General Terms of Use

Preamble

FORDICA (hereinafter the “Publisher” and the “Seller”) is a simplified joint-stock company with a share capital of €2,000, whose registered office is located at Bâtiment D sur 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. The company FORDICA operates a multi-channel online retail business of ready-to-wear clothing. FORDICA offers, via its website, the purchase of clothing and accessories (hereinafter the “Products”) and hereby publishes these General Terms and Conditions of Use of its website www.fordica.com (hereinafter the “Website”), in order to govern the terms of access to and navigation on said Website, and to define the respective rights and obligations of each person using the Website (hereinafter the “User” and the “Client”) and of the Publisher within the scope of its use.

Article 1 – Legal notice

The publication of the Website is ensured by the company FORDICA identified above.

E-mail: contact@fordica.com

VAT number: FR31930574033

SIRET number: 930 574 033 00013

The Publishing Director is the marketing manager of FORDICA. The Website is hosted by GoDaddy.

Article 2 – Purpose

These General Terms and Conditions of Use (hereinafter the “Terms of Use”) define the conditions under which the Publisher provides Users with technological tools enabling them to purchase the Products offered for sale on the Website. They supplement the General Terms and Conditions of Sale (hereinafter the “Terms of Sale”), which govern the sales concluded between Clients and the Seller, who is also the Publisher, and must be accepted by the Client in order to access the services of the Website, at the time of registration and upon each purchase. These Terms of Use are accessible on the Website and shall prevail, where applicable, over any other version or contradictory document. Modifications to the Terms of Use are enforceable against Users as soon as they are posted online and cannot apply to transactions concluded previously. The version applicable to a Client’s purchase is the one in force on the Website at the date the order is placed. These Terms of Use must be accepted by any User wishing to access the Website. They constitute the agreement between the Website and the User. Access to the Website by the User signifies acceptance of these Terms of Use. If the User does not accept these Terms of Use, they must refrain from accessing the services offered by the Website. The Website reserves the right to modify unilaterally and at any time the content of these Terms of Use.

Article 3 – Scope

These Terms of Use apply without restriction or reservation to the use of the technological services and tools made available to Clients by the Publisher. These tools enable Clients to register on the Website, communicate with the Seller, place orders, make payments, confirm receipt and contact the Seller if necessary. Sales conducted via the Website are concluded directly between the Client and the Seller.

Article 4 – Access to the Website

Access to the Website is strictly reserved for non-professional Clients acting in a private capacity, which the Client declares and acknowledges when using the Website, also agreeing to perform in good faith all purchase operations carried out through the Website. Use of the Website is free and without obligation to purchase. All costs incurred by the User to access the Website (computer hardware, software, Internet connection, etc.) are their sole responsibility. Only the purchase of Products from the Seller is subject to payment, under the conditions set out in the Terms of Sale, which the Client also accepts when placing an order through the Website.

Users who are not registered members do not have access to reserved services. To access these services, the User must accept these Terms of Use and register on the Website through a form, becoming a Member User. The User agrees to provide truthful and accurate information regarding their identity and contact details, in particular their email address. The User is responsible for updating the information provided and may modify it by accessing their account. Personal and confidential login credentials are assigned after registration. The User agrees to keep these credentials confidential and shall not disclose them to any third party. The User is solely responsible for use of their credentials and access to the Website, except in cases of proven fraudulent use for which they cannot be held responsible. Any fraudulent use of these credentials of which the User becomes aware must be immediately reported in writing to the Publisher.

In the event of breach of these Terms of Use, the Website reserves the right to temporarily or permanently suspend or terminate the User’s access without notice or compensation. Any event caused by force majeure leading to malfunction of the Website or the server, or maintenance interruptions, shall not engage the responsibility of the Website. In such cases, the User agrees not to hold the Publisher liable for any interruption or suspension of service, even without prior notice. The User may contact the Website via email at the following address: contact@fordica.com

Article 5 – Personal data protection

In accordance with Law No. 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, on Information Technology, Data Files and Civil Liberties, it is reminded that personal data requested from the User by the Website are necessary both to grant access to the Website’s services and for order placement and processing. These data are communicated to the Seller in order to allow shipment of the Client’s orders and may not be used for any other purpose. The Publisher undertakes to ensure the security of the personal data stored for the needs of order execution and tracking. Processing of data complies with legal requirements regarding protection of personal data, and the information system used ensures optimal security of such data. The User has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and restriction of processing with regard to their data. This right may be exercised under the conditions and procedures defined on the Website via email through a contact form accessible to all visitors.

