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General conditions of use of the Fnac FR account

General conditions of use of the Fnac FR account

The Fnac account is a service of the FNAC.COM website provided by the companies FNAC DARTY PARTICIPATIONS ET SERVICES RCS Créteil B 775 661 390 and FNAC DIRECT - RCS Créteil B 377 853 536 (hereinafter “FNAC DARTY”)

Head office:
Le Flavia
9 rue des bateaux-lavoirs
94768 Ivry-sur-Seine Cedex

These general conditions of use of the Fnac.com account (hereinafter the “CGU”) expressly replace any previous contracts or agreements of the same nature or having the same object concluded with Fnac.

Last updated on: March 2021

It is previously specified that these Conditions exclusively govern the creation and use of the Fnac account (hereinafter your "Account"). These Conditions apply to the exclusion of all other conditions.

Article 1 - Services and advantages of the Fnac Account

Your Account is exclusively reserved for FNAC customers for the purchase of a product or service on the fnac.com website and for monitoring your commercial relationship with FNAC following an online or in-store purchase if you are a member.

By creating a Fnac account, you become a FNAC customer and you accept the terms and conditions. If you do not wish to place an order immediately or become a FNAC Customer, it is not necessary to create an account. You can continue to browse and view our products without doing so.

As a FNAC Customer, following an order or purchase, your account allows you to benefit from services or advantages such as:

  • Access at any time in a space dedicated to your order history as well as your invoices concerning your orders for products or services on the fnac.com website, in store or with certain partners (e.g. Kobo.com);
  • Ordering in store products not available in the stocks of the store where you are located for delivery directly to your home or to the store (Click & Collect);
  • Access to free ebooks on our site or the Kobo by Fnac applications.
  • A personalized browsing experience, including the display of products or services related to those you are searching for or viewing on the fnac.com website and to content or offers that may interest you;
  • Secure orders thanks to a fraud prevention system
  • Online management and monitoring of your FNAC and FNAC+ loyalty programs
  • Benefits in the brands and loyalty programs of the FNAC DARTY group companies (for example: unlimited FNAC delivery in the event of subscription to the DARTY+ card);
  • Messages related to the execution of our services or to FNAC DARTY benefits and promotions related to the products or services on the fnac.com site that you have consulted and which are likely to interest you;
  • The possibility of posting opinions and ratings on products on the fnac.com website
  • The opportunity to express your opinion on your experience with our brand following receipt of a survey email (NPS);
  • The electronic wallet payment service - Fnac wallet
  • The quick 1-click purchase service
  • Access to the sale of products on the Fnac.com marketplace
  • Access to the sale of shows on our ticketing site fnacspectacles.com

These Services and the functionalities attached to the use of your Account are not optional and constitute elements inherent to your FNAC Account.

Some of these Services are detailed below in these T&Cs.

Article 2 - Conditions of access to the Services and use of the FNAC account

To access the fnac.com services and benefit from the features and advantages of the Account (hereinafter the “Services”), you must have or create a fnac.com Account.

You can create an account directly from the website www.fnac.com, in store when ordering from Clic&Mag or after subscribing to an FNAC or FNAC+ membership.

Providing your email address in store when placing an order, subscribing to a membership or service, or retrieving an invoice automatically creates a fnac.com account for which you can finalize registration online.

To subscribe to the Account creation contract allowing you to access the Services, you are asked to expressly confirm your acceptance of these T&Cs. You confirm that you have read and accepted these T&Cs, which establish a contractual relationship between you and Fnac.

Any violation of the T&Cs may result in the closure of your Account and the termination of all or part of the Services or a ban on accessing them.

To create your Account and fully benefit from the Services, certain personal data is necessary, such as your login details, your first and last name, your email address, your postal address, and your telephone number.

Social Connect

To create an account or log in, FNAC offers you the option of identifying yourself using the accounts linked to your usual web services such as your email, your storage space, your payment services or your social accounts.

This feature allows you to connect to our site with the identifiers of your usual web services (social networks such as Facebook, web services such as Apple, Google or PayPal, etc.) to facilitate your purchases and access to our services. When you connect to our site with these third-party accounts, FNAC DARTY can access certain information in order to offer you a personalized and social experience. Additional information to that already present in your social accounts may be requested by FNAC DARTY for the purposes described above. The information collected by FNAC DARTY on our sites and applications is not transmitted to social networks without your consent. It is up to you to manage your privacy settings on social networks when you wish to connect to FNAC DARTY services with your social network identifiers.

