General Terms of Use

Preamble

FORDICA (hereinafter referred to as "the Publisher" and "the Seller") is a simplified joint-stock company with a share capital of €2,000, headquartered at Building D, Les Collines, 173 Route de Saint-Pierre de Féric – 06000 NICE, registered with the Trade and Companies Register of NICE under number 930 574 033. FORDICA operates a multi-channel online business for the sale of ready-to-wear fashion. Through its website, the company offers the purchase of clothing and accessories (hereinafter the "Products") and hereby publishes these General Terms of Use for its website www.fordica.com (hereinafter the "Site") in order to define the terms of access and navigation on the Site, as well as to outline the respective rights and obligations of each person using the Site (hereinafter the "User" and the "Customer") and of the Publisher in the context of such use.

Article 1 – Legal Notice

The Site is published by the above-mentioned company FORDICA:

Email: contact@fordica.com

VAT number: FR31930574033

SIRET number: 930 574 033 00013

The publication director is the marketing manager of FORDICA. The Site is hosted by GoDaddy.

Article 2 – Purpose

These General Terms of Use (hereinafter the “GTU”) define the conditions under which the Publisher provides Customers with the technological tools enabling them to purchase Products offered for sale on the Site. They supplement the General Terms and Conditions of Sale (hereinafter the “T&Cs”) that govern sales between Customers and the Seller, who is also the Publisher. These GTU must be accepted by the Customer to use the Site’s services, both at registration and during each purchase. They are accessible at any time on the Site and shall prevail over any other version or conflicting document. Updates to the GTU are binding upon users from the moment they are published online and do not apply retroactively to previous transactions. As these GTU may be updated, the version applicable at the time of the Customer’s purchase is the one in force at the time the order is placed. The GTU must be accepted by anyone wishing to access the Site. They constitute a binding agreement between the Site and the User. Access to the Site by the User implies full acceptance of these GTU. If the User does not accept the GTU, they must refrain from accessing the Site and its services. The Site reserves the right to unilaterally modify the contents of these GTU at any time.

Article 3 – Scope

These GTU apply without restriction or reservation to the use of the services and technological tools made available to Customers by the Publisher. These tools enable Customers to register on the Site, connect with the Seller, place orders, make payments, confirm delivery, and communicate with the Seller if needed. Sales made through the Site are directly concluded between the Customer and the Seller.

Article 4 – Access to the Site

Access to the Site is strictly reserved for non-professional Customers acting in a personal capacity, which the Customer acknowledges and declares upon using the Site, and further agrees to act in good faith in all purchase transactions conducted through the Site. Use of the Site is free and without any obligation to purchase. All costs incurred by the User to access the Site (computer equipment, software, internet connection, etc.) are their responsibility. Only the purchase of Products from the Seller is subject to payment, as per the T&Cs of the Site, which the Customer also accepts when placing an order.

Non-member Users do not have access to member-only services. To use these services, the User must accept the GTU and register on the Site using a form to become a member (hereinafter the "Member User"). The User agrees to provide accurate and truthful personal information, including a valid email address. The User is responsible for keeping this information up to date and may modify it via their member account.

Upon registration, the User will receive confidential and personal login credentials. The User agrees to maintain the confidentiality of these credentials and not disclose them to anyone. The User is solely responsible for the use of their login details and for access to the Site, unless proven otherwise in case of fraud. Any unauthorized use of login credentials must be reported to the Publisher immediately in writing.

In case of violation of the GTU, the Site reserves the right to suspend or permanently terminate the User’s access, without prior notice or compensation. Any force majeure event resulting in a malfunction of the Site or server, including maintenance interruptions or changes, does not engage the liability of the Site. In such cases, the User agrees not to hold the Publisher liable for any temporary or permanent service disruption, even without prior notice.

The User may contact the Site via email at: contact@fordica.com

Article 5 – Personal Data Protection

In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, on data processing, files, and freedoms, it is reminded that the personal data requested from the User by the Site is necessary both to provide access to the Site’s services and to process orders. This data is shared with the Seller to enable the shipment of Customer orders. Under no circumstances may it be used for any other purposes.

The Publisher commits to ensuring the security of the personal data it retains for order processing and follow-up. The handling of such data complies with legal requirements on the protection of personal information, and the information system used guarantees optimal protection of this data.

In accordance with applicable national and European regulations, the User has a permanent right of access, modification, rectification, opposition, data portability, and restriction of processing regarding their personal information. This right may be exercised under the conditions and according to the methods specified on the Site via the contact form, which is accessible to all visitors.

