General conditions of sale

GENERAL CONDITIONS OF SALES

- Article 1 - Scope of application
- Article 2 - Products and Rights relating to Products
- Article 3 - Order
- Article 4 - Price - Payment
- Article 5 - Delivery
- Article 6 - Right of withdrawal
- Article 7 - Others
- Article 8/9 - Limitation of liability and accumulator-battery guarantee

- Article 10 - Special conditions

- Article 11 - Payment of your order in 3X No Fees

Article 1 – Scope of application

1 – 1 FXmodel is a registered trademark registered in the Nantes Trade Register.
These general conditions of sale apply automatically to any sale of Product(s) as defined in Article 2, marketed by FXmodel.
FXmodel reserves the right to adapt or modify these general conditions of sale at any time.
In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.

1 – 2 Any order(s), as defined(ies) in Article 3, expressly implies adhesion without reservation to these general conditions of sale which prevail over all other conditions.

1 – 3 The sale can take place in Metropolitan France, Corsica or Monaco as well as in the countries of the European Union.

1 – 4 For any information and/or complaints, the Buyer must contact:

• either by postal mail to: FXmodel, 37 rue du Nouveau Bele, 44470 Carquefou

• either by electronic mail:shop[@]fxmodelrc.com

• or by telephone: 02 40 97 36 15 (tel without surcharge)

Article 2 – Products and Rights relating to Products

2 – 1 The FXmodel product offers and prices are valid as long as they are visible on the website or from one of its partners, while stocks last.

The images, logos and texts used on this site are protected. Any unauthorized use of these is therefore prohibited.

2 – 2 The products we offer are “CE” certified and therefore authorized for marketing in the European Union.

All our products are delivered with instructions in French. In the particular case where a package does not contain a paper notice in French, FXmodel undertakes to make this supplement available to you in paper or digital form, according to our possibilities.

For any purchase for export or for the French Overseas Territories, you must check the specificity of the laws in force in the country concerned, whether for taxes, declarations, prohibitions, etc.

We cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered; it is up to you to check with the local authorities the possibilities of importing or using the products.

All our photos are non-contractual.

Article 3 – Order

3 – 1 The Buyer can place an order via the Internet.

The buyer must therefore complete the order form presented on the website fxmodelrc.com or its partner and proceed with payment operations via the system offered on the site or its partner.
By clicking on the "Validate" button, during payment, you confirm your order and declare that you accept the full nature of these general conditions of sale fully and without reservation, and accept your order. This confirmation as well as all the computer data recorded by FXmodel are considered as proof of our transactions.

3 – 2 Any order received by FXmodel is deemed firm and final subject to the provisions relating to the withdrawal period.

It will be the subject of an acknowledgment of receipt by electronic mail.

3 – 3 The order validation date corresponds to:

• The order date for an accepted CB payment

• Payment notification date for PayPal

• The date of receipt of the check in the case of payment by check and of receipt of the transfer in the case of bank transfer

3 – 4 Our product offers are offered within the limits of our available stocks.
For products not stored in our warehouses, offered with a notice "available within X days", our offers are valid subject to availability from our suppliers.
In this context, information on the availability of products is provided at the time of placing your order. This information comes directly from our suppliers, errors or modifications may exceptionally occur.

If, despite our vigilance, products prove to be unavailable after placing your order, we will inform you by e-mail or by post as soon as possible. You can then request the cancellation or exchange of your order by email: shop@fxmodelrc.com

Article 4 – Price – Payment

4 – 1 The prices of the products sold are those appearing on the website of FXmodel or its partner on the day of the order.
Product prices are expressed in euros, all taxes included, packaging and delivery costs excluded.
In the context of an order outside the CEE or DOM TOM and if the Buyer's address is located there, the sales prices as well as invoicing are carried out directly excluding taxes.

4 – 2 The amount of packaging and delivery costs is specified in Section 5 of these general conditions of sale.

4 – 3 The purchase invoice is visible and can be printed in your Customer Account, Section “My Orders” and can also be sent to you upon simple request.

