Terms and conditions of sale
These terms and conditions of sale are entered into by FDMP, a company headquartered in Tours, France, and registered with the Tours Trade Registry under number Tours 844 617 266, on the one hand, and by any individual or legal entity wishing to make a purchase via the TM & Outdoor website, hereinafter referred to as the “buyer”, on the other.
Subject:
These terms and conditions of sale define the contractual relationship between TM & Outdoor and the buyer, and the conditions applicable to all purchases made through the TM & Outdoor website, whether the buyer is a professional or a consumer.
The acquisition of a good through the present site implies unreserved acceptance by the buyer of the present conditions of sale.
These conditions of sale shall prevail over any other general or special conditions not expressly approved by TM & Outdoor.
TM & Outdoor reserves the right to modify its conditions of sale at any time. In this case, the conditions applicable will be those in force at the date of the order by the purchaser.
Characteristics of the goods offered :
The products are those shown in the catalog published on the TM & Outdoor website. These products are sold while stocks last.
The photographs in the catalog are as accurate as possible, but cannot guarantee perfect similarity with the product, particularly as regards colors.
Rates :
The sale price of each product offered for sale on the TM & Outdoor website is expressed in euros.
The prices shown in the catalog are inclusive of VAT (where applicable) in euros, taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products.
Delivery charges (which vary according to the geographical destination and/or the weight of the order) will be added to the sales price including VAT.
TM & Outdoor reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only price applicable to the purchaser. Prices do not include the costs of order processing, transport and delivery in the geographical areas specified below.
Geographical area :
TM & Outdoor sells its products worldwide. A flat-rate delivery charge will be added to the order price, depending on the buyer’s geographical area.
Orders :
Buyers wishing to purchase a product must :
1. fill in the identification form with all the contact details requested, or give their customer number if they have one;
2. fill in the online order form, giving all the references of the products chosen;
3. validate their order after checking it;
4. make payment in accordance with the conditions laid down;
5. confirm their order and payment.
When placing an order, the Customer agrees to provide the required information (name, address, telephone number, e-mail address, etc.) and, when validating the order, is required, if he chooses to pay by credit card, to provide the payment card number and expiry date. He/she warrants that he/she is fully entitled to use said card, that the card gives access to sufficient funds to cover all costs resulting from the use of TM & Outdoor services. Only persons legally capable of entering into contracts concerning the goods offered may order on the TM & Outdoor website.
Generally speaking, this means that any individual must be at least 18 years old to become a customer and order on the TM & Outdoor website. In order to limit the risk of fraud and protect the interests of its customers, TM & Outdoor sometimes carries out checks on the validity of payments made by credit card on the site. Following this possible check, TM & Outdoor reserves the right to accept or refuse the order and, in the latter case, to proceed with the reimbursement of the said order by crediting the bank account that was debited at the time of the order.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one’s own terms and conditions of purchase or any other terms and conditions.
All data supplied and the recorded confirmation shall constitute proof of the transaction.
Confirmation will be considered as signature and acceptance of the operations carried out.
The seller will send confirmation of the registered order by e-mail.
TM & Outdoor will do its utmost to process all orders while stocks last. Orders will be processed in the order in which they are actually received by TM & Outdoor. Consequently, any claim relating to the unavailability of a product will not give rise to any compensation or indemnity other than the simple refund of the product if it has been effectively paid for.
TM & Outdoor reserves the right to refuse orders that give rise to a dispute. TM & Outdoor reserves the right to suspend or terminate the account of a customer who contravenes the provisions of the Charter. Any person whose account has been suspended or closed may not order on the TM & Outdoor website without prior authorization.
Goods remain the property of TM & Outdoor until full payment has been received.
In the event of a request for an exchange or refund, the return costs are payable by the customer in accordance with article L121-21-3 of the French Consumer Code.
We will cover all shipping costs if, and only if, we have supplied the wrong product (wrong size, wrong color, etc.)
