ARTICLE 1 – SELLER’S DETAILS
These are the General Terms and Conditions of Sale for the website www.fusalp.com, under French law, which is edited and exploited by the society Créations Fusalp SA, registered on the Annecy RCS (companies register) under number 330 792 987 with its head office at 114, Avenue de France - BP 840 - 74016 Annecy Cedex - France, whose its telephone number is +33 (0)4.50.23.88.88 and whose individual VAT identification number is FR 06 330 792 987.
ARTICLE 2 / APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale apply to all sales made on the website https://www.fusalp.com/ .
They do not apply to in-store sales or sales through other marketing channels.
These General Terms and Conditions of Sale (referred to from now on as “General Terms and Conditions of Sale”) set out all the parties’ obligations. The Buyer is therefore deemed to fully accept all the provisions of these General Terms and Conditions of Sale. They will take precedence over any other document.
CREATIONS FUSALP (referred to from now on as “FUSALP” or the “Seller”) and the Buyer agree that these General Terms and Conditions of Sale will govern their relationship.
The Seller reserves the right to amend the General Terms and Conditions of Sale from time to time and they will take effect as soon as they are published online. Should a selling condition not be complied with, it will be deemed to be governed by the current practices in the distance selling sector.
The purpose of these General Terms and Conditions of Sale is to set out the rights and obligations of the Parties in the context of online sales of FUSALP products offered by the Seller through the Site. The Buyer confirms that they have read and accepted the General Terms and Conditions of Sale when placing the order. The General Terms and Conditions of Sale are enforceable against the Buyer in accordance with the terms of Article 1119 of the French Civil Code.
ARTICLE 3 / PRODUCTS
The product ranges offered from the website www.fusalp.com are governed by the present terms and conditions of sale. They are valid as long as they remain online while stocks last.
FUSALP undertakes to provide indicative information, text and photographs associated with the products, the most consistent possible. However, there may sometimes be minor differences with the final product. If the product received is not the product ordered by the customer (model, size, color or reference), he has a period of 14 days after reception to make the return request from customer service: by e-mail to eshop@fusalp.com or directly by his customer account.
All FUSALP products are exclusively sold on the website www.fusalp.com, in our FUSALP stores and our official retailers. These articles are authentic and match the quality criteria of FUSALP.
Before any online purchase, we advise you to make sure of the reliability of the website on which you are, or to contact us here.
In case of doubt about a product purchased outside the www.fusalp.com website or the network of stores and retailers, you can contact the customer service, sending a photo of the product, as well as the link of the website where you bought the product.
ARTICLE 4 / ORDERING
All orders placed on the website www.fusalp.com imply implicit acceptance of the present General Terms and Conditions of Sale and imply acceptance of the prices and products available for sale.
ORDER PROCESS
To place an order, the buyer must follow the procedure below:
1- Choice of product: Choose the product you want to order.
2- Confirmation of the contents of the selection: Check the contents of your basket and have the possibility of removing any of the products selected.
3- Identification: the Buyer can create an account by filling in the identification form provided and providing the information requested (mandatory information, surname, first name, address, e-mail, password and telephone number for delivery). However, the Buyer is not required to create an account to place an order on the Site and may proceed in guest mode if need be.
4- Verification and confirmation of the order: the Buyer checks the content of the order, the total price, the delivery address and the billing address while retaining the right to remove a Product or amend the billing and delivery address. The Buyer confirms their delivery and payment methods.
By placing an order, the Buyer confirms their acceptance of these General Terms and Conditions of Sale. After confirming payment, the Buyer may no longer amend and/or cancel their order.
5 - Acknowledgment of receipt of the order: the Buyer receives an e-mail summarizing the contents of their order, i.e.:
− the delivery and billing addresses
− the order number
− the order date
− the list of Products ordered and their quantities
− the delivery method and terms (address provided by the Buyer).
The Buyer is advised to keep and print this document as official proof of their order. The order is then recorded and processed by FUSALP, which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
FUSALP undertakes to fulfil orders received via its website subject to stock availability.
In the event a product ordered is unavailable, our customer services department will contact the Buyer by telephone or email as soon as possible to discuss how to proceed with your order: shipment of available product(s) within a new approximate delivery time or cancellation and refund of the order.
The refund will be made within a maximum of fourteen (14) days.
