E-business General Terms and Conditions of the www.fred.com Website
The company Fred Paris manufactures and directly and indirectly sells jewelry, watches and accessories (non-exhaustive list) under the FRED brand worldwide.
In a concern to always better meet its customers' expectations, Fred Paris wished to establish an e-business website (the "Online Boutique") in parallel with its network of boutiques selling FRED products. This website presents a selection of FRED products.
The Online Boutique can be visited at the following address: www.fred.com
A detailed description of FRED products is provided when each item is displayed in the Online Boutique.
This system requires your active participation. It meets legal requirements for e-business and consumer protection.
Use of the e-business process described in these general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") is reserved for consumers. The Products are not intended for resale.
1 - Scope
The General Terms and Conditions of Sale apply to all orders for FRED products on sale through the Online Boutique. We invite you to read them carefully.
You can consult the General Terms and Conditions of Sale at any time on the website, and can save them on your computer or print them.
The General Conditions of Sale are applicable for as long as they appear on the website.
2 - Identification of the Seller
FRED products are sold by FRED Paris, public limited company with registered capital of €15,513,375, registered at the Paris corporate register under the number B 582 088 159, with registered office at 131 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, France, Intracommunity VAT number FR67 582 088 159. Telephone: +33 (0) 1 55 62 32 00
3 – Orders
FRED products can be selected for order in the following ways:
At your first order, FRED Paris will ask you to fill out an order form containing a number of required fields, so that FRED Paris can record your selection.
In the event of prolonged inactivity during your connection, the FRED products selected before inactivity may not be saved. You will be invited to select the FRED products once again.
Before your order becomes final, you can check the details of your order and its total price, and correct any errors, before accepting the order. Be aware that every order requires the obligation to pay. To validate definitively your order you have to click on the button “Pay for your order” and after on “Yes, I confirm my payment”.
Following each order placed in the Online Boutique, you will receive a confirmation email containing the order number and details of the FRED products ordered.
All the steps required to place the order are listed on the site.
Despite all the care taken by FRED Paris in presenting its FRED products in its Online Boutique, FRED Paris cannot guarantee that their actual appearance corresponds exactly to how they appear on screen. FRED Paris cannot be held liable for any non-substantial errors that might occur. To receive additional information on the product you wish to order, contact FRED Paris's Customer Service Department by telephone or email.
To be permitted to place an order, the Customer must be of legal age and have legal capacity. Orders are accepted while supplies last and dependent on production capacities. Should ordered articles no longer be available despite FRED Paris's best efforts, FRED Paris will inform you of this by any means (telephone or email) as quickly as possible and will refund you if you wish by crediting your bank account.
In compliance with the provisions of Article L.122-1 of the Consumer Code, FRED Paris reserves the right to refuse any abnormal order or orders placed in bad faith, and will have the right to refuse any retail order exceeding five articles, within a limit of a maximum of three identical articles ordered. This type of verification is made after orders are placed.
Furthermore, FRED Paris reserves the right to refuse any order from a customer with whom it has had a dispute regarding a previous order.
4 - Prices
The prices of FRED products are indicated in euros, all taxes included. These taxes will be indicated on the purchase order before final approval of the order. The final invoice will be delivered to you with your order.
FRED Paris takes the utmost care in guaranteeing the correctness of the prices in its Online Boutique. However, in the event of an error on its part, FRED Paris reserves the right not to provide FRED products whose price is manifestly incorrect.
FRED Paris may modify the prices indicated in the Online Boutique at any time and without notice. However, modified prices will be applied only to new orders, and not to orders already placed.
5 - Conditions of Payment
Purchases may be paid by Paypal and credit card : FRED Paris accepts CB Visa, Eurocard/Mastercard and American Express credit cards issued on bank accounts domiciled in the European Union.
Your credit card will be debited at order confirmation.
For this purpose, you guarantee that you are the holder of the credit card to be debited and that the name appearing on it is your own.
You then enter the 16-digit number and the card expiration date, appearing on the front of the card, as well as, if appropriate, the numbers on the visual cryptogram appearing on the back.
