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General Terms and Conditions of Sale – Professionals

www.fun2access.com

  • FUN 2 ACCESS
    2 Rue Jacques Brel - 44800 Saint-Herblain - FRANCE
    SIRET: 943 234 450 00014 – RCS: 793 376 716
    Email: seb.ragon@fun2access.com
    Phone: +1-201-321-8506
    Represented by: Sébastien RAGON

  • In accordance with Article L 441-1 of the French Commercial Code, these General Terms and Conditions of Sale constitute the sole basis of the business relationship between the parties.

    Their purpose is to define the conditions under which FUN2ACCESS (hereinafter the "Seller") supplies professional Buyers (hereinafter the "Buyers" or the "Buyer") who request them, via the Seller's website www.fun2access.com, through direct contact, or via paper format, with the following products: accessibility matting, all-terrain wheelchairs, and equipment related to outdoor accessibility (hereinafter the "Products").

    They apply without restriction or reservation to all sales concluded by the Seller with Buyers of the same category, regardless of any clauses that may appear in the Buyer's documents, and in particular its own general terms and conditions of purchase.

    The Buyer declares having read these General Terms and Conditions of Sale and having accepted them prior to placing their order. Validation of the order by the Buyer constitutes unrestricted and unreserved acceptance of these General Terms and Conditions of Sale.

    As these General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Buyer's purchase is the one in effect on the website on the date the order is placed.

  • The main characteristics of the Products, including specifications, illustrations, and dimension or capacity indications, are presented on the Website.

    The Buyer is required to review these before placing any order.

    The choice and purchase of a Product are the sole responsibility of the Buyer.

    The photographs and graphics presented on the website are not contractually binding and shall not engage the Seller's liability.

  • The products are supplied at the Seller's rates in effect on the day the order is placed, and, where applicable, as set out in the specific commercial proposal sent to the Buyer. These rates are firm and non-revisable during their period of validity.

    These prices are net and exclusive of tax, ex-works, with packaging additional. They do not include transport, any customs duties, or insurance, which remain the Buyer's responsibility.

    Special pricing terms may apply depending on the Buyer's specific requirements, particularly regarding delivery methods and timeframes, or payment terms and conditions. In such cases, a specific commercial offer will be sent to the Buyer by the Seller.

  • Sales are only finalized after the Buyer's order has been expressly accepted in writing by the Seller, who will in particular verify the availability of the requested products.

    The Seller provides electronic ordering methods (including acceptance and confirmation, via the website references) allowing the Buyer to order products quickly and efficiently.

    For orders placed exclusively online, an order is registered on the Seller's website once the Buyer accepts these General Terms and Conditions of Sale by checking the box provided for that purpose and validates their order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.

    Acknowledgment and acceptance of the order are confirmed by the sending of an email. The data recorded in the Seller's IT system constitutes proof of all transactions concluded with the Buyer.

    The Seller reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to payment of a previous order.

    Once confirmed and accepted by the Seller, the order may not be modified or cancelled, except in the event of force majeure.

  • The price is payable in cash, in full, on the day the order is placed by the Buyer.

    In the event of late payment or delay in remitting the sums due by the Buyer beyond the period set above, and after the payment date shown on the invoice sent to the Buyer, late payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points, shall automatically and by operation of law become due to the Seller, without any formality or prior notice.

    The Seller reserves ownership of the products sold until full payment of the price by the Buyer, allowing the Seller to repossess the said products. Any deposit paid by the Buyer shall remain the property of the Seller as a fixed indemnity, without prejudice to any other action the Seller may be entitled to bring against the Buyer as a result.

    Conversely, the risk of loss and deterioration shall transfer to the Buyer upon delivery of the ordered products.

  • Products purchased by the Buyer will be delivered within a maximum period of 15 days from the date the order is placed and payment is received.

    This period is indicative and not binding, and the Seller may not be held liable to the Buyer in the event of a delivery delay not exceeding sixty days.

