CGV - Franck's Model Workshop

General terms and conditions of sale

Preamble

These general terms and conditions of sale apply to all sales concluded on the Franck's Model Workshop website.

The https://www.francksmodelworkshop.com website is a service of :

The one-man business: Franck's Model Workshop

Registration number: 907963433RM59

Siret number: 907963433 00012

Intracommunity VAT number: FR40907963433

EORI number: FR90796343300012

NAF Code: 3240Z

located at: 28 Domaine d'Athéas 62223 ATHIES, FRANCE

URL address of the site: https://www.francksmodelworkshop.com

e-mail : info@francksmodelworkshop.com

The Franck's Model Workshop website sells the following products: Premium narrow gauge model railways and assembling, painting and weathering services.

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order.

Validation of the order therefore implies acceptance of the general terms and conditions of sale.

Article 1 - Scope of application

These general terms and conditions express the entirety of the obligations of the parties. The buyer is therefore deemed to accept them without reservation.

Les présentes conditions générales de vente s’appliquent à l’exclusion de toutes autres conditions, et notamment celles applicables pour les ventes en magasin ou au moyen d’autres circuits de distribution et de commercialisation.

They are accessible on the Franck's Model Workshop website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and/or the service provider and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time.

They will apply as soon as they are published online.

If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

These general terms and conditions of sale are valid until 31 December 2024.

Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the seller to the buyer from the Franck's Model Workshop website.

The present conditions concern purchases made on the Franck's Model Workshop website and delivered in France, Corsica, French overseas departments and territories, the European Union, or worldwide, a message should be sent to the following e-mail address: info@francksmodelworkshop.com.

These purchases relate to sales of premium narrow gauge model railway products, as well as services for the assembling, painting and weathering of narrow gauge model railways.

Article 3 - Precontractual information

Prior to placing an order and entering into a contract, the buyer acknowledges having been informed, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.

The buyer will be provided with the following information in a clear and comprehensible manner:

- the essential characteristics of the good or service ;

- the price of the good or service and/or the method of calculating the price ;

- Where applicable, any additional transport, delivery or postage costs and any other charges payable;

- The date on which, or the period within which, the seller undertakes to deliver the goods or provide the service

- In the absence of immediate performance of the contract, the date or time by which the seller undertakes to deliver the good or service, whatever its price;

- Information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence of guarantees and the terms and conditions for implementing them, and other contractual conditions.

Article 4 - The order

The buyer may place an order for any product from the online catalogue using the contact form provided therein, subject to availability of goods and services.

The buyer will be informed of any unavailability of the product or service ordered.

For the order to be validated, the buyer must accept these terms and conditions.

They will also have to choose the delivery address and method, and finally validate the payment method.

The sale will be considered definitive:

- after the seller or service provider has sent the buyer confirmation of acceptance of the order by e-mail (validated quotation or invoice);

- and once the full price has been received by the seller or the service provider.

Any order implies acceptance of the prices and descriptions of the products or services available for sale.

Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or other problem with the buyer, the seller or service provider reserves the right to block the buyer's order until the problem has been resolved.

For any questions relating to the tracking of an order, the buyer may send an e-mail to the seller or the service provider at the following e-mail address: info@francksmodelworkshop.com

And on the following days and times: Monday to Friday, 8am to 6pm.

The buyer has a right of withdrawal of 14 days from the date of conclusion of the contract, except as provided for in article L.211-28 of the French Consumer Code.

Article 5 - Quotations

For services for which an estimate has been drawn up in advance, the sale will not be considered final:

- only after a quotation has been drawn up by the service provider and sent to the purchaser

- acceptance of the quotation by the buyer with return of the duly signed quotation by e-mail

- confirmation of acceptance of the order by the service provider

- invoicing by the service provider

- payment of the invoice by the buyer

Estimates drawn up by the service provider are valid for 15 days.

Article 6 - Electronic signature

Not applicable.

Article 7 - Order confirmation

The seller or service provider will provide the buyer with an order confirmation by e-mail.

Article 8 - Proof of transaction

Computerised registers, kept in the computer systems of the seller or the service provider under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 9 - Information on products and services

The products and services governed by these general terms and conditions are those which appear on the seller's or service provider's website and which are indicated as being sold, dispatched or provided by the seller or service provider. They are offered within the limits of available stocks for products and within the limits of the service provider's availability for services.

