GENERAL TERMS AND CONDITIONS OF SALE OF FRAQUANE
Version effective as of August 10, 2026
Last updated: August 10, 2026
Preamble
These General Terms and Conditions of Sale, hereinafter the "GTCs", govern the sales of products and, where applicable, digital content or services offered by Fraquane SAS through its e-commerce ecosystem.
They define the rights and obligations of Fraquane and its Customers, particularly regarding pre-contractual information, ordering, pricing, payment, delivery, the right of withdrawal, returns, refunds, and legal warranties.
The GTCs complement the Terms of Use, Privacy Policy, Cookie Policy, Delivery Policy, and Return and Refund Policy. In case of conflict regarding a sale, these GTCs take precedence for matters directly related to that sale.
Article 1 — Seller Identification
Sales are made by:
Fraquane SAS
Simplified joint-stock company with a capital of 500 euros
SIREN: 794 817 296
Registered office SIRET: 794 817 296 00013
Toulouse Trade and Companies Register (RCS): 794 817 296
Intra-community VAT number: FR34794817296
Registered office: 171 Rue des Fontaines, 31300 Toulouse, France
Email address: support@ps.fr
Fraquane is hereinafter referred to as "Fraquane" or the "Seller".
Article 2 — Definitions
For the interpretation of the GTCs:
- "Customer" means any natural or legal person who places an Order;
- "Consumer" means any natural person acting for purposes that do not fall within their commercial, industrial, artisanal, liberal, or agricultural activities;
- "Professional Customer" means any person who orders for the needs of their professional activity;
- "Order" means any purchase validated through the Ecosystem;
- "Product" means any physical good, digital content, or service offered for sale;
- "Good" means a tangible product, including a good incorporating digital elements;
- "Digital content" means data produced and provided in digital form;
- "Digital service" means a service allowing the Customer to create, process, store, view, or share data in digital form;
- "Ecosystem" means the websites, domains, subdomains, and sales interfaces operated by Fraquane, in particular ps.fr, shop.ps.fr, and connected thematic domains;
- "Durable medium" means any instrument allowing information personally addressed to the Customer to be stored in order to be consulted later for an appropriate period.
Article 3 — Purpose and Scope of Application
The GTCs apply to any Order placed with Fraquane from the Ecosystem, regardless of the domain used, the country of consultation, the displayed language, or the terminal employed.
They primarily govern sales concluded with Consumers. The provisions specific to business Customers are also included in these GTCs.
When a Product or partner service is subject to particular conditions clearly presented before the Order, these conditions supplement the GTCs. In case of a contradiction, the particular conditions prevail only for the subject they regulate, without depriving the Consumer of their mandatory rights.
Article 4 — Acceptance of the GTCs
Before confirming their Order, the Customer can consult the GTCs, save them, and print them. The validation of the Order by means of a button indicating a payment obligation signifies acceptance of the version of the GTCs presented to the Customer.
Fraquane sends to the Customer, on a Durable Medium, the confirmation of the contract and the information required by law within a reasonable time after the conclusion of the sale and at the latest at the time of delivery.
A Customer who does not accept the GTCs must not finalize their Order.
Article 5 — Customer Capacity and Qualification
The Customer declares having the necessary legal capacity to conclude the contract. A minor or a person subject to protective measures must act with the authorization or assistance of their legal representative when required.
The professional Customer declares being authorized to bind the legal entity or company for which they are ordering.
Fraquane may request information reasonably necessary to verify the identity, age, capacity, power of representation, or professional status of an Order, in compliance with data protection regulations.
Article 6 — Products and Essential Characteristics
Fraquane offers, in particular, products related to gaming, fashion, shoes, watches, accessories, and lifestyle, as well as future Products or digital services.
Before the Order, the essential characteristics, the price, the variants, the known availability, and any potential restrictions are presented on the Product sheet or during the purchase process.
Photographs, videos, illustrations, and staged presentations serve to showcase the Product. They do not replace its contractual description. Slight differences in color or perception may result from the screen, lighting, or manufacturing, without affecting the rights of the Client when the delivered Product does not match the agreed description.
