Terms and conditions of use

General Terms and Conditions of Sale (GTC) for orders placed on the WWW.FREEGUN.COM website

 

We would like to present below our General Terms and Conditions of Sale, the purpose of which is to define the conditions under which WEBTEX processes orders placed on the www.freegun.com website.

 

The offers presented on our website www.freegun.com are intended exclusively for consumers entering into the sale for purposes that cannot be attributed to their trade or professional activity.

 

 

 

1.1 These General Terms and Conditions of Sale apply to all orders placed by consumers on the www.freegun.com website.

 

1.2 You acknowledge that, prior to submitting your order, you have read these General Terms and Conditions of Sale and have been provided, in a legible and comprehensible manner, with all the information listed in Article L.221-5 of the French Consumer Code. Validation of your order constitutes your unconditional acceptance of these General Terms and Conditions of Sale.

 

 

 

2.1 By placing an order, you declare that you are acting exclusively for private purposes.

 

2.2 On the www.freegun.com website, contracts are concluded exclusively in French.

 

2.3 The essential characteristics and prices of our products are indicated on the pages containing the detailed description of the products in the online store. The “Order” button allows you to confirm your order, which then becomes final, and a sales contract is thereby concluded. We will confirm receipt of your order by email.

 

For the purposes of these GTC, delivery means the first presentation of the item(s) at the address indicated during the customer’s ordering process.

 

2.4 Dispatch time: We dispatch the goods within 3 working days. The dispatch period begins upon receipt of your payment. If we are prevented from dispatching the goods by an event of force majeure or an unforeseen event, the dispatch period shall be extended for the duration of the impediment.

 

2.5 Delivery time: WEBTEX undertakes to deliver your order within a maximum period of thirty working days (30 days) from the first working day following dispatch of your order.

No request for reimbursement or reshipment of the ordered goods may be made against WEBTEX until this 30-working-day period has expired.

 

2.6 We reserve the right not to accept an order or to cancel an order:

- if it was placed using software, robots, web crawlers, web spiders or any automated system or scripted behavior of any kind, and by using third-party services to place an order on your behalf.

- in the event of an occurrence affecting our stock, including a bug, fire, flood or theft.

- if it presents one or more risk factors for fraudulent use of a bank card, or if the order is placed by a customer with whom there is a dispute relating to payment for a previous order.

 

2.7 If delivery cannot be completed due to an incorrect delivery address or failure by the customer to collect the parcel, the parcel will be returned to WEBTEX. No further reshipment can then be made. The customer will be refunded the amount of the item(s) ordered, less the amount of the shipping costs paid by WEBTEX.

 

 

 

3.1 Products are invoiced on the basis of the prices indicated in the offer at the time of the order. The prices shown are final prices, inclusive of all taxes at the applicable statutory rate. The goods remain our property until the sale price has been paid in full.

 

3.2 The prices of products displayed on www.freegun.com are:

* excluding delivery costs: depending on the amount of your order or the delivery method you have selected, delivery costs may be charged to you.

* excluding customs duties: for countries outside the EU and the French overseas departments and territories (DOM-TOM), you will be required to pay customs duties upon receipt of the order.

 

3.3 WEBTEX offers free delivery subject to certain conditions, namely: the amount of your order excluding delivery costs and the selected delivery address. These conditions are expressly detailed on our website www.freegun.com via the “INFORMATION” menu and the “DELIVERY” submenu.

 

3.4 Once delivery has been made, you are required to check immediately whether it is complete and whether the goods are damaged. Any irregularity must be reported by you to the carrier and to our customer service department within a maximum of 3 working days following the delivery date (the carrier’s delivery date being authoritative).

You must also ensure that the goods delivered correspond to your order. If the goods do not conform to the order, you must inform our customer service department within 3 working days at the latest (the carrier’s delivery date being authoritative).

 

 

 

4.1 We accept the following payment methods: credit card and the secure PayPal payment system. Depending on each order, we reserve the right not to offer certain payment methods or to offer others. We accept payments only from bank accounts held within the European Union (EU). Any costs associated with your payment are your responsibility.

 

4.2 In the case of a credit-card purchase, your account is debited on the day your order is dispatched.

 

4.3 You agree to receive invoices and credit notes in electronic form only.

 

4.4 In order to prevent identity theft or fraudulent payment, Webtex reserves the right to verify the personal data provided by the customer and to take any measures deemed necessary to verify that the person who placed the order is indeed the holder of the customer account and/or the payment method used. If you do not respond within two days (2 days), WEBTEX will cancel your order and refund the order concerned.

