FORCE MAJEURE
The Seller will not be responsible for the total or partial non-performance of its obligations under the customer's order, if this non-performance is caused by an event constituting a case of force majeure as defined by the the French law.
In such a case, the Seller will inform the Customer of the occurrence of such an event within 3 (three) working days following its occurrence, by e-mail.
After a period of one (1) month, and in the event that the event constituting a case of force majeure persists, the order will be cancelled and, if necessary, will be reimbursed by the Seller on the credit card used by the order within a maximum of thirty (30) days.

ARTICLE 13 – LIMITATION OF LIABILITY
We do not accept any responsibility in the event that the product delivered does not comply with the laws of the country of delivery other than France.
We cannot be held responsible for the breach of contract in the event of a stock shortage or product unavailability, force majeure, total or partial disruption or strike, including postal and transport services and/or communications.
We cannot be held responsible for any direct or indirect damage that may occur as a result of the purchase of the products. The total or partial inability to use the products, due in particular to a material incompatibility, cannot incur our liability or give rise to any compensation or refund.
Hyperlinks can refer to other sites. We absolve ourselves of liability in the event that the content of these sites violates the legal and regulatory applicable French laws.
Within the limits of what is allowed by French law, we provide the site
www.funandfoutas.com and its content on a "as is" basis. We do not make any statements or guarantees of any kind, whether explicit or implied about the site, its operation, its content. All information, including mentions of the availability and compliance of products on the site, has no contractual value. In addition, we do not declare or guarantee that the information available via the site is accurate, complete or updated.
Under no circumstances will we incur liability to individuals or professionals for loss of profits, commercial losses, loss of data or loss of earnings or any other indirect damage or damage that was not foreseeable at the time of use of the site or the conclusion of the sales contract between the Seller and the Customer.
Under no circumstances can we be held responsible for the use that would be made of the objects for sale on this site and the consequences that would result from it. The consumer is solely responsible for the hardware and its application. It is up to the user to ensure that his actions comply with the law in his country and do not harm either others or himself.
We would not be responsible for any damage, temporary or permanent, caused to the visitor's computer system or any loss or damage that would be suffered, in particular, as a result of access or navigation on our website,
www.funandfoutas.com.

 

LEGAL INFORMATION
The www.funandfoutas.com website is published by the French Company VILLA IRAINE.

Company 

VILLA IRAINE
Headquarters : VILLA IRAINE - 31Bis rue de Pontoise - 95220 Herblay-sur-Seine - France
RCS: Pontoise under number 851 647 727.
SIRET: 851 647 727,000 11
SASU with a capital of 1000 euros
VAT identification number: FR53851647727
Email address: contact@funandFoutas.com
Editor: Ingrid Toumi as President of the Company

Host: OVH
Photo credits: Ingrid Toumi - Anis Toumi
Web development: Ingrid Toumi
Web design: Ingrid Toumi

Ownership of the site
This website, www.funandfoutas.com, is owned by the Company VILLA IRAINE.
Any full or partial reproduction, including texts and photographs, is strictly prohibited. Reproduction, distribution or commercial use of these elements may be prosecuted in any competent court. We would not be responsible for any damage, temporary or permanent, caused to the visitor's computer system or any loss or damage that would be suffered, in particular, as a result of access or navigation on our website.
For further information please refer to the Website's Terms and Conditions of Sale.