When size, compatibility, material, color, new, used or refurbished condition, or any other characteristic involves a choice, the Client must select the desired option before confirmation.
Article 7 — Third-party Products, Brands, and Compatibility
Some Products are manufactured, distributed, or licensed by third parties. The corresponding names, trademarks, and logos belong to their respective owners.
Unless expressly indicated, the presence of a Product or a reference to a game, brand, manufacturer, or universe does not mean that Fraquane is the publisher, manufacturer, or holder of that brand.
The Client must check the available compatibility information before placing the Order, particularly for accessories, equipment, sizes, platforms, devices, and digital elements. This obligation does not limit the statutory warranty of conformity nor Fraquane's duty to provide information.
Article 8 — Availability and Stock
Offers are valid as long as they are displayed and within the limits of available stocks, unless stated otherwise.
Stock information may come from multiple warehouses, suppliers, or logistics partners. Exceptional unavailability may be discovered after the Order despite reasonable synchronization measures.
In case of unavailability, Fraquane will inform the Client as soon as possible. Fraquane may offer, at the Client's choice when they consent, an extended time, an equivalent Product, or cancellation of the unavailable Product. In the event of cancellation, the corresponding amounts will be refunded without undue delay and within the applicable legal timeframes.
No replacement with a different Product is imposed on the Client.
Article 9 — Price
The applicable prices are those displayed at the time of Order confirmation. For a Consumer located in the European Union, prices are displayed inclusive of all taxes where regulations require it.
Delivery fees, service fees, contributions, eco-participation, or other known additional costs are indicated before Order confirmation. When a cost cannot reasonably be calculated in advance, the Client is informed that it may be payable.
Fraquane may change its prices at any time for future Orders. A subsequent change does not affect an Order already concluded, subject to a manifest error handled in accordance with the GTC.
Article 10 — Currencies, Taxes, and International Fees
The proposed currency depends notably on the country, the Shopify market, the domain, or localization preferences. The final price and the currency charged are displayed before payment.
When the payment provider or the Client’s bank performs a conversion, their own rates and fees may apply independently of Fraquane.
For international delivery, customs duties, import taxes, or clearance fees may be due depending on the destination country. When these amounts are not collected at the time of the Order, they may be claimed from the recipient by the authorities or the carrier. The Client is informed before the Order when this situation is foreseeable.
Article 11 — Promotions, Discounts, and Codes
Promotions are subject to the displayed conditions: duration, Products concerned, territory, quantity, minimum amount, ceiling, or Customer category.
Unless otherwise indicated, promotional codes are neither cumulative, nor exchangeable for cash, nor applicable retroactively to an already validated Order.
When a price reduction advertisement is subject to the display of a previous price, Fraquane applies the legal rules relating to the reference price.
Fraquane may deactivate a code obtained or used fraudulently, without affecting the rights of a bona fide Customer.
Article 12 — Order Process
The Client selects the Products, variants, and desired quantities, then reviews their cart. They provide the information required for billing, delivery, and payment.
Before final confirmation, the Client can verify the details of the Order, its total price, and correct any errors.
The Order becomes binding when the Client clicks the button clearly indicating the obligation to pay and when the payment or its authorization is accepted, subject to the legitimate controls provided by the GTC.
The contents of the cart are not reserved until the Order has been finalized.
Article 13 — Information Provided by the Client
The Client must provide accurate, complete, and up-to-date information. They must notably check the recipient's name, address, postal code, country, email address, phone number when necessary, and any delivery instructions.
Fraquane cannot be held responsible for a delay or the impossibility of delivery resulting exclusively from incorrect or incomplete information provided by the Client. Fraquane contacts the Client whenever reasonably possible to correct the difficulty.
Reasonable and justified costs of a new shipment made necessary by an error of the Client may be charged to them, after prior notice, without limiting their mandatory rights.
Article 14 — Order Confirmation and Archiving
After the conclusion of the contract, Fraquane sends a confirmation to the provided email address. This confirmation includes or allows for the retrieval of the essential elements of the Order and the applicable Terms and Conditions of Sale.
The Client must check spam folders and promptly inform Fraquane if no confirmation is received.