You agree to ensure that the information in your Account remains accurate, complete and up-to-date. You can review and modify your information at any time by going to your account under “my information”.

In the absence of accurate, complete and up-to-date information, particularly in the event of invalid or expired data being provided, you may no longer be able to fully benefit from the Services and use them with a view to making a purchase.

We reserve the right to accept or refuse your registration for any legitimate reason and within the limits permitted by applicable law.

Article 3 - Securing your identifiers and passwords

Your Account contains personal data. You must ensure that you choose a “strong” password. A good password must contain at least 8 characters and 4 different types: lowercase letters, uppercase letters, numbers and special characters.

To prevent serial hacking, your Account must have a clean and unique password. You should not choose a password that you already use for another account.

FNAC has a protection system that allows you to assess the strength of your password. This feature supports you during the creation and/or modification of your password.

If we detect unusual connection attempts on your account and as a precaution, we may be required to deactivate your password in order to guarantee the security of your customer account.

You can change your password at any time by accessing the "My Account" section on the website www.fnac.com. You must immediately inform Fnac of any loss or unauthorized use of your Account, your identifiers and password. Passwords and identifiers are personal and you agree not to disclose them. As such, you are responsible for the use of your Account and your identifiers and passwords.

Any attempt to substitute another user's password or ID is strictly prohibited.

Article 4 - Authentication and Identification on the Site

When you authenticate to our site with your Account credentials you remain authenticated for 1 hour.

To extend your authentication, you can click on the "Stay connected" box at the time of authentication. You will be able to access your account without having to re-authenticate for a period of 1 month except for certain actions that will always require authentication (e.g.: add/modify postal address). You can end the extended authentication at any time from the logout button.

If you are using a public or shared computer, we advise you to log out of your Account as soon as you have finished browsing, particularly if you have activated the 1-click quick purchase.

Article 5 - The electronic wallet service (FNAC Wallet)

Your Account has an electronic wallet function (hereinafter your “FNAC Wallet”), operated by our payment service provider, Ingenico, PCI-DSS certified (international security standard).

To make your purchases with a payment card easier, you can save a bank card in your FNAC account to facilitate your subsequent purchases. This allows you to only enter your card's payment information for a first purchase, and then avoids having to enter it for your other purchases. Your Wallet allows you to make your purchases on the sites and applications of Fnac and its partners in a simple, fast and secure way.

To activate your FNAC Wallet, you must add at least one payment card to your Account. This information is only requested once, unless you wish to use another payment card that has not been registered in your FNAC Wallet.

The FNAC Wallet is an essential function to fully benefit from the services of your Account. It allows you to make your payments on the sites and applications of Fnac and its partners quickly, simply and securely, with the registered card(s). Thus, once the FNAC Wallet is activated, you no longer have to enter your payment information (payment card number, expiry date and visual cryptogram) when you make a purchase.

When you activate your FNAC Wallet, your payment information is collected and stored securely by our payment provider, Ingenico.

The last payment card associated with your FNAC Wallet will be offered to you. However, you can choose at any time which payment card you wish to associate with your FNAC Wallet to keep its payment functionality active, or pay by another available payment method, such as your PayPal account, etc.). Thus, you can enter, view, modify or delete the saved payment card(s) at any time by going to your Account, in the "my personal information" section, "my payment methods" tab.

Article 6 - The quick purchase service (1-click purchase)

The 1-click purchase service allows you to place your order securely in a minimum of clicks using your Account.

To do this, simply click on the “Buy in 1 click” button, log in to your Account or create one.

1-Click Purchase requires that a shipping address and payment information be saved in your account.

If you already have an account, the latest delivery and payment information provided will be presented on a summary page. If necessary, you can modify this information before validating your order. Each time you click on the "Buy in 1 click" button, this delivery and payment information will be automatically taken into account for your order. For security reasons, authentication may be requested if you add a new delivery address, before validating your purchase.

If you are using a public or shared computer, we recommend that you log out of your account when you have activated 1-click purchasing and do not intend to make an imminent purchase. You can also change or delete the payment card saved in your account at any time by going to your account under "my payment methods".

Purchases made in 1 click are subject to the Fnac General Terms and Conditions of Sale and payments made are just as secure as for a classic order. Your bank details are stored by our PCI-DSS secure payment provider - INGENICO to avoid you having to re-enter your details and to comply with legal obligations for secure storage.

