Terms and conditions
Terms and Conditions
1. General Terms and Conditions
These general terms and conditions apply to the use of this Website and by accessing this website and/or placing an order you agree to be bound by the conditions set out below
These general terms and conditions apply to all agreements concluded between FSim S.A.S and its customers (hereinafter “the Customer”), and, in a general manner, to all their business relations.
Our general and special terms and conditions can only be amended by explicit, written agreement between the parties. They are deemed as accepted by the Customer by the simple fact of placing an order, even if they are in contradiction with the Customer’s own general or special terms and conditions. The Customer’s general or special terms and conditions will only be binding for us providing they have been explicitly accepted in writing. The circumstance whereby we would have accepted the contract without protesting against the stipulations referring to the general or special terms and conditions or any other provisions of the Customer, may in no case be invoked.
FSim S.A.S is at all times entitled to change or supplement these General Terms and Conditions including all possible enclosures with an adequate term of notice. Orders made previous to possible changes will then be processed according to the old General Terms and Conditions.
Products depicted in the shop is not considered as a legally binding offer, but as a non-binding online catalogue. Small deviations and changes to product pictures or product descriptions are possible.
All prices shown in the shop are excluding VAT. the legal VAT within the European Union (EU) or for orders outside the EU will be calculated during the check-out process when the delivery address is entered by the customer and added to the final price with the calculated price of delivery. Final check and agreement will be reviewed before final agreement and order placement.
The total cost of your order is the price of the goods and delivery charges as set out in Shipping page. Payment can be made by Paypal (including most major credit or debit cards ) and bank transfer.
We support some of the Paypal fees but not all. All orders paid by Paypal are taxed with 2.2% transaction fees.
You can have more information regarding the Paypal fees here http://paypalfeecalculator.paymentprocessing.cc/
Orders passed by bank transfer are not subject to a fee.
4. Conclusion of a Contract
By placing an order, you submit a binding offer to purchase the relevant product from FSim S.A.S Products. If you make an order at FSim S.A.S, we will send you an e-mail which confirms the receipt of your order and which lists the details. This order confirmation is not an acceptance of your offer, it merely informs you that we have received your order. A purchase contract only materialises with the shipment of the dispatch confirmation or the delivery of the products.
By placing your order, you are also confirming that you are at least 18 years old.
5. Shipment, Delivery and Payment
FSim S.A.S offer a world-wide delivery, to the delivery address given by the customer. The delivery and payment conditions will be pointed out in more detail in the product description. There is no minimum order amount. We reserve the right to make a partial delivery in so far as this appears to be advantageous for speedy handling and in so far as this is reasonable for you. You will have no additional shipping costs. Special forms of shipment which are requested by our customers will be billed with the customary additional fees.
Bigger orders are often delivered in several parcels which can or not be delivered at the same time.
Payment is due immediately after the binding order.
6. Delivery Times
Goods which are in the warehouse (we are not liable for transportation problems) will be shipped within 5 up to 7 working days after receipt of payment. If the goods are not available when the order is made, we will strive for delivery as soon as possible. In case the failure to comply with a delivery or service deadline can be traced back to an act of god, industrial conflict, problems on a side of our suppliers, unforeseen complication or other condition for which we are not at fault, the deadline will be extended accordingly. If the delivery is not possible due to the inability of the manufacturer or our suppliers, both we and the customer can cancel the contract if the agreed upon shipment date exceeds more than 2 months. Claims for damages due to default or inability or failure to fulfill obligations, even those which arose by the withdrawal from the contract, are excluded.
Same rules will apply on custom and web-shop orders.
7. Revocation Rights & Revocation Form : Statutory Right of Withdrawal
If the customer is a consumer, he/she shall be entitled to withdraw from this Contract within seven (7) calendar days from the date of order placement without giving any reason for doing so. In order to exercise the statutory right of withdrawal, the customer must notify us:
9 rue Georges Bernard
26100 Romans sur Isère , France
Of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by email or phone call).
Consequences of withdrawal
If the customer withdraws from this Contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund.