Fraquane keeps contracts and documents related to the Order for the legally required durations. The Client can access certain information from their account or request its communication when the law provides for it.
Article 15 — Refusal, Control, and Cancellation of an Order
Fraquane may suspend or refuse an Order for a legitimate reason, including:
- payment refused or unauthorized;
- objective suspicion of fraud or identity theft;
- inconsistent or insufficient information;
- abnormal quantity reasonably suggesting unauthorized resale;
- previous unresolved payment incident;
- Product unavailable;
- legal obligation, economic sanction, or territorial restriction;
- obvious error in price or description.
The measure must be proportionate. When the Order is canceled and no amount is legitimately due, the collected payment is refunded.
Article 16 — Manifest Error
Fraquane strives to present accurate information and prices. A typographical, technical, or synchronization error may nevertheless occur.
When a price is manifestly trivial compared to the usual value of the Product and a reasonable Client could not ignore the error, Fraquane may contact the Client to propose confirming the Order at the correct price or canceling it with a full refund.
A non-manifest error does not allow Fraquane to unilaterally modify a validly concluded contract to the detriment of the Consumer.
Article 17 — Payment Methods
The payment methods actually available are shown at the time of the Order. They may include, in particular, bank cards, electronic wallets, Shop Pay, transfers, or local payment solutions, depending on the country and eligibility.
Fraquane does not guarantee the permanent availability of each payment method. The Customer chooses from the options offered during their purchasing process.
The Customer guarantees that they are authorized to use the selected payment method. The payment order may be subject to strong authentication or controls by the relevant provider.
Article 18 — Installment or Deferred Payment
When an installment, deferred, or financed payment is offered, it is provided by the partner identified at the time of the Order and remains subject to its conditions, eligibility checks, limits, deadlines, and any fees.
Refusal of financing by the partner does not oblige Fraquane to accept the Order without payment. The Customer may choose another available method.
The partner’s conditions do not reduce the rights that the Customer may exercise against Fraquane as the Seller regarding delivery, compliance, or legal warranties.
Article 19 — Payment Security
Payments are processed through specialized providers. Fraquane implements reasonable measures within its control to secure the Order process.
Fraquane may use fraud prevention mechanisms and request proportional verification before shipment. The Customer must never transmit their password, authentication code, or the full card security code by email.
In case of unauthorized use of a payment method, the Customer must promptly contact their payment provider and Fraquane.
Article 20 — Invoicing
An invoice or proof may be provided electronically, including in the Customer account or by email. The Customer accepts this format when the law allows it.
The invoice includes the information provided at the time of the Order. Professional Customers are responsible for providing their company name, billing address, VAT number, and other required details before issuance.
Correction of a clerical error may be requested from support@ps.fr, subject to applicable tax and accounting rules.
Article 21 — Delivery Areas and Restrictions
The countries, territories, and addresses served are indicated during the Order process. The ability to view a site or display a currency does not guarantee that delivery is available to all destinations.
Certain restrictions may apply to post office boxes, remote areas, bulky products, batteries, regulated materials, economic sanctions, or customs rules.
Fraquane informs the Client before confirmation when a restriction is known. If an impossibility is discovered after the Order, Fraquane proposes a reasonable solution or refunds the concerned Product.
Article 22 — Delivery Times
The estimated delivery time or date is indicated before the Order is confirmed when it can be determined. It may vary depending on the Product, stock, warehouse, carrier, and destination.
In the absence of indication or agreement on another date, Fraquane delivers the Good without undue delay and at the latest thirty days after the conclusion of the contract.
An estimate does not deprive the Consumer of their legal rights in case of delay. Fraquane informs the Client of any known delay and, whenever possible, provides a new estimate.
Article 23 — Split Shipments and Logistics Partners
An Order containing several Products may be shipped in multiple packages from different warehouses or suppliers. The Client may then receive multiple confirmations, tracking numbers, and deliveries.
A split shipment does not incur additional fees that were not announced to the Client at the time of the Order.
Fraquane may entrust the preparation, shipment, or delivery to service providers. This arrangement does not remove Fraquane's legal obligations as a Seller toward the Consumer.