1-click purchases are reserved for adults. Since Fnac is unable to verify the age of its customers, you therefore guarantee that you are an adult.

Article 7 - the service of personalized recommendations of our products and offers

Product Recommendation

The FNAC brand is known and recognized for the value of its advice and the skills of its expert salespeople. Without being able to replace the experience you will have with our salespeople in store, we try to advise you as best we can also on our website since this is what you expect from us.

With your account, you benefit from personalized assistance in navigating our products, offers and services, designed to offer you the most relevant products and services adapted to your needs and desires.

To provide you with this advice, our site uses a recommendation algorithm to present you with the most relevant products in terms of your browsing and purchases, to assist you in the choices that seem most appropriate for you. You can thus discover and choose offers that interest you, without having to navigate in spaces that do not correspond to your expectations. Of course, your curiosity remains wide open, we only accompany you so that it is satisfied.

We may recommend products similar to those you have previously purchased or viewed and that match your interests. We may also recommend products that have been purchased by other customers whose interests are similar to yours.

These personalized recommendations are an integral part of our duty to advise, which is one of the key factors in customer satisfaction. They are essential and intrinsic to the promotion of our products and services and allow us to advise you as best we can.

Store Locations

This feature allows us to display stores around you, your default delivery address or any locations designated by you.

Other customization services

We can also adapt navigation within our site based on your habits when visiting the Fnac.com site – just as you present your favorite departments.

Article 8 – Information and communications you receive in connection with your use of the Services

Service Emails

Creating your FNAC account involves receiving messages by email or SMS from FNAC to enable us to manage our customer relationship and provide you with our products and services.

For example, following the consultation of a product on our site, the completion of an order or as part of the monitoring of your contracts (e.g. FNAC+) you may receive an email to allow you to find the product consulted or added to your basket, track your order following a purchase or be informed about the execution of your contract.

These include emails from the following categories:

  • emails regarding our products that you have viewed or added to your shopping cart
  • order confirmation emails
  • information on the delivery of your package
  • information on the expiry of your subscription.

The receipt of this information is part of the execution of our services linked to your FNAC Account and is not linked to the choices you express for the receipt of newsletters and offers linked to commercial prospecting.

Information and Commercial Offers

Following the creation of your Account, you can receive information and commercial offers from FNAC DARTY by email or SMS (electronic communications). These personalized newsletters allow us to keep you informed of FNAC DARTY news and the advantages you can benefit from in our FNAC or DARTY stores on products or services similar to those you have already ordered or viewed. The legal basis for this processing is the legitimate interest of FNAC DARTY. We measure the opening rate of our electronic mailings in order to best adapt them to your needs. You can manage your choices at any time (see "my choices" section).

Satisfaction survey email and product review request

Following a purchase on our site or in store, we may request your opinion by email through questionnaires. These satisfaction surveys or requests for opinions may be requested by approved partners. The legal basis for this processing is the legitimate interest of FNAC DARTY. You can object to these surveys or requests for opinions directly in the emails sent to you or by notifying us (see "my choices" section).

Article 9 - Personalization of advertisements

Your Account data may be associated with your browsing data in order to determine your interests and to adapt accordingly the offers displayed to you for the FNAC DARTY advertising management activity called Retailink.

Some data, for example the irreversible encryption resulting from your email address (hashing), may be communicated to partners for this advertising purpose, in order to individualize the offers that may interest you, without allowing them to identify you.

You can object to the use of your account data for the determination of your interests (creation of advertising profiles) at any time by reporting it in the Data Protection page allowing the exercise of your rights. More information in the personal data page.

Article 10 – Remuneration of affiliates

When you make a purchase within our Services after visiting a third-party site following a redirect, we compensate the partner. In this context, we may be required to transmit information related to your order that is not directly identifiable in order to be able to attribute the sale to this partner and compensate it according to the amount of your purchase.

Article 11 - Product reviews and rating service

With the Account you have the possibility to rate products and post reviews or comments via an online tool.

The posting of a comment or opinion by an Internet user implies prior acceptance and compliance with these conditions of use.

Mindset :

The "comments" tool on the www.fnac.com website has the main objective of creating a space for Internet users to express themselves and contribute to the products they buy and know about, in order to allow them to freely give their opinions and to inform buyers of the site in a fair and constructive spirit.

