ARTICLE 1 - FORWARNING

Please read through these terms and conditions carefully before placing your order.

These terms only apply to individuals (The Client, what follows), not to commercial users, who are at least 18 years old and who have the legal capacity to contract for a delivery at the Client's address or a person of her choice with a usual residence address in the same country as the Client, in the same individual (Client) capacity. By using the Site and/or placing an order you agree to be bound by the terms and conditions set out below. Please also read our protection of personal information and data regarding personal information provided by you. Before placing an order, if you have any questions relating to these terms and conditions, please email our customer service team at contact@fybak.com.
All actions coming from the connection or use of the present Site are subject to French law. Only the French version of the Terms and Conditions (“Conditions Générales de Ventes" on this Site) has legal value.
We may change these terms from time to time without advance notice. Changes will apply to any subsequent orders received.

FYBAK Sarl
Capital: 10 000 euros.
Address: FYBAK   BP 39 -  06190 Roquebrune cap martin, France
SIRET number: 518 159 462 000 10.
TVA: FR4851815946200010

ARTICLE 2 - PRICE

All prices are shown in Euros. All prices are inclusive of VAT (where applicable).
The total cost of the order is the price of the products ordered plus the delivery charge.
The actual price charged to overseas customers will be subject to the exchange rate applied by the customer's credit or debit card company. Customers outside France will also be liable for any import duty, quotas, permits, product restrictions and other local requirements. Custom taxes are also for the customer. You are advised to check the latest applicable local requirements before placing an order.

All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorize payment, then you will be notified of this fact immediately, at the check-out stage.

We accept online payment in a secure environment with Visa, Mastercard, Maestro cards and PayPal.

 

ARTICLE 3 – ORDER

For any information, FYBAK is available to assist you at 00 33 811 260 122. 3.3 811 260 122.

FYBAK reserves the right to cancel or to refuse any order in case of justifiable motive such as defined by the relementation (dispute concerning a previous order, the abnormal request of the customer).

ARTICLE 4 - VALIDATION

The customer declares to have acquainted and accepted the present General Conditions of Sale before the signing of his order. The validation of the order is thus worth acceptance of these « General Conditions of Sale».
Except contrary proof, the recorded data by FYBAK constitute the proof of all the transactions spent by the customer and FYBAK company.
For payments by check and money transfers, the order will remain valid during 5 days. If the check or the money transfer did not reach in 5 days, the order will be cancelled.

ARTICLE 5 – AVAILABILITY

When the customer orders, he is informed about the availability of articles. Only the available products can be ordered.
In case, independently of our will, a chosen article is unavailable, an announcement of unavailability will reach the customer by e-mail as soon as possible. In this case, the customer can modify/cancel his choice, if he wishes it or asks for the order cancellation and his refund.

For the payment by check, in case of unavailability of all or any of the order, the refund will be made in the choice of FYBAK by credit on the bank account of the customer or by check at the latest in thirty days as from the payment of the sums paid by the customer. 
 

ARTICLE 6 -  SECURE PAYMENT

We employ the latest 128-bit encryption technology in all areas of the site which require you to provide your personal or account information, including online ordering, order status, catalog request and most contest forms. Your name, your personal information and especially your credit card number are safely stored in our systems behind our firewall. Once you type your personal information, it is sent instantly, encrypted, directly to our order processing system which is on a server separate from our internet server. To make sure you have the latest security features on your browser, you may want to download the most recent version of your favorite browser, which should have full SSL support.

The payment of purchases can be:

• by bank cards: visa, Credit cards, Master car
• by check under 5 days, denominated to FYBAK Sarl.

In case of payment by check, this one must be emitted by a bank taken up residence in Metropolitan France or in Monaco. The check has to reach FYBAK under 5 days. If not, the availability indicated at the time of the order will not be any more guaranteed, FYBAK will inform the customer of new delivery deadlin.

• or by money transfer under 5 days

Banking information:
Name of the bank: Caisse d’épargne côte d’azur
Code banque : 18315 - Code guichet : 10000 - Account number : 08000518974 - key RIB : 94
Code IBAN : FR76 1831 5100 0008 0005 1897 494

For the the safety of payments, the confidential data (card number 16 digits, expiry date, visual cryptogram) are encoded on the servers of FYBAK by using the safety standard SSL.
 

For the international payments:
 

• PAYPAL (the conversion of the exchange rate is automatically made during the PAYPAL transaction).
• By international Bank card. For the control of international credit card payments, FYBAK reserves the right to ask to the customer for any further information which can authenticate the transaction.

This control can extend the deadline for the validation of the order.
 

• Or by payment on PAYPAL web site (see conditions of account opening and functioning on the web site paypal).

ARTICLE 7 – RIGHT OF RETRACTATION

According to the law, the customer has a deadline of 7 days from the date of reception of his parcel to retract, whatever is the motive (except models engraved or personalized in his request). FYBAKprolongs this deadline in 30 days only for the products which do not have be the object of an adjustment of bracelet.
In case of request by the customer of an adjustment of the bracelet for a watch or a bracelet the deadline stays in 7 days only. 
If the customer wishes to retract, it is necessary to make the request by e-mail (contact@fybak.com) or by telephone (00 33 811 260 122) to obtain a number to indicate on the parcel. Expenses and risks of the transport being chargeable to the customer, FYBAK advises the return of the goods by registered mail or in follow-up post and advises to sign with the carrier an insurance corresponding to value of the product. This insurance stays chargeable to the customer and cannot be refund by FYBAK.