Article 24 — Delivery Tracking
When tracking is available, the Client receives a link or tracking number. The information displayed comes from the carrier and may experience a delay in updating.
The Client is advised to monitor notifications, facilitate the carrier's access, and pick up the package within the indicated period when it is deposited at a pickup point.
Tracking alone does not constitute irrefutable proof of delivery to the Client. In case of dispute, Fraquane and the carrier examine the available elements.
Article 25 — Transfer of Risks and Retention of Title
For a Consumer, the risk of loss or damage is transferred when they physically take possession of the Good, personally or through a third party they have designated, other than the carrier proposed by Fraquane.
If the Consumer chooses a carrier other than the one proposed by Fraquane, the risk is transferred upon handing over the Good to that carrier, in accordance with the law.
Fraquane retains ownership of the Goods until full payment of the price is made, without affecting the legal transfer of risks to the Consumer.
Article 26 — Receipt and Verification
The Customer is invited to check the apparent condition of the package and the Products upon receipt. In case of damage, missing product, or error, they must contact Fraquane promptly and, if possible, keep the packaging, take photographs, and make the necessary claims to the carrier.
The absence of an immediate claim does not strip the Consumer of legal guarantees nor the right to prove damage or defect by other means.
The Customer must not return a Product without following the instructions provided by Fraquane, except when the law allows them to proceed otherwise.
Article 27 — Delivery Delay
In the event of a delay, the Consumer may formally request Fraquane to complete the delivery within a reasonable additional period. If Fraquane does not comply within this period, the Consumer may terminate the contract under the legal conditions.
The Consumer may immediately terminate the contract when Fraquane refuses to deliver, or when the agreed date was an essential condition of the contract and this condition resulted from the circumstances or an express request accepted before the Order.
After termination, Fraquane reimburses the amounts paid for the concerned Product within the legal period.
Article 28 — Lost, Refused, or Unclaimed Package
When tracking appears abnormal or the package is not received, the Customer contacts support@ps.fr. Fraquane will, if necessary, open an investigation with the carrier and provide the solution required by law and circumstances.
The Customer does not bear the risk of loss occurring before the legal transfer of risks.
When a package is returned because the Customer provided an incorrect address, refused it without a legitimate reason, or did not collect it, Fraquane contacts the Customer. Reasonable costs of a new shipment may be requested, without preventing the valid exercise of a right of withdrawal or the application of legal guarantees.
Article 29 — Right of Withdrawal
The Consumer generally has a period of fourteen days to withdraw without having to justify their decision.
For Goods, the period starts from the day the Consumer, or a third party designated by them other than the carrier, physically takes possession of the Goods. For an Order delivered in multiple lots or items, the period starts from the receipt of the last lot or item when the legal conditions are met.
For a service or digital content not supplied on a physical medium, the period starts from the conclusion of the contract, subject to legal exceptions.
When the deadline expires on a Saturday, Sunday, public holiday, or non-working day, it is extended until the next working day under the conditions provided by law.
Article 30 — Exceptions to the right of withdrawal
The right of withdrawal cannot be exercised, in particular, when the legal conditions are met, for:
- Goods made according to the Consumer's specifications or clearly personalized;
- Goods that are likely to deteriorate or expire quickly;
- Goods unsealed after delivery that cannot be returned for hygiene or health protection reasons;
- Audio, video recordings or software that have been unsealed;
- Digital content provided without a physical medium when performance has begun before the end of the period following the Consumer's express consent and acknowledgment of the loss of their right;
- Services fully performed before the end of the period following an express request and acknowledgment of the loss of the right when required by law;
- Other contracts expressly excluded by the Consumer Code.
The applicable exception is indicated before the Order when the nature of the Product requires it.
Article 31 — Exercise of withdrawal
To exercise their right, the Consumer sends, before the expiry of the period, an unambiguous statement expressing their wish to withdraw:
- by email to support@ps.fr;
- or by mail to Fraquane SAS, 171 Rue des Fontaines, 31300 Toulouse, France;
- or using any withdrawal feature made available in the Ecosystem.