The products and services are described and presented as accurately as possible. However, the seller cannot be held liable for any errors or omissions in this presentation.

Photographs of products or illustrating services are not contractually binding.

Article 10 - Price

The prices are firm and definitive.

Sauf conditions particulières expresses propres à la vente, les prix des biens ou des prestations de services effectuées sont ceux figurant dans le catalogue des prix en ligne au jour de la commande.

The seller or service provider reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.

Prices are given in euros.

They do not include delivery charges, which are invoiced in addition and indicated before the order is validated.

The prices shown on the site are net of VAT, which is not applicable in accordance with article 293 B of the French General Tax Code.

Any change in the applicable VAT rate will automatically be reflected in the price of online products.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.

Article 11 - Payment method

This is an order with a payment obligation, which means that placing the order implies payment by the buyer.

Unless otherwise expressly stipulated in these terms and conditions, payment of the price must be made in cash when the order is placed, whether for goods or services.

No order will be accepted unless full payment has been received by this date.

Payments made by the buyer will not be considered final until the seller or the service provider has actually received the sums due.

An invoice will be sent to the buyer.

To pay for an order, the buyer may choose from all the methods of payment made available by the seller or the service provider.

The buyer guarantees the seller or service provider that he has the necessary authorisations to use the method of payment chosen by him when validating the order form.

The seller or the service provider reserves the right to suspend all order processing and deliveries in the event of refusal to authorise payment by officially accredited bodies or in the event of non-payment.

In particular, the seller or service provider reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.

The price must be paid in full on the day the order is placed, in accordance with the following terms and conditions:

- Bank transfer IBAN preferred

Our bank details will be specified in the order confirmation e-mail and/or on the invoice or quotation.

- Paypal

The e-mail address for making the transfer will be specified in the order confirmation e-mail and/or quotation.

Article 12 - Delivery charges

Delivery costs are fixed. Delivery charges are those in force at the French Post Office on the day the order is transmitted.

Prices are calculated according to weight, volume and geographical area of destination.

The flat rate charged includes postage and packaging costs.

Delivery costs are communicated to the buyer by e-mail before the order is validated.

12-1 Shipments within France, Corsica and the EU

No customs formalities are required when sending goods to any of the 26 member countries of the European Union.

For all orders under €50, postage is charged by La Poste.

All orders over €50 are shipped exclusively with insurance and against signature.

12-2 Shipments to French overseas departments and territories or outside the EU

When sending goods to the rest of the world (including Switzerland), specific customs formalities must be completed, depending on the value of the shipment:

- For non-commercial shipments (samples, returns, etc.) with a value of less than €380: a CN 22 form will be affixed to the shipment in triplicate, together with a pro-forma invoice in duplicate.

- For commercial consignments worth less than €380: a CN 23 form will be affixed to the consignment in triplicate, together with a commercial invoice in duplicate.

- For non-commercial consignments valued at more than €380 and less than €1,000: a CN 23 form will be affixed to the consignment in triplicate, together with a pro-forma invoice in duplicate.

- For a commercial shipment with a value of more than €380 and less than €1,000: a CN 23 form will be affixed to the shipment in triplicate, together with a commercial invoice in duplicate.

For all orders under €50, postage is charged by La Poste.

All orders over €50 are shipped exclusively with insurance and against signature.

For all shipments outside the EU, the buyer does not have to pay French VAT. Our prices are net of VAT, as VAT is not applicable in accordance with article 293 B of the French General Tax Code.

The buyer, as the importer, remains responsible for paying any customs duties, taxes and administrative costs of customs clearance imposed on the arrival of the parcel.

Article 12 - Availability of products, performance of services - Delivery times - Refunds - Termination of contract

Except in cases of force majeure or during periods when the online site is closed, which will be clearly announced on the site's home page, delivery times will be as indicated below, while stocks last.

Except in the case of special conditions specific to the sale, the service will be carried out within 3 months of receipt by the service provider of an order in good and due form and its payment.

Shipping times run from the order registration date indicated on the order confirmation email.

Shipping times are given as an indication only and are not guaranteed. Our parcels are transported by the Post Office and the delivery time depends on the Post Office.

Whatever the destination, France, Corsica, French Overseas Departments and Territories, the European Union or the rest of the world, products are sent by post to the address indicated when the order was placed. The shipping time includes the time taken to validate the order, prepare the shipment and the time taken by the postal services, including customs clearance for shipments outside the EU.

