Terms of Sale

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 as a multi-channel online retailer of ready-to-wear fashion. Through its website, the company offers clothing and accessories for purchase (hereinafter the "Products") and publishes these general terms of use of its website www.fordica.com (hereinafter the "Site"), in order to define the conditions of access and navigation on the Site, as well as to outline the rights and obligations of each person using the Site (hereinafter "the User" and "the Customer") and of the Publisher in the context of its use.

Article 1 – Scope

These general terms and conditions of sale (hereinafter the "T&Cs") apply without restriction or reservation to all sales concluded by the Seller with consumers and non-professional buyers (hereinafter "Customers" or the "Customer"), wishing to purchase the products offered for sale by the Seller on the e-commerce website accessible via the Internet: www.fordica.com (hereinafter the "Site"). For the purposes of these T&Cs, it is agreed that the Customer and the Seller will collectively be referred to as the "Parties". The Site is published by the aforementioned company FORDICA. These T&Cs specifically outline the conditions of ordering, payment, delivery, and the management of possible returns for Products ordered by Customers. These T&Cs may be supplemented by specific terms and conditions, including the General Terms of Use stated on the Site, prior to any transaction with the Customer. These T&Cs apply to the exclusion of all other conditions. They are accessible at any time on the Site and shall prevail, where applicable, over any other version or contradictory document. These T&Cs may be subject to future modifications; the applicable version for the Customer's purchase is the one in effect on the Site at the time the order is placed. Changes to the T&Cs are binding on users of the Site as soon as they are posted online and do not apply to transactions concluded prior to their publication.

Article 2 – Products Offered for Sale

The Products offered for sale by the Seller are those available on the Site at the time the Site is accessed by the Customer, and within the limits of available stock. The main characteristics of the Products, including specifications, illustrations, and information on dimensions or capacity, are presented on the Site. Customers are required to read these details before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer. The Products offered for sale on the Site comply with French legislation. The photographs and graphics on the Site are not contractual and do not engage the Seller’s liability. Customers must refer to the description of each Product to understand its properties, essential characteristics, and delivery times. Contractual information is presented in French and will be confirmed at the latest at the time the order is validated by the Customer. The Products presented on the Site are available for sale throughout the European Union.

Article 3 – Validity of Product Offers

The Product offers are valid while stocks last, as specified at the time the order is placed.

Article 4 – Seller Contact Information

The Seller’s contact information is as follows:

  • SAS FORDICA
  • Registered with the NICE Trade and Companies Register under number 930 574 033
  • Head office: Building D, Les Collines, 173 Route de Saint-Pierre de Féric – 06000 NICE
  • Email: contact@fordica.com

In accordance with the French Data Protection Act of January 6, 1978, as strengthened and supplemented by the General Data Protection Regulation (GDPR) effective since May 25, 2018, the Customer has the right at any time to access, rectify, oppose, delete, or request portability of their personal data by writing to the Seller's address mentioned above and providing proof of identity.

Validation of the order by the Customer constitutes full and unconditional acceptance of these T&Cs. The Customer acknowledges having the legal capacity to enter into contracts and purchase the Products offered on the Site.

Article 5 – Orders

5.1. Browsing the Site
The Customer may view the various Products offered for sale by the Seller on the Site. They may freely browse through the different pages of the Site without being bound by an order. However, by accessing or using the Site, the Customer is subject to the General Terms of Use, which they acknowledge having read, understood, and accepted without limitation or reservation.

5.2. Placing an Order
Any order constitutes acceptance of these Terms and Conditions of Sale (T&Cs), the General Terms of Use, and the Cookie Policy, without prejudice to any specific contractual terms agreed upon by the Parties. It is the Customer’s responsibility to select the Products they wish to order on the Site. The Customer has the opportunity to review the details of their order, including the total price, and correct any errors before confirming it. It is the Customer’s responsibility to ensure the accuracy of the order and to report or correct any errors immediately.

