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GENERAL CONDITIONS OF SALE OF THE OFFICIAL STORE OF CEV.FANAVENUE.COM

1- OBJET

The present general terms and conditions of sale (hereinafter the "GTC" or "General Terms and Conditions of Sale") apply to all sales of products and articles concluded on the website cev.fanavenue.com (hereinafter the "Website"), exclusive property of FanAvenue S.A.

FANAVENUE, customer service - 11 rue de la cotterie - Z.A Casablanca - 40230 Saint Vincent de Tyrosse - France - Tel : + 33 (0) 5.58.58.52.00

Fan Avenue is a Limited Liability Company with a capital of 10 000 € registered in the R.C.S of Dax under the number SIRET 449 393 370 (hereinafter " FanAvenue ")

The purpose of the GTC is to define the rights and obligations of the parties in the context of the sale of products (hereinafter the "Products") by FanAvenue to the consumer (hereinafter the "Customer") presented on the Website and to inform any potential Customer of the terms and conditions under which FanAvenue operates the sale and delivery of Products ordered by the Customer. The T&Cs apply without restriction or reservation to all Products offered for sale by FanAvenue on the Website.

FanAvenue reserves the right to make changes to these Terms and Conditions at any time without notice. Nevertheless, the General Terms and Conditions of Sale applicable are those in effect at the time of the Order placed by the Customer.

The Customer declares and acknowledges that he/she is legally capable of entering into contracts concerning the products offered for sale by FanAvenue on its Internet site and that prior to any validation of the Order he/she has read and accepted the rights and obligations resulting from these GTC.

Any Order placed by the Customer on the Web Site implies the Customer's full and complete acceptance of these Terms and Conditions of Sale, which the Customer acknowledges having read prior to placing any Order.

The sale of Products on the Web Site is exclusively reserved for retail sales and individual consumers.

Under no circumstances may the Web Site be used by professional sellers, alone or in groups, regardless of how their products are marketed. The Customer acknowledges and accepts that Products may only be purchased in quantities that correspond to the average needs of a consumer, both in terms of the number of products ordered in a single order and the number of individual Orders that respect the usual quantity of an average consumer placed for the same product. FanAvenue reserves the right to refuse an order that is clearly validated by a professional vendor customer.

2- DESCRIPTION AND CHARACTERISTICS OF THE PRODUCTS

The Customer may select one or more products from those offered for sale on the Website.

Prior to placing an Order and in accordance with Article L.111-1 of the French Consumer Code, the Customer may view, on the Website, the description and essential characteristics of the Products sold by FanAvenue. The photos, videos and animations associated with the Products are provided for information purposes only.

3- PRICES

General Terms and Conditions

The prices of the Products available for sale on the Web Site are indicated in euros, all taxes included, including the value-added tax (VAT) applicable on the day of the Order. The prices do not include the amount of the eco-participation and the amount of the participation to the preparation and shipping costs, the latter being invoiced in addition to the price of the ordered products. The shipping costs will nevertheless be indicated before the Order is validated by the Customer. FanAvenue reserves the right to modify the prices of the Products at any time. Nevertheless, the Customer will be informed of such changes and the Products will be invoiced on the basis of the prices in effect at the time the Order is confirmed. Prices are applicable to distance selling.

In the event of an Order to a country other than metropolitan France, the Customer shall be deemed to be an importer and shall be liable to pay any customs duties or other local taxes or import duties or state taxes. These duties and taxes are not the responsibility of FanAvenue. They shall be borne by the customer and are the customer's sole responsibility, both in terms of declaration and payment to the authorities and/or competent bodies of the customer's country. The provisions of the General Tax Code relating to VAT in particular shall apply.

Sales - Promotions - Promotional codes

All promotions are valid during the period defined in the offer and the sales offered by FanAvenue are valid during the legal period in force. Promotions and sales are only applicable to the items indicated.

Promotional codes and vouchers are applicable to the amount of the Order or, if applicable, of one of the products in the Order, excluding shipping costs. Promotional codes and vouchers may not be combined unless otherwise specified. They cannot be exchanged for their monetary value. They are personal and non-transferable and can only be used once by the Customer when validating his/her Order. The validity date of each voucher as well as the terms of use are specified on the document given to the Customer (voucher sent by email to the address provided by the Customer or paper voucher given to the Customer).

