General Terms and Conditions
PREAMBLE
These general terms and conditions of sale are entered into between Fitgfitz Custom and the buyer wishing to make a purchase on the website www.fitgfitzcustom.com.
The Parties agree that these General Terms and Conditions exclusively govern their relationship. The website www.fitgfitzcustom.com reserves the right to modify these General Terms and Conditions from time to time.
ARTICLE 1: PURPOSE
These General Terms and Conditions aim to define the terms of the contractual relationship between the website www.fitgfitzcustom.com and the buyer.
ARTICLE 2: SERVICES
Services are only provided for new or like-new sneakers and shoes.
1. We discuss your customization ideas
2. You send your product
3. Partial payment for project development
4. The requested services are performed
5. Full payment for services
6. Your package is ready for shipment
The customer cannot return or receive a refund once the pair has been shipped.
ARTICLE 3: PRODUCTS USED
To carry out this type of service, we use specialized paints designed for this kind of work. Once applied and dry, the paint becomes water-resistant, heat-resistant, and does not crack.
ARTICLE 4: AUTHORIZATION TO USE PHOTOS
The website reserves the right to publish photos of the pair once the service is completed, unless the client specifies otherwise.
ARTICLE 5: SERVICE PROCESSING TIME
The service begins upon receipt of the shoes, counting business days.
Please allow 1 to 2 weeks, depending on the number of orders, before you are contacted when your shoes are ready for shipment.
ARTICLE 6: PRICES AND PAYMENT
Fitgfitz Custom reserves the right to modify the prices of its products at any time. The prices charged will be those in effect at the time of the order.
Prices vary depending on the complexity of the requested designs.
If you are lacking inspiration, a professional can create a custom design for you starting at €200.
Payment must be made before or after the services are rendered.
Delivery will only take place after full payment for the services ordered.
All payments must be made in Euros.
Payments made via the website will be processed through the secure PayPal system or by bank transfer.
PayPal: Payment via PayPal is subject to PayPal's terms and conditions, which the customer acknowledges having reviewed at the following address: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full.
By placing an order on the site, the Customer expressly agrees that Fitgfitz Custom may send him an invoice electronically or a paper invoice will be sent directly in the package.
ARTICLE 7: THE ORDER
All orders constitute acceptance of the prices and descriptions of the services requested.
To place an order, the buyer must complete all the steps in the order form available on the website www.fitgfitzcustom.com.
Once the form is validated, Fitgfitz Custom will acknowledge receipt of the order by sending an email within a few days.
We accept certain orders, but shipping costs will be applied depending on your geographic location, as well as any applicable customs fees. The only acceptable payment methods are those listed on the website.
In certain cases, particularly non-payment, an incorrect address, or other issues on the part of the buyer, Fitgfitz Custom reserves the right to suspend and/or cancel the buyer's order until the issue is resolved. Fitgfitz Custom also reserves the right to refuse to cancel any order from a customer with whom there is an existing dispute regarding payment for a previous order. The information provided by the buyer when placing the order is binding: in the event of an error in the recipient's contact details, the website cannot be held responsible for the inability to deliver the product. The buyer will then be responsible for any additional costs incurred.
ARTICLE 8: DELIVERY
Your package will be sent via Colissimo with tracking.
Orders are carefully packaged and inspected before shipment to ensure their protection during transport.
From the moment the carrier takes charge of the package, delivery is their responsibility. In the event of any anomaly observed upon receipt (damaged, opened, or otherwise damaged package), the customer is asked to immediately file a detailed claim with the carrier and inform us as soon as possible, attaching photographs of the package and any damage.
FitgFitz cannot be held liable for delays, losses, or damages attributable to the carrier, subject to the consumer's rights under applicable law. However, we are committed to assisting the customer with the necessary steps with the carrier to facilitate the processing of their claim.
Shipping costs are reimbursed by our service for orders placed from mainland France.
After order confirmation, Fitgfitz Custom commits to delivering all orders placed by the buyer within a maximum of 15 to 21 business days, to the address provided by the buyer at the time of ordering, provided that this address is located in mainland France. For deliveries outside mainland France, Fitgfitz Custom cannot guarantee a delivery time but will do its best to ensure that it does not exceed the legal delivery timeframe.
Delivery is considered complete upon the first presentation of the products at the delivery address provided by the customer when placing the order; this address may be the customer's own or that of another person designated by the customer.
For deliveries outside mainland France, the customer agrees to pay, in addition to the price excluding tax, customs duties, value-added tax, and any other taxes due under the laws of the country of delivery.
Once the services are completed and shipped, please send a confirmation email upon receipt of your package.
The customer assumes all risk from the moment the products are first presented at the delivery address(es) provided by the customer.
In accordance with standard contract law, the delivered goods remain the property of Fitgfitz Custom until full payment is received from the customer.
All products leave our premises in perfect condition; therefore, the customer must immediately report any sign of damage (holes, crushing, etc.) to the carrier upon delivery and, if necessary, refuse the package. If you refuse the package due to damage, please contact the shipping company and inform us.