The Consumer may use the standard form provided at the end of the GTC, without being obliged to do so.
Fraquane promptly sends an acknowledgment of receipt on a Durable Medium when an electronic declaration is used.
Article 32 — Return after withdrawal
The Consumer returns the Goods without undue delay and no later than fourteen days after communicating their decision to withdraw.
Before sending anything, they contact support@ps.fr to obtain the return address corresponding to the Product and the concerned warehouse. No return should be sent automatically to the manufacturer or an address indicated on the package without confirmation from Fraquane.
Unless otherwise indicated or covered by Fraquane, the direct costs of return due to withdrawal remain the responsibility of the Consumer. For Goods which, by their nature, generally cannot be returned by mail, a cost estimate is provided before the Order when required by law.
The Consumer is responsible for any reduction in value resulting from handling other than what is necessary to determine the nature, characteristics, and proper functioning of the Goods.
Article 33 — Refund After Withdrawal
Fraquane refunds the amounts received under the relevant contract, including the initial standard delivery charges, no later than fourteen days from the date on which it is informed of the withdrawal.
Fraquane may postpone the refund of a Good until it has been recovered or until the Consumer provides proof of shipment, the date considered being that of the first of these events.
The refund is made using the same payment method, unless the Consumer expressly agrees to another method and provided that it does not incur any fees.
Additional costs resulting from the choice of a delivery more expensive than the standard delivery offered are not refunded.
Article 34 — Returns Outside of Withdrawal
Requests concerning a damaged, incorrect, incomplete, or non-compliant Product are distinct from a simple convenience return and fall under, in particular, the legal warranties.
Fraquane provides the appropriate instructions and bears the costs when required by law or Fraquane's responsibility.
A more favorable commercial return policy may be offered. It complements legal rights without replacing or reducing them.
Article 35 — Legal Guarantee of Conformity of Goods
The Consumer benefits from the legal guarantee of conformity provided for by articles L.217-3 and following of the Consumer Code.
Box relating to the legal guarantee of conformity The Consumer has a period of two years from the delivery of the Good to obtain the implementation of the legal guarantee of conformity in the event of a defect appearing. During this period, they are only required to prove the existence of the defect and not the date of its appearance, subject to special rules applicable to second-hand Goods. When the contract provides for the continuous supply of digital content or service for more than two years, the guarantee relating to this digital element applies for the duration of the planned supply. Fraquane provides, when required, the necessary updates to maintain conformity. The Consumer is entitled to repair or replacement of the Good within a maximum period of thirty days following their request, without cost and without major inconvenience. If the Good is repaired under the guarantee, the original guarantee is extended by six months. When the Consumer requests a repair but the Seller imposes replacement under legal conditions, the guarantee is renewed for two years from the replacement. The Consumer may keep the Good and obtain a price reduction, or return the Good and obtain contract termination with a refund, when Fraquane refuses to bring it into conformity, when it occurs after thirty days, when it imposes costs or major inconvenience, or when the defect persists despite an attempt at conformity. A price reduction or immediate termination is possible when the defect is sufficiently serious. Termination is not available when the defect is minor. Any period in which the Good is immobilized for repair or replacement suspends the remaining guarantee period until the Good is returned in working condition. These rights result from articles L.217-1 to L.217-32 of the Consumer Code. The Seller who in bad faith obstructs their implementation is exposed to the civil sanctions provided by law. The Consumer also benefits from the warranty against hidden defects provided for in articles 1641 à 1649 of the Civil Code for two years from the discovery of the defect. They may keep the Good in exchange for a price reduction or return it for a full refund, under legal conditions.
Fraquane delivers a Good in conformity with the contract and is responsible for defects of conformity that appear within the legal period from delivery, including those resulting from packaging, assembly instructions, or installation when this is part of the contract.
The Consumer has a period of two years from delivery to take action. For a new Good, defects appearing during this period are presumed to have existed at the time of delivery, unless proven otherwise or incompatible with the nature of the Good or the defect. For a second-hand Good, the duration of the applicable legal presumption is that provided for by law.
The Consumer may request repair or replacement, subject to the cost and proportionality conditions provided by law. Compliance occurs at no cost, without major inconvenience, and within a period not exceeding thirty days following the request.