4 – 4 Payments can be made by credit card, check, bank transfer, PayPal.
For payment by check, it must be issued by a bank domiciled in mainland France or Monaco.

4 – 5 The products remain the property of the company until full payment of the price.

However, from the moment of delivery (deposit of the package at the post office), the risks of the goods delivered are transferred to the customer.

4 – 6 The Credits (purchase vouchers or gift vouchers) are valid for 6 months from the date of issue of the latter

Article 5 – Delivery

5 – 1 The products paid for will be delivered to the delivery address indicated in the order, by LA POSTE or any other carrier.

Depending on the size and quantity of the products ordered and paid for, delivery may be made via separate shipments.
You must check the completeness and conformity of the information provided when ordering, in particular concerning the delivery address.

We cannot be held responsible for any possible entry errors and the resulting consequences (for example delays or delivery errors). In this context, the costs incurred for redelivery of the order would be your responsibility.

5 – 2 At the time of delivery, the buyer must check the external appearance of his package.

If it is deformed or damaged, if it is opened or seems to have been opened, if an abnormal noise is heard when the package moves, if it has been repackaged by the carrier (strapping, adhesive tape of the carrier ...), if an anomaly is apparent: In one of these cases, the buyer must check the contents of the package in the presence of the deliverer before signing. If you are refused this verification, or if products are missing or damaged, the buyer must not accept the package and must request its return to FXmodel. The buyer, after having refused the package, must also inform FXmodel via his customer area, by email or by telephone no later than 24 hours following receipt of the package.

In the event of damage or missing items, the customer must:

• Report your complaint to Customer Service via your customer area or by telephone, necessarily at the latest within 3 days following delivery for shipments in mainland France and at the latest within 21 days for international shipments, under penalty of foreclosure or DInadmissibilityé,

• Indicate clear, significant, precise and complete reservations on the transport documents,

• Confirm these reservations to the carrier by registered letter with acknowledgment of receipt within 3 days following receipt of the goods and send a copy of this letter to FXmodel

• Attach to the company photographs of the packaged package on all sides as well as photographs of the broken or damaged items.

In the event of the slightest problem upon receipt, it is essential that you keep the items in the condition in which they were delivered to you (accessories, instructions, packaging(s) and excess packaging(s) included).

If the products need to be returned, you will submit a return request to your customer area.

5 – 3 The amount of packaging and delivery costs, invoiced to the buyer is specified when taking the order

FXmodel reserves the right to modify the amount of packaging and delivery costs but undertakes to apply the rates in effect at the time of your order.

5 – 4 The delivery time may vary from the validation of your order according to the information provided on the site.

A delivery deadline is communicated to you before validation of your order, taking into account the choice of the desired carrier and the availability of the products.
The applicable delivery times are those indicated when validating your order.

Please note, however, that any order paid by check, bank transfer or cash mandate will only be processed upon receipt of the means of payment. Delivery times must be recalculated from the date of registration of this payment method.
In the event of a delivery delay, please contact our Customer Service. However, we invite you to first contact your post office or collection point. A career investigation will be opened at the request of FXmodel in order to locate your package.

Whatever the outcome of this complaint with the carrier, you can, after the theoretical delivery time, request reimbursement for your order from the company FXModel by registered letter with acknowledgment of receipt. FXmodel will then make this refund within 14 days following the date of receipt of your RAR letter.

5 – 5 FXmodel reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress of administration.

5 – 6 FXmodel cannot be held liable in the event of late delivery or out of stock if the non-execution or poor execution of the contract is attributable, either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

5 - 7 All our products are delivered with instructions in French. In special cases where the instructions are not delivered with the product and upon simple request from the buyer,www.fxmodelrc.comWill send the notice in French. The notices can also be consulted on:https://www.notice-modelisme.com/

5 - 8In the context of fuel orders, the only authorized carrier taking into account the type of product is the Calberson company. No other carrier may be chosen by the buyer.

