Terms of Sales
Corporate Name: FUTURE GADGET CORPORATION
Legal status: S.A.R.L.
Registered office: 19 Rue de Bitbourg
Postal code: 1273
Grand Duchy of Luxembourg
Opening hours: Monday to Friday 10:00-18:00
Intra-community VAT: LU18011063
TERMS OF SALES
These conditions bind,
The Company Future Gadget Corporation SARL, Manager of FUTUREGADGETCORPORATION.COM, hereinafter referred to indifferently as "FGC" or "FGC.COM" and, secondly,
People wishing to make a purchase on the website of FGC.COM
Hereinafter referred to indifferently as "the customer" or "the buyer".
Its herewith specified that:
The site is the property of FGC in its entirety, including all related rights. Any reproduction, in whole or in part, is systematically subject to the authorization of the owner. However, links of the hypertext type pointing to the site are allowed without specific requests.
The photographs illustrating the products are for information only, and may differ from the actual product. FGC waives all responsibility in case of errors, omissions or discrepancies. The majority of products offered to its customers by FGC.COM are available in our warehouse.
These general terms of sale are exclusively aimed at single buyers. Corporate entities are herewith excluded from these terms.
The parties agree that their relations will be governed exclusively by this contract, excluding any conditions previously available on the site. If a condition set forth herein should be deemed inapplicable, its object shall be considered to be governed by the practices in force governing the mail order sector for companies headquartered in Luxembourg.
The present conditions may be modified at any time without notice, provided that any and all updated conditions are published on the site. For clients' convenience, courtesy translations of these Terms are available on the site in several languages. English language Terms shall prevail for all purposes hereafter.
ARTICLE 1: OBJECT
These conditions are set to define the terms of sale between the buyer and FGC.COM. They shall govern all matters between the contracting parties and all the steps necessary for the placing and follow-up of any orders.
The buyer acknowledges having read, at the time of placing the order, the special conditions of sale stated on this page and expressly accepts them without reservation. These general conditions of sale will prevail over any and all other conditions contained in any other document, except prior, express and written waiver by FGC.COM.
ARTICLE 2: ORDER
Automatic recording systems on the site are considered as proof of the nature, content and date of the order. FGC.COM confirms the acceptance of its order to the customer to the email address that it has communicated. The sale will not be concluded until the buyer receives confirmation of the order. FGC.COM reserves the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order. The information given by the buyer, when placing an order, commits it: in the event of an error in the address of the recipient, FGC.COM can not be held responsible for the impossibility in which it could be deliver the product.
FGC.COM will honor orders received under the terms of these general conditions of sale.
ARTICLE 3: AVAILABILITY OF ARTICLES
The offer of products referenced on the site is subject to the availability of items from suppliers and logisticians.
Any possible stock-outs can not therefore be attributed to FGC.COM.
Each buyer is informed by e-mail of unavailable products.
Unavailable items are removed from the article database only if the shortage is reported to FGC.COM as final by the vendor.
ARTICLE 4: INVALIDATED ORDERS
In case of unavailability of all or part of an order, the buyer is notified by e-mail of shortages, he then has the choice to cancel his order or maintain it for available items only. In case of absence of e-mail address, wrong e-mail address or no answer within 5 days, the order is considered canceled by the buyer.
ARTICLE 5: PRICE
Prices may be changed at any time without notice; the valid rate is the day of the billing. Prices are quoted in euros all taxes included, excluding shipping. They take into account the VAT applicable on the day of the order. The price is payable in full and in one payment, all orders are invoiced and payable in euros only. The prices expressed in currencies other than the euro are given as an indication.
For any delivery outside EU, customs duties, other local taxes, import duties, state taxes may be payable. These costs and taxes are the sole responsibility of the buyer, both in terms of declarations and payments to the competent authorities and bodies. For all products shipped outside the European Union including to DROM-PCOM, the price will be calculated excluding taxes on the invoice.
ARTICLE 6: PAYMENT
The price invoiced to the customer is the price indicated on the order confirmation sent by FGC.COM.
The price of the products is payable immediately on the day of the effective order, credit cards being charged at the time of the order.
Payment by credit card allows the buyer to pay via a bank server in a secure environment. The bank card number is directed to the bank's servers, the banking information about the Buyer is known only to the banking partner of FGC (bank and card data are not processed on FGC.COM’s website).
After placing the order the Buyer is automatically directed to the payment platform, the buyer transmits his bank details in a secure environment (the data is SSL encrypted). An authorization request is made for each transaction; a payment ticket, displaying the result, is displayed on the Buyer's screen.
The order validated by the Buyer will be considered effective only when the banking centers have given their agreement. In case of refusal of said centers, the order will be automatically canceled and the customer notified by email.
In case of payment by transfer / bank transfer, the order will be validated within 7 working days of receipt of payment, which must include the required order references or mentions indicated in the order. Charges for orders paid by wire transfer must be born by the Buyer.
ARTICLE 7: CORRESPONDENCE
All correspondence must be sent to us either by e-mail at firstname.lastname@example.org, or by mail to the address indicated in the header.
