Gneral Terms and conditions

ARTICLE 1 SCOPE OF APPLICATION AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE FOILENVIE.FR WEBSITE

These general terms and conditions of sale apply to all orders placed on the Foilenvie.fr website. Foilenvie.fr reserves the right to adapt or modify these general terms and conditions of sale and use at any time. In the event of a modification, the general terms and conditions of sale in effect on the day of the order will be applied to each order.

ARTICLE 2 PRODUCTS AVAILABILITY

Our offers are valid as long as they are visible on the website. The information provided regarding stock availability is for guidance only. Our product offers are always limited to available stock, and we cannot be held responsible for the non-fulfillment of the contract in the event of a stockout or product unavailability.

For products not stored in our warehouse, our offers are valid only subject to availability from our suppliers.

Indications regarding product availability are provided at the time you place your order. Since this information comes directly from our suppliers, errors or changes may exceptionally occur. In the event that a product you have ordered is no longer available after you have placed your order, we will notify you by email as soon as our supplier has informed us of its unavailability.

Your order for an unavailable product will be refunded if a suitable substitution is not possible. No cancellation compensation (other than the full refund of the order) can be requested, as such unavailability is mainly due to the time it takes to update this information.

ARTICLE 3 ELECTRONIC ORDER VALIDATION

Every order on foilenvie.fr involves 4 steps:

1. Adding items to the cart.
2. Entering your billing and shipping details.
3. Summary and final validation of your order.
4. Access to the selected payment method in your cart.

An order will be considered valid when these 4 steps have been successfully completed.

ARTICLE 4 PRIX

Foilenvie.fr reserves the right to modify its prices at any time but commits to applying the rates in effect that were indicated to you at the time of your order, subject to availability on that date.

ARTICLE 5 PROMO CODES AND VOUCHERS

Foil Envie may, from time to time, offer promotional discount codes that may apply to any or certain specified purchases made through this website.

• Unless otherwise stated, the discount code can only be applied to full-priced items on the site.
• The offer cannot be applied retroactively to previous orders.
• Foil Envie reserves the right to cancel this offer at any time and to refuse to allow any person to participate in the offer.
• Refunds will take the discount into account.

ARTICLE 6 PAYMENT METHODS AND SECURITY

In all cases, payment is made in Euros. The possible delivery zones depend on the suppliers and the agreements we have with them, as well as on tax and customs regulations.

• Indiana and Ensis: Metropolitan France and Monaco, Spain (excluding islands), Portugal (excluding islands), and Italy.
• StokeFoil: France and Monaco
• Foil Envie: Worldwide, with the exception of regulatory restrictions (embargoed countries).

We cannot always block a purchase in advance based on the country of delivery, so it is possible that your order will be automatically cancelled and refunded.

Payment Methods.

You can make the payment:

• By credit card in a single payment. with Stancer, or Paypal
• by Bank Transfer

Security: Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Foilenvie.fr never stores this information after the transaction. This is why you are asked for it again with each new transaction on our website.

Title retention clause: The products remain the property of foilenvie.fr until full payment of the order is received. However, from the moment of delivery, the risks of the delivered goods are transferred to the customer.

Failure to Pay: Foilenvie.fr reserves the right to refuse to make a delivery or to fulfill an order from a consumer who has not paid a previous order in full or in part, or with whom a payment dispute is in progress.

Anti-fraud checks: Foilenvie.fr, in collaboration with 3D Secure, checks all orders that have been validated on its site. These checks are designed to protect foilenvie.fr from abusive practices by fraudsters. As part of these procedures, we may need to ask you for all the necessary documents to unblock your order, such as proof of address and a bank statement in your name, etc.
These requests are made by phone or email. The information provided in the order form is subject to automated data processing for which 3D Secure is responsible. The purpose of this automated data processing is to define a transaction analysis level and to combat credit card fraud. 3D Secure and the merchant from whom you are making your purchase are the recipients of the data collected in the order form.
The non-transmission of your order form data prevents your transaction from being completed and analyzed. If a payment is unpaid due to the fraudulent use of a credit card, the details from the order form associated with that unpaid amount will be entered into a payment incident file managed by 3D Secure. An irregular declaration or an anomaly may also be subject to special processing.
In accordance with the Data Protection Act of January 6, 1978, you have the right, at any time, to access, rectify, and object to all of your personal data by writing, by mail and with proof of your identity, to Dalenys Payment – 55 rue Raspail 92300 Levallois-Perret – FRANCE.