Incomplete, spoiled, damaged, or soiled items will not be accepted. The Client will have to check the state and conformity of delivered items at delivery. The Client, by signing the delivery receipt from the transport company, accepts the delivery. No complaint regarding the state of the delivered items will be accepted at a later date. In particular, if the package is in bad condition, the Client will open the package in presence of the transporter to check the state of the delivered item. If damaged, the damages will be detailed on the return notice and the Client will refuse the item. Any complaint to the transporter will be notified by email (contact@fybak.com) within the next 48 hours from the delivery.

The returns are to be made to FYBAK - BP 39 - 06190 Roquebrune Cap Martin, France in their original packing, complete (accessories, notice, box)


ARTICLE 8 – RETURNS

In the event of you having a complaint or problem with any aspect of our service or the products we offer, please inform us by email. We take all complaints extremely seriously and we will try to rectify any problem quickly and effectively. 

Our Customer Service representatives are available from 10:00 a.m. to 1.00 p.m. and 2:00 a.m. to 5.00 p.m (French time) Monday to Friday.
All complaints will be acknowledged and resolved as soon as possible. We will always keep you informed throughout the process of resolving your complaint and we will keep the details of your complaint confidential.

In all other cases, you can return the item at your cost, to the following address: FYBAK - Customer Service - BP 39 - 06190 Roquebrune cap martin, France. Returns MUST be repackaged in the exact same manner (including accessories, notice, guarantee...) that the items were shipped to you together with a copy of the purchase bill and of the return notice. Improper packaging on returns may disqualify you for a return, so please be diligent in your repackaging. Items returned damaged or in a condition that makes them unable to be resold will not be refunded.
The refunds of products in the mentioned will be made for the deadline lower or equal in 20 days after the reception of products by FYBAK and the refund will be made by credit on the bank account in case of credit card payment.

The set participation amount corresponding to the shipping and handling of the order will not be reimbursed. In the case of a defective item, the price of the item - as well as the set participation and return cost- will be reimbursed.

In the event of unfair or abusive returns, FYBAK reserves the right to refuse any future orders.

 

ARTICLE 9 – CUSTOMER SERVICE

For any information, FYBAK is available to assist you from Monday to friday from 10:00 a.m. to 1:00 p.m. and from 2:00 a.m. to 5:00 p.m French time, at 00 33 811 260 122. 
By email : contact@fybak.com  

By post : FYBAK, Service Client,   BP 39  - 06190 Roquebrune cap martin. France

ARTICLE 10  - After Sales Service

All the products benefit of the legal guarantee of correspondence and of the guarantee of the latent defects. The expenses of sending back to FYBAK of one or several articles are chargeable to the customer. For any return of parcel, the customer has to contact by e-mail FYBAK (contact@fybak.com) to get a return number and has to join a copy of the invoice and the guarantee of the product.
Then, FYBAK makes has commitment to make a follow-up with the suppliers in case of possible repairs. All the sold products benefit of one year guarantee based on the date of purchase.

Concerning products marketed by FYBAK, the guarantee does not cover:

• The replacement of consumables (batteries, bracelets)
• The abnormal or not corresponding use of products
• The damage due to the intervention of an unapproved repairer by FYBAK
• The damage resulting from a extern cause of the product (accident, shock, dumping)

Reminder on the waterproofness: FYBAK gave to the customer, on its site, a memento on the waterproofness of watches and advises the reading of it.


ARTICLE 11 – RESPONSABILITY

The proposed products are in accordance with the current French legislation. FYBAK cannot be considered as person in charge in case of non compliance with the legislation of the country where products are delivered. It is up to the customer to verify with the local authorities the possibilities of import or use of the products which the customer intends to order. Also the customer recognizes that, within the framework of the relocation of an order or a product towards another country than metropolitan France, he will be the importer (or the intracommunity buyer) for one or several concerned products. The customs duties, the local taxes, the import duties, or the taxes of State susceptible to be required are under its only responsibility.

The present photos on the www.fybak.com site have no contractual value, they are communicated with illustrative title. FYBAK invites the customer to refer to the description of every product to know the precise characteristics. In case of obvious error between the characteristics of the product and its representation and\or the conditions of the sale, FYBAK would not know how to see its involved responsibility.

FYBAK would not know how to be responsible in case of force majeure (disturbance, partial or total strike of postal services and\or transportation, fire, floods etc.)

FYBAK would not know how to be considered person in charge as any direct or indirect damage connected to a misuse or a not corresponding use of one or several products in particular: waterproofness, shock, breaking consecutive to a fall etc.

All items presented on the site www.fybak.com is conform to French legislation and norms that apply in France. 

In no event shall FYBAK be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance and accuracy of the information, products and materials on his web Site.

ARTICLE 12 – INTELLECTUAL PROPERTY

The site www.fybak.com is strictly reserved for personal use.

All brands, texts, commentaries, work, illustrations and images used on the FYBAK web site are protected by copyright laws, trademark laws, patent laws and rights of publicity.

They are the full and complete property of FYBAK. Any reproduction or representation, whether partial or in full, constitutes an infringement and could result in civil and/or penal action.


ARTICLE 13 - STRAIGHT AHEAD APPLICABLE - DISPUTES

The present contract is subjected to the French law.
The language of the present contract is the French language.
In case of dispute the French courts will be only competent.