In order to benefit from the discount linked to a promotional code or a voucher, the Customer must imperatively enter the reference in the box reserved for this purpose at the time of the Order. In the event that the customer forgets to enter the code, FanAvenue will not be able to cancel the Order or renew it in order to take into account the said promotion.

Any fraudulent use of a promotional code, or use contrary to the spirit of the promotion, will render the code null and void.

4- ORDERING

The Customer has the possibility to place his Order :

By mail

The Customer may send his or her Order to the address of the FanAvenue head office, 11 rue de la Cotterie, ZA Casablanca, 40230 Saint Vincent de Tyrosse, France, specifying the desired delivery address.

On the Internet Site's online store

The Customer may register his or her Order on the FanAvenue online store, after opening an account and specifying the desired delivery address. By clicking on the button { I buy } (or on the associated symbol) the Customer confirms the addition of the product to his/her Order, then by checking the option { I accept the general terms and conditions of sale } in the Order summary, which is the only one capable of activating the button { Complete my order }, the Customer declares that he/she has read and accepts fully and unreservedly the present GTC. Finally, by clicking on the "Complete my Order" button in the Order summary, the Customer confirms his/her Order.

By telephone

The Customer may register his/her Order from Monday to Friday, from 9:00 a.m. to 6:00 p.m., by calling 05 5858 52 00 at the price of a local call (rate according to operator). FanAvenue will open the Customer's account and register the Customer's Order by having the Customer specify and confirm the delivery address.

Prior to the validation of the Sales Order, the Client shall have the opportunity to review the details of the Sales Order and to correct any inaccuracies.

The Customer declares that he/she has read and accepted the present General Terms and Conditions of Sale before placing the Order. The Customer's validation of the Order, regardless of the means by which it was placed, shall constitute acceptance of said Terms and Conditions.

Subject to the Customer's right of withdrawal, the Order may no longer be cancelled by the Customer and the sale shall be final.

A summary of the information contained in the Order and the General Terms and Conditions of Sale shall be communicated to the Customer by any appropriate means, in particular by sending an e-mail confirmation of the Order to the address indicated by the Customer when validating the Order. An e-mail will also be sent to the Customer when the Order is shipped. This information is also available in the Customer's online account.

FAN AVENUE reserves the right to suspend or cancel the execution of an Order and/or delivery in the event of non-payment or partial payment of any amount owed by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Web Site.

The purchase of CDs is limited to 5 identical units per customer. In the event that a customer orders more than 5 identical CDs, FAN AVENUE reserves the right to ship only 5 products and to refund the additional products.

5- AVAILABILITY OF PRODUCTS

The offers of Products are valid as long as they are visible on the Website and within the limits of available stocks. Despite all the care taken by FanAvenue in the supply of its stocks, an item may become unavailable between the taking of the order and the delivery. In this case, the Customer will be informed by email and/or telephone as soon as possible of the total or partial unavailability of the products ordered and of the total or partial cancellation of the Order. In the event of total unavailability, the Order will be fully refunded. In the event of partial unavailability, the Customer's bank account will be debited for the full amount of the Order, will receive the available products and will be reimbursed for the price of the unavailable product(s) ordered as soon as possible and, at the latest, within 30 days of full payment of the Order.

6- DELIVERY TIME

The delivery times indicated by FanAvenue may vary depending on the destination and the delivery method chosen by the Customer and do not include weekends and public holidays. These are average times calculated according to the availability of products and delivery times according to the means of delivery chosen by the Customer, which, in the event of a need to restock, means taking into account the date of receipt of the products communicated by FanAvenue's supplier. In the event that the delivery time is exceeded, the Customer may decide to cancel the order in accordance with the conditions set forth herein.

7- DELIVERY

Products are shipped from Monday to Friday inclusive, excluding weekends and holidays, to the delivery address indicated by the Customer. FanAvenue delivers everywhere in France (including Monaco and Corsica) as well as in the Dom Tom and overseas territories and in the rest of the world. A delivery note summarizing the products actually present in the package(s) is systematically attached to the products in the package. It is also available in the {My Account} area of the FanAvenue online store. The Customer shall be informed of the delivery of his/her Order by email, which shall include the name of the carrier, the package number and a link to its Internet tracking system.