Article 6 - Right of withdrawal and returns

6 – 1 Right of withdrawal

Do not hesitate to contact our customer service (either by telephone on 02 40 97 36 41 or via your customer area on the Do not contact us page) before exercising your right of withdrawal for any information you deem useful.

The right of withdrawal can be exercised within 14 days after receipt of your package
This period begins from receipt of the product(s) ordered.
When the 14-day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following working day.

In order to guarantee the best return processing, we invite you to make a return request (either by telephone at 0826 100 641 -0.15ct€/min- or via your customer area on the page Ncontact us, or via the form provided for this purpose.)

You will receive by e-mail an acknowledgment of receipt which will underline the fact that your withdrawal has been taken into account.

Return costs are the responsibility of the Buyer.

In the event of exercising the right of withdrawal, FXmodel will make the reimbursement no later than 14 days following the date on which the product was returned.

Refunds will be made:

• in the event of payment by check: by check addressed to the Buyer.

• in case of payment by credit card: by re-credit on the same bank card

• in case of payment by PayPal: by re-credit to the same PayPal account

• in the case of bank transfer: by check if the buyer lives in France or by Pay Pal if the buyer lives abroad.

Professional customers (BtoB):

In accordance with the Commercial Code, professional customers do not benefit from a withdrawal period.

6 – 2 Modalities of returns within the framework of the exercise of the right of withdrawal

To facilitate the processing of your return, we kindly ask you to accompany your return with a duplicate invoice.

When returning, we recommend that you over-pack the original packaging of your products, because we will only be able to take back, refund or exchange products returned in their entirety (packaging, cables, accessories, warranty coupons, batteries, charger, manuals, covers, covers, protections, accessories, etc.), and with their packaging. of origin. The whole must be intact and in a condition making possible the resale of the purchased product.

Failing this, FXmodel will be entitled to apply a discount on the returned product. In case the product has arrived unpackaged and/or damaged and/or used beyond the buyer's right of testing. FXmodel reserves the right to return the product in the same condition to the buyer, at the buyer's expense.

It is up to the customer to manage any possible disputes related to the return (breakage, loss) with the carrier they choose since they are the sender.

6 – 3 Returns as part of the After-Sales Service

In order to guarantee you the best treatment of the return, the effectiveness of the diagnosis and the speed of the intervention of the manufacturers, a return request must be made directly, indicating the reasons either by telephone on 02 40 97 60 41 or via your customer area on the contact us page.

The after-sales service return number must then be indicated in a marker on the package, accompanied by a copy of the delivery note or invoice - which serves as a guarantee - as well as the reasons for the return.

The products must be returned by Colissimo. Returns by other carriers may not be accepted by our receiving department.
It is up to the customer to manage any disputes linked to the return (breakage during transport, loss) with the Post Office.

Article 7 - Others

7– 1 Scope of these conditions

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

7– 2 Case of Force Majeure

All facts or circumstances that are irresistible, unpredictable and independent of the will of the parties are considered to be fortuitous events or force majeure exonerating liability.

In such circumstances, a reconciliation should be preferred in order to examine the impact of the Event and agree on the conditions under which the execution of the contract will be continued.

Article 8 - Guarantees

8– 1The buyer benefits from the legal guarantee against hidden defects and conformity which will apply in accordance with the law.

8– 2 The materials sold by FXmodel are intended for individuals. Consequently, FXmodel cannot be responsible held for the direct or indirect consequences linked to the use of the material in the context of a professional activity.

8– 3 The warranty does not cover normal wear and tear of a product or breakage resulting from its use. Nor does it apply to the repair of damage resulting from an external cause to the device (for example from an accident, from a shock, from lightning, from a storm, from the presence of water, (and more generally from any foreign bodies in the device, from a current fluctuation, from an oxidation of H), d'an installation or connection that does not comply with the specifications or requirements of the manufacturer, d'harmful use àthe good conservation of the device,'useàprofessional character,the use of peripherals, unsuitable accessories or consumables, or even disassembled or modified devices.