 

 

 

5.1 Vouchers and discount vouchers have an expiry date; they cannot be purchased and are non-transferable.

 

5.2 Vouchers and discount vouchers are valid only for the period indicated when they are issued.

 

5.3 In order to use a voucher or discount voucher, the value of the order must be at least equal to the amount of the discount. The difference between the amount of the voucher or discount voucher and the price of your order may be paid using any payment method offered.

 

5.4 To apply a voucher or discount voucher to an order, you must enter the voucher or discount-voucher code before submitting the order. Vouchers or discount vouchers cannot be applied to orders that have already been submitted.

 

5.5 If you used a discount voucher for your purchase, we reserve the right to charge you the non-discounted price of the goods where, as a result of a partial withdrawal, the total amount of the remaining order is less than or equal to the value of the discount voucher.

 

 

 

When purchasing FREEGUN items, you benefit from a statutory right of withdrawal.

Please note that for any return of goods, you must submit your request to our customer service department from your customer account or at [email protected]. Our customer service department will tell you how to proceed.

 

6.1 Information concerning the right of withdrawal: You have the right to withdraw from this contract without giving any reason within fourteen (14) days.

 

The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the goods or of the last item in the case of a partial delivery.

 

To exercise the right of withdrawal, you must notify your decision to withdraw from the concluded sale to:

WEBTEX

FREEGUN Customer Service

2 Rue de Dion Bouton - ZI du Fortuneau

26200 Montélimar

Telephone: 04 75 90 66 97

Email: [email protected]

 

This notification must be made by means of a clear statement (for example, a letter sent by post or an email). You may use the withdrawal form below for this purpose, but it is not mandatory.

 

You may also complete and submit the withdrawal form or another clear statement of withdrawal electronically, directly from your customer account or at the contact address [email protected].

 

To comply with the withdrawal period:

* you must send us your statement of withdrawal before the expiry of that period;

* the products must not have been used, opened or damaged;

* the products must be returned intact and unused in their original packaging. Where applicable, the packaging must retain its original seal.

 

6.2 Exception to the application of the right of withdrawal

 

In accordance with Article L. 221-28, paragraph 5, of the French Consumer Code, the statutory right of withdrawal is excluded for sealed items that have been opened after delivery and cannot be returned for reasons of health protection or hygiene.

 

 

6.3 Effects of withdrawal: In the event of a valid withdrawal, we will reimburse all payments received from you, including delivery costs, without undue delay and no later than fourteen (14) days from the day on which we physically receive the returned goods.

Return shipping costs remain exclusively at your expense.

Returns may be made using the method of your choice.

 

We will make the refund using the same payment method that you used, unless we expressly agree on a different payment method. The refund will not incur any fees for you.

 

You must send back or return the goods to us without undue delay and, in any event, no later than fourteen (14) days from the day on which you informed us of your statement of withdrawal.

 

This deadline is met if you dispatch the goods before the deadline expires.

 

You are liable for any loss in value of the returned goods if that loss in value results from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.

 

 

6.4 Model withdrawal form: (If you wish to withdraw from this contract, please complete this form and return it to us) To WEBTEX – FREEGUN Customer Service - 2 Rue de Dion Bouton – ZI du Fortuneau – 26200 Montélimar, France, Telephone: 04 75 90 66 97, email: [email protected]

 

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*) below

— Ordered on (*)/received on (*)

— Name of consumer(s)

— Address of consumer(s)

(*) Delete as appropriate

I certify that I have been informed of my right to terminate the contract for the sale of the goods identified above within fourteen (14) calendar days from receipt of said goods by me or by a third party designated by me, other than the carrier.

I certify that I have been informed that the return costs will be borne by me.

I certify that I have been informed that the goods must be returned intact, unused and in their original packaging, and that I cannot exercise my right of withdrawal in respect of sealed goods that cannot be returned for reasons of health protection or hygiene once they have been opened after receipt.

Date:

Signature(s) of consumer(s):

End of information on the right of withdrawal

 

 

 

7.1 Without prejudice to the statutory right of withdrawal from which you benefit, we grant you a right of return within thirty days (30 days) from receipt of the goods. Under this right, you may cancel your order in whole or in part even after expiry of the statutory fourteen-day (14-day) withdrawal period. For Freegun items, the right of return is exercised by returning the goods to us within thirty days (30 days) from receipt of the goods. The statutory provisions governing withdrawal apply only until expiry of the statutory withdrawal period. The right of return does not affect your statutory warranty and conformity rights, which you continue to enjoy without restriction.

 

7.2 The thirty-day (30-day) return period is intended to apply to sealed products that have been opened after delivery or whose seal has been damaged.

 

7.3 The return deadline is met if you dispatch the goods within that period. This right of return is granted to you only on condition that you have tried the goods solely to check the size, as you would in a store. The returned item must be intact, in perfect resale condition, with its label, complete and in its original packaging. Any item that is damaged or does not meet the requirements set out above will not be refunded or exchanged.