ARTICLE 8: DELIVERY
Orders are delivered by post or by an independent carrier, depending on the nature of the product ordered, at the sole and exclusive initiative of FGC.COM, to the address on the order form.
Should the buyer be absent at the time of delivery, it is incumbent upon him to withdraw his order at the address mentioned by the Postmaster or the carrier and according to the terms specified on the notice of passage filed to the delivery address.
In the absence of withdrawal of the delivery within the time indicated on this notice, the corresponding parcel is returned to FGC which will refund the purchaser of the amount of his order as soon as possible, after deduction of the expenses of sending and return of the order, if applicable).
Under no circumstances can an order be delivered within a hotel, a campsite, military installations, a post office or a post office box.
In the event of non-conformity of the delivered product with the indications appearing on the invoice or of damage related to the conditions of transport noticed at the time of the delivery, FGC.COM undertakes to remedy or refund the buyer, following the conditions referred to in Article 11 below.
In case of damage or nonconformity, the buyer must make reservations in writing to FGC. In this respect, it is the responsibility of the buyer to check the contents, the conformity and the condition of the products at the time of delivery, this verification is deemed to have been made once the buyer or a person authorized by him has signed the delivery note presented by the postmaster or by the carrier.
The fact that the buyer did not make reservations on the delivery or signature slip will be considered a refusal to dispute the conformity of the delivery.
For deliveries outside EU, the customer agrees to pay all taxes due on the importation of products, customs duties, value added tax, and any other taxes due under the laws of the country of receipt of the order. All orders placed with FGC are intended for the personal use of the buyer. FGC.COM waives any legal liability if the payment of taxes was not made by the customer. Possible delays due to customs or shipping do not entitle the buyer to claim any sort of damages.
ARTICLE 9: DELIVERY TIME
The delivery time is provided as an indication, it includes the preparation time of the package plus the time of delivery of the order. When all products are available, the average time is 8 to 10 working days, this not being a deadline. FGC.COM cannot be held liable in case of late delivery or for items out of stock .
Orders paid by check or money order are processed upon receipt of payment, delivery times are calculated from this receipt. A delay in delivery, attributable to the carrier, can not be opposed to FGC.
As an indication, the delivery times indicated by the postal services are as follows:
A) DELIVERY IN FRANCE
Delivery in mainland France
Sending in Colissimo: 3 workdays
Delivery in France, in the overseas departments: Sending in Colissimo: 7/10 days
Delivery in France, in the Overseas Territories: Priority shipment: 2 weeks
B) DELIVERY IN ONE OF THE COUNTRIES OF THE EUROPEAN UNION
Delivery to Germany, Austria, Belgium, Denmark, Spain, Finland, Great Britain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Sweden. Sending in Colissimo: 5 working days.
Delivery in one of the other countries of the Union: Priority shipment: 1 week
C) INTERNATIONAL SHIPMENTS (this possibility depends on the articles selected)
Delivery in Switzerland:
Sending by Colissimo: 5 days
Delivery outside the European Union and Switzerland Priority shipment: 2 weeks
Shipments of products ordered on the site are managed by Amazon.
It is Amazon which, according to the destinations, routes the products ordered through the network which it determines as being the most suitable among the various options above.
ARTICLE 10: SHIPPING COSTS
The shipping costs are calculated automatically according to the amount of the products actually shipped. The customer is informed of the amount of shipping costs prior to confirming his order.
ARTICLE 11: GUARANTEES, RIGHT OF RETURN AND RETRACTION
Items provided by FGC.COM are brand new, guaranteed against defects. European buyers have a period of 14 days from receipt to return any product that does not suit them. The costs of sending the return will be charged to the buyer. Only the price of the products purchased will be refunded. Multimedia products must be returned in their original packaging, still sealed.
In the event that an item is defective or non-compliant, it will be exchanged or refunded, provided that it is returned to FGC, accompanied by the corresponding invoice, within 14 days of receipt of the package to:
This right of withdrawal is limited to EU customers, and can not be exercised for audio and video recordings unsealed by the buyer. Items returned incomplete, damaged, damaged or soiled by the customer are not accepted.
FGC.COM will refund or exchange products that do not correspond to the order (defective or non-compliant). These refunds will be made within a period of 15 days or less after the receipt of the products. The refund will be made by crediting the bank account in the name of the customer who placed the order, at the order’s billing address. After a period of fourteen days from receipt of the order by the buyer, the delivered products will be deemed to comply with the order and to have been accepted by the buyer.
ARTICLE 12: SIGNATURE, EVIDENCE, VALIDATION
The final validation of the order is proof of the completeness of said order and acceptance of the prices and descriptions of the products ordered, as well as full and unreserved acceptance of the entirety of the present General Terms of Sale.
The data automatically recorded by the site constitutes proof of the transaction made between the buyer and FGC.COM, and of the exigibility of the sums corresponding to the articles appearing on the purchase order.
The computerized registers, preserved in the computer systems of FGC, under reasonable conditions of safety, will be considered as proof of communications, orders and payments made between the parts.
ARTICLE 13: TRANSFER OF PROPERTY
The sold goods remain the sole property of FGC until their full payment. The transfer of ownership of the products to the benefit of the buyer is effective only after full payment of the price by the latter, regardless of the date of delivery of said products.
