Conditions of sale

1. Object
The purchase of Products offered on the website www.fueveswimear.com (hereinafter the "Site") is subject to these general conditions of sale of the Site (hereinafter the "GTC").

The FUEVE Products (hereinafter the "Products") are exclusively intended for sale to end consumers who are natural persons or non-professional legal entity customers (hereinafter the "Customers"), excluding any resellers or intermediaries. acting on behalf of resellers. Therefore, the Customer affirms that he acts as an end consumer and that he does not intend to resell the Products for commercial purposes.

FUEVE may update these T&Cs at any time.

The Customer can read the general conditions of sale on the site www.fueveswimear.com (hereinafter the "Site").

These general conditions of sale may be subject to modifications, the applicable conditions are those in force on the Site on the date of placing the order.

2. Prices and terms of payment
The prices of the products are indicated in euros, all taxes included (VAT applicable in France or that applicable in the country of delivery located in the European Union), excluding participation in shipping costs and excluding customs fees and other possible taxes.

FUEVE reserves the right to modify its prices at any time and without notice the prices of the products offered on the Site. However, the products will be invoiced on the basis of the rates in force at the time of dispatch of the order.

All orders are payable in euros. Payment for purchases is made by means of a bank payment card. The Customer guarantees that he is fully authorized to use the payment card for the payment of his order and that these means of payment legally give access to sufficient funds to cover all the costs resulting from his order on the Site. FUEVE cannot be held responsible for any fraudulent use of the means of payment used. FUEVE reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any amount due by the Customer or in the event of an incident of payment. Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to amounts unpaid at the end of a period of ten days following the date of supposed payment or upon notification of the rejection of bank payment. for any other means of payment. The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof. All payments will be processed by a secure data encryption procedure so that no information transmitted by the Customer is intercepted by third parties. It is up to the Customer to save and print his payment certificate if he wishes to keep the bank details relating to his transaction.

The price is payable in full and in a single payment upon validation of the order. If delivery or transport costs apply, they will be added to the price of the products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

The products remain the property of FUEVE until full payment of the price.

The products sold on the Site are exclusively reserved for individuals, and cannot be resold.

3. Order
The products intended for sale are the subject of a description (name, characteristics, composition, etc.) in accordance with article L 111.1 of the consumer code.

Any order placed on the Site implies express acceptance of the GCS and implies acceptance of the prices and Products available for sale on the Site.

The Customer who wishes to place an order must follow the following procedure:

1. The Customer chooses the Product(s) he wishes to order after consulting the description(s)

2. The Customer checks the contents of his basket

3. The Customer fills in the information necessary for the processing and delivery of his order

4. The Customer checks the contents of his order (total price, delivery and billing addresses). Once this information has been verified, the Customer validates his method of delivery and payment and must confirm by ticking the corresponding box the acceptance of these GCS. Validation of the order is only possible after checking this box. After this step, the Customer can no longer modify and/or cancel his order.

5. The Customer receives an e-mail summarizing the content of his order, namely:

• buyer's billing address
• delivery address of the product(s)
• nature, quantity and price of the product(s) purchased
• total amount of the order with precision of the amount of participation in the shipping costs.

The Customer is advised to keep and print this document, official proof of his order. The order is then recorded and processed by FUEVE. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.

6. The Customer receives an e-mail summarizing the contents of his order and confirming the shipment. The contract is deemed to be concluded on the date of sending this e-mail.

However FUEVE reserves the right not to validate the order transmitted or to cancel it in the following cases:

• If there is a previous or ongoing dispute with the Customer
• If FUEVE reasonably believes that the Customer has breached the Terms and Conditions or engaged in fraudulent activity.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of FUEVE can in no way be sought in the event that an error when placing the order prevents or delays delivery.

4. Availability
For any order placed, the Customer will receive an email. This email confirms that his order has been taken into account by FUEVE subject to the availability of the product(s).

Indeed, FUEVE undertakes to honor orders placed within the limits of available stocks. If, despite the brand's best efforts, a Product proves to be unavailable after the Customer's order, FUEVE will inform the Customer by email as soon as possible and the Customer will have the choice between:

• the delivery of a Product of a quality and price equivalent to that initially ordered, or
• reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.

5. Delivery
The Site offers different delivery or delivery methods.

The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.

FUEVE undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order, except for pre-order items which will be shipped on the date indicated on the product sheet.

Delivery times are announced in working days on the Site when ordering and in the tab provided for this purpose at the bottom of the site. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.

FUEVE undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused. However, if one or more Products could not be delivered within the time initially announced, an email will be sent indicating to the Customer the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. FUEVE cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

6. Right of withdrawal
In accordance with Article L.121-21-3 of the Consumer Code, the Buyer will then have a period of fourteen (14) days from the notification to the Site of his intention to exercise the right of withdrawal. .