Delivery by La Poste

Delivery of the parcel to the address indicated by the Customer within two (2) to five (5) working days for an address located in Metropolitan France (including Monaco and Corsica) as well as in the French overseas departments and territories and within two (2) days to three (3) weeks for the rest of the world, depending on the destination. The recording of the delivery information by the information system of the Post Office constitutes the proof of this one. In the event that delivery to a mailbox is not possible, De Post-La Poste reserves the right to make several delivery attempts to the address indicated by the Customer. It may take the initiative to deliver to any person present at this address, including the janitor or janitor who agrees to take delivery. If delivery is not possible, the package will be held at the location indicated on the delivery notice. The Customer has approximately ten (10) days to collect the package. After this period, the package is automatically returned to FanAvenue, which reserves the right to charge the Customer the amount of the shipping costs for a new delivery.

Delivery to a relay point

Delivery of the package to the address indicated by the Customer within a period of time generally ranging from two (2) to five (5) business days for an address located in metropolitan France (including Monaco and Corsica). The recording of the delivery information by the Post Office's information system constitutes proof of the latter. The Customer must present himself with his identity card to collect the parcel. The Customer has approximately ten (10) days to collect the package. After this period, the package is automatically returned to FanAvenue, which reserves the right to charge the Customer the amount of the shipping costs for a new delivery.

Delivery by the carrier

Delivery of the package against signature within one (1) to three (3) business days. Packages are delivered to any person present at the designated address without FanAvenue being able to verify that the identity of the person present corresponds with the name of the recipient designated by the Customer in the Order. In the event that delivery is not possible due to the absence of a person at the delivery address indicated by the Customer who is able to sign the delivery receipt, the packages will automatically be returned to FanAvenue in accordance with the conditions set forth by the carrier. In this case, FanAvenue reserves the right to charge the customer the amount of the shipping costs for a new delivery. Delivery shall be deemed to have been made when the product is made available to the Customer by the delivery agent, as evidenced by the carrier's control system.

Shipping and handling charges

The participation in the expenses of preparation and forwarding is understood to include all taxes and amount, for Metropolitan France, to 6.50 euros including all taxes. A supplement will be requested for shipments to Corsica, Monaco, Dom Tom and Overseas Territories. Shipping rates outside Metropolitan France are displayed at the time of the Order validation according to the selected country of delivery.

Transfer of risks and ownership

The Customer, or the recipient of the Order, is invited to verify the apparent condition of the package and the products upon delivery.

The transfer of risk occurs upon delivery of the goods, however, the products remain the property of FanAvenue until full payment of the price and various costs associated with processing the Order. Receipt of the goods shall extinguish all claims against the carrier for damage or partial loss if the consignee has not notified the carrier by extra-judicial act or by registered letter of its justified protest within three days, excluding holidays, following the day of receipt. FanAvenue shall in no event be liable for any damages incurred during transport if the Customer transports the goods by his own means.

Lost package

If five (5) working days after the shipment of the package the Customer has no news of his Order, he must contact FanAvenue which will open an investigation with the carrier. If the package is definitively declared lost (final response generally within three (3) weeks) FanAvenue shall notify the Customer and immediately initiate redelivery of the Order.

8- PAYMENT

The currency of payment is the Euro with the exception of any other currency. The total amount of the payment is due at the time of the Order. Payment shall be made by credit card, check, bank transfer, Paypal, or any other payment method explicitly accepted by FanAvenue on the Order confirmation.

Payment by credit card

In case of payment by credit card, the Customer's bank account will be debited after the Order confirmation sent by FanAvenue. Only Visa, Eurocard and MasterCard are accepted by FanAvenue. The Customer warrants that he/she is fully authorized to use the credit card and that the credit card provides access to sufficient funds to cover all costs resulting from the Order. FanAvenue's online store is subject to one of the most effective security systems available today. In order to secure Internet payments, FanAvenue has not only adopted the SSL (Secure Socket Layer) encryption process but also uses a digital certificate to reinforce all scrambling and encryption processes in order to protect all sensitive payment data as effectively as possible.

Fight against credit card fraud

FanAvenue reserves the right to verify the personal data communicated by the Customer and to adopt all measures deemed necessary to verify that the person whose bank account is debited is indeed the one who placed the Order, in order to avoid any fraudulent payment. This verification may take the form of a request for proof of identity and/or residence and/or bank documents (bank details or cancelled cheque). Failure by the Customer to respond to such a request within five (5) days of the request made by FanAvenue shall automatically result in the cancellation of the relevant Order. FanAvenue shall also be at liberty to proceed with the direct cancellation of an Order that presents one or more risk factors of fraudulent use of a credit card.