The aim is therefore to bring out the opinions present, to respect the points of view and to allow Internet users to form an opinion. Comments or opinions must not:

  • be defamatory, abusive, obscene, offensive, violent or inciting violence, political, racist or xenophobic and generally contrary to the laws and regulations in force, to the rights of individuals or to good morals;
  • refer to or mention opinions of other Internet users;
  • reveal the outcome or essential elements of a book or film;
  • be used for personal or professional purposes, including advertising;
  • contain personal data;
  • apply to the seller who offers it to you but only to the product presented on the product sheet

Moderation

Comments may be subject to moderation. Thus, FNAC DARTY reserves the right, without having to provide justification, not to put online, to delete at any time, comments including personal information relating to the author of the comment or to any third party or which does not seem to it to be clearly in line with the spirit of the site or the required requirements, in particular including insulting or defamatory remarks against the author or any legal or natural person or which would be contrary to the law and in particular defamatory, violent, racist, pedophile remarks, calling for murder or suicide, inciting hatred or discrimination. Comments including information unrelated to the product concerned or its author are excluded. The content of sellers' comments must not infringe copyright or any third-party rights.

The fact of publishing or not publishing a comment cannot entail the responsibility of FNAC DARTY.

If a person has reason to believe that a person is infringing a right they hold or causing them harm, they must inform FNAC DARTY at the following address so that it can take the necessary measures:

FNAC DARTY
Press Service
9, rue des Bateaux-Lavoirs
ZAC Port d'Ivry
94768 Ivry-sur-Seine Cedex

Operating license

You authorize, free of charge, the use of the comments of which he is the author by FNAC DARTY for exploitation in relation to the marketing and promotion of the product to which it relates, in particular for the following distribution methods:

  • on the Internet, in particular on all institutional, commercial or community sites, blogs and/or pages of the FNAC DARTY group, and on the sites, blogs or pages of partners or affiliates, as well as on search engines, in particular those distributing opinions and comments;
  • in Fnac stores on television;
  • as part of the internal and institutional communication of the FNAC DARTY group and journalistic information;
  • on all printed media including publishing, catalogs, press, leaflets, flyers, POS.

Within the scope of the destination defined above, the exploitation rights granted include:

  • under the right of reproduction, directly or through a third party, the right to reproduce, have reproduced, put into circulation, establish any copy, duplicate, duplicate without limitation of copy, in whole or in part, free of charge or for a fee, on any paper, computer, electronic, audio, optical medium and/or on any other current or future medium, by any current or future processes.
  • under the right of representation, directly or through a third party, the right to represent, to have represented publicly, in full or in part, in whole or in part, free of charge or for a fee, by any means such as representation on screen, or any other means in any public or private place.
  • under the right of broadcasting, directly or through a third party, free of charge or for a fee, the right to broadcast by terrestrial means, by satellite, by television broadcasting, by any cable operator means or any other means of telecommunications, current or future. This right also includes broadcasting on internal networks and broadcasting in networks intended for an audience not grouped within a legal entity such as the Télétel and Internet networks.
  • under derivative rights, directly or through a third party, free of charge or for a fee, the right to use, adapt, arrange, modify, translate and have used, adapted, arranged, modified, translated in whole or in part.

Article 12 - Guarantees and liability

The Account and the Services it contains are subject to an obligation of means. Some of these Services may be subject to change or deletion. We cannot guarantee the availability of these Services or their perfect suitability for your needs. We provide these Services “as is”.

Article 13 - Applicable law – Disputes – Processing of complaints – Mediation

Applicable law: This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.

Complaints handling: For any complaints you can contact customer service using the contact details mentioned in Article 10 of these Conditions.

Our company adheres to the Code of Ethics of Fevad (Federation of e-commerce and distance selling).

You have a problem with an order: http://www.fevad.com/mediation

Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Fnac adheres to the e-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr

You can use the mediation service for consumer disputes related to an order placed with Fnac on the internet. In accordance with the rules applicable to mediation, any consumer dispute must be submitted in advance in writing to the FNAC Consumer Service (9 rue des Bateaux-Lavoirs – 94200 Ivry-sur-Seine).

After prior written action by consumers towards Fnac, the Mediator Service may be contacted for any consumer dispute which has not been resolved.

To find out how to contact the Mediator: http://www.mediateurfevad.fr/index.php/espace-consommateur/

Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union.

This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

Article 14 - Personal data

The personal data concerning you is necessary for the management of the services associated with your FNAC Account and for the management of our commercial relations.

For more information on the use of your personal data in connection with fnac.com, we invite you to refer to the pages Protection of Personal Data and Cookies .