8– 4The buyer is informed that FXmodel is not the producer of the products sold on www.fxmodelrc.com, within the meaning of law 98-389 relating to liability for defective products. Consequently, only the producer, and not FXmodel, could be responsible for damage caused by a defect in the product. This producer responsibility applies to repair of damage resulting from injury to a person or property other than the defective product itself, in accordance with articles 1386-1 et seq. of the Civil Code.

8–5 For better treatment of items under warranty, taking into account in particular the greater availability of spare parts from our suppliers, we thank our buyers for kindly returning the equipment under warranty directly to the After Sales Service of the distributor concerned:

List of after-sales service addresses or the products distributed by these distributors must be sent directly:

MRC - Model Racing Car (THUNDER TIGER, HITEC, RC SYSTEM)
15 bis, Avenue de la Sablière
94370 SUCY EN BRIE
FRANCE
Tel. : +33-01 49 62 09 60
email: contact@mrcmodelisme.com

Avio & Tiger (FUTABA, HPI, SCORPIO, LRP)
Z.I. South - B.P. 27
84101 ORANGE Cedex FRANCE
Tel: +33-04 90 34 59 06

HORIZON HOBBY SAS (SPEKTRUM, E-FLITE, PARKZONE, HANGAR9)
11 Rue Georges Charpak
77127 LIEUSAINT
 Hotline: 0033 (0) 1.60.18.34.94.
Email: infofrance@horizonhobby.com
Individual hotline is open Tuesday to Friday from 1:30 p.m. to 3:30 p.m.

ROBBE (ROBBE)
J-M MESS
B.P. 12 - 6 rue Usson du Poitou
57730 FOLSCHVILLER
Tel: 03 87 94 62 58

GRAUPNER FRANCE
Service France
Gérard ALTMAYER
BP500-22
57601 FORBACH CEDEX
France
Tel: 03 87 85 62 12

MULTIPLEX
J-M MESS
BP 12
57730 FOLSCHVILLER
Fax: 03 87 94 62 58

T2M
B.P.6
Industrial Zone
F57380 Faulquemont
Tel: 03.87.29.25.23

A2Pro Promodel SAS
BP12
74371 Pringy Cedex
(please contact A2Pro before shipping a package in order to retrieve the after-sales service form).

For all brands other than those above, returns must be addressed to: FXmodel - 37 rue du Nouveau Bele - 44470 Carquefou

8–7 Any after-sales service intervention will be invoiced if the malfunction comes from one of the points mentioned in article 8-3. In this case Also the return costs will remain the responsibility of the buyer as well as any possible return shipping costs.

8– 8 For return conditions, refer to article 6-3.

Products returned without physical protection or poorly protected will not benefit from the guarantee. It is therefore up to the buyer to ensure that the returned products are protected during transport.

Article 9 - Limitation of liability and guarantee of Accumulators-Batteries

9– 1 Limitation of liability linked to Lipo-Life accumulators

FXmodel cannot be held responsible for the consequences of using a Li-ion or Li-Polymer battery which must comply with strict usage instructions to avoid any damage to the product and its environment.
FXmodel does not receive any guarantee that the consumer will respect the intensities, charge and discharge capacities, cycles, storage requirements, precautions for use, in the use that he or she will make of the accumulators in modeling applications.

In model use, the discharge may exceed the maximum specified by the manufacturer for the cells constituting the accumulator, particularly in the event of improper use/configuration of the battery from a charger or controller.
This is why the use of lithium ion / polymer batteries must be considered experimental for this type of activity.
There is no warranty, stated or made, by any manufacturer, distributor, seller or retailer regarding capacity, molecular life, storage, or discharge characteristics for the application intended for radio-controlled scale models, nor in other uses or aspects.

The use of lithium-polymer accumulators presupposes the fact that the user accepts this limitation of liability clause, he is therefore fully responsible for the consequences of their use and thus undertakes not to hold manufacturers, sellers, distributors or retailers (including owners and employees) from any accident, injury, death of a person or damage to property.