Article 6 – Intellectual Property

The content of the Site (including text, images, audio, etc.) is the exclusive property of the Publisher and is protected by French and international intellectual property laws. Any full or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

All trademarks, logos, and signs used on the Site are the exclusive property of the Publisher.

Article 7 – Liability

The Publisher shall not be held liable in the event of misuse of the Site’s services by the User or due to a fault committed by the User. Nor shall the Publisher be held liable for any issues caused by third parties. While the information published on the Site is sourced from reliable channels, the Site does not guarantee it is free from errors, inaccuracies, or omissions.

The content provided on the Site is for informational purposes only and does not carry contractual value. The User is solely responsible for how they interpret and use the information and content found on the Site.

Any use of the Site by the User that directly or indirectly causes harm, loss, or damage to the Site shall result in compensation to the Site. The User agrees to provide such compensation upon first request.

Article 8 – Hyperlinks

The Site may include hyperlinks to external websites. The User is informed that clicking on these links will direct them away from the Site. The Publisher has no control over the web pages to which these links lead and assumes no responsibility for their content. As a result, the User agrees not to hold the Site liable for any external content accessed via such hyperlinks.

Article 9 – Cookies

The User is informed that during their visits to the Site, cookies may automatically be installed on their web browser. Cookies are temporary files stored on the User’s device by the browser, and they are essential for the proper use of the Site.

Cookies do not contain personal data and cannot be used to identify individuals. Each cookie contains a unique, randomly generated identifier and is therefore anonymous. The information stored in cookies is used to improve the Site, for example by:

  • Allowing a service to recognize the User’s device so they don’t have to re-enter information;

  • Remembering login credentials so the User doesn’t need to re-authenticate on each page;

  • Monitoring usage to enhance the services and ensure responsiveness;

  • Analyzing anonymized data to better understand how Users interact with different features and services, enabling ongoing improvements.

By browsing the Site, the User accepts the use of cookies. If the User does not accept them, they are informed that certain functions or pages may not be accessible.

Article 10 – User Publications

The Site allows Member Users to post comments and reviews. In their posts, the Member User agrees to abide by the rules of Netiquette (online conduct) and applicable legal regulations. The Site reserves the right to moderate user content after publication and may refuse to publish or remove content at its sole discretion, without being required to justify its decision to the Member User.

The Member User retains full intellectual property rights over their content, but by publishing on the Site, they grant the publishing company a non-exclusive, royalty-free license to represent, reproduce, adapt, modify, distribute, and share their content, directly or via an authorized third party, worldwide and on all media (digital or physical), for the duration of the intellectual property rights.

The Member User specifically authorizes the use of their content on the internet and mobile networks. The publishing company agrees to credit the Member User’s name near each use of their content.

All content uploaded by the User remains their sole responsibility. The User agrees not to post any content that may harm third-party interests. Any legal action initiated by a third party against the Site due to such content will be handled by the User. User content may be removed or modified at any time and for any reason by the Site, without prior notice.

Article 11 – Partial Invalidity

If any provision of these terms is deemed invalid or declared as such under a law, regulation, or final court ruling from a competent authority, all remaining provisions shall remain fully valid and enforceable.

Article 12 – Governing Law

These Terms of Use and any transactions resulting from them are governed by French law. They are written in French. In the event of translation into other languages, the French version shall prevail in case of any dispute.

Article 13 – Pre-contractual Information – User Acceptance

13.1. User Acceptance
By placing an order on the Site, any individual or legal entity fully accepts and agrees to the Terms and Conditions of Sale (T&Cs), as expressly acknowledged by the User.

13.2. Identification

Our contact information is as follows:

The Site refers to the company FORDICA

Registered office: Building D, Les Collines, 173 Route de Saint-Pierre de Féric – 06000 NICE

Share capital: €2,000

RCS (NICE): 930 574 033

EU VAT number: FR31930574033

Email: contact@fordica.com

Article 14 – Disputes

Any dispute concerning the interpretation and/or execution of these Terms of Use shall fall under the jurisdiction of French courts. Claims must be submitted through the Site.

The User is informed that they may, in any case, resort to conventional mediation, in particular via the Consumer Mediation Commission (Article L. 612-1 of the French Consumer Code), or through relevant sectoral mediation bodies listed on the Site, or use any alternative dispute resolution method (such as conciliation) in the event of a dispute.

Users who believe that a violation of the General Data Protection Regulation has occurred may authorize an association or organization mentioned in Article 43 Ter IV of the French Data Protection Act of 1978 to seek redress from the data controller or processor before a civil or administrative court, or before the French data protection authority (CNIL).