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, whose registered office is located at Bâtiment D sur les Collines, 173 Route de Saint-Pierre de Féric – 06000 NICE, and registered with the Trade and Companies Register of NICE under number 930 574 033. FORDICA operates a multi-channel online retail business for ready-to-wear clothing. The company offers, through 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 and conditions of access and navigation on said site, and to determine the respective rights and obligations of each person using the Website (hereinafter the “User” and the “Client”) and the Publisher in connection with its use.

Article 1 – Scope

These general terms and conditions of sale (hereinafter the “GTC”) apply without restriction or reservation to all sales concluded by the Seller with consumers and non-professional buyers (hereinafter the “Clients” or the “Client”) wishing to purchase the products offered for sale by the Seller on the online store accessible via the Internet at www.fordica.com (hereinafter the “Website”). For the purposes hereof, it is agreed that the Client and the Seller shall collectively be referred to as the “Parties”. The Website is published by the above-mentioned company FORDICA. These GTC specify in particular the conditions of ordering, payment, delivery and management of any returns relating to the Products ordered by the Clients. These GTC may be supplemented by special conditions, including the General Terms of Use, set out on the Website prior to any transaction with the Client. These GTC apply to the exclusion of all other conditions. They are accessible at all times on the Website and shall prevail, if necessary, over any other version or conflicting document. As these GTC may be subject to future amendments, the version applicable to the Client’s purchase is the version in force on the Website at the date the order is placed. Amendments to these GTC are binding on users of the Website once published online and cannot apply to transactions concluded prior to their publication.

Article 2 – Products offered for sale

The Products offered for sale by the Seller are those which appear on the Website on the date the Website is consulted by the Client and subject to availability. The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the Website. The Client is responsible for consulting these before placing any order. The choice and purchase of a Product is the sole responsibility of the Client. The Products offered for sale on the Website comply with French regulations. The photographs and graphics displayed on the Website are for illustration purposes only and are not contractually binding on the Seller. The Client must refer to each Product description to understand its properties, essential features and delivery times. Contractual information is presented in French and is confirmed at the latest at the time of order validation by the Client. The Products presented on the Website are offered for sale in mainland France, Belgium and Luxembourg.

Article 3 – Validity period of Product offers

Product offers are valid within the limits of available stock, as specified at the time the order is placed.

Article 4 – Seller contact details

The Seller can be contacted at the following address:

  • SAS FORDICA,
  • Registered with the RCS of NICE under number 930 574 033
  • Registered office: Bâtiment D sur 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 amended and supplemented by the General Data Protection Regulation (GDPR) of May 25, 2018, the Client has the right, at any time, to access, rectify, oppose, delete or transfer personal data by writing to the Seller at the address indicated above, providing proof of identity. Validation of the order by the Client constitutes full and unconditional acceptance of these GTC. The Client acknowledges having the necessary legal capacity to contract and to purchase the Products offered on the Website.

Article 5 – Orders

5.1. Browsing within the Website

The Client may review the various Products offered for sale by the Seller on the Website. They may freely browse the different pages of the Website without being bound by an order. By connecting to or using the Website, the Client is nevertheless 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 GTC, the General Terms of Use, and the Cookies Policy, without prejudice to any specific contractual conditions agreed between the Parties. It is the Client’s responsibility to select on the Website the Products they wish to order. The Client has the option to verify the details of their order, the total price, and to correct any errors before validating it. It is the Client’s responsibility to verify the accuracy of the order and to immediately report or correct any errors.

An order is recorded on the Website when the Client accepts these GTC by checking the appropriate box and validates their order. This validation implies acceptance of all provisions of these GTC as well as the General Terms of Use of the Website. The sale becomes final only after the Seller sends the Client confirmation of acceptance of the order by email, which must be sent without delay and after full payment has been collected. The Seller recommends that the Client keep the confirmation email on paper or electronic support.