An order is recorded on the Site once the Customer has accepted these T&Cs by checking the appropriate box and has validated the order. This confirmation implies acceptance of the entirety of these T&Cs as well as the Site’s General Terms of Use. The sale becomes final only after the Seller sends an order confirmation email to the Customer, which must be sent without delay and after the full payment has been received. The Seller recommends that the Customer save these confirmation emails, either digitally or in print. The Customer is informed that confirmation emails are sent to the email address provided. In the event of an input error in the email address or non-receipt of the confirmation email, the Seller cannot be held liable. In such cases, the sale shall still be considered final. However, the Customer may exercise their right of withdrawal under the conditions provided in Article 10 of these T&Cs, and the Seller shall be entitled to collect the full amount of the order.

Any order placed, confirmed by the Customer, and acknowledged by the Seller in accordance with the conditions described above constitutes the formation of a distance sales contract between the Customer and the Seller. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes evidence of all transactions made with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is an ongoing dispute concerning the payment of a previous order. It is reiterated that purchases made on the Site are intended for individual, non-professional customers for personal use only. For this reason, the Seller only offers its products in quantities that correspond to the typical needs of a household.

In accordance with Article L.121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel, for legitimate reasons, any order whose quantity of products or total amount (for one or more combined orders) does not correspond to typical household use, or any order that suggests an economic activity is being carried out by the Customer in connection with the ordered products, or more generally, any abnormal order as defined by applicable case law.

The Customer may track the status of their order on the Site.

5.3. Order Modification
Once confirmed and accepted by the Seller under the conditions described above, the order cannot be modified.

5.4. Order Cancellation
Once confirmed and accepted by the Seller under the conditions described above, the order cannot be cancelled, except in the event of exercising the right of withdrawal or in cases of force majeure.

Article 6 – Pricing

The Products are provided at the current prices listed on the Site at the time the order is placed by the Seller. Prices are expressed in Euros, both excluding and including taxes. These prices take into account any discounts granted by the Seller on the Site. Prices are firm and non-revisable during their period of validity as indicated on the Site. The Seller reserves the right to modify the prices at any time outside this validity period. Prices do not include processing, shipping, transportation, and delivery fees, which are charged in addition under the conditions indicated on the Site and calculated prior to the finalization of the order. The total amount charged to the Customer corresponds to the total purchase price, including all applicable fees.

Article 7 – Payment Terms

The price is payable in full on the day the order is placed by the Customer, via secure payment methods, including:

  • Credit or debit cards: Visa, MasterCard, American Express, and other bank cards.
    Payment by bank card is irrevocable, except in cases of fraudulent card use. In such instances, the Customer may request the cancellation of the payment and reimbursement of the relevant amounts.

Payment data is transmitted in encrypted format. Payments made by the Customer will be considered final only after full receipt of the amounts due by the Seller. Additionally, the Seller reserves the right, in case of non-compliance with the above payment terms, to suspend or cancel any orders in progress.

No additional fees may be charged to the Customer beyond those incurred by the Seller for the use of a particular payment method.

Article 8 – Delivery

Products ordered by the Customer will be delivered to mainland France, Belgium, and Luxembourg. Orders placed on the Site are dispatched on working days (Monday to Friday, excluding public holidays) and delivered from Monday to Saturday (excluding public holidays). Orders placed on Saturdays and Sundays will be processed the following Monday by the Seller.

Delivery takes place within the dispatch time specified on the Product page, plus order processing and shipping time, to the address indicated by the Customer at the time of order. Delivery is carried out by Colissimo (France and Belgium) and PT LUX (Luxembourg). Packages are delivered directly to the mailbox at the address provided by the Customer. If the mailbox is too small, the Customer will receive a delivery notice, allowing them to pick up the parcel at the specified location within the indicated timeframe. If the parcel is not collected within the stated timeframe, it will be returned to the Seller. In this case, the Customer will be refunded the order amount minus the delivery fees, using the same payment method as the purchase, unless otherwise agreed by the Customer.

Delivery is considered complete once physical possession or control of the Product has been transferred to the Customer. Except in the case of a specific situation or the unavailability of one or more Products, all Products ordered will be delivered in a single shipment.

The Seller undertakes to make every effort to deliver the ordered Products within the specified timeframe. However, these timeframes are provided for information only. If the Products have not been delivered within five business days after the estimated delivery date, for any reason other than force majeure or Customer fault, the sale may be cancelled at the written request of the Customer, under the conditions set forth in Articles L.216-2, L216-3, and L.241-4 of the French Consumer Code. In this case, the amounts paid by the Customer will be refunded within fourteen days of contract termination, with no additional compensation or deductions.