Information related to your order is processed automatically by Ogone. The purpose of this automated data processing is to establish a level of analysis for a transaction and to prevent credit card fraud.
Ogone and the merchant with which you make your purchase receive this data in relation to your order. Failure to transmit data in relation to your order prevents the performance and analysis of your transaction.
Unpaid orders due to fraudulent credit card use will result in the data related to your unpaid order being registered in a payment incident file by Ogone. False entries or abnormalities may also receive specific processing.
In compliance with the Data Protection Act no. 78-17 of January 6, 1978, as amended by the provisions of Act no. 2004-801 of August 6, 2004, you have the right to access, correct and oppose all of your personal data at any time, in writing and with proof of identity, to FRED Service Web, 131 avenue Charles de Gaulle, Neuilly-sur-Seine 92200, France.
6 - Deliveries
Your FRED products will be delivered to the address that you provide at the time of order. Except in special cases or for the unavailability of one or more FRED products, all FRED products in the same order will be delivered together.
FRED Paris delivers FRED products only in Metropolitan France and Corsica, and to member states of the European Union (Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, and Sweden).
If you are not in Metropolitan France (including Corsica) or in a member state of the European Union, FRED Paris invites you to consult our list of FRED resellers in your country, in the "Boutiques" section, under "Retailers".
You may also have your FRED products delivered to the person of your choice in Metropolitan France (including Corsica) or in a member state of the European Union.
Deliveries cannot be made to hotels or post office boxes.
Delivery will be made to the address indicated on your order once payment of the order has been recorded.
Your order will be delivered by express delivery within approximately three business days (weekdays, excluding Saturdays, Sundays and public holidays). Deliveries will be made against a signature. The first two presentations of the courier will be free.
Without prejudice to the time assigned to you under your right of withdrawal defined in Article 8 below, you are responsible for checking the package upon arrival and making all reservations and claims you consider justified to the courier, or refuse the package, if it may have been opened or if there is obvious evidence of damage. In the event of damage to the products, please describe the damage in detail on the delivery note.
There is no charge for deliveries made within Metropolitan France and Corsica.
Deliveries to member states of the European Union except for France (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Spain, Slovakia, Slovenia, Sweden and United Kingdom) will be charged €19 as indicated on the website prior to customer order acceptance. First delivery of the products is covered by FRED Paris.
7 - Transfer of Ownership - Transfer of Risk
Ownership of FRED products is transferred following complete payment of their price.
Risks are transferred upon delivery, i.e. when FRED products are delivered to the delivery address indicated on the order form.
8 – Right of Withdrawal - Returns
FRED Paris is committed to ensuring you are fully satisfied with your purchases. Consequently, if you are not satisfied with your FRED products, you may return them and be refunded under your right of withdrawal stipulated by Article L.121-1 of the Consumer Code.
You may return FRED products within fourteen (14) days of delivery.
Exchanges may also be made within a period of fourteen (14) days. To exercise your right of withdrawal, FRED asks that you notify it on the website under the "My Account" section, then "Return a Product" and fill in the retraction form sending it back with the product. You may stipulate whether you are requesting a refund or a product exchange (same product, different size).
You can also contact our customer service department by email at email@example.com for more information.
Merchandise must be returned to FRED Paris in its original packaging, complete (accessories, notice, label, etc.), along with the completed return form and a copy of the invoice to the following address:
51, rue d'Aboukir
You are responsible for shipping charges and returns are under your liability. To facilitate proof of return, FRED Paris recommends you return products using the postal service's "Declared Value" service, or via any other method proving the date of shipping.
FRED Paris will refund returned FRED products at their invoiced price, according to their payment method, within fourteen 14 (days) of the date on which you exercised your right of withdrawal.
You alone may exercise the right of withdrawal. This right cannot be exercised by the recipient of your order.
FRED products that are returned incomplete, damaged, deteriorated, soiled or in any other condition leading to a reasonable supposition that they have been worn, will not be exchanged or refunded, and will be returned to the sender by post.