 

7.4 Items must be returned at your expense to the following address:

WEBTEX

FREEGUN Customer Returns Department

2 Rue de Dion Bouton

ZI du Fortuneau

26200 MONTELIMAR

 

7.5 You will be liable for replacement of the original packaging if it has been lost or damaged. In this situation, you may choose either to accept a partial refund due to the reduction in value of the returned item without its original packaging, the amount of which we will inform you of, or to recover the products at your own expense. In the latter case, if you refuse this delivery, we reserve the right to retain the item and the amount specified for the partial refund due to the reduction in value of the returned item.

 

7.6 If the customer refuses to pay any customs duties or taxes applied by the carrier for delivery outside the European Union, the parcel will then be returned to the sender. Delivery costs will remain payable by the Customer and will be deducted from the amount refunded for the order.

 

7.7 WEBTEX accepts returns only for products sold and dispatched by WEBTEX. Products sold and dispatched by WEBTEX may under no circumstances be returned to independent stores reselling the FREEGUN brand.

 

 

Unless you indicate otherwise or provide specific instructions, any refund will initially be made in the form of a voucher valid for one year (1 year), available directly from your customer account.

 

Upon simple written request, the voucher may be converted into a refund to the account you used to make the payment. If you paid by PayPal or credit card, the amount will be refunded to the bank account linked to that payment method.

 

Orders placed via a “guest” account will be processed immediately using the refund procedure to the payment method used for the purchase.

 

 

 

Our customer service department is available Monday to Friday from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 5:00 p.m. on 04.75.90.66.97.

 

You can also contact our team by email from your customer account, via

our “Contact Us” form or at [email protected]

 

 

 

10.1 Statutory warranty: All products marketed by WEBTEX benefit from the statutory guarantee of conformity and the statutory guarantee against hidden defects.

10.2 Statutory guarantee of conformity: WEBTEX undertakes to deliver conforming goods and is liable for any lack of conformity existing at the time of delivery. Pursuant to Article L217-5 of the French Consumer Code, the product conforms to the contract:

 

- If it is fit for the use normally expected of similar goods and, where applicable:

- If it corresponds to the description given by WEBTEX and possesses the qualities that WEBTEX presented to the customer in the form of a sample or model;

- If it has the qualities that a customer may legitimately expect in light of public statements made by WEBTEX, the producer or its representative, particularly in advertising or labeling;

 

Or if it has the characteristics defined by mutual agreement between WEBTEX and the customer or is suitable for any special purpose sought by the customer, made known to WEBTEX and accepted by WEBTEX.

In the event of a claim under the statutory guarantee of conformity

Any action arising from a lack of conformity is time-barred two (2) years from delivery of the product.

In the event of a lack of conformity, the customer shall notify WEBTEX without delay by post at the following address: WEBTEX – FREEGUN Customer Service – Zone de Fortuneau - 2 rue de Dion Bouton – 26200 MONTELIMAR (France), and shall choose between a credit note or a refund for the product. However, WEBTEX may decline to proceed in accordance with the customer’s choice if that choice entails a manifestly disproportionate cost compared with the other option, taking into account the value of the product or the significance of the defect.

Lack of conformity appearing within twenty-four (24) months from delivery of the product is presumed to have existed at the time of delivery, unless proven otherwise. The statutory guarantee of conformity applies independently of the commercial warranty granted by WEBTEX under these General Terms and Conditions of Sale.

10.3 Statutory guarantee against hidden defects: In accordance with Article 1641 of the French Civil Code, WEBTEX is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the customer would not have purchased it, or would have paid a lower price for it, had the customer known of them.

In the event of implementation of the guarantee against hidden defects

The customer may choose either to return the item and obtain reimbursement of the price, or to keep the item and obtain reimbursement of part of the price, as determined by experts where applicable.

Any action arising from redhibitory defects must be brought by the customer within two (2) years from discovery of the defect.

If a defect affecting a product is identified, the customer must return the product, in its original packaging, to the WEBTEX address stated above.

If the above conditions are met, WEBTEX will refund the product presenting such lack of conformity or proven defects whose origin is attributable to WEBTEX. The product must be returned to WEBTEX in its original packaging.

10.4 Commercial warranty: Products purchased on the www.freegun.com website may be refunded within the periods and under the conditions set out below.

 

 

Without prejudice to the provisions of the statutory warranty or the right of withdrawal, and subject to compliance with the provisions set out below, the customer may return any product ordered on the www.freegun.com website if it is not satisfactory, within thirty (30) days from the date of delivery of the product to the delivery address indicated by the customer (and, if the customer is absent, from the date of first presentation of the parcel containing the product).