For any return, the Customer must contact customer service via the email contact@fueveswimwear.com to inform them of their decision to use their right of withdrawal according to the model below:

"Dear,

I hereby notify you of my withdrawal from the contract relating to the sale of the product(s) reference XXXXXXX and present in order no. XXXXXX.

Ordered on XXXXXXX and received on XXXXXX:

Your Surname and First Name:

Your address :

Date and signature :"

Any package returned beyond the announced deadlines will be refused and returned to the sender. The costs and risks related to the return of the Products are the responsibility of the sender. For customer service to accept the refund, the Product must be returned complete in its original packaging, undamaged, with its tag affixed, nor worn, accompanied by all its accessories and a copy of the purchase invoice. The Customer will not have to justify reasons or pay penalties, with the exception of return costs.

All returns must be made by a traceable method (UPS, FEDEX, DHL, etc…) and the tracking number must be communicated to FUEVE.

FUEVE cannot be held responsible for cases of loss, theft or damage to the package.

Upon receipt of the returned items in their original condition, the Buyer will be refunded the amount of the purchases within fourteen (14) days of receipt by the Site.

Parcels for which the identification of the Customer (surname, first name, address and return code) will not be possible, will be refused.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

7. Warranties and Limitation of Liability
The Customer acknowledges assuming all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.

FUEVE is only required to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met:

1. They must comply with the description and have the characteristics displayed on the Site

2. They must be suitable for the purposes for which products of this type are generally designed

3. They must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.

All products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return free of charge the Products delivered defective or non-compliant. However, Products modified, repaired or integrated by the Customer are excluded from the warranty. The warranty will not apply to apparent defects, or that the Customer knew or could not ignore when ordering, in particular with regard to the indications provided by FUEVE. The warranty also does not cover Products damaged after transfer of risk to the Customer, or due to improper use.

According to 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. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.

According to article L217-5 of the Consumer Code: “The good complies with the contract:

1. If it is specific to the use usually expected of a similar good and, where applicable:

2. If it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model.

3. If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.

4. If it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter. »

If the Customer notices a lack of conformity of the Product, within the meaning of Article L. 217-5 of the Consumer Code, he can exercise the legal guarantee of conformity within a period of two (2) years from Delivery. of the Product, and is exempted from providing proof of the existence of the lack of conformity during this period. His request must be sent to the Customer Relations Department at contact@fueveswimwear.com. When the legal guarantee of conformity is implemented, in accordance with articles L. 217-9 and L. 217-10 of the Consumer Code, FUEVE undertakes:

• either to repair the Product or replace it with an identical product depending on the available stocks, at the Customer's choice, unless this choice entails a manifestly disproportionate cost for FUEVE with regard to the other modality, taking into account the value of the Product or the significance of the defect;
• either to reimburse the price of the Product if the repair and the replacement of a Product prove to be impossible, or if the replacement or the repair according to the case presented a major inconvenience for the Customer, or even if the replacement or the repair according to case cannot be implemented within one month of the Customer's request.

According to article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have paid less for it, if he had known them. If the Customer finds a latent defect within the meaning of article 1641 of the Civil Code, he can exercise the legal guarantee against latent defects within two years from the discovery of the defect. His request must be sent to the Customer Relations Department at contact@fueveswimwear.com. When the guarantee against hidden defects is implemented, FUEVE undertakes, according to the Customer's choice and after evaluation of the defect:

• either to reimburse the full price of the returned Product,
• or to reimburse part of the price of the Product if the Customer decides to keep the Product.

Finally, the Customer is reminded that the legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive, and do not deprive the Customer of any other contractual or commercial guarantee possibly granted by FUEVE. . They also do not deprive the Customer of his right of withdrawal defined in the GCS.

In the event of the occurrence of an event of force majeure preventing the execution of the Order or these GCS, FUEVE informs the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of FUEVE or the Customer without compensation on either side.

8.Contact
For any information or questions, you can write to us at contact@fueveswimwear.com.

9. Intellectual Property
All documents, text information, graphics, images, photographs or any other content published on the Website www.fueveswimwear.com are the exclusive property of FUEVE.

As such and in accordance with the provisions of the Intellectual Property Code, only use for private and non-commercial use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.

Any other use constitutes counterfeiting and is sanctioned under intellectual property unless prior authorization from the Site.

Any total or partial reproduction of the Site catalog is strictly prohibited.

10. Retention of title
FUEVE retains full ownership of the products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.

11. Applicable rights
These General Conditions of Sale are governed and interpreted in accordance with French law. The language of this contract is French.

Any dispute relating to the interpretation, the execution will be submitted to the competent courts.