9 – Liability – Guarantee
You must ensure that the FRED products delivered to you match your order.
Despite any specific guarantees that may be provided with the FRED products delivered, the FRED products presented in our Online Boutique are subject to the legal guarantee conditions established in Articles L.211-4, L.211-5, and L.211-12 of the Consumer Code as well as in Articles 1641 and 1648 of the Civil Code.
The photographs, drawings and descriptions of the products offered for sale are for information purposes only and are not binding on FRED Paris.
10 – Claims – Information
For information, claims or questions regarding the terms of sale of the Online Boutique or regarding FRED products, please contact our Customer Service Department at the address below, providing your order number, if applicable:
FRED, Service Relations Clientèle WEB
131 avenue Charles de Gaulle
92200 Neuilly-sur-Seine, France
Tel.: +33 (0) 01 55 62 32 32
11 – Protection of Privacy
FRED Paris does its utmost to protect your privacy. FRED Paris has created a computer file containing certain personal data on its customers in respect of personal data protection legislation.
When you place your first order in our Online Boutique with our Customer Service Department, your data will be added to this file, allowing us to honor your order, then to better meet your expectations and facilitate the assistance services provided by the Customer Service Department.
This data may also be transmitted to subsidiaries of FRED Paris.
This database has been reported as required by the Data Protection Act no. 78-17 of January 6, 1978, as amended by the provisions of Act no. 2004-801 of August 6, 2004.
If you agree to share individual personal data, you will have the right to access, delete and correct your data as established by the law. You may exercise this right in writing by contacting the Customer Service Department at the address in the previous article.
You will find privacy protection information in the legal notice and the website conditions of use.
12 – Intellectual Property
The FRED brand as well as all brands, whether figurative or not and more generally all other brands, illustrations, images and logotypes appearing on FRED products, their accessories or packaging, whether registered or not, are and remain the exclusive property of FRED Paris.
Any reproduction, whether in whole or in part, modification or use of these brands, illustrations, images and logotypes, for any reason or on any medium is strictly prohibited.
The same prohibition applies to any combination of conjunction with any other brand, symbol or logotype and more generally any distinctive sign intended to form a composite logo. These last provisions also apply to all copyrights, drawings, models and patents reproduced on the site.
The use of all or part of the Online Boutique, in particular via downloading, reproduction, transmission or representation for purposes other than personal and private use for a non-commercial purpose is prohibited.
13 – Force Majeure
Fulfillment by FRED Paris of all or part of its obligations will be suspended in the event of the occurrence of exceptional circumstances or acts of God disrupting or delaying fulfillment.
The following are considered thus, including but not limited to war, riots, insurrections, civil unrest, strikes of all types and procurement problems of FRED Paris.
FRED Paris will inform you of a similar exceptional circumstance or act of God within seven days of its occurrence. Should this suspension persist for more than fifteen days, you may cancel your order and you will be refunded under the conditions listed in Article 8 above.
14 - Applicable Law – Language – Disputes
These General Terms and Conditions of Sale are governed by and subject to French law. They are drafted in French. If they are translated into one or more languages, the French version shall prevail should a dispute arise.
All disputes which may arise from the General Terms and Conditions of Sale that could not be settled through an amicable solution (including mediation as the case may be), shall be subject to the jurisdiction of competent courts as designated per applicable laws.
With respect to any dispute in relation to an order on the website or the delivery of any such order, and following unsuccessful written complaint from the Customer to the Customer service department (dated within one (1) year), the Customer may refer such dispute to any alternative dispute resolution and in particular the services of the following mediator: CMAP - 39, avenue Franklin D. Roosevelt, 75008 Paris, France - www.cmap.fr and/ or the services of the European dispute resolution online platform at the following address: http://ec.europa.eu/odr which will try, with complete independence and impartiality, to reach an amicable solution. The Customer is free to accept or to refuse the recourse to mediation process, and each Party is free to accept or to refuse the solution proposed by the mediator.