For deliveries in mainland France and Corsica, the normal shipping time is 2 to 5 working days, depending on the delivery method chosen by the buyer, from the day following that on which the buyer placed his/her order.

For international deliveries (DOM-TOM, European Union, or worldwide), an average shipping time of 7 to 10 working days may be necessary, or even longer depending on the destination country.

At the latest, the deadline will be 30 working days after conclusion of the contract.

For deliveries to French Overseas Departments and Territories, the European Union or the rest of the world, shipping methods will be specified to the buyer on a case-by-case basis.

If the agreed delivery date or deadline is not met, the purchaser must, before terminating the contract, require the seller to perform within a reasonable additional period.

If no performance has been made by the end of this new period, the buyer is free to terminate the contract.

In the event that the seller or the service provider fails to fulfil its obligation to perform on the date or upon expiry of the time periods stipulated above (goods or services), or, failing this, no later than 30 days after conclusion of the contract, the purchaser may cancel the contract, under the conditions set out in articles L. 216-2 and L. 216-3 and L. 216-4 of the French Consumer Code, by registered letter with acknowledgement of receipt or in writing on another durable medium.

The contract shall be deemed to have been terminated on receipt by the seller or service provider of the letter or writing informing it of such termination, unless the professional has performed in the meantime.

The purchaser may, however, cancel the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract for him.

In this case, when the contract is terminated, the seller or service provider is obliged to reimburse the purchaser for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order.

The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment at the latest, or an exchange of the product.

The costs and risks associated with this operation shall be borne exclusively by the seller or service provider.

Article 13 - Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in accordance with the terms and conditions and within the period specified below.

The products are delivered to the address indicated by the purchaser when the order was placed, and the purchaser must ensure that this address is correct.

Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.

At the buyer's request, an invoice can be sent to the billing address and not the delivery address, by specifying this when the order is placed.

If the buyer is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, which will allow the parcel to be collected at the place and time indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items.

If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The purchaser must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).

This verification is considered to have been carried out once the purchaser, or a person authorised by the purchaser, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered post within two working days of receiving the item(s) at the latest, and send a copy of this letter by e-mail or ordinary post to the seller at the address given in the site's legal notice.

If the parcel is lost, the buyer must notify the seller or service provider of the non-receipt of the order by post or e-mail.

A check with the carrier will be carried out by the seller or service provider and may take several days (21 days minimum). During this period, no refund or return can be made. Once the carrier has confirmed that the parcel has been lost, the buyer will be refunded the purchase price or the order will be reshipped.

If the products need to be returned to the seller or service provider, a request for their return must be made to the seller or service provider within 14 days of delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 14 - Errors in delivery and/or non-conformity of products

The purchaser must notify the seller or service provider on the day of delivery, or at the latest within seven working days of delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quality in relation to the information given on the order form.

Any claim made after this deadline will be rejected.

We therefore ask the buyer to CHECK the content of their orders ON RECEIPT of delivery.

The claim may be made, at the buyer's option :

- By e-mail to the following address: info@francksmodelworkshop.com.

- By post

Any claim not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release the seller or the service provider from any liability towards the buyer.

Any defective parts contained in our kits, or assembled, painted or weathered models will only be exchanged or repaired if the offending parts are returned to our workshop.

Any parts returned for replacement free of charge which show signs of machining, assembly, welding, various deteriorations or resulting from a cause unrelated to the intrinsic qualities of the products and consequently not recognised as defective by us, cannot be replaced free of charge and will be invoiced to the purchaser.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller or service provider in its entirety and in its original packaging, by registered post with insurance, to the following address: Franck's Model Workshop, 28 Domaine d'Athéas, 62223 ATHIES. FRANCE.

The cost of returning the goods shall be borne by the seller or service provider.

Article 15 - Product and service warranty

15-1 Legal guarantee of conformity

The seller or service provider guarantees that the goods sold conform to the contract, enabling the buyer to make a claim under the legal guarantee of conformity set out in articles L. 217-3 et seq. of the French Consumer Code.

In the event that the legal guarantee of conformity is invoked, please note that :

- the buyer has a period of 2 years from delivery of the goods in which to take action;

- the buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-17 of the French Consumer Code ;

- the buyer does not have to provide proof of the non-conformity of the goods for 24 months in the case of new goods (12 months in the case of second-hand goods), following delivery of the goods.