6- Confirmation of shipment of your order: The Buyer will receive an email summarizing the contents of your order and confirming that your order has been sent. The contract is considered to have been fulfilled on the date this email is sent.
MONITORING OF YOUR ORDER
To track an order, the Buyer may refer to the order tracking page in their customer account, the FAQ pages or ask a question to our . The Buyer may also contact FUSALP (referred to from now on as “Customer Services”) :
- By phone : +33 4 85 21 31 78
- By email : eshop@fusalp.com
ARTICLE 5 / PRICE AND PAYMENT METHODS
Prices charged are those in force on the day of ordering.
Depending on the delivery country selected, prices may be displayed as follows:
- All taxes included, considering the VAT applicable on the day of the order. Any change in the applicable VAT rate will be automatically passed on.
- Excluding taxes, with taxes and customs duties to be paid when placing the order.
- Excluding taxes, with taxes and customs already included in the final price of the product.
There will always be a message when placing the order to inform the Buyer about any specific information relevant to their order and the applicable terms and conditions.
Furthermore, prices do not include delivery charges, which are invoiced separately and stated before the order is confirmed.
The full price must be paid when the order is placed. At no time may the amounts paid be considered as deposits or advance payments.
If one or more taxes or contributions, particularly environmental taxes or contributions, were to be created or amended, resulting in either increases or decreases, this change may be reflected in the sale price of the Products.
FUSALP reserves the right to modify its prices at any time but products are invoiced on the basis of prices in force at the time the customer confirms the order.
The invoice is generated by the website www.fusalp.com and can be downloaded in PDF format directly from the customer account section.
PAYMENT METHODS
Buyers pay for their orders online using the available payment methods for their country of delivery.
In the event of payment by credit/debit card, all information (e.g., credit/debit card number or expiration date) will be transferred via an encrypted protocol to the payment service provider(s) providing the remote electronic payment services, which the Seller, under no circumstances, can access. This information is used solely for procedures related to the processing and payment of the order, to issue refunds in the event that Products are returned (right of withdrawal) by the Buyer, or in the case of fraud on the Website which must be reported to the competent authorities.
The amount of the order will only be charged once the Seller has sent the Order Confirmation to the Buyer. If, for any reason whatsoever, the payment fails, the Seller will cancel the order without being held liable for such a cancellation. In such an event, the Seller will immediately inform the Buyer by email.
Any charges applied by the credit card provider, bank, or other payment institution in connection with the processing of the payment of the order are the sole responsibility of the Buyer.
ANTI-FRAUD CHECKS
In order to ensure the security of transactions and respond to the general need to prevent fraud in relation to e-commerce, FUSALP might carries out checks on orders which have been placed via its sales www.fusalp.com website.
These checks aim to protect the online Fusalp store from abusive practices in relation to remote payments.
As part of these inspection procedures, FUSALP may request you to send documents required to unfreeze your order: proof of ID, residence, payments in the name of the Buyer, etc.
These requests will be made by email or by phone. If no proof is received or the documents sent do not make it possible to check the Buyer’s identity and his correct address, FUSALP will be obliged to cancel the order to guarantee the security of online transactions.
ARTICLE 6 / DELIVERY PROCEDURE
SHIPPING COST
Shipping costs depends on the country of delivery. They will be specified to the Buyer when confirming the order.
Here is the current fusalp.com price list, which is subject to change:
|
DELIVERY AREAS |
IN-STORE PICKUP |
FREE THRESHOLD |
COLLECTION POINT DELIVERY |
STANDARD HOME DELIVERY |
EXPRESS HOME DELIVERY |
|
France |
Free |
x |
Free (Colissimo) |
Free (Colissimo) |
7.00 EUR (Chronopost) |
|
United States |
Free |
400 USD |
|
|
9.90 USD (DHL) |
|
United Kingdom |
Free |
300GBP |
|
9.90 GBP (DHL) |
|
|
Germany |
x |
250 EUR |
|
9.90 EUR (DHL) |
|
|
Belgium |
Free |
250 EUR |
|
9.90 EUR (DHL) |
|
|
Spain |
Free |
250 EUR |
|
9.90 EUR (DHL) |
|
|
Netherlands |
x |
250 EUR |
|
9.90 EUR (DHL) |
|
|
Switzerland |
Free |
350 CHF |
|
9.90 CHF (DHL) |
|
|
Sweden |
Free |
2900 SEK |
|
120 SEK (DHL) |
|
|
Norway |
Free |
2900 NOK |
|
115 NOK (DHL) |
|
|
Australia |
x |
500 AUD |
|
17 AUD (DHL) |
|
|
Korea (South) |
x |
430 000 KRW |
|
15 000 KRW (DHL) |
|
|
Rest Of Europe |
x |
250 EUR |
|
9.90 EUR* (DHL) |
|
|
Rest Of the World |
x |
250 EUR |
|
10 EUR* (DHL) |
*Prices subject to exchange rate
For international orders, the taxes and duties detail is available in the checkout.