If the delivered Product is not compliant, the Seller agrees to either resolve the issue or refund the Customer, as stated in the article "Seller’s Liability – Warranty." The Seller is responsible for transport-related risks and must reimburse the Customer for any damage incurred during shipping.

The Customer is responsible for checking the condition of the Products upon delivery. They have a period of 30 days from the date of delivery to make any claims or report any visible defects or non-compliance (e.g., damaged or opened package), including supporting documentation (such as photos), via mail or email. After this period, and if the procedure is not followed, the Products will be deemed compliant and free from visible defects, and no claims will be accepted by the Seller.

The Seller will refund or replace, at no additional cost and as quickly as possible, any Products delivered that are proven to be defective or non-compliant, in accordance with Articles L.217-4 and following of the French Consumer Code and these Terms and Conditions (see warranties in particular).

Article 9 – Transfer of Ownership – Transfer of Risk

Ownership of the Products shall only be transferred to the Customer after full payment of the purchase price, regardless of the delivery date. Regardless of the ownership transfer date, the transfer of risks of loss and deterioration occurs only when the Customer physically takes possession of the Products. Therefore, the Products travel at the Seller's risk.

Article 10 – User Withdrawal Rights

In accordance with applicable legal provisions, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal without having to provide reasons or pay penalties, for an exchange or refund, provided the Products are returned in their original packaging and in perfect condition within 14 days of notifying the Seller of their decision to withdraw. Returns made beyond this period will not be accepted. Products must be returned in their original condition and complete (packaging, accessories, etc.), suitable for resale in new condition, and accompanied by the purchase invoice.

In accordance with Article L.221-28 of the French Consumer Code, certain items cannot be returned or exchanged for health and hygiene reasons once unsealed. These include, but are not limited to, underwear, swimwear, socks, and any other garments or accessories that come into direct contact with the skin and cannot be resold under hygienic conditions after use.

To ensure the safety and satisfaction of all our customers, we inform you that these items are non-returnable and non-exchangeable once their sealed packaging has been opened, unless they are found to be defective or non-compliant, in accordance with current legal provisions.

We thank you for your understanding and invite you to contact us with any further questions about our return policies.

These provisions apply without prejudice to the warranties stated in Article 11 of these Terms and Conditions, which remain fully enforceable. The right of withdrawal may be exercised online using the withdrawal form attached to these T&Cs (Appendix 1), which must be sent either by registered mail with acknowledgment of receipt to the address below, or by email to: contact@fordica.com.

If the withdrawal right is exercised within the above-mentioned time frame, only the price of the purchased Product(s) and delivery costs will be refunded; return shipping costs remain the responsibility of the Customer. The return package must be sent using the original packaging to the following address: Société X, 55039 BAR LE DUC CEDEX. The Seller does not accept postage-due parcels or mail. If the Customer cannot provide proof of dispatch through a carrier, any risk related to the return of a Product remains the Customer’s responsibility. The refund will be issued within 14 days of the notification of the withdrawal decision, using the same payment method as for the original transaction, unless expressly agreed otherwise by the Customer.

Article 11 – Warranties

The Products sold on the Site comply with current French and EU legislation and are suitable for non-professional use. Products supplied by the Seller are automatically covered, at no additional cost and independently of the right of withdrawal, by the following legal warranties:

  • Legal warranty of conformity, for Products that are defective, damaged, or not as described.

  • Warranty against hidden defects, arising from material, design, or manufacturing faults that render the product unfit for use.

Under the legal warranty of conformity, the Customer:

  • Has a period of two years from the date of delivery to take legal action against the Seller.

  • May choose between repair or replacement of the Product, subject to cost conditions outlined in Article L.217-9 of the French Consumer Code.

  • Is not required to prove the defect’s existence for 24 months following delivery.

This warranty applies regardless of any commercial warranty that may also apply. The Customer may also choose to implement the warranty for hidden defects under Article 1641 of the Civil Code and may request cancellation of the sale or a price reduction under Article 1644 of the Civil Code.