The Client is informed that emails are sent to the email address they have provided. In the case of an error in entering the relevant email address or failure to receive the order confirmation message, the Seller cannot be held liable. In such case, the sale will nevertheless be considered final. The Client may still exercise their right of withdrawal under the conditions set out in Article 10 of these GTC and the Seller shall be entitled to collect full payment for the order.

Any order placed, validated by the Client, and confirmed by the Seller, under the conditions and according to the methods described above on the Website, constitutes the formation of a contract concluded remotely between the Client and the Seller. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to payment of a previous order. It is reminded that purchases made on the Website are reserved for private non-professional customers for their own personal use. For this reason, the Seller only sells its Products in quantities corresponding to the usual average 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 number of Products or payment amount (for a single or several combined orders) does not correspond to an average household usage, or any order suggesting that an economic activity is being carried out by the Client in connection with the ordered Products, or more generally any abnormal order within the meaning of applicable case law. The Client may track the progress of their order on the Website.

5.3. Modifying an order

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

5.4. Cancelling an order

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

Article 6 – Prices

The Products are supplied at the prices in force listed on the Website at the time the order is registered by the Seller. Prices are expressed in Euros, excluding and including VAT. Prices take into account any discounts that may be granted by the Seller on the Website. These prices are firm and non-revisable during their period of validity, as indicated on the Website, with the Seller reserving the right, outside this validity period, to modify prices at any time.

Prices do not include processing, shipping, transport and delivery fees, which are charged additionally under the conditions indicated on the Website and calculated prior to the order being placed. The amount requested from the Client corresponds to the total purchase amount, including any applicable fees.

Article 7 – Payment terms

The price is payable in full on the day the order is placed by the Client, through secure payment, according to the following methods:

  • By bank cards: bank card, Visa, MasterCard, American Express, other bank cards.
    Payment by bank card is irrevocable, except in the case of fraudulent use of the card. In such event, the Client may request cancellation of the payment and the return of the corresponding sums.
    Payment data is exchanged in encrypted mode. Payments made by the Client will be considered final only after effective receipt of the amounts due by the Seller.

The Seller reserves the right, in the event of failure to comply with the payment conditions set out above, to suspend or cancel delivery of pending orders placed by the Client. No additional fee exceeding the actual costs borne by the Seller for the use of a payment method may be charged to the Client.

Article 8 – Delivery

The Products ordered by the Client will be delivered to mainland France, Belgium and Luxembourg. Orders placed on the Website are shipped on business days (Monday to Friday excluding public holidays) and delivered Monday to Saturday (excluding public holidays). Orders placed on Saturday and Sunday will be processed the following Monday by the Seller.

Delivery shall take place within the dispatch time indicated on the Product sheet, in addition to processing and transport time, to the address indicated by the Client when placing the order. Delivery is made by Colissimo (France and Belgium) and PT LUX (Luxembourg). The parcel is delivered to the mailbox at the address provided by the Client. If the mailbox is too small, the Client will receive a delivery notice allowing them to collect the parcel at the location specified, within the indicated time limit. If the parcel is not collected within the specified time, it will be returned to the Seller. In such case, the Client will be refunded the amount of the order minus delivery fees, using the same payment method used for purchase, unless expressly agreed otherwise by the Client.

Delivery is considered completed when physical possession or control of the Product is transferred to the Client. Except in special cases or if one or more Products are unavailable, ordered Products will be delivered at the same time.

The Seller undertakes to make every effort to deliver Products ordered by the Client within the time frames indicated above. However, these deadlines are indicative. If the Products have not been delivered within 5 working days after the indicative delivery date, for any reason other than force majeure or due to the Client, the sale may be cancelled at the Client’s written request, under the conditions provided for in Articles L.216-2, L.216-3, L.241-4 of the French Consumer Code. Sums paid by the Client will then be refunded within fourteen days following cancellation, excluding any compensation or retention.

In the event of non-conformity of the delivered Product, the Seller undertakes to remedy the issue or refund the Client, as indicated in the section “Seller Liability – Warranty”. The Seller assumes responsibility for transport risks and must refund the Client in case of damage caused during transport.