For any question regarding international orders please click here
DELIVERY TIME
For all products, the order is prepared for a departure from our warehouse within a maximum of 48 hours from confirmation of the Buyer’s order by email (subject to availability of stock).
The average time between placing an order and delivery is 2 to 3 working days in Metropolitan France and 3 to 6 days for other destinations.
It is an average time noted. The fact that this time is exceeded shall not justify any cancellation of the order, any reduction in the price paid by the Buyer, nor any payment of compensation.
However, and in accordance with the terms of article L.121-20-3 of the French Consumer Code, if delivery has not been made within 30 days of the day after the Buyer placed the order, the Buyer will be able to cancel his order without charge. The sums he has paid will be refunded.
As far as possible, the Seller reserves the right to offer you a product of an equivalent quality and price to the initial product.
In the event the address is incomplete, incorrect, the parcel is refused by the recipient or there is insufficient information, making it impossible to deliver the product to the recipient in good time, FUSALP may not be held liable for the final quality of this delivery.
If this lack of information requires a second delivery to the recipient, FUSALP shall be entitled to request the costs incurred for this second delivery.
In the event the recipient is absent, FUSALP may not be held liable for the final quality of this delivery.
Any complaint concerning the delivery of products must be made within 30 working days following the delivery date. Products must be returned in their original state (packaging, accessories, etc.) to the address provided in article 11.
ARTICLE 7 / RIGHT OF RETRACTATION
In accordance with articles L. 121-16 of the French Consumer Code, the Buyer has fourteen (14) days from the delivery date of the order to notify, with no reasons, that he/she intends to return the product.
For all returns the Buyer must make a request via his customer account or by contacting Fusalp’s at eshop@fusalp.com.
Any parcels returned after the maximum stated period shall be refused or sent back to the sender.
For the Customer Services Department to accept the refund, the product must be sent back complete in its original packaging, neither damaged nor marked, along with all its accessories and with its label attached to Créations Fusalp SA - 114, Avenue de France - 74000 Annecy – France.
Damaged, soiled or incomplete Products or Products identified as counterfeit will not be taken back.
The refund will be made by FUSALP within fourteen (14) days of receipt of the returned Products.
No returns or exchanges are available in stores in France or internationally.
ARTICLE 8 / WARRANTY AND AFTER-SALES SERVICE
The products sold on www.fusalp.com enjoy the legal guarantee of conformity (L.211-4 to L.211-14 of the Consumer Code) and the warranty against hidden defects (articles 1641 to 1649 of the Civil Code). Throughout the warranty period, the Buyer can submit an after-sales service request at the following email address: Fusalp-korea@fusalp.com
Under this warranty Fusalp will support the necessary repairs or replacement of the product.
This warranty does not cover damages resulting from incorrect use of the product or normal wear and tear due to use.
To benefit from a product's warranty, it is strictly necessary to keep the product's purchase invoice and delivery slip.
Product and after-sales service returns should be sent to the after-sales service department whose address is provided in article 11.
Fusalp guarantees its products against any defects in materials or manufacturing for a period of 2 years, from the date of purchase by the consumer.
Fusalp also offers a paid repair service for all products no longer covered by warranty.
For any questions regarding product warranty or repair service, the Buyer can contact
"Satisfied or your money back" guaranty:
We comply with the "satisfied or your money back" commitment contained in FEVAD's (French federation of distance selling companies) quality charter.
South Korea only : After-Sales Service fees will be charged to customers.
ARTICLE 9 / PERSONAL DATA
When the Buyer registers with the Site, FUSALP collects personal data (personal information, e-mail address) through the registration form to provide to the Buyer with services in fusalp.com’s reserved access areas and to e-mail the Buyer our Newsletter, when specifically requested.
