Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Terms and Conditions of Sale (“the GTC”) determine the rights and obligations of the parties in the context of the online sale of Products offered by the company Fromflinders LTD (“the Company”).
1.2 Any Order placed on the Fromflinders website implies the prior and unconditional acceptance of these General Terms and Conditions of Sale, which are subject to Australian law. These GTC are therefore an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares having read them and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTC apply to any Order placed by a natural person of full age acting as a consumer. The Customer therefore certifies that he is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having full capacity to commit when placing an Order and undertakes to provide truthful information regarding his identity.
1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these General Terms and Conditions, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name of or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The General Terms and Conditions applicable to each Order are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These T&Cs can be viewed on the Company's website at the following address: https://www.fromflinders.com
and can be downloaded in pdf format.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order placement process
To purchase one or more Products on the site, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm their basket to proceed to the Order (1st click)
At this stage, the Customer is redirected to a page containing:
A summary of the selected Products, the corresponding prices, the terms and conditions and delivery costs. It is then up to them to check and possibly correct the contents of their basket.
These General Terms and Conditions. It is up to the Customer to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the General Terms and Conditions (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to pay for his Order.
After validating his Order and making his payment, the Customer receives, at the email address he provided to create his account, a confirmation message from the Company. This message contains, in pdf format:
The summary of his order (Selected product, price, terms and delivery costs);
The precise identification of the Company and its activity;
The Order number;
The terms, conditions and withdrawal form;
These General Terms and Conditions in pdf format.
In the event of non-receipt of confirmation of the Order, the Customer is recommended to contact the Company via the contact form on the site.
The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Cases of refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not compliant with the General Terms and Conditions;
Quantities ordered not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a bundle of consistent evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, the Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company accepts no liability for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in English. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The validity period of the offer of the Products as well as their prices are specified on the Company's websites.
3.2 Availability of Products
The offers of Products are valid within the limit of available stocks at our suppliers. This availability of Products is normally indicated on the specific page of the Product.
However, to the extent that the Company does not reserve stock (except in special cases of Products indicated as pre-order on the Product sheet), adding a Product to the basket does not absolutely guarantee the availability of the Product or its price.
In the event that a Product becomes unavailable after validation of the Customer's Order, the Company will inform the Customer immediately by email. The Order will be automatically cancelled and the Company will reimburse the price of the Product initially ordered, as well as any sum paid for the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRICE OF PRODUCTS
4.1 Reference price indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined according to the prices at which the Product is commonly sold in a range of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the range of brands is modified.
4.2 Modification of the prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated excluding tax, excluding customs duties and excluding shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.
The Products ordered will be invoiced on the basis of the price in effect on the site at the time of validation of the Order.
4.3 Price of the products
As many products are imported from outside Australia at the request of customers, the prices of the products sold through the websites are indicated in Australian dollars (AUD) excluding taxes (excluding GST and customs duties), unless otherwise stated. These prices are clearly listed on the product description pages. They are also indicated in Australian dollars (AUD) excluding taxes (excluding GST and customs duties), unless otherwise stated, on the product order page, and do not include specific shipping costs.
The prices of the products do not include the costs of packaging, handling, shipping, transport, insurance, and delivery to the specified delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the process of declaring and paying import VAT when clearing the Product through customs. The Customer may be asked to pay the import VAT. To the extent that this tax is not the responsibility of the Company, it cannot be held liable for the reimbursement of this tax.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these duties and amounts.
They will be the responsibility of the Customer and are their responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Customer to inquire about these aspects with the corresponding local authorities.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the entire price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in several installments, in particular with regard to the amount to be paid and its knowledge of the Customer concerned. However, the Company is under no obligation to grant such payment terms. In the event of a special situation, the Customer may make a request by contacting the Company's Customer Service at the following address contact@fromflinders.com
5.2 Payment methods
To pay for his Order, the Customer can choose between different payment methods:
Payment by bank card:
Only bank cards linked to a banking institution located in Australian or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by bank card are made via a secure payment platform and the information on the bank cards communicated benefit from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
It is emphasized that in the event of use of this payment method, the General Conditions of Use of Paypal, which are available on their site, are added to these General Conditions of Sale.
Payment by vouchers and/or promotional codes
The vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may cancel the Order outright.
Generally speaking, in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Company reserves the right to set up an Order verification procedure intended to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send by email or by post to the Company a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise information on the exact content of the information requested (to preserve the confidentiality of its data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY - CUSTOMS CLEARANCE - RECEIPT
6.1 Delivery
Before validating the Order, the Company will provide the Customer with information regarding the various delivery methods and their respective rates. Following the Customer's choice of delivery method, the Company will provide them with an estimate of the delivery time.
The Company will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In the event of a problem, the Company undertakes to communicate quickly with the Customer to inform them and seek an appropriate solution with them.
Air transport, shipping and/or delivery of the Product(s) will be fully covered by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer when placing the Order. However, any customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the methods chosen by the Customer, delivery will be made either to the address specified by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to carefully check the information provided for delivery because they remain solely responsible in the event of non-delivery due to incomplete or incorrect information.