15-2 Legal warranty against hidden defects

In accordance with articles 1641 et seq. of the French Civil Code, the seller or service provider is liable for any hidden defects in the goods sold.

It is up to the purchaser to prove that the defects existed when the goods were sold and are such as to render the goods unfit for their intended use. This warranty must be invoked within two years of discovery of the defect.

The buyer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.

15-3 Commercial warranty

The products or services sold are also covered by a commercial guarantee designed to ensure their conformity and covering only the replacement or repair of the goods or services sold.

It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products, in accordance with Article 14.

We cannot guarantee parts and accessories produced by our subcontractors, such as Faulhaber motors gearhead, DCC sound decoders, lost wax castings, engraved and chemically cut parts, etc.

Article 16 - Right of retraction

Application of the right of retraction

In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the date of delivery of his/her order to return any item that does not suit him/her and request an exchange or refund without penalty, with the exception of the return costs, which remain payable by the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be taken back.

The right of retraction may be exercised online, using the retraction form available in the appendix to these GTCS.

In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the desire to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) or service(s) purchased will be refunded and the delivery costs will be reimbursed.

The cost of returning the goods shall be borne by the purchaser.

The exchange (subject to availability) or refund will be made within 3 months, and at the latest, within 14 days of receipt by the seller or service provider of the products returned by the buyer under the conditions set out above.

Exceptions

Under Article L221-28 of the French Consumer Code, the right of retraction cannot be exercised for contracts :

- the supply of goods or services made to the consumer's specifications or clearly personalised;

Article 17 - Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure" means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so.

The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party.

Article 18 - Intellectual property

The content of the website remains the property of the seller or service provider, who alone holds the intellectual property rights to this content.

Purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 19 - Data protection

The nominative data supplied by the purchaser is necessary for the processing of his/her order and the preparation of invoices.

They may be communicated to the seller's partners responsible for transporting orders.

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.

This right may be exercised under the terms and conditions defined on the Franck's Model Workshop website.

Article 20 - Partial non-validation

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

Article 21 - Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 22 - Language of the contract

These general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 23 - Mediation and dispute resolution

The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The name, contact details and e-mail address of the mediator are available on request by e-mail :

info@francksmodelworkshop.com.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/

Article 24 - Applicable law

These general terms and conditions are governed by French law. The competent court is the court of Arras.

This applies to both substantive and formal rules.

In the event of a dispute or claim, the buyer should first contact the seller or service provider to obtain an amicable solution.

Article 25 - Protection of personal data

Data collected

The following personal data are collected on this site:

- When ordering: when ordering via the online form, his or her surname, first name, e-mail address, telephone number and postal address;

- payment: as part of the payment for the products and services offered on the website, the bank details of the seller or service provider will be sent to the purchaser by e-mail concerning the bank account or Paypal account;

- communication: when the website is used to communicate with other members, data relating to user communications is stored temporarily;

- cookies: cookies are used to use the site. Users can deactivate cookies using their browser settings.

Use of personal data

The personal data collected from users is used to provide and improve website services and to maintain a secure environment.

More specifically, the uses are as follows:

- access and use of the website by the user ;

- managing the operation and optimisation of the website;

- verification, identification and authentication of data transmitted by the user ;

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- when the user publishes information accessible to the public in the free comment areas of the website;

- when the user authorises a third party's website to access his/her data;

- if required by law, the website may transmit data in order to pursue claims against the website and to comply with administrative and legal proceedings;

- if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.

Security and confidentiality

The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access.

However, it should be noted that the Internet is not a completely secure environment and the Website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementing user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: info@francksmodelworkshop.com.

- the right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.

- the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.

- the right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws.

- the right to restrict processing: users may ask the website to restrict the processing of personal data in accordance with the provisions of the General Data Protection Regulation.

- the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the General Data Protection Regulation.

- the right to portability: they can request that the website return their personal data to them so that it can be passed on to a new website.

Evolution of this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail at least 15 days before the effective date.

Appendix :

Retraction form
(to be completed by the consumer,

by registered letter with acknowledgement of receipt,

within a maximum of 14 days following the date of conclusion of the service contract)

Retraction form

For the attention of :

Franck’s Model Workshop