It is vital for the processing and delivery of your order that you supply personal information.
The order process on the Site may require the Buyer to create an account in which the Buyer’s information is stored and protected by a password chosen by the Buyer.
The Buyer personal data is processed by FUSALP to manage and enhance his customer experience, for statistics and surveys, and if the Buyer consents, to provide him information on FUSALP products, services and events.
The Buyer’s datas are processed with strict adherence to the provisions of the "French Data Protection Law" n°78-17 of 6th January, 1978. In accordance with this law, the processing of personal data collected via the www.fusalp.com website has been notified to the French National Data Protection Commission (CNIL), registered on 16-07-2007 under number 1244236.
The Buyer has a right to access, rectify, erase, restrict or object to the processing of his data. The Buyer can also request a copy of his data to exercisehis right to data portability.
To exercise this right, the Buyer can visit the "My Account" area, log in and access his personal data to correct or modify it.
The Buyer can also ask the to do this by email to: eshop@fusalp.com or by letter to the following address: Créations Fusalp –114 avenue de France - 74000 Annecy - France.
At the time the account is created on the website, www.fusalp.com also gives the opportunity to the Buyer to receive the newsletter by email, containing information about exclusive offers, special promotions, news and competitions organized by FUSALP.
The Buyer can decide to stop receiving the newsletter at any time by unsubscribing using the unsubscribe link included at the bottom of the email.
ARTICLE 10 / INTELLECTUAL PROPERTY
All documents, text, graphics, images, photographs or any other content published on the www.fusalp.com website are the exclusive property of Créations Fusalp SA. They may not therefore be reproduced, nor used for commercial or any other purposes, in any way whatsoever, except with permission of the publication director.
ARTICLE 11 / CUSTOMER AND AFTER-SALES DEPARTEMENT
You can contact the by email or telephone for any question relating to your order, its shipment or order monitoring or any questions relating to products and promotional offers:
Monday to Thursday from 9am to midday and 1.30pm to 5.00pm except for Fridays from 9am to midday and 1.30pm to 4.30pm, Paris time.
Customer service:
- By phone : +33 4 85 21 31 78
- By email : eshop@fusalp.com
- By post: Créations Fusalp SA -114, Avenue de France - 74000 Annecy – France
For Korea Only, After-Sales can be contacted at the following email address : Fusalp-korea@fusalp.com
ARTICLE 12 / LIABILITY
www.fusalp.com's liability shall not be incurred for any events, inconveniences or damages inherent to use of the internet, particularly in the event of interruption to service, external intrusion or the presence of computer viruses.
Moreover, www.fusalp.com cannot be held responsible for the improper performance of the contract if he proves that the fault is due to the consumer, to a third party in the contract or in a case of force majeure.
FUSALP shall not incur any liability for indirect damages resulting from the present general terms and conditions of sale, business interruption, loss of profits, damages or costs, which may occur.
ARTICLE 13 / APPLICABLE LAW - DISPUTES
The FUSALP website is run by a company under French law. The applicable law of our contractual relations is French law. In the event of a dispute, French jurisdiction shall be competent.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, we have appointed the Paris Mediation and Arbitration Centre (CMAP) as Consumer Mediator.
After a written complaint addressed to the Client Services by sending an email to eshop@fusalp.com, you may refer the matter to the CMAP:
- via the form available on the CMAP website at www.cmap.fr/consommateurs, or
- by mail to CMAP - Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt - 75008 PARIS.
A dispute cannot be examined by the consumer mediator if:
a) the consumer does not provide evidence of having first attempted to resolve the dispute directly with our Company’s Client Service department by means of a written complaint;
b) the request is unfounded or abusive;
c) the dispute is already being examined or is currently under examination by another mediator or a Court;
d) the consumer submitted their request to the mediator more than one year after their written complaint to the Client Service department of our Company;
e) the dispute does not fall within the scope of the consumer mediator.
The consumer is informed by the mediator, within three weeks of receiving the file, of the rejection of their mediation request.
Whatever the means used to refer the matter to the CMAP, your request must contain the following elements in order to be dealt with quickly: your postal and telephone details and your e-mail address as well as the name and address of the establishment concerned, a brief statement of the facts, and proof of prior contact with the establishment concerned.