    In the event of a delay exceeding sixty days, the Buyer may request the cancellation of the sale.

    The Seller's liability may not be invoked under any circumstances in the event of a delay or suspension of delivery attributable to the Buyer, or in the event of force majeure.

    Delivery will be made at the delivery location specified by the Buyer, through direct handover of the Products to the Buyer.

    In the event of specific requests by the Buyer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice.

    The Buyer is required to check the apparent condition of the products upon delivery. In the absence of objections expressly raised by the Buyer at the time of delivery, the Products delivered by the Seller will be deemed compliant in quantity and quality with the order.

    The Buyer shall have a period of 3 days from delivery and receipt of the ordered products to raise such objections in writing with the Seller.

    No claim may be validly accepted if the Buyer fails to comply with these formalities.

    The Seller will replace, as soon as possible and at its own expense, any delivered Products whose non-conformity has been duly proven by the Buyer.

  • The transfer of ownership of the Products to the Buyer shall only take place after full payment of the price by the Buyer, regardless of the date of delivery of the said Products.

  • The transfer to the Buyer of the risks of loss and deterioration of the products shall only take place after full payment of the price by the Buyer, independently of the transfer of ownership, and regardless of the date of the order or delivery of the products.

  • The Seller is liable for hidden defects under the legal warranty against hidden defects arising from a defect in material, design, or manufacturing affecting the delivered products and rendering them unfit for use.

    The Buyer may decide to invoke the warranty against hidden defects of the Products in accordance with Article 1641 of the French Civil Code. In this case, the Buyer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

    Exclusion of the warranty against hidden defects:
    The Buyer is informed that the warranty against hidden defects is excluded and that the Seller's liability may not be invoked on this basis if the Buyer is a professional in the same field of expertise as the Seller.

  • The Seller's liability may not be invoked in the following cases:

    • use of the Product under conditions not consistent with its intended purpose or the user manual

    • dropping

    • negligence

    • failure by the Buyer to properly maintain the Product

    • normal wear and tear of the Product

    • accident

    • force majeure

    The Seller may not be held liable for indirect or intangible damages resulting from the use of the products sold.

  • The Seller retains all industrial and intellectual property rights relating to the Products, photos, and technical documentation, which may not be disclosed or reproduced without its prior written authorization.

  • Personal data collected from Buyers is subject to computerized processing carried out by the Seller. It is recorded in the Seller's Customer file and is necessary for processing the Buyer's order. This information and personal data is also retained for security purposes, in order to comply with legal and regulatory obligations. It will be retained for as long as necessary for the fulfillment of orders and any applicable warranties.

    The data controller is the Seller. Access to personal data will be strictly limited to employees of the data controller who are authorized to process it due to their duties. The information collected may be communicated to third parties contractually linked to the company for the performance of outsourced tasks, without requiring the Buyer's authorization.

    In carrying out their services, third parties have only limited access to the data and are required to use it in accordance with the provisions of applicable data protection legislation. Outside of the cases stated above, the Seller shall not sell, rent, transfer, or grant third parties access to the data without the Buyer's prior consent, unless legally compelled to do so for a legitimate reason.

    In accordance with applicable regulations, the Buyer has the right to access, rectify, erase, and port data concerning them, as well as the right to object to processing for legitimate reasons — rights which may be exercised by contacting the data controller.

    This right may be exercised under the conditions and in the manner specified in the Privacy Policy available on the website.

  • The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.

    By express agreement, exceptional health or climate-related events beyond the control of the Parties shall constitute a case of force majeure.

  • These General Terms and Conditions of Sale, and any resulting transactions, are governed by French law.

    They are drafted in French. In the event they are translated into one or several languages, only the French text shall prevail in case of dispute.

  • These General Terms and Conditions of Sale are expressly approved and accepted by the Buyer, who declares and acknowledges having full knowledge of them, and thereby waives the right to invoke any contradictory document, and in particular, its own general terms and conditions of purchase.

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