Any claim made by the customer after delivery will not be accepted.
Therefore, any product damaged during transport after delivery, without any reservations being noted upon receipt of the package, cannot be accepted by Fitgfitz Custom.
The buyer must submit any claim regarding delivery errors and/or non-conformity of the products in terms of type or quality compared to the information on the order form to Fitgfitz Custom. This claim must be submitted to Fitgfitz Custom via email. Any claim not made according to the rules defined above and within the specified time limits will not be considered and will release Fitgfitz Custom from all liability towards the buyer.
The warranty against hidden defects is available to the Customer who discovers a non-apparent defect or flaw of which they were unaware that renders the purchased Product unfit for its intended use, or that diminishes its usability to such an extent that the Customer would not have purchased the Product, or would have paid a lower price, had they been aware of the defect. Fitgfitz Custom is not liable for apparent defects that the Customer could have easily discovered.
ARTICLE 9: RIGHT OF WITHDRAWAL
The right of withdrawal applies only to individual buyers. If the customer wishes to withdraw while the project is underway, they will be required to pay 30% of the service price.
If the customer withdraws while the shoes are being customized, Fitgfitz Custom cannot undo the work already completed. All costs are the responsibility of the customer.
ARTICLE 10: IMAGE RIGHTS AND DUPLICATION
The website reserves the right to reproduce all service designs unless otherwise indicated.
ARTICLE 11: LIABILITY
Fitgfitz Custom has an obligation of due care at all stages of order processing and in the stages following the conclusion of the contract.
Fitgfitz Custom is committed to describing the services sold on its website with the utmost accuracy. However, it cannot be held liable if the non-performance of its obligations is attributable to the buyer, to an unforeseeable and insurmountable event caused by a third party to the contract, or to a case of force majeure as defined by French law. Similarly, Fitgfitz Custom cannot be held liable for any inconvenience or damage inherent in the use of the internet, including service interruptions, external intrusions, or the presence of computer viruses; for any delay, non-performance, or improper performance of contractual services attributable to the customer, particularly during order placement; for any delay or breach of its contractual obligations caused by an unforeseen event or force majeure as defined by French law and case law; or for any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and conformity of the goods.
ARTICLE 12: PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or final ruling of a competent court, the other provisions shall remain in full force and effect.
ARTICLE 13: PROTECTION OF PERSONAL DATA
Providing the personal information collected for the purposes of distance selling is mandatory, as this information is essential for processing and shipping orders, issuing invoices, and establishing warranty contracts. Failure to provide this information will result in the order not being validated.
In accordance with French Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, as amended by Law No. 2004-801 of 6 August 2004, personal data relating to Fitgfitz Custom website customers may be collected and processed automatically, in accordance with the purposes specified at the time of collection. As such, Fitgfitz Custom is considered the sole data controller within the meaning of the aforementioned law.
In accordance with the French Data Protection Act (Loi Informatique et Libertés), the processing of personal information relating to customers has been declared to the French Data Protection Authority (CNIL). Customers have the right (law of January 6, 1978) to access, modify, rectify, and delete their personal data, which they can exercise by simply sending an email to contact@fitgfitzcustom.com. Furthermore, Fitgfitz Custom undertakes not to disclose its customers' contact details to any third party, whether free of charge or for consideration.
ARTICLE 14: METHOD OF PROTECTING BANKING INFORMATION
Banking information is transmitted by the Customer via the secure SSL (Secure Socket Layer) system, ensuring that the transmitted information is encrypted and that no third party can access it during transmission over the network. Upon order confirmation, Fitgfitz Custom only reveals the last four digits of the Customer's bank card. However, Fitgfitz Custom transmits the entire card number to the French Banking Card Group (GIE Carte Bancaire) during order processing.
Fitgfitz Custom's security procedures may require the Client to provide the security code associated with their bank card and possibly proof of identity before releasing their personal information.
The Client agrees to protect the computer from which they send their personal information against unauthorized access by using a personal password (which they must not share with any third party) containing at least one uppercase letter, one lowercase letter, and one number. If using a public or shared computer, the Client agrees to log out of their session after each use.
ARTICLE 15: ARCHIVING / PROOF
In accordance with Articles 1369-4 of the French Civil Code and L.134-2 of the French Consumer Code, any contract concluded with the Customer for an order exceeding €120 (including VAT) will be archived by Fitgfitz Custom. To access their archived contracts, the Customer must send a request by email to the following address : contact@fitgfitzcustom.com.
Fitgfitz Custom will process the request and provide further instructions.
Fitgfitz Custom's computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between them.
ARTICLE 16: APPLICABLE LAW AND JURISDICTION
Any order placed through www.fitgfitzcustom.com implies the customer's full and unreserved acceptance of Fitgfitz Custom's General Terms and Conditions of Sale.
The interpretation and execution of these General Terms and Conditions of Sale, as well as all related actions, are governed exclusively by French law.
In the event of a dispute, exclusive jurisdiction is granted to the competent French courts.