The Client must check the condition of delivered Products. They have 30 days from delivery to submit, by mail or email, any claims for non-conformity or apparent defect (for example: damaged or previously opened parcel) with supporting evidence (including photos). After this deadline and failure to comply with these formalities, the Products shall be deemed compliant and free of any defect, and no claim may be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at its own expense any Products delivered with proven defects or non-conformity, under the conditions provided in Articles L.217-4 and following of the French Consumer Code and under these GTC (including warranty rules).

Article 9 – Transfer of ownership – Transfer of risks

The transfer of ownership of the Products from the Seller to the Client shall only occur after full payment of the price by the Client, regardless of the delivery date of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating to them shall occur only when the Client takes physical possession of the Products. The Products therefore travel at the Seller’s risk.

Article 10 – Right of withdrawal

In accordance with current legal provisions, the Client has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal from the Seller, without having to provide reasons or pay any penalty, for an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the notification to the Seller of the Client’s decision to withdraw. Returns made beyond this deadline will not be accepted.

Returns must be made in their original condition and complete (packaging, accessories, etc.), allowing them to be put back on the market as new, accompanied by the purchase invoice.

In accordance with Article L.221-28 of the French Consumer Code, certain items cannot be returned or exchanged after delivery for health and hygiene protection reasons. These items include, but are not limited to, underwear, swimwear, socks, as well as any clothing or accessory in direct contact with the skin and which may not be resold in an optimal hygienic condition after use.

To ensure the safety and satisfaction of all our customers, please note that these items cannot be refunded or exchanged once their sealed packaging has been opened, except in cases of proven lack of conformity or hidden defect, in accordance with applicable legal provisions.

These provisions apply without prejudice to the guarantees set out in Article 11 of these GTC, which remain fully applicable. The right of withdrawal may be exercised online using the withdrawal form attached to these GTC (Appendix 1), which must be sent either by registered mail with acknowledgment of receipt to the address below, or to the following email address: contact@fordica.com.

If the right of withdrawal is exercised within the above deadline, only the price of the Product(s) purchased and the delivery fees will be refunded; return shipping costs remain the responsibility of the Client. The Client must return the parcel by post, using the original packaging, to the following address:
Société X — 55039 BAR LE DUC CEDEX.

The Seller does not accept parcels or mail returned with postage due. If the Client cannot prove that they have indeed dropped off the parcel with a transporter, all risks related to the return of a Product remain the responsibility of the Client.

Refunds will be made within 14 days from notification to the Seller of the Client’s decision to withdraw, using the same payment method as that used for the initial transaction, unless expressly agreed otherwise by the Client.

Article 11 – Legal warranties

The Products offered for sale on the Website comply with the regulations in force in France and in the European Union and have performance compatible with non-professional use.

The Products supplied by the Seller benefit automatically and at no additional cost, independently of the right of withdrawal, and in accordance with legal provisions:

  • from the legal guarantee of conformity for Products apparently defective, damaged, or not corresponding to the order,

  • from the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered Products and rendering them unfit for use.

It is reminded that within the framework of the legal guarantee of conformity, the Client:

  • has a period of two years from delivery of the goods to take action against the Seller;

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

  • is exempt from providing proof of the existence of the lack of conformity of the Product for twenty-four months following delivery.

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product.

The Client may decide to implement the warranty against hidden defects in the Product, in accordance with Article 1641 of the French Civil Code; in such case, they may choose between cancellation of the sale or a reduction of the price in accordance with Article 1644 of the French Civil Code.

To assert their rights, the Client must inform the Seller in writing of the non-conformity of the Products within a maximum of 30 days from delivery of the Products or from discovery of hidden defects, and return the defective Products in the condition in which they were received with all elements (accessories, packaging, etc.).

The Seller will refund, replace or repair, as soon as possible and at its own expense, the Products or parts under warranty deemed non-conforming or defective.

Shipping costs will be refunded on the basis of the invoiced rate, and return costs will be refunded upon presentation of receipts.