 

The customer may return the product by going to the “Product Return” section of the customer account in order to register the return request, or by calling WEBTEX customer service on 04 75 90 66 97, which will explain the procedure to be followed.

 

After making this return request, the customer must return the product, in its original packing and packaging (which may have been opened), unworn, unwashed and bearing its original label, to the following address: WEBTEX – Customer Service – Zone de Fortuneau - 2 rue de Dion Bouton – 26200 MONTELIMAR (France), together with the invoice received by email when the product was dispatched.

If the above conditions are met, WEBTEX undertakes to refund the customer within fourteen (14) days after physical receipt of the goods. The amount refunded for the returned product will correspond to the price paid by the customer on the www.freegun.com website, less any discounts; the delivery costs for the product concerned will in all cases remain payable by the customer.

 

Warranty – Exclusion: Use of the product in a manner that does not comply with WEBTEX instructions and where the conditions of use are beyond WEBTEX’s control cannot give rise to a warranty claim.

The warranty shall not apply to replacements resulting from normal wear and tear of the product, deterioration or damage arising from negligence, lack of maintenance, poor storage conditions, failure to comply with WEBTEX care instructions, or the application (direct or indirect) of any non-neutral product (chemicals, bleach, etc.).

 

 

 

11.1 Only persons aged at least eighteen (18) may use the offers available on www.freegun.com.

 

11.2 Each customer is entitled to have only one account on the Freegun.com website. We reserve the right to delete multiple registrations.

 

11.3 You may consult these GTC on the www.freegun.com website. You may also print or save this document using the standard function of your Internet browser (generally “File” then “Save As”). You may also download and archive this document in PDF format by clicking here. Adobe Reader software (available free of charge at www.adobe.fr) or another program compatible with PDF format is required to read the PDF file.

 

11.4 You may also archive the GTC and the contractual terms of your order by downloading the GTC and saving either the summary of your order in the online store using your browser, or the order-confirmation email automatically sent to the email address you provided after your purchase. This order confirmation contains your order references as well as a link to consult these GTC. The order confirmation may be saved or printed using the corresponding function of your email software.

 

11.5 In the event of a dispute between the professional and the consumer, they shall endeavor to reach an amicable solution.

 

Failing an amicable agreement, the consumer may refer the matter free of charge to the consumer mediator applicable to the professional, namely the Association des Médiateurs Européens (AVENIR CONSO), within one year from the written complaint sent to the professional.

 

Referral to the consumer mediator must be made:

- either by completing the form provided for this purpose on the AVENIR CONSO website: www.avenir-conso.com

- or by post addressed to AVENIR CONSO, 197 Boulevard Saint-Germain - 75007 PARIS.”

 

All elements of the www.freegun.com website are and remain the exclusive property of Webtex and are protected by copyright and other intellectual property rights.
No person is authorized to reproduce, exploit, redistribute or use, for any purpose whatsoever, even partially, any elements of the website, whether software, visual or audio, whether belonging to Webtex or to a third party, and by any process whatsoever. Any simple link or hyperlink is strictly prohibited without Webtex’s prior express written consent.
No document from the www.freegun.com website may be copied, reproduced, published, downloaded, posted, transmitted or distributed in any manner whatsoever, except for simply saving documents on a personal computer for the purchaser’s personal, non-commercial use. Proprietary notices must remain intact. Alteration or modification of these documents, or their use for any other purpose, constitutes an infringement of the property rights of Webtex or third parties.

 

 

 

In accordance with the French Data Protection Act of 6 January 1978, as amended by Law No. 2004-810 of 6 August 2004, personal information relating to purchasers may be subject to automated processing. Webtex reserves the right to collect information about purchasers, including by using cookies, and, if it so wishes, to transmit the information collected to commercial partners.
Purchasers may object to disclosure of their contact details by notifying Webtex. Likewise, users have a right of access to and rectification of data concerning them, in accordance with the Act of 6 January 1978. To exercise this right to object or rectify, the purchaser is invited to write to Webtex SARL - Internet Department - 2 Rue Dion Bouton, 26200 Montélimar (France), or by email to the following address: [email protected]

 

WEBTEX is a simplified joint-stock company (société par actions simplifiée) with share capital of EUR 200,000, whose registered office is located at: 2 rue de Dion Bouton, 26200 Montélimar. It is registered with the Romans Trade and Companies Register under number 789 655 263.

 

Unique ID number: The unique identification number (IDU) is proof that the producer is duly registered in the register of the eco-organization and is up to date with its eco-contributions, as required by law. The IDU is intended to facilitate the monitoring and verification of compliance with EPR (Extended Producer Responsibility) obligations incumbent on producers.

WEBTEX IDU number: FR219257_11PTJQ