To assert their rights, the Customer must inform the Seller in writing of the non-conformity or hidden defect within 30 days of delivery or discovery and must return the defective Products as received with all elements (accessories, packaging, etc.). The Seller will refund, replace, or repair the defective or non-conforming Products. Shipping costs will be reimbursed at the invoiced rate, and return costs will be reimbursed upon presentation of receipts.

Refunds for Products deemed defective or non-conforming will be processed as quickly as possible and no later than 14 days after the Seller acknowledges the issue. Refunds will be made via bank transfer or check. The Seller is not liable in the following cases:

  • Non-compliance with the legislation of the destination country, which the Customer must verify.

  • Misuse, professional use, negligence, or lack of maintenance by the Customer.

  • Normal wear and tear, accident, or force majeure.

The Seller is not responsible for direct or indirect damages caused by use of the Site. In any case, if the Seller is found liable, damages will be limited to the amount paid by the Customer for the order. The Seller’s warranty is limited to replacing or refunding defective or non-conforming Products.

Article 12 – Legal Capacity

The Customer declares, prior to placing an order, that they have full legal capacity to enter into this contract. The Seller is not required to verify the legal capacity of its users or Customers. Therefore, if a person without legal capacity places an order on the Site, their legal guardians (e.g., parents or guardians) will assume full responsibility for the order and payment.

Article 13 – Personal Data Protection

In accordance with Law 78-17 of January 6, 1978, as amended by Law 2018-493 of June 20, 2018, it is recalled that personal data requested from the Customer is necessary for order processing and invoicing. This data may be shared with the Seller’s partners responsible for handling, processing, managing, and paying for orders.

Data processing complies with legal requirements concerning the protection of personal data. The information system used ensures optimal data protection. The Customer has, under current national and European regulations, the right to access, modify, rectify, oppose, port, and limit the processing of their data. These rights may be exercised under the conditions described on the Site.

Article 14 – Intellectual Property

All trademarks, photos, images, illustrations, logos, and all content on the Site are the property of the Seller and are protected under French and international intellectual property laws. Any full or partial reproduction, modification, or use of these elements, for any purpose or medium, without the express, prior, and written consent of the Seller is strictly prohibited and may constitute an infringement. The same applies to copyrights, designs, patents, or models displayed or used on the Site.

Article 15 – Unforeseeable Circumstances

In the event of unforeseeable changes in circumstances upon the conclusion of the contract, as per Article 1195 of the Civil Code, the Party that has not accepted the risk of excessively burdensome performance may request a renegotiation of the contract.

Article 16 – Force Majeure

Neither Party shall be held liable for failure or delay in fulfilling any of their obligations due to a force majeure event as defined in Article 1218 of the Civil Code.

Article 17 – Governing Law – Language – Jurisdiction

These Terms and Conditions and all transactions arising from them are governed by French law, regardless of the Customer’s country of residence or the location from which the order is placed. Any dispute regarding the existence, interpretation, execution, or termination of the contract between the Seller and the Customer, including multiple defendants, shall fall under the exclusive jurisdiction of the competent French courts. These Terms are written in French; in the event of translation into other languages, only the French version shall prevail in the event of a dispute.

Article 18 – Dispute Resolution

All disputes arising from purchases and sales under these Terms, relating to their validity, interpretation, execution, termination, or consequences, and that cannot be resolved amicably between the Seller and the Customer, shall be submitted to the competent courts under common law. The Customer is informed that they may, in any event, seek conventional mediation, in particular through the Consumer Mediation Commission (Article L 612-1 of the French Consumer Code), or relevant sectoral mediation bodies, whose references are listed on the Site, or any alternative dispute resolution method (e.g., conciliation) in case of a dispute.

If the Customer believes that a breach of the General Data Protection Regulation has occurred, they may mandate an association or body under Article 43 ter, IV of the French Data Protection Act of 1978, to obtain reparation before a civil or administrative court or before the national data protection authority (CNIL).

Article 19 – Pre-contractual Information – Customer Acceptance

By placing an order on the Site, the individual (or legal entity) fully agrees to and accepts these Terms and Conditions of Sale, as well as the obligation to pay for the ordered Products. This is expressly acknowledged by the Customer, who waives the right to rely on any contradictory document, which would be unenforceable against the Seller.