8. Passing of the Risk
With shipment of the goods, the risk is held by FSim S.A.S until delivery is complete. With returns, the sender carries the risk, in particular, the transport risk, until the goods have been received by Sim-Lab products as well as the transport costs.
FSim S.A.S guarantee that the purchased goods were free of material and manufacturing flaws at the time of the transfer of the goods and that they have the guaranteed quality set down in the contract. Aluminium profiles and metallic parts are of industrial quality, so minor scratches and bruise marks can exist.
Upon receipt, the customer must inspect the goods immediately for flaws, condition and quality. In the case of apparent flaws, these must be reported to us in writing within 5 days after their discovery, the same is valid for latent defects. Otherwise, the guarantee for these defects does not apply.
The guarantee is for 24 months after shipment.
The article being complained about must be sent in together with a copy of the delivery receipt and an exact description of the error with suitable outer packaging and sufficient postage paid.
The guarantee does not cover normal wear and tear, and misuse, improperly installed or improperly tightened screws are not covered by the warranty.
The guarantee expires if the customer changes the goods delivered. With defects which are the fault of the buyer because of improper handling, the buyer is committed to carry all resulting subsequent improvement and transport costs.
10. Reservation of Title
FSim S.A.S reserves the title to delivered goods and services until the complete payment of all demands which have resulted or will result on part of the buyer from the business relationship, no matter what kind and on which legal grounds.
11. Storage of Data
All the Personal information will be treated confidentially. The person making the order explicitly agrees with this raising, processing and use of personal information.
We do not give your personal data including your house address and e-mail address to third parties without your explicit consent which can be revoked at any time.
The exception to this is our service partners which need the data for handling the order (e.g. the shipping company which has been assigned to the shipment and the credit institution which the handling of payment has been assigned to). In these cases, the scope of the transmitted data is limited to the necessary minimum.
12. Place of Execution and Legal Venue
The place of execution and legal venue for both parties is the location of FSim S.A.S with commercial customers.
The place of execution and legal venue for both parties is the location of the customer with private customers (if customer resides on the territory of France). In so far as the person making the order resides outside France, the exclusive legal venue is the location of FSim S.A.S. French civil codex and laws exclusively always applies.
13. Limitation of Liability
To the fullest extent permitted by applicable law, neither FSim S.A.S or any of their respective directors, employees, affiliates or other representatives shall be held liable for any loss or any damages resulting from the use of, or the inability to use, the web site, the materials and/or the documents or services offered on the web site, including but not limited to any indirect loss or damages, any loss of data, income, profit, opportunity, any loss or damages with respect to property and any claims by third parties, even if FSim S.A.S has been advised of the possibility of this type of loss or damages and/or if this type of loss or damages was reasonably foreseeable.
In no event shall FSim S.A.S's total liability to you for all damages, all losses and claims, whether set out in the contract or not, as well as for all harm (including, but not limited to, in the event of negligence), or otherwise, exceed the amount paid by you, if any, for accessing this web site.
13. Severability Clause
If one of these regulations should be ineffective or challengeable, the effectiveness of the other regulations remains unaffected. In place of the ineffective clause, a legally admissible regulation will take its place which efficiently is closest to it.
The use of this website is at the user’s own peril and risk. We neither accept liability for constant availability nor for the published contributions, offers and services with regard to accuracy, completeness and functionality. The guarantee is in accordance with the statutory provisions. Any liability for damage arising directly or indirectly from the use of this website is excluded. This website and the services associated with it are operated with the greatest possible care, reliability and availability. However, for technical reasons, it is not possible for these services to be constantly accessible, for the desired connections to always be successfully established or for the stored data to be retained in all circumstances. Therefore, constant availability cannot be guaranteed. IP connectivity to other network operators occurs to the extent possible. Any liability for problems attributable to the networks of third parties is excluded. The use of other networks is subject to the conditions of use of the relevant operators.
In the event of force majeure, strikes, and restrictions to the services of other network operators or in the event of repair and maintenance work, network operators or in the event of repair and maintenance work, restrictions or disruptions may occur, whereas FSim S.A.S accepts no liability for such failures.