ARTICLE 7 DELIVERY METHODS AND TIMES

General:
For parcel tracking purposes, we are unable to deliver orders to military bases or other military premises outside of mainland France. Products are delivered to the shipping address you provided during the order process. All shipments are insured for the actual value of the goods.
We highly recommend that you systematically check the merchandise at the time of delivery. In all cases, you have a maximum of 24 hours to report any dispute to us.
Please note, in the event of a problem, you must keep the original packaging. We decline all responsibility for delays due to strikes, natural disasters, etc.

Shipping cost:
Shipping costs will be automatically calculated in the cart and depend on the selected products, the destination, and the delivery options when multiple choices are available.

Shipping Times:
Orders are generally shipped within 48 hours. This timeframe may be longer during school holiday periods. These are average times that correspond to the processing, preparation, and shipping of your order (leaving the warehouse). To this time, you must add the carrier's delivery time, which is an average of 72 hours.

Delivery Tiles:
The ordered product is shipped by an independent carrier, depending on the nature of the product and at the sole discretion of foilenvie.fr, to the address provided on the order form. The announced delivery times are indicated from our warehouse. The choice of delivery method depends on the weight, volume, and value of the items. The time frame indicated on our site is indicative and non-contractual. It may vary depending on the shipping period (expect an additional delay during school holidays, for example) or the destination (a shipment to Corsica is generally a little longer).

Shipping Package delivered:
You must check the conformity of the delivered goods at the time of delivery and before signing the carrier's delivery note.
You must note any anomaly concerning the delivery (damaged product, carton reconditioned by the carrier using their own tape, etc.) on the delivery note in the form of handwritten reservations accompanied by your signature.
This verification is considered to have been completed as soon as the buyer, or a person authorized by them, has signed the delivery note.
You must also report the anomalies by registered mail and confirm your reservations to the carrier no later than 3 working days following the receipt of the item(s) and send a copy of this letter to the following address: Foil Envie, Customer Dispute Department, 8 rue Sylvestre, 69100 Villeurbanne France.

If products need to be returned to us, a return request must be made via our contact form to our Customer Service within 7 days following delivery. Any claim made outside of this period cannot be accepted.
The product return will only be accepted in its original condition (packaging, accessories, instructions, etc.).
If the original packaging is damaged, torn, or opened at the time of delivery, you must check that it contains your entire order and, if necessary, make a note on the delivery slip specifying the nature of the damage.
We advise you to double-check your delivery address on the order summary. In the event of an error in the shipping address, the shipping costs for a new shipment will be the responsibility of the customer.

ARTICLE 8 RESPONSABILITES

Law N°2004/575 of June 21, 2004 (excerpt) The professional is fully responsible to the consumer for the proper execution of the obligations resulting from the distance contract, whether these obligations are to be performed by the professional who concluded the contract or by other service providers, without prejudice to their right of recourse against them. However, they may be relieved of all or part of their responsibility by proving that the non-performance or poor performance of the contract is attributable either to the consumer, to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. »

ARTICLE 9 PUBLICATION OF CONTENT

Foilenvie.fr may provide a number of content publishing tools (news, videos, product reviews, gear tests, etc.). Although many publications are automated, foilenvie.fr reserves the right to moderate, publish, or refuse (both before and after the fact) certain content that is sent to it.
Foilenvie.fr also reserves the right to delete or modify any content that it deems unlawful or that violates the present terms of use (including after its publication).
The texts, photos, and videos published on the platform are the sole responsibility of their author.
Foilenvie.fr disclaims all responsibility for the content published in the editorial sections of the site; the authors of the content remain solely responsible for their publication and content.
The authors also guarantee that the content they publish on Foilenvie.fr does not violate any third-party rights, such as, among others, copyright, patent, confidentiality obligations, or trademarks.
Foilenvie.fr commits to removing any suspicious content reported on its platform without needing prior authorization from the author. Authors agree not to intentionally disparage a product or brand for the sole purpose of damaging its image.

ARTICLE 10 RIGHT OF WITHDRAWAL

In accordance with article L.121-16 et seq. of the French Consumer Code, the consumer has a period of **14 working days** from the date of delivery of their order to return any item that does not suit them and request a refund without penalty, including the shipping costs of the product. The exception is the return costs, which remain the responsibility of the customer. This applies if the product is returned with all of its original packaging and is in perfect condition. If the original packaging is not returned, a flat fee of €50 will be deducted from the refund. If there are signs of wear, even minor ones, that prevent us from reselling the equipment as new, a 10% deduction of the equipment's value will also be applied. If more significant signs of wear are present, we will adjust the depreciation on a case-by-case basis depending on the condition of the equipment.
Please note that for certain "oversized" products available on the site—those longer than 1.50 meters and/or weighing more than 15 kg, such as some SUPfoil, Wingfoil, or other boards—the return shipping costs, which will be your responsibility in case of withdrawal, can be significant, potentially reaching up to €250 depending on the chosen carrier. The product must be returned unused, new, in its original packaging, and with all its accessories and tags.
The right of return cannot be exercised for items that can be copied, such as DVDs and books. Any request for withdrawal must be submitted in writing via our contact form within 14 days of receiving the order, specifying the order number and the product(s) concerned.

