Website Publisher
This website (www.finoptim.eu) is owned by Finoptim SAS (simplified joint-stock company – société par actions simplifiée) with a share capital of €32,899.00, whose registered office is located at:
13 impasse Charvet, 38600 Fontaine – France
Registered with the Grenoble Trade and Companies Register (RCS Grenoble) under number 797423985
SIRET: 79742398500028
NAF code: 2752Z
EU VAT number: FR58797423985
Phone: +33 (0)4 58 00 19 55
The website’s Publishing Director is Mr Baptiste PLOQUIN: contact@finoptim.eu

Website Creation
ROBIN ET ROBIN
11 rue de St Cyr
69009 Lyon, France
Phone: +33 (0)6 74 29 02 05
eric@robin-studio.com
www.robin-studio.com
SIRET: 812 674 448 00020
EU VAT number: FR39 812 674 448

Website Hosting
O2SWITCH, whose registered office is located at:
222 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand – France
Phone: +33 (0)4 44 44 60 40
Email: commercial@o2switch.fr

Access to the Website
Users of the website www.finoptim.eu acknowledge that they have the skills and resources required to access and use this website. They are therefore required to comply with the provisions of French law relating to information technology, files and civil liberties, the violation of which may result in criminal penalties. In particular, users must refrain from collecting personal data, misusing such data, or, more generally, from any action likely to infringe the privacy or reputation of individuals.
The website www.finoptim.eu is the property of Finoptim S.A.S, with a share capital of €32,899, whose registered office is located at 13 impasse Charvet, Fontaine (38600), France. FINOPTIM is registered with the Grenoble Trade and Companies Register (RCS Grenoble) under number 797423985.
FINOPTIM S.A.S is subject only to a best-efforts obligation regarding the information made available to users accessing the website www.finoptim.eu.
Although FINOPTIM S.A.S has taken all reasonable steps to ensure the reliability of the information contained on this website, FINOPTIM S.A.S cannot be held liable for any errors, omissions, or for any results that may be obtained through the use of such information. FINOPTIM S.A.S may provide links from its website to other websites. These websites are fully and legally independent. FINOPTIM S.A.S cannot be held responsible for their content, products, advertisements, or any elements or services presented on such websites. These websites are subject to their own terms of use and personal data protection policies.

Terms and Conditions of Sale
These Terms and Conditions of Sale are entered into, on the one hand, by Finoptim SAS, whose registered office is located at 13 impasse Charvet, 38600 Fontaine, France, registered with the Trade and Companies Register under number 797423985, hereinafter referred to as “Finoptim”, and, on the other hand, by any natural or legal person wishing to make a purchase via Finoptim’s website, hereinafter referred to as the “Buyer”.

These Terms and Conditions of Sale are intended to define the contractual relationship between Finoptim and the Buyer, as well as the conditions applicable to any purchase made via Finoptim’s online store, by email, by telephone, by fax or by post, whether the Buyer is a professional or a consumer. The purchase of a product or service through this website implies the Buyer’s full and unconditional acceptance of these Terms and Conditions of Sale. These Terms and Conditions of Sale shall prevail over any other general or specific terms and conditions not expressly approved by Finoptim. Finoptim reserves the right to modify its Terms and Conditions of Sale at any time. In such case, the applicable terms shall be those in force on the date the order is placed by the Buyer.

Characteristics of the products and services offered :