Payment by any other means

In the event of payment by check, bank transfer, Paypal or any other means authorized by FanAvenue, delivery times shall only begin to run from the date of actual receipt of payment or, where applicable, the deposit, by FanAvenue.

9- INVOICES

Invoices are issued at regular intervals by FanAvenue on the basis of deliveries made. Once the order has been validated, the invoice is sent to the Customer to the e-mail address previously provided to FanAvenue. In the event of an invoice dispute, either before or after the delivery of the corresponding Order, FanAvenue reserves the right to suspend the customer's account until the disputed situation has been resolved and to suspend the preparation of any Orders in progress, even if the latter have not been disputed by the Customer.

10- WARRANTY

In accordance with the provisions of the French Consumer Code and the French Civil Code, all products sold on the Web Site are covered by the legal warranty of conformity (as defined in articles L.217-4 et seq. of the French Consumer Code) and by the warranty against hidden defects (as defined in articles 1641 et seq. of the French Civil Code). The application of these guarantees allows the Customer to return the defective or non-compliant products delivered free of charge.

Legal guarantee of conformity

The legal guarantee of conformity is defined as follows by the Consumer Code:

Article L.217-4: "The seller delivers a good that conforms to the contract and is responsible for defects in conformity existing at the time of delivery.

He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L.217-5: "The goods conform to the contract:

1° If it is fit for the purpose usually expected of a similar good and, if applicable :

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;

- if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L.217-12: "The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good."

Warranty against hidden defects

The warranty against hidden defects is defined as follows by the Civil Code:

Article 1641: "The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them."

Article 1648: "The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity."



It is reminded that within the framework of the legal guarantee of conformity, the Customer as a consumer :

has a period of two years from the delivery of the goods to act against his seller;

may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good. This period is extended to 24 months from March 18, 2016, except for used goods.

The legal guarantee of conformity applies independently of the commercial guarantee that may eventually cover your good. It is recalled that the consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Within the framework of the legal guarantee of conformity and according to the choice made by the Customer, FanAvenue, undertakes :

- to replace the product by an identical product depending on available stocks, or alternatively

- to refund the price of the product if the replacement of a product proves impossible.

Within the framework of the legal guarantee of hidden defects and according to the choice made by the Customer and after evaluation of the defect, FanAvenue undertakes :

- to refund the full price of the returned product, or alternatively

- to refund a part of the price of the product if the Customer decides to keep the product.

11- RETRACTION - RETURN - CANCELLATION - REFUND

Products sold on the Website benefit from the "satisfied or reimbursed" clause for fourteen (14) days from the date of receipt of the Products by the Customer, without the Customer having to give reasons for his decision, in accordance with the provisions of articles L.221-18 and following of the Consumer Code.

Right of withdrawal

The Customer may exercise his right of withdrawal in accordance with the provisions of the Consumer Code and by means of the form in the Annex to these GTC, he is free to opt either for the exchange of the returned Product(s), or for their reimbursement.

If the Customer opts for a refund of his/her Order, his/her request shall be taken into account only after the seller has received the returned Product(s). In all cases, only the price of the returned Product(s) and the shipping costs will be refunded. The refund will be made by crediting the payment method chosen by the Customer at the time of payment. The refund period by the seller shall not exceed 14 days from the date of return of the Product(s) to FanAvenue. The cost of returning the Products shall be borne by the Customer.

In the event that the Customer has exercised his/her right of withdrawal within the fourteen (14) day period from the date of receipt of the Order and in the event that the Products have been used or damaged, FanAvenue reserves the right to claim damages for the loss suffered as a result of such use or damage.

Refund or Exchange

The Customer exercising the right of return is free to opt for either the exchange of the returned Product(s)

If the Customer opts for the exchange of the item(s) of his/her Order, he/she must return the unwanted product(s) at his/her expense. The Customer's request shall be considered only after the Seller has received the returned product(s). The Customer must explicitly specify the item(s) to be exchanged as well as the size. If the amount of the new Order is higher, the Customer will have to pay the additional costs. If the amount of the exchanged Order is lower, FanAvenue will refund the amount by crediting the payment method chosen by the Customer at the time of payment, within a period of less than 15 days. The time period for the return of the new item(s) by the Seller shall not exceed 15 days from the date of receipt of the package. The seller shall bear the costs of the second shipment.

The Products must be returned in perfect condition for resale, properly protected in their original packaging, accompanied by any accessories, instructions and documentation. Upon receipt of the products, FanAvenue has thirty (30) days to check them, validate the procedure, exchange the product for the identical one, propose a product of the same value or accept the refund.