After this 14-day period, no items will be accepted for return. In the case of a returned item, if you place a new order, you will be charged for shipping costs again.

ARTICLE 11 MEDIATION

If you do not get a satisfactory response from our customer service, you should know that you can have recourse to a mediator. A dispute can be examined by the consumer mediator when All the following conditions. are met:

• The consumer must prove they have first attempted to resolve their dispute by a written complaintdirectly with the professional or their customer service
• The request is obviously not unfounded or abusive
• The litigation has has not been previously examined or is not being examined by another mediator or a court
• The consumer must initiate their request with the mediator within a 1 year delay. from the date of their written complaint to the professional.
• The dispute is compatible with mediation: areas related to health, general interest, or higher education are incompatible with mediation.

You will have to submit your mediation request on the official website of the European Union at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase.

ARTICLE 12 WARRANTY AND CUSTOMER SERVICE

When a product is purchased, the consumer benefits from three types of guarantees: the commercial guarantee—also known as the manufacturer's warranty—the legal guarantee of conformity, and the legal guarantee against hidden defects. Each guarantee covers a very specific area, and you can find more details on each of them on the website. Service-public.fr.

The commercial / manufacturer's warranty:

This last one allows you to have the product repaired or replaced in case of a breakdown. It is optional and is freely offered by the manufacturer according to its conditions. It is thus added to the legal guarantees of conformity and hidden defects.

The commercial warranty, or manufacturer's warranty, is only valid on new products. It is generally for one year, covering both parts and labor. However, the scope and duration of this warranty can vary depending on the manufacturer and the product brand.
You can consult the exact terms of the warranties on the manufacturer's website or in the product manual. Generally, commercial warranties do not cover:

• The replacement of consumables (batteries, light bulbs, fuses, etc.).
• Abnormal or non-compliant use of the products,
• Damage caused by a repair person not approved by the manufacturer,
• Damage resulting from an external cause (for example, accident, impact, over-inflation, oxidation, presence of sand, etc.).

We therefore invite you to carefully consult the user manual provided with the products and the exact terms of any commercial warranties that may accompany the products. To benefit from the product warranty, it is essential to keep the product's purchase invoice, which can be printed at any time from your personal account. In all cases, the manufacturer's warranty is subject to the manufacturer's prior agreement.

In the case of products damaged during use (torn wing, broken paddle, broken board, etc.), the manufacturer may request the return of the product at your expense for an expert evaluation. This return may be requested either to the manufacturer's headquarters or to the headquarters of foilenvie.fr. It is then up to the manufacturer, after expertise, to grant or refuse coverage under the commercial warranty.
It is important to note that the free repair of a product does not automatically mean that a warranty claim has been accepted. Very often, the manufacturer may make a commercial gesture and perform a free repair while still refusing to cover the product under warranty due to misuse (impact, improper use, etc.). Only a written letter from the manufacturer constitutes an acceptance of a manufacturer's warranty claim.

In the event that a commercial warranty claim is approved, only the defective part may be covered. Similarly, the product may either be repaired or replaced, depending on the brand's policy. Foilenvie.fr cannot be held responsible if the manufacturer refuses to apply its commercial warranty. Please note that the costs of returning and resending the product to facilitate the commercial warranty service (for return or repair) will be the customer's responsibility.

It is recalled that the commercial warranty does not deprive you of the provisions relating to the legal guarantee of conformity. (L211-1 et seq. of the Consumer Code) or to the guarantee against hidden defects. (articles 1641 et seq. of the Civil Code). 

The legal guarantee of conformity:

By legal guarantee of conformity, we mean the guarantee that the purchased product is suitable for its intended use and matches the description provided by the seller. This guarantee covers all manufacturing defects at the time of purchase or delivery of a product and thus applies to defects present on the date of product delivery.

When acting under the legal guarantee of conformity, the consumer:

• Benefits from a period of two years from the delivery of the goods to take action.
• can choose between the repair or replacement of the goods, subject to the cost conditions provided for in article L. 211-9 of the Consumer Code,
• Can choose to be reimbursed fully (in exchange for returning the product) or partially (while keeping the product) if:
  • The repair or replacement are impossible (for example, manufacturing has been discontinued).
  • The repair or replacement cannot be completed within one month following the complaint.
  • The repair or replacement creates a major inconvenience for the consumer.
• You are exempt from having to prove the existence of a lack of conformity in the product for the first six months after its delivery. This period was extended to twenty-four months starting from March 18, 2016, except for second-hand goods, which cannot be guaranteed.

The legal guarantee of conformity applies independently of any commercial warranty that may have been granted.
Furthermore, the consumer can decide to invoke the guarantee against hidden defects of the sold item as per Article 1641 of the Civil Code. In this case, they can choose between the cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code. 

The legal guarantee of hidden defects:

When you purchase a product, there is a guarantee against its hidden defects—known as the legal guarantee of hidden defects. This applies only when several conditions are met:

• The defect was hidden and therefore not apparent at the time of purchase.
• The defect existed at the time the product was purchased.
• The defect makes the product unusable or significantly diminishes its use.

This guarantee is applicable to all types of products (new, on sale, etc.) and regardless of the seller (private individual, professional, manufacturer, etc.). To be eligible for this guarantee, the consumer has a period of **two years** from the discovery of the defect to take action. The duration of this guarantee is also limited to **five years** after the product's purchase, and it is up to the consumer to prove the existence of the defect.

For more details, you can refer to the various articles of the Consumer Code and the Civil Code:
**Article L. 211-4 of the Consumer Code:** "The seller is required to deliver a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the responsibility of the seller under the contract or was carried out under their responsibility." *Note: This article has been updated and is now replaced by Article L. 217-4, but the principle remains the same.* "The seller is required to deliver a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the responsibility of the seller under the contract or was carried out under their responsibility."
Article L. 211-5 of the Consumer Code: "To be in conformity with the contract, the good must:
1. Be fit for the purpose ordinarily expected of a similar good and, where applicable:

• Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model.
• possess the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling. 

2. Or, have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 211-12 of the Consumer Code: The action resulting from a lack of conformity is time-barred after two years from the delivery of the good.
Article 1641 of the Civil Code: The seller is bound by a warranty against hidden defects in the item sold that render it unfit for its intended use, or that so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known about the defects.
Article 1648 alinea 1e of the civil Code: The action resulting from hidden defects must be brought by the buyer within a period of two years from the discovery of the defect.

ARTICLE 13 PRESENTATION DES PRODUITS

The characteristics of the products offered for sale are presented in product sheets. The photographs are not part of the contractual agreement, and Foil Envie cannot be held liable for any errors they may contain. All texts and images created by Foilenvie.fr and presented on the website are reserved worldwide under copyright and intellectual property rights; their reproduction, even in part, is strictly prohibited. The illustrations (photo, visual) representing the items for sale, which are provided by the brands, remain the exclusive property of the brands and their authors. The publication of information and/or illustrations (photo, visual) supplied by a provider is done under the sole responsibility of the latter and shall not engage the liability of the company Foil Envie.

ARTICLE 14 PROVISIONS OF THE "INFORMATIQUE ET LIBERTES" LAW

At any time, you have the right to access, modify, correct, and delete data concerning you (Article 34 of the French "Informatique et Libertés" law of January 6, 1978). Foilenvie is concerned about the use and security of personal data. For any information on the use of your personal data by Foilenvie.fr, click here.

ARTICLE 15 COMPANY DETAILS

Foil Envie, SASU with a capital of 1,000€
8 rue Sylvestre, 69100 Villeurbanne, FRANCE
R.C.S : Lyon B 949 663 124
VAT: FR56949663124
Siret: 94966312400012

ARTICLE 18 USE OF COOKIES

When you browse our site, foilenvie.fr, cookies are placed on your computer, mobile, or tablet. Our site is designed to be particularly attentive to the needs and expectations of our customers. This is one of the reasons we use cookies, for example, to identify you and access your account, manage your shopping cart, remember your browsing history, and personalize the offers we provide to you.
This page helps you better understand how cookies work and how to use the current tools to configure them. For more information, click here.

ARTICLE 19 APPLICABLE LAW AND JURISDICTIONAL COMPETENCE

Any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted for assessment to the PUBLISHER of the WEBSITE with a view to an amicable settlement.
Le consommateur peut également recourir, en cas de contestation, à une procédure de médiation ou tout autre mode alternatif de règlement des différends. Il est expressément rappelé que les demandes de règlement amiable ne suspendent pas les délais ouverts pour intenter les actions judiciaires. Toute action judiciaire relative à la conclusion, l’interprétation, l’exécution ou la cessation du présent contrat sera de la compétence du Tribunal du lieu du domicile du défendeur ou, au choix du demandeur, du lieu de livraison effective du produit conformément aux articles 42 et 46 du Code de procédure civile.