• The products and services offered are those listed in the catalogue published on Finoptim’s website. These products and services are offered subject to availability. Each product is accompanied by a description enabling the Buyer to understand its essential characteristics and price.
• The catalogue photographs are as accurate as possible but cannot guarantee perfect similarity with the product offered, particularly with regard to colours.
• The Buyer selects the product(s) they wish to purchase. The Buyer confirms their choice of product(s) and acknowledges and accepts these Terms and Conditions of Sale by clicking the validation button. The Buyer then receives an email confirming that their order has been received. However, the sales contract entered into between the Buyer and Finoptim is subject to a resolutory condition that the product(s) be available. Finoptim undertakes to confirm and/or deny the availability of the ordered product(s) within five (5) business days following receipt of the relevant information. In the event that the same product is ordered simultaneously by several Buyers, and depending on the availability of such product (scarce product, unique item, second-hand item), it will be sold only to the first Buyer to place and register their order. The order will then be cancelled for the other Buyers. Once the availability of the ordered product(s) has been confirmed or denied by Finoptim, an email will be sent to the Buyer to inform them whether the product(s) are available. If Finoptim confirms the availability of the ordered product(s), the resolutory condition attached to the sales contract between the Buyer and Finoptim shall be lifted. Finoptim therefore makes a firm commitment to deliver the products within the specified timeframe, and the Buyer’s bank account will be debited for the amount of the order. If the availability of the product(s) is not confirmed, the contract between the Buyer and Finoptim shall be automatically terminated, and each party shall be released from its obligations. In particular, the Buyer is assured that their bank account will not be debited. However, this termination shall apply only to the contract relating to the sale of the unavailable product(s). If Finoptim confirms the availability of all or part of the products ordered by the Buyer, such products will be shipped by Finoptim in accordance with the terms and conditions set out for this purpose.

The purchase price of the product is set by Finoptim. It is indicated in euros, including all taxes (incl. VAT), on the product description page, but excluding delivery costs. Delivery costs are added before the order is confirmed, according to the pricing scale specified below.

The catalogue prices, including all taxes (incl. VAT), take into account the VAT rate applicable on the date of the order. Any change in the applicable VAT rate may be reflected in the price of the products or services.

Payments made via the PayPal service are processed exclusively by credit/debit card.

Finoptim reserves the right to change its prices at any time, it being understood that the price shown in the catalogue on the date the order is placed shall be the only price applicable to the Buyer.

Shipping costs are charged to the Customer based on the weight of the parcel (excluding delivery packaging), the delivery location, and the selected carrier or shipping method. They are indicated to the Customer before the order is finally confirmed.

The Buyer wishing to purchase a product or service must:

• complete the identification form by providing all required contact details;
• validate the order after checking it;
• make payment under the applicable conditions;
• confirm the order and payment.

Order confirmation implies acceptance of these Terms and Conditions of Sale, acknowledgement of full understanding thereof, and waiver of the right to rely on the Buyer’s own purchasing conditions or any other terms. All data provided and the recorded confirmation shall constitute proof of the transaction. Confirmation shall constitute signature and acceptance of the operations carried out. Finoptim will send confirmation of the recorded order by email.

The Order Date is deemed to be:

• the date the order is validated by the Customer in the case of online card payment;
• the date the cheque or bank transfer is received. However, this validation date is subject to the conditions related to the anti-fraud checks implemented by Finoptim. Additional administrative documents may be requested in order to verify the identity of the person placing the order (see the “Checks to prevent fraud” section below). In such case, the Order Date will be either the date indicated above or the date the requested documents are received—whichever is later. The timeframes indicated on Finoptim’s website shall begin only from this Order Date as defined above.

The Customer is responsible for the accuracy and completeness of the information provided in their Customer account and order, in order to ensure proper processing. In particular, the Customer is solely responsible for their address and the delivery address indicated for the order.

Finoptim cannot guarantee the consequences of such errors and shall not be held liable for any additional delivery delays or additional shipping costs.

Any costs incurred by Finoptim as a result of errors or inaccuracies in the information provided by the Customer shall be borne by the Customer, in particular the costs related to reshipping the order.

In order to prevent fraudulent use of payment methods, Customer accounts and delivery addresses, and to further secure Customer transactions, Finoptim carries out checks on orders placed by its Customers.

As part of these checks, the Customer may be asked to provide supporting documents such as proof of identity and/or proof of address, and for companies, a Kbis extract issued within the last three (3) months.

If such supporting documents are not provided, or if they do not make it possible to establish with certainty the identity of the person placing the order and the validity of the address, Finoptim may cancel the order. In such case, refunds relating to these orders may not be processed without additional checks required to identify the person who paid for the order.

Accordingly, a payment made by credit/debit card will be refunded only and directly to the bank card account used to pay for the order. A refund by cheque will be sent only to the address shown on the cheque book, unless proof of a new address is provided.

The Buyer may submit, within twenty-one (21) days from receipt of the Product, any claim relating to the Product, according to the following criteria:

• Product not received: the Product has not been received by the Buyer.
• Non-compliant product: the Product received does not correspond to the Product ordered.
• Damaged product: the Product received is damaged or broken. Disputes are handled directly between Finoptim and the Buyer. Finoptim and the Buyer shall use their best efforts to reach an amicable settlement of the dispute. Depending on the situation, the reported dispute may result either in the return of the ordered Product or in a refund.

Payment is due at the time the order is placed. Orders placed on Finoptim’s website must be paid by credit/debit card via a secure SSL payment system, namely PayPal.

For orders placed by email, the Buyer may pay by credit/debit card via PayPal or by cheque.

The Buyer’s account will be debited only when the available products or services are dispatched, and only for the amount corresponding to the products or services actually shipped.

“Delivery means the transfer to the consumer of physical possession or control of the goods.” Finoptim undertakes to deliver your order within a maximum of twelve (12) weeks (except for Flama fireplaces), in accordance with Article L.138-1 of the French Consumer Code. Finoptim undertakes to inform the Buyer of any delays that may occur (delivery issue, supplier restocking, etc.).

Deliveries are made to the address indicated on the order form, which must be within the agreed geographical area. The risks are borne by the Buyer from the moment the products leave Finoptim’s premises.

In the event of damage during transport, a reasoned claim must be submitted to the carrier within three (3) days of delivery.

Delivery times are provided for information purposes only; if they exceed thirty (30) business days from the date of the order, the sales contract may be terminated and the Buyer refunded.

In the event of a strike affecting postal services, carriers, or any other exceptional event likely to slow down or prevent delivery of parcels, Finoptim will use all reasonable means to inform the Customer of the shipping status, but cannot be held liable for any resulting delays.

The preparation of an order may, unless the product is out of stock, generally take up to five (5) business days, including in particular order processing, product preparation, packaging and invoicing, before dispatch of available products. This timeframe begins on the Order Date. However, depending on the payment method chosen, this timeframe may vary.

For example:

• For online payment by credit/debit card, the timeframe is 5 business days;
• For bank transfer, this timeframe is extended by the processing and validation time required by the bank (approximately 7 business days);
• For payment by cheque, the 7 business day timeframe begins on the date Finoptim receives the payment.

After ordering an Open Insert: manufacturing and delivery: 10 to 12 weeks.
After ordering a Flama fireplace: manufacturing and installation: 12 weeks.
After ordering Origine and Faro: delivery: 2 weeks.

Finoptim informs its Customers that these timeframes do not include Saturdays, Sundays or public holidays. The timeframes mentioned in the examples above do not take into account any anti-fraud checks referred to in the “Checks to Prevent Fraud” section. Shipping timeframes always begin on the Order Date as defined above.

The dispatch timeframe shall begin from the order date, or from the closing date in the case of an event sale, whichever is later.

In the event that the ordered products are out of stock, the Customer will be informed by email or by phone. The five (5) business day timeframe will apply from the date the out-of-stock products are received.

In the event of partial unavailability of the Products, Finoptim may split shipments. Available products may be shipped first, and the remainder of the order will be shipped once the other products become available, at no additional cost to the Customer.

An email is automatically sent to the Customer when the products are dispatched, provided that the email address entered in the registration form is correct.

Standard delivery

We use a carrier specialised in delivering bulky and/or fragile parcels to private customers. Delivery is made to your home (to the entrance of your property or at the bottom of your building) by appointment, within a half-day time slot, excluding weekends, in mainland France (excluding Corsica, islands not connected by a bridge, and overseas territories), within three (3) business days after your order has been dispatched (a confirmation email will be sent to you). This timeframe is provided by our carrier.

Our carrier will schedule an appointment to ensure you are available and to confirm the delivery date and time slot. Your parcel will be delivered to the entrance of your home or at the bottom of your building, and presented once for signature of the delivery note.

You can track your parcel on the carrier’s website. The parcel number and tracking details are included in the shipping confirmation email we send you when your order is dispatched.