FXmodel is therefore released from any liability concerning the use of lithium-polymer batteries, in particular the partial or total destruction of a scale model or of the battery, damage caused to the environment and to third parts, aging prematurely matured electronic or electrical elements.
This limitation of liability applies whether the battery was sold with a role model or separately.

9– 2 LiPo-LiFe-NimH battery warranty

The battery warranty no longer applies when the battery has been placed on a charger, used or discharged FXmodel having no means of verifying compliance with the conditions of use.
Any operation on the cables or sockets (installation, change, soldering) of the battery de facto cancels the warranty of the latter.
By purchasing these products, you automatically agree to the conditions specified and mentioned above.

10 Special conditions

FXmodel offers the reservation of a product indicated in the category "pre-order" at up to 15% of the announced selling price.
FXmodel reserves the right to modify this sale price at any time. In the case of a pre-order and a price modification, FXmodel will contact the customer within the week following this modification on the website to inform them of it. The customer will then have the possibility of withdrawing or confirming the pre-order at the new price.

The customer cannot withdraw from a registered pre-order because this commits FXmodel to its suppliers. However, if the deadline announced by FXmodel is exceeded by more than one month, then the customer may choose to be reimbursed. This reimbursement will take place within a maximum of 14 days from the customer's request and by the same payment method as the pre-order.

Once the product is received and ready to be shipped, FXmodel will notify the customer by email.
The balance of the order (remaining 85%) must then be paid by the customer according to the payment method of their choice: credit card, paypal or check.
If the order is not paid within 14 days, FXmodel is then entitled to cancel this order and will reimburse the customer within 14 days.

The customer may under no circumstances claim any damages or interest in the event that FXmodel cannot be supplied within the time frame given as an indication or in sufficient quantity.
In these cases of non-supply, the customer will be automatically reimbursed within 14 days.

11 - Payment of your order in 3X without fees from 100€ of Opurchases and up to 2000€ by credit card with Facily Pay

Our partner Oney offers you a financing solution called Facily Pay, which allows you to pay for your purchases from €100 to €2,000 in three installments with your bank card.

This offer is reserved for individuals (individuals of legal age) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the chosen financing.

Systematic authorization cards, notably Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express cards are not accepted.

After completing your order, simply click on the “payment in 3 or 4 installments by credit card” button.

You are then redirected to our partner's Facily Pay web page displaying the detailed summary of your order and the personalized financing request, which you must then validate.

You enter your personal information, read the general conditions of payment in installments to which you wish to subscribe and notify your electronic acceptance using the corresponding “C” check box.

You acknowledge that the “double click” associated with the check box on reading the general conditions constitutes consent to contract and constitutes irrevocable and unreserved acceptance of the general conditions of the product.

Unless proven otherwise, the data recorded by Oney constitutes proof of all transactions between you and Oney.

If you request to benefit from a financing solution offered by Oney, the information relating to your order will be transmitted to Oney, which will use it for the purposes of studying your request for the granting, management and recovery of the financing. credit.

Oney reserves the right to accept or refuse your financing request in 3 or 4 installments.

You have a withdrawal period of 14 days to waive your credit.

Facily Pay is a financing solution with contribution from One. Financing offer without insurance reserved for individuals subject to acceptance by ONEY - with capital of €29,020,680 - 40 avenue de Flandre 59170 Croix – RCS Lille Métropole 546 380 197 – n°Orias 07 023 261 www.orias.fr - Correspondence: CS 60006 -Lille cedex 9.

Examples:

Payment in 3 installments without fees from 100€ of purchase and up to 2000€

The deposit is debited on the day of your order, the monthly payments will be collected 30 days and 60 days later.

Example: For a purchase of €500 made on 10/01/2015, you pay a deposit of €166.68 then 2 monthly payments of €166.66 on 11/01/2015 and 12/01/2015.

Credit with a duration of 2 months at a fixed APR of 0%. Financing cost: €0.