In cases provided by law, the Consumer may obtain a price reduction or contract termination. Any period of immobilization or any replacement produces the legal effects on the warranty duration.
Article 36 — Goods containing digital elements
For a Good containing digital elements, Fraquane provides the updates, including security updates, necessary to maintain compliance during the legally applicable period, when this obligation falls to Fraquane or under the contract.
The Client must install the updates within a reasonable time after being informed. Fraquane is not responsible for a defect resulting solely from failure to install when the Client has been properly informed of the update, the consequences of not installing it, and the failure is not due to deficient instructions.
The conditions for the continuous provision of a digital element are specified before the Order when they apply.
Article 37 — Digital content and services
Digital Contents and Services are subject to legal provisions regarding digital compliance.
Fraquane provides the digital Content or Service without undue delay after the conclusion of the contract, except for a different agreed date or period.
The Consumer benefits from legal remedies in the event of non-provision or non-compliance, including bringing it into compliance, price reduction, or contract termination under the conditions provided by law.
Technical prerequisites, compatibilities, features, interoperability, duration, updates, and any restrictions are indicated before the Order when relevant.
Article 38 — Warranty against hidden defects
The Client also benefits from the warranty against hidden defects provided for in articles 1641 à 1649 of the Civil Code.
This warranty applies when the hidden defect existed at the time of sale and makes the Good unfit for the use for which it is intended or so diminishes this use that the Customer would not have acquired it, or would have paid a lower price for it, if they had known about it.
The Customer may choose between returning the Good for a refund of the price or keeping the Good in exchange for a partial refund of the price, under the conditions provided by law. The action must be taken within the time limits set by law.
Article 39 — Commercial Guarantees and Manufacturer Warranties
A commercial or manufacturer warranty may be offered for certain Products. Its existence, price, duration, territorial scope, guarantor, and terms are then communicated on a Durable Medium.
A commercial warranty is in addition to legal guarantees without replacing or limiting them.
When a manufacturer directly handles a request, Fraquane remains the legal contact for the Consumer regarding the conformity warranty owed by the Seller.
Article 40 — Optional Protection Services
An optional shipping protection, insurance, or supplementary warranty service may be offered by an identified partner, particularly in the shopping cart or at checkout.
Before subscribing, the Customer receives information about the provider, the price, the risks covered, exclusions, duration, claim procedure, and applicable cancellation or withdrawal conditions.
This service constitutes, where applicable, a separate contract with the partner. It does not reduce Fraquane’s obligations regarding delivery, risk transfer, conformity, and legal guarantees.
Article 41 — Customer Service and Complaints
For any question or complaint regarding an Order, the Customer should contact: support@ps.fr.
To facilitate processing, they should provide their Order number, the email address used, the Product concerned, and clearly describe their request. Photographs or documents may be requested when necessary and proportionate.
Fraquane seeks to respond within a reasonable time. A complaint only interrupts a legal deadline in the cases provided by law.
Article 42 — Liability
Fraquane is responsible for the proper performance of obligations arising from the contract under the conditions provided by law.
Fraquane cannot be held liable for damage resulting exclusively from a fault of the Customer, unforeseeable and insurmountable actions of a third party to the contract, or a force majeure event, without prejudice to applicable legal regimes.
No provision limits or excludes liability that cannot legally be limited or excluded, in particular Consumer rights regarding delivery, compliance, safety, personal data, gross negligence or fraudulent acts, and bodily injury.
For a professional Client, the specific limitations set forth in the article dedicated to professional sales apply to the extent permitted by law.
Article 43 — Force Majeure
A case of force majeure is constituted by an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, preventing the performance of the obligation.
The affected party informs the other as soon as possible. Obligations that are prevented are suspended for the duration of the event when the impediment is temporary. If the delay justifies termination or if the impediment is permanent, the contract may be terminated under the legal conditions.
Amounts due for a service that will not be performed are refunded in accordance with the law.
Article 44 — Personal Data
The data necessary for the Order, payment, delivery, fraud prevention, after-sales service, and legal obligations are processed in accordance with the Fraquane Privacy Policy.