Parcel Shipping

Parcels are generally dispatched within 48 hours after receipt of your payment. The standard shipping method is Colissimo tracked delivery, delivered without signature. If you would like delivery with signature, an additional fee applies—please contact us.

Regardless of the shipping method chosen, we will provide you as soon as possible with a link allowing you to track your parcel online.

Shipping costs include packaging, handling and postage. They may include a fixed component and a variable component depending on the price or weight of your order.

We recommend grouping your purchases into a single order. We cannot combine two separate orders, and shipping costs will therefore apply to each order.

Your parcel is shipped at your own risk. Particular care is taken with parcels containing fragile products.

Parcels are oversized and securely protected.

Open Insert Warranty

Finoptim guarantees the proper operation of the Open Insert, provided that the conditions of transport, storage, use and, above all, installation are respected. The warranty does not cover minor defects such as paint chips, etc., caused by transport, improper use or overheating of the Open Insert.

Refractory bricks are not covered by the warranty.
Please do not hesitate to ask our specialists for advice.

The warranty is valid for two (2) years against any manufacturing defects (welding defects, for example).

You can contact Finoptim After-Sales Service at +33 (0)4 58 00 19 55, from 9am to 6pm, Monday to Friday.

Flama Warranty

Finoptim provides a two (2) year warranty on Flama fireplaces. The fireplace must be installed by a qualified RGE-certified professional, who will provide a ten-year installation warranty (decennial warranty) for the installation.

Faro & Origine Warranty

Finoptim guarantees the proper operation of FARO and ORIGINE, provided that the conditions of transport, storage, installation, use and maintenance are respected. The warranty does not cover minor defects such as paint chips, etc., caused by transport, improper use or overheating of FARO.

Please do not hesitate to ask our specialists for advice.

The warranty is valid for two (2) years against any manufacturing defects (welding defects, for example).

You can contact Finoptim After-Sales Service at +33 (0)4 58 00 19 55, from 9am to 6pm, Monday to Friday.

In the context of online sales, the Seller is bound only by a best-efforts obligation. The Seller’s liability cannot be engaged for any damage resulting from the use of the Internet network, such as data loss, intrusion, viruses, service interruption, or any other unintentional issues.

All elements of the Finoptim website are and remain the exclusive intellectual property of Finoptim. No one is authorised to reproduce, exploit, republish or use, in any manner whatsoever, even partially, any elements of the website.

Any simple link or hyperlink to the website is strictly prohibited without Finoptim’s prior written consent.

In accordance with the French Data Protection Act of 6 January 1978 (Loi Informatique et Libertés), personal information relating to Buyers may be subject to automated processing.

When a visitor registers, a customer places an order, or as part of other specific operations (open days, special events), Finoptim may collect personal data, i.e. information that makes it possible to identify an individual (first name, last name, postal address, email address, landline and mobile phone number, information about equipment, type of housing, etc.).

When the visitor or customer chooses to provide their personal data on www.barbecue-co.com
or via an in-store contact form, they expressly consent to the collection and use of their data in accordance with applicable legislation.

The visitor or customer may modify their subscription at any time via the hyperlink provided at the bottom of the offers received by email, or via the “unsubscribe” section.

When registering or creating a customer account, Finoptim may offer visitors or customers the option to receive promotional offers from Finoptim and, where applicable, from partners.

Finoptim reserves the right to collect data relating to the customer, including through the use of cookies.

Finoptim expressly offers visitors and customers the option to object to the disclosure of their personal data, and they may change their choice at any time on www.finoptim.eu, by contacting Customer Service, or by sending an email to contact@finoptim.eu.

Users have the right to access and rectify their personal data, in accordance with the French Data Protection Act of 6 January 1978.

Finoptim will archive purchase orders and invoices on a reliable and durable medium constituting a true and faithful copy, in accordance with the provisions of Article 1348 of the French Civil Code.

Finoptim’s electronic records shall be considered by the parties as proof of communications, orders, payments and transactions carried out between them.

These online terms and conditions of sale are governed by French law.

In the event of a dispute, jurisdiction is expressly granted to the competent courts of Paris, notwithstanding multiple defendants or third-party claims.