ARTICLE 14: INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the site are property of FGC or its assigns and are reserved under copyright and intellectual property, for the entire world. As such and in accordance with the provisions of the Code of Intellectual Property, only private use is permitted, subject to different or more restrictive provisions of the Code of Intellectual Property. Any other use without prior permission by FGC is prohibited.
Reproduction, in whole or in part, of the catalog of FGC.COM is strictly prohibited
ARTICLE 15: SECURITY OF THE INFORMATION TRANSMITTED, PERSONAL INFORMATION
All personal information collected for the purposes of sales is necessary, this information being essential for the treatment and the routing of the orders, the establishment of the invoices and contractual guarantees. Orders that do not contain all basic information necessary for billing and shipping will be cancelled.
FGC treats all information about its customers with the strictest confidentiality.
The information provided by the Buyer is subject to automated data processing. This automated data processing is devised to ensure proper analysis of all transactions and to fight credit card fraud. It is made by the payment platform indicated on the site, and is not under the control of FGC.
The occurrence of a refused payment due to the fraudulent use of a credit card may result in the recording of contact details related to the order associated with such
refused payment, within a payment incident file maintained by the payment platform. Other payment anomalies may also be the subject of a specific treatment.
In accordance with the GPRD provisions in force, you have, at any time, a right of access, rectification, and opposition to all of your personal data by writing to:
Future Gadget Corporation SARL
19 Rue de Bitbourg
ARTICLE 16: LIABILITY
FGC has, for all stages of access to the site, the ordering process, delivery or subsequent services, only an obligation of means. FGC cannot be held liable for any inconvenience or damage inherent to the use of remote server access, including a disruption in service, external intrusion or the presence of computer viruses or any event qualified as force majeure, in accordance with the law.
The information provided in the databases has been entered following informations provided by publishers and suppliers.
The photographs, images and texts reproduced and illustrating the products presented are not contractual. Consequently, FGC waives all responsibility in case of errors contained in such photographs, images or texts.
FGC is in no way responsible for the content of the works and can not be held liable for them.
The products offered comply with the Luxembourg legislation currently in force. FGC declines any responsibility if the delivered article does not respect the legislation of the country of delivery (censorship, prohibition of a title or an author ...).
FGC waives any liability in the event of non-performance of the contract concluded, in case of out of stock items or unavailability of the products, force majeure, disruption or total or partial strike affecting postal services and/or means of transport.
FGC will not incur any liability for any consequential damages as a result of these Terms, for business interruptions, loss of profit, loss of exchange, damages or expenses.
FGC cannot be held liable for damages of any kind, whether tangible or intangible, which could result from a malfunction or misuse of the products marketed. The same is true for any modifications of the products. The responsibility of FGC will, in any case, be limited to the amount of the order and FGC cannot be blamed for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products.
ARTICLE 17: REFUSAL TO SELL
The terms of sale cease to apply if, during a previous order, the buyer has evaded his obligations. A refusal to sell will then be validly opposed.
ARTICLE 18: ENTIRETY
Should any of the clauses of the present contract be deemed null and void by a change of legislation, regulation or by a court decision, this cannot in any way affect the validity and the respect of the other clauses of the present Terms of Sales. The affected clause will be replaced by an equivalent, valid clause that shall produce the same effects.
ARTICLE 19: CONSERVATION AND ARCHIVING OF TRANSACTIONS
The filing of purchase orders and invoices is carried out on a reliable and durable medium, so as to correspond to a faithful and durable copy in accordance with the accounting provisions in force.
ARTICLE 20: ACCEPTANCE OF TERMS OF SALE
The present general terms of sale as well as the prices are expressly approved and accepted by the purchaser, who declares and recognizes to have a perfect knowledge, and renounces, thus, to take advantage of any contradictory document, the act of purchase resulting in acceptance of these general terms of sale.
ARTICLE 21: DISPUTES
In case of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution with the help of a professional association, a consumer association or any other advice of his choice. It is recalled that the search for an amicable solution does not interrupt the term of any legal guarantee, nor the duration of any contractual guarantee. It is further recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee requires that the buyer honors its financial commitments to Future Gadget Corp.. The parties hereby agree that any disputes arising from the execution of the obligations hereby entered into between the parties shall be subject to the exclusive jurisdiction of Luxemburg Courts. The buyer hereby irrevocably agrees and accepts that any amounts due may be claimed by Future Gadget Corp. before the Luxembourg Courts, and will therefore be portable and not queriable.
ARTICLE 22: APPLICABLE LAW
This contract is subject to Luxembourg law and the exclusive jurisdiction of Luxemburg Courts. The language of this contract is english, with the alternate translations offered as a courtesy. All the clauses appearing in these general term of sale, as well as all the operations of purchase and sale which are aimed at, are subject to the Luxembourg law. In case of dispute, the competent courts will be those of the registered office of FGC where the contract between the parties shall be deemed formed, notwithstanding plurality of defendants and / or call in guarantee, even for urgency procedures or conservatory procedures, in summary or by request.
© 2019 FGC SARL