Payment providers, carriers, suppliers, logistics partners, and protection services may receive only the data necessary for their tasks, according to their role and applicable guarantees.
The Client has the rights provided by personal data regulations. The methods of exercising these rights and retention periods are specified in the Privacy Policy.
Article 45 — Evidence and Electronic Communications
Confirmations, notifications, invoices, technical logs, and recordings maintained under reasonable security conditions may constitute evidence, without depriving the Client of their right to contest their reliability or scope.
The Client agrees to receive contractual information in electronic form where this form is legally accepted. They must maintain a valid email address during the execution of the Order.
The applicable GTC are those accepted at the time of the Order and transmitted or made accessible on a Durable Medium.
Article 46 — Sales to Professional Clients
The professional Client informs Fraquane of their status before the Order and provides the required billing information.
Unless otherwise agreed in writing, the price is payable in cash at the time of the Order. No discount is granted for early payment. In case of late payment, penalties calculated at the rate provided by the rules applicable between professionals as well as the legal fixed indemnity of forty euros for recovery costs may be due, without prejudice to any additional justified compensation.
To the extent permitted by law and except in cases of gross negligence, fraud, bodily injury, or obligations that cannot be limited, Fraquane's liability towards a professional Client is limited to direct, foreseeable, and proven damages resulting from the concerned non-performance. Indirect losses, loss of business, profit, data, or opportunity are not compensated when such an exclusion is valid.
Protective rules reserved for Consumers do not apply to the professional Client, except in cases of explicit legal provisions to the contrary.
Article 47 — Consumer Mediation
The Consumer must first submit a written complaint to support@ps.fr in order to seek an amicable solution.
If the response does not satisfy them or if there is no response within the required time, they may contact the consumer mediator assigned to Fraquane free of charge:
Mediation is optional for the Consumer. It does not deprive them of the right to refer the matter to a competent court and only suspends deadlines under the conditions provided by law.
Article 48 — Applicable Law and Competent Jurisdictions
The GTC are governed by French law, subject to the more protective mandatory provisions that a Consumer benefits from in their country of residence.
Failing amicable resolution, the dispute falls under the competent courts according to legal rules. The Consumer may, in particular, bring proceedings before the territorially competent courts under the applicable law. No clause exclusively imposes the courts of Fraquane's registered office.
For a dispute exclusively between professionals, jurisdiction is attributed to the courts within the jurisdiction of Toulouse, unless otherwise provided by mandatory rules and subject to the validity of this clause with regard to the parties' status.
Article 49 — Languages and Reference Version
The GTC are offered in the languages supported by the Ecosystem in order to facilitate the Client’s international information.
The version presented in the selected language accompanies the Order process. In case of any discrepancy in interpretation between translations, the French version constitutes the reference version, without depriving a Consumer of mandatory rights or information requirements applicable in their country.
The specific information displayed during the Order, particularly the Product, price, currency, delivery, and payment method, prevails when it individualizes the contract.
Article 50 — Modification and Severability
Fraquane may modify the GTC for future Orders to account for legal, technical, commercial, or organizational developments.
An Order remains governed by the version accepted at the time of its conclusion, except for modifications required by a rule with immediate application or by express agreement of the parties.
If a clause is declared null or unenforceable, the other provisions remain in effect to the extent permitted by law. The failure to exercise a right immediately does not constitute a waiver.
Article 51 — Contact
For any questions regarding the GTC, an Order, delivery, a return, or a warranty:
Fraquane SAS
171 Rue des Fontaines
31300 Toulouse, France
support@ps.fr
Annex — Standard Withdrawal Form
To be completed and sent only if you wish to withdraw from the contract.
To the attention of:
Fraquane SAS
171 Rue des Fontaines
31300 Toulouse, France
Email: support@ps.fr
I hereby notify you of my withdrawal from the contract for the sale of the Goods or the provision of the service listed below:
- Product or service:
- Order number:
- Ordered on:
- Received on:
- Consumer's name:
- Consumer's address:
- Email address used for the Order:
- Date:
- Consumer's signature, only if sending the form on paper: