These terms and conditions of sale are entered into on the one hand by FDMP, whose headquarters are in Tours, registered in the Tours trade register under number Tours 844 617 266, and on the other hand by any individual or legal entity wishing to make a purchase via the TM & Outdoor website, hereinafter referred to as the "buyer.
These terms of sale aim to define the contractual relationship between TM & Outdoor and the buyer and the conditions applicable to any purchase through the TM & Outdoor website, whether the buyer is a professional or a consumer.
The acquisition of a good through this website implies unreserved acceptance by the buyer of these terms of sale.
These terms of sale will prevail over any other general or specific conditions not expressly agreed by TM & Outdoor.
TM & Outdoor reserves the right to modify its terms of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
Characteristics of the goods offered:
The products are those listed in the catalog published on the site of TM & Outdoor. These products are sold within the limits of available stocks.
The photographs in the catalogue are as accurate as possible but cannot ensure a perfect similarity with the product, particularly with regard to colours.
The selling price of each product offered for sale on the TM & Outdoor website is expressed in euros.
The prices shown in the catalogue are inclusive of VAT (where applicable) in euros, taking into account the VAT applicable on the day of the order; any change in the rate may be passed on to the price of the products. Delivery costs (variable according to the geographical destination and/or the weight of the order) will be added to the sale price including VAT.
TM & Outdoor reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer. The prices do not include the costs of order processing, transport and delivery provided that they have taken place in the geographical areas provided below.
TM & Outdoor sells its products worldwide. A flat rate delivery charge will be added to the order price depending on the geographical area of the buyer.
The buyer, who wishes to buy a product must:
1. fill in the identification form on which he/she will indicate all the requested details or give his/her customer number if he/she has one;
2. fill in the online order form giving all the references of the chosen products;
3. validate his/her order after having checked it;
4. make the payment in the conditions provided;
5. confirm his order and payment
When ordering, the Customer agrees to provide the required information (name, addresses, telephone, email address, etc.) and, when validating his order, he is required, if he chooses to pay by credit card, to provide the number of the payment card and the expiration date. He/she guarantees that he/she is fully entitled to use said card, that the card gives access to sufficient funds to cover all costs resulting from the use of TM & Outdoor's services. Only persons legally capable of entering into contracts for the goods offered may order from the TM & Outdoor website.
Generally speaking, this means that any individual must be at least 18 years old to become a customer and order from the TM & Outdoor website. In order to limit the risk of fraud and to protect the interests of its customers, TM & Outdoor may carry out checks on the validity of payments made by credit card on the website. Once this control is completed, TM & Outdoor reserves the right to accept or refuse the order and, in the latter case, to refund the order by crediting the bank account that was debited at the time of the order.
Confirmation of the order implies acceptance of these terms of sale, acknowledgement of having full knowledge of them, and waiver of the right to invoke one's own terms of purchase or other conditions.
All data provided and the recorded confirmation will be considered proof of the transaction. The confirmation will be considered as a signature and acceptance of the operations carried out.
The seller will communicate by e-mail the confirmation of the registered order.
TM & Outdoor will do its best to process all orders, within the limits of available stocks. Orders will be processed in the order in which they are actually received by TM & Outdoor. Therefore, any claim related to the unavailability of a product will not give rise to any compensation or indemnity other than the simple reimbursement of the product if it has been effectively paid for.
TM & Outdoor reserves the right to refuse orders that give rise to a dispute. TM & Outdoor reserves the right to suspend or close the account of a Customer who contravenes the provisions of the Charter. Any person whose account has been suspended or closed may not order on the TM & Outdoor website without prior authorisation.
Goods remain the property of TM & Outdoor until full payment for the goods received has been received.
In the event of a request for exchange or refund, the return costs are at the customer's expense according to article L121-21-3 of the Consumer Code.
We take charge of all shipping costs if, and only if, we made a mistake in the supply of a product (wrong size, wrong color, wrong size, etc.)
In this case, please contact us before returning the wrong product.
Buyers, non-professional individuals, have a withdrawal period of fifteen days from the delivery of their order to return the product to the seller for exchange or refund without penalty, except for the cost of return. Orders placed by cheque for which the refund by cheque is less than 5 euros will be transformed into a credit note in the form of a discount voucher.
It is specified that TM & Outdoor will never be obliged, whatever the circumstances, to accept a return or any claim at the end of the period of reflection provided for in Article L121-16 of the Consumer Code or the period of return provided for in the "Deliveries" article of these terms.
Terms of payment:
The price is due at the time of ordering.
Payments will be made either by check, bank transfer, PayPal or credit card. Payments by credit card will be made through the secure system that uses SSL (Secure Socket Layer) so that the information transmitted is encrypted by software and that no third party can take cognizance during transport on the network.
At the request of the buyer, it will be sent an invoice on paper showing the VAT.
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area.
The risks are borne by the purchaser from the moment the products leave TM & Outdoor's premises.
In the event of damage during transport, a justified protest must be made to the carrier within three days of delivery. Deliveries are only made according to availability and in the order of arrival of orders and may be made in whole or in part. The delivery times are indicative and in no case a delay in delivery of less than 30 days from the receipt or good collection of payment can justify a request for damages, or a cancellation of order.
To the delivery time is added between 1 and 3 days of preparation in account, according to the availability of the products.
In case of return of an order following an impossibility of delivery (time of instance exceeded, wrong address of the recipient, etc), the customer is automatically warned by e-mail. If no news from the customer within 7 days from the notification by email, the seller reserves the right to cancel the order. The shipping costs will then not be refunded.
All products supplied by the seller benefit from the legal guarantee provided by articles 1641 and following of the Civil Code.
Except for the possibility of a breakdown when unpacking, TM & Outdoor will not be obliged to take back the product that has broken down and the Customer will have to contact the manufacturer's after-sales service (if it still exists). TM & Outdoor will do its best to provide the Customer with the contact details of the manufacturer's after-sales service
. In case of non-conformity of a product sold, requests for exchange or refund must be made by post to the following address TM & Outdoor 16 rue de Hollande 37100 TOURS, within thirty days of delivery.
The products offered comply with the legislation in force in France. SAS FDMP shall not be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is therefore up to the buyer to check with local authorities regarding the possibility of importing or using the products he or she plans to order.
The responsibility of SAS FDMP shall not be held liable in the event of improper use of its merchandise.
The seller, in the online sales process, is only bound by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, service interruptions, or other involuntary problems.
All elements of the TM & Outdoor website are and remain the exclusive intellectual property of TM & Outdoor.
No one is allowed to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or audio. Any simple link or hypertext link is strictly prohibited without the express written consent of La TM & Outdoor.
Personal data :
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, information of a personal nature relating to purchasers may be subject to automated processing.
TM & Outdoor reserves the right to collect information on purchasers, including by using cookies, and, if it so wishes, to transmit the information collected to commercial partners.
Purchasers may object to the disclosure of their details by notifying TM & Outdoor. Similarly, users have the right to access and rectify data concerning them, in accordance with the law of 6 January 1978.
The automated processing of information, including the management of e-mail addresses of users of the site has been declared to the CNIL on 26 September 2006, registered under number 1193925.
TM & Outdoor will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code for a period of four years.
TM & Outdoor's computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Settlement of disputes :
The present conditions of online sale are subject to French law.
In the event of a dispute, jurisdiction is given to the competent courts of Tours, notwithstanding multiple defendants or warranty claims.