It is the customer's responsibility to contact their bank to verify, confirm and validate the refund, as FanAvenue has no authority over events that occur after the payment order has been placed with their bank.

12- AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE

Pursuant to the provisions of Article L.221-28 of the Consumer Code, certain products cannot be the subject of the right of withdrawal, in particular "audio or video recordings or computer software".

As regards specifically computer software, they are and remain the exclusive property of the manufacturer and its licensor. No transfer of ownership can therefore be made of the software. Only a user's license is granted. The user may not, in any form whatsoever, transfer, concede, communicate or lend the software, whether in return for payment or free of charge, nor reproduce it. As Fanavenue acts as an intermediary, it cannot be held responsible for the content of CD ROMs, DVD ROMs or software developed by the various publishers. The Customer must take all necessary measures to protect his own data, software and computers against the contamination of viruses that may circulate on the Internet or be contained in software sold by FanAvenue, which cannot be held liable for any compensation for damages that may be suffered by the Customer due to computer viruses.

13- RETENTION OF TITLE

FanAvenue retains ownership of the products sold until the effective payment of the full price in principal, expenses, taxes and mandatory contributions included.

14- PERSONAL DATA

As a data controller, FanAvenue collects personal data from the Customer. This personal data is necessary for the management of the Order. The purposes, recipients and conditions under which FanAvenue collects and processes the Customer's personal data are specified in the "Personal Data" and "Cookies" charters present on the Website.

15- EVIDENCE

The Customer acknowledges and accepts that the data recorded in the computer system of FanAvenue and its partners such as the carriers to whom FanAvenue has entrusted the products for delivery to the Customer, or the data recorded by the banking services used by FanAvenue, constitute proof of all transactions between FanAvenue and its Customer. FanAvenue shall systematically confirm to the Client the Orders placed with it on the basis of said data.

16- CUSTOMER SERVICE - MEDIATION

The Customer may contact FanAvenue's Customer Service Department for any additional information, any questions regarding the follow-up of an Order or a return, or for any complaints regarding the Order. The Customer may contact FanAvenue's Customer Service Department by telephone at: 05.58.58.52.00 (price of a local call from France, depending on the operator), Monday through Friday, excluding holidays, from 9:00 a.m. to 6:00 p.m., or by e-mail àfans@fanavenue.com.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, FanAvenue adheres to the Service of the E-commerce Mediator of the FEVAD (Federation of E-commerce and Distance Selling) whose coordinates are as follows: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr.

In the event of a complaint that has not been resolved amicably by FanAvenue's Customer Service and after prior written contact with FanAvenue, the Customer may refer the matter to the Mediator Service for any consumer dispute that has not been resolved. For information on how to contact the Ombudsman: http://www.mediateurfevad.fr/index.php/espace-consommateur/.

The European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement of online disputes between consumers and professionals in the European Union by extrajudicial means. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

17- LIMITATION OF LIABILITY

The photographs and texts reproduced and illustrating the products presented by FanAvenue in its catalogs and commercial proposals are not contractual. The Customer is invited to refer to the description of the characteristics of the Products as mentioned on the Website. Accordingly, FanAvenue shall not be liable for any errors in any of these photographs or texts. FanAvenue shall not be held liable for simple errors or omissions that may have occurred despite all precautions taken in the presentation of the products.

19- HEADINGS

The headings of the articles contained herein are for convenience of reference only. They may not be used to interpret, limit or modify these terms.

20- APPLICABLE LAW AND JURISDICTION

The present GTC are governed by French law. This applies to both substantive and formal rules.

THE FRENCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTE RELATING TO THE GENERAL TERMS AND CONDITIONS OF SALE, IN PARTICULAR THEIR VALIDITY, INTERPRETATION, EXECUTION OR TERMINATION, NOTWITHSTANDING THE PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE PROCEDURES IN APPEAL OR ON PETITION.

21- PERSONAL DATA PROTECTION CHARTER

Charter available on this page.

APPENDIX : MODEL OF WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of FanAvenue customer service - 11 rue de la cotterie - Z.A Casablanca - 40230 Saint Vincent de Tyrosse - France - or by e-mail to fans@fanavenue.com.

I hereby notify you of my withdrawal from the contract for the sale of the goods below:

Ordered on ___________(*)/received on ____________(*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only if notifying this form on paper):

Date:

(*) Delete as appropriate.

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