Article 6 – Intellectual property

The content of the Website (texts, images, sounds, etc.) is the 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. Trademarks, logos and signs displayed on the Website are the exclusive property of the Website.

Article 7 – Liability

The Publisher cannot be held liable in the event of misuse of the Website services by the User or fault on their part. Nor can it be held liable for events attributable to third parties. The sources of the information displayed on the Website are deemed reliable, but the Website does not guarantee that it is free from defects, errors or omissions. The information provided is for informational purposes only and has no contractual value. The User assumes full responsibility for the use and interpretation of the content and information presented on the Website. Any use of the Website by the User resulting directly or indirectly in damage, loss or prejudice to the Website must give rise to compensation in favor of the Website. The User undertakes to provide such indemnification upon request.

Article 8 – Hyperlinks

Hyperlinks may appear on the Website. The User is informed that by clicking on these links they will leave the Website. The Website has no control over the pages accessed through such links and cannot be held liable for their content. The User therefore agrees not to hold the Website responsible for the content or resources relating to these external hyperlinks.

Article 9 – Cookies

The User is informed that during visits to the Website, a cookie may be automatically installed on their browser. Cookies are temporary files stored on the User’s hard drive by the browser and are necessary for the use of the Website. Cookies contain no personal information and cannot be used to identify individuals. A cookie contains a unique anonymous identifier generated randomly. Information contained in cookies is used to improve the Website, for example by enabling a service to recognize the User’s device so they do not need to re-enter information; remembering login details so they are not required on each page; monitoring usage to improve performance; analyzing anonymous data to improve services. By browsing the Website, the User accepts their use. If the User refuses cookies, some features or pages may not be available.

Article 10 – User publications

The Website allows Member Users to publish comments and reviews. In their publications, the Member User agrees to respect netiquette rules and applicable law. The Website may apply moderation and reserve the right to refuse publication without justification. The Member User retains full intellectual property rights over their content, but by publishing they grant the Publisher a non-exclusive worldwide free license to reproduce, adapt, modify, distribute and publish their content on any medium for the duration of copyright ownership. The Publisher undertakes to identify the author’s name near each usage. Content published by the User is their sole responsibility. The User agrees not to publish content that may infringe upon the interests of third parties. Any legal action initiated by a third party will be the full responsibility of the User. Content may be removed or modified by the Website at any time without notice.

Article 11 – Partial invalidity

If one or more provisions of these Terms are held to be invalid or declared such pursuant to a law, regulation or final decision of a competent court, the remaining provisions shall continue to have full force and effect.

Article 12 – Governing law

These Terms of Use and the operations arising from them are governed by French law. They are written in French. If translated into one or more languages, only the French text shall prevail in case of dispute.

Article 13 – Pre-contractual information – User acceptance

13.1 Acceptance by the User

Placing an order on the Website by any natural or legal person implies full and unconditional acceptance of the Terms of Sale, which is expressly acknowledged by the User.

13.2 Identification

Our contact details are as follows:

The Website refers to the company FORDICA, Registered office: Bâtiment D sur les Collines, 173 Route de Saint-Pierre de Féric – 06000 NICE

Share capital: €2,000

RCS (NICE): 930 574 033

EU VAT number: FR31930574033

E-mail address: contact@fordica.com

Article 14 – Disputes

Any dispute relating to the interpretation or performance of these Terms of Use shall fall under the jurisdiction of the French courts. Complaints must be submitted via the Website. The User is informed that they may in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L.612-1 of the French Consumer Code), or to existing sectoral mediation bodies whose details appear on the Website, or to any alternative dispute resolution method (conciliation, for example) in case of a dispute. Users noting a violation of GDPR may instruct an association or body mentioned in Article 43 ter IV of the French Data Protection Act of 1978 to obtain compensation before civil or administrative courts or before the French Data Protection Authority (CNIL).