6.2 Customs clearance
When purchasing, the Customer purchases the product tax-free and becomes the importer of the purchased product in their capacity as recipient of the Product.
They are therefore particularly responsible for the import and customs clearance processes of the product at the local customs offices. Depending on the price of their order, they may be asked to pay customs duties (for Products with a customs value greater than €150).
The Customer is solely responsible for the customs duty declaration process when clearing the Product through customs. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. The latter cannot therefore be held liable for the reimbursement of these duties.
6.3. Receipt
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
In the event of an anomaly being noted, the Customer must contact the Company's Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed after this deadline will not be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the deadline runs from the receipt of the last Product.
In the event of exercising the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.
7.2 Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
The supply of goods made to the consumer's specifications or clearly personalized;
The supply of goods likely to deteriorate or expire rapidly;
The supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
Of the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
Of the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
Concluded at a public auction;
During periods of high promotions, requests for exchanges and refunds will not be taken into account.
7.3 Terms of exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration expressing his intention to withdraw within the 14-day period mentioned above.
Standard model of withdrawal form:
For the attention of the Company Fromflinders LTD, 17 Hodgson St, 4370, Morgan Park, Australia
I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the Product below:
Name of the Product:
Date of order and receipt:
Order number:
Tracking number of the withdrawal request:
Customer name: Customer
address:
Customer signature: (only if this form is notified on paper
Date:
The Customer has 14 days from the sending of the notification of withdrawal to return the Product to the Company in its original packaging, the return costs being the sole responsibility of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow the Company to put them back on sale. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, the Company will reimburse the full amount paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only reimburse after receipt and verification of the condition of the returned Product.
This reimbursement will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 – WARRANTIES
8.1 Legal guarantees
The Company remains liable for defects in conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in the thing sold in accordance with Articles 1641 et seq. of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 et seq. of the Consumer Code), the Consumer Customer:
Benefits from a period of 2 years from delivery to act
Can choose between repair or replacement of the Product, subject to the cost conditions provided for by article L.217-9 of the Consumer Code
Is exempt from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.
The Customer may also decide to act under the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code
"The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or carried out under his responsibility. »
L.217-5 Consumer Code
« The good conforms to the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or in the labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
L.217-9 Consumer Code
« In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
L.217-12 Consumer Code
« The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
1641 of the Civil Code
« The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price for it, if he had known them. »
1648 of the Civil Code
"The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. […]"
8.2 Manufacturer's Warranty
Certain Products on sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.
The existence of this type of warranty is mentioned, where applicable, on the specific page of the Product.
If the Customer wishes to invoke this warranty, he/she should notify the Company by contacting Customer Service and should consult the terms of application of the warranty himself/herself, which are generally inserted in the box concerning the Product.
It is recalled that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, the data controller, collects a certain amount of mandatory personal data (including, in particular, surname, first name, delivery address, etc. which are marked with an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Customer to provide this information would make it impossible to process their Order.
This data is intended for internal use by the Company but may be transmitted to companies that contribute to the performance of the service, including in particular those that deliver the Products or process payments.
Regarding this personal data, the Customer has several rights:
Right of access to personal data concerning them;
Right of rectification and deletion if the personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and storage of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (in particular in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the storage, deletion and communication of your personal data
Right to withdraw consent to the performance of certain processing operations (processing operations carried out before the withdrawal of consent remain lawful)
Right to lodge a complaint with the CNIL.
The request must include the Customer's email address, surname, first name, postal address and must be accompanied by a copy of the front and back of the Customer's identity document.
A response will be sent to the Customer within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property on the Products sold.
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these General Terms and Conditions.
Article 11 - FORCE MAJEURE
The Company shall not be held liable for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The Company shall notify the customer of the occurrence of such an event as soon as possible.
Article 12 - EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary set forth herein, the Company shall not be held liable in any event for any loss or damage due to improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the T&Cs, or in general the applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site without the prior authorization of the Company.
Article 14 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
When each Order is placed, the Order summary is sent by email to the Customer and archived on the Company's website.
The archiving of communications between the Company and the Customer is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which the exchanges are recorded on a reliable and durable medium, are considered as proof of the communications, orders, payments and transactions between the Customer and the Company. They can be produced as proof of the Contract.
The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract.
The Customer will have access to the archived elements upon simple request to the address contact@fromflinders.com
Article 15 - NULLITY AND MODIFICATION OF THE GTC
If any of the stipulations of these GTC is null, it will be deemed unwritten, but will not result in the nullity of all the contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these GTC, whatever their frequency and duration, cannot constitute a modification of the GTC, nor generate any right whatsoever for the Customer.
Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GTC are subject to Australian law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national ombudsman. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.
Address: 17 Hodgson St, 4370, Morgan Park, Australia
Email: contact@fromflinders.com
Phone: +617 4585 8576