Refunds for non-conforming or defective Products will be made as soon as possible and at the latest within 14 days following confirmation by the Seller of the lack of conformity or hidden defect.

Refunds will be issued by credit to the Client’s bank account or by bank check sent to the Client.

The Seller shall not be held liable in the following cases:

  • non-compliance with the legislation of the country in which the Products are delivered, which is the Client’s responsibility to verify,

  • improper use, use for professional purposes, negligence or lack of maintenance by the Client, normal wear and tear of the Product, accident or force majeure.

The Seller disclaims all liability for direct and indirect damages, whether foreseeable or not, caused during use of the Website.

If the Seller’s liability is established and retained due to loss suffered by the Client solely attributable to placing an order, such liability shall be limited to the amount paid by the Client for the order.

The Seller’s warranty is limited, in any case, to the replacement or refund of Products found to be non-conforming or affected by a defect.

Article 12 – Legal capacity

The Client declares, prior to placing an order, that they have full legal capacity allowing them to commit under these GTC. The Seller cannot in any case be required to verify the legal capacity of Website visitors and Clients. Consequently, if a person lacking legal capacity orders Products on the Website, their legal representatives (parents or guardians, in particular) would assume full responsibility for the order and would notably be required to honor the payment.

Article 13 – Personal data protection

In application of Law No. 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client are necessary for processing their order and for preparing invoices. These data may be communicated to the Seller’s potential partners responsible for execution, processing, management and payment of orders.

Processing of information communicated via the Website complies with legal requirements regarding personal data protection; the information system used ensures optimal protection of such data.

The Client has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and limitation of processing with respect to the information concerning them. This right may be exercised under the conditions and according to the procedures defined on the Website.

Article 14 – Intellectual property

All trademarks and all photos, images, illustrations and logos, as well as any content on the Website, are the property of the Seller and are protected by French and international laws relating to intellectual property. Any full or partial reproduction, modification or use of trademarks, photos, illustrations, images and logos or Website content, for any reason and on any medium whatsoever, without the express prior written consent of the Seller, is strictly prohibited and may constitute an act of counterfeiting. The same applies to all copyright, designs, models and patents featured on and/or used on the Website.

Article 15 – Hardship

In the event of a change in unforeseeable circumstances at the time the contract is concluded, in accordance with Article 1195 of the French Civil Code, the Party that has not agreed to assume an excessively burdensome execution risk may request renegotiation of the contract from the other Party.

Article 16 – Force majeure

The Parties shall not be held liable if failure to perform or delay in performing any of their obligations described herein results from an event of force majeure within the meaning of Article 1218 of the French Civil Code.

Article 17 – Governing law – Language – Jurisdiction

These General Terms and Conditions of Sale and the transactions arising from them are governed by French law, regardless of the Client’s country of residence or the place where the order was placed. Any dispute relating to the existence, interpretation, performance or termination of the contract concluded between the Seller and the Client, and more generally any dispute regarding the present, shall fall within the exclusive jurisdiction of the competent French courts, in the absence of agreement between the Parties.

They are drafted in French. In the event that they are translated into one or more languages, only the French text shall prevail in case of dispute.

Article 18 – Disputes

Any disputes arising from purchase or sale transactions concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences and follow-up and which could not be resolved between the Seller and the Client, shall be submitted to the competent courts under common law conditions.

The Client is informed that they may in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Art. L.612-1 of the French Consumer Code) or with existing sectoral mediation bodies, the references of which appear on the Website, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The Client, noting that a violation of the General Data Protection Regulation may have been committed, has the option of instructing an association or organization mentioned in Article 43 ter IV of the French Data Protection Act of 1978, to obtain compensation before a civil or administrative court or before the French Data Protection Authority (CNIL) against the data controller or processor.

Article 19 – Pre-contractual information – Acceptance by the Client

Placing an order on the Website by any natural (or legal) person implies full and unconditional adherence to these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, as expressly acknowledged by the Client, who notably waives any contradictory document that would be unenforceable against the Seller.