In this case, please contact us before returning the wrong product.
Withdrawal :
Buyers, non-professional physical persons, benefit from a withdrawal period of fifteen days from the delivery of their order to return the product to the seller for exchange or reimbursement without penalty, with the exception of return costs. Orders placed by cheque for which the refund by cheque is less than 5 euros will be transformed into a credit note in the form of a discount voucher.
It is specified that TM & Outdoor will never be obliged, whatever the circumstances, to accept a return, or any claim at the end of the cooling-off period provided for in article L121-16 of the French Consumer Code or the return period provided for in the “Deliveries” article herein.
Terms of payment :
Payment is due at the time the order is placed.
Payments may be made by cheque, bank transfer, PayPal or credit card.
Credit card payments will be made via the secure system, which uses SSL (Secure Socket Layer) protocol, so that the information transmitted is encrypted by software and no third party can gain knowledge of it while it is being transported over the network.
At the buyer’s request, a paper invoice showing VAT will be sent.
Deliveries :
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area.
The risks are borne by the purchaser from the moment the products leave TM & Outdoor’s premises.
In the event of damage during transport, a reasoned protest must be made to the carrier within three days of delivery. Deliveries are made subject to availability and on a first-come, first-served basis, and may be made in whole or in part. Delivery times are indicative only, and under no circumstances shall a delay in delivery of less than 30 days from receipt of payment justify a claim for damages or cancellation of the order.
In addition to the delivery time, there is a 1 to 3-day preparation period, depending on product availability.
In the event of an order being returned due to the impossibility of delivery (time limit exceeded, incorrect recipient address, etc.), the customer is automatically notified by e-mail. If no news is received from the seller within 7 days of the e-mail notification, the seller reserves the right to cancel the order. Shipping costs will not be refunded.
Warranty:
All products supplied by the seller are covered by the legal warranty stipulated in articles 1641 et seq. of the French Civil Code.
Except in the event of a breakdown on unpacking, TM & Outdoor will under no circumstances be obliged to take back a product that has broken down, and the customer must contact the manufacturer’s after-sales service (if one still exists).
TM & Outdoor will do its best to provide customers with the contact details of the manufacturer’s after-sales service
In the event of non-conformity of a product sold, requests for exchange or refund must be made by post to the following address: TM & Outdoor 16 rue de Hollande 37100 TOURS, within thirty days of delivery.
Responsibility :
The products offered comply with the legislation in force in France. SAS FDMP may not be held liable in the event of non-compliance with the legislation of the country in which the products are delivered. It is therefore the buyer’s responsibility to check with local authorities about the possibility of importing or using the products he/she intends to order.
The responsibility of SAS FDMP shall not be held liable in the event of improper use of its merchandise.
The seller, in the online sales process, is only bound by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, breakdown in service, or other involuntary problems.
Intellectual property :
All elements of the TM & Outdoor site are and remain the exclusive intellectual property of TM & Outdoor.
No one is authorized to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site whether software, visual or audio. Any simple link or hypertext link is strictly forbidden without the express written consent of La TM & Outdoor.
Personal data :
In accordance with the French Data Protection Act of January 6, 1978, personal data concerning purchasers may be processed automatically.
TM & Outdoor reserves the right to collect information on purchasers, including by using cookies, and, if it so wishes, to pass on the information collected to commercial partners.
Purchasers may object to the disclosure of their contact details by notifying TM & Outdoor.
Similarly, users have the right to access and rectify any data concerning them, in accordance with the law of January 6, 1978.
The automated processing of information, including the management of e-mail addresses of site users, was declared to the CNIL on September 26, 2006, registered under number 1193925.
Archiving-Proof :
TM & Outdoor will archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the French Civil Code for a period of four years.
TM & Outdoor’s computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Dispute resolution :
The present conditions of online sale are governed by French law.
In the event of litigation, the competent courts of Tours shall have jurisdiction, notwithstanding multiple defendants or third parties.
May 2020
