TERMS AND CONDITIONS FOR DISTANCE SELLING VIA WWW.FRED.COM

Last updated 24/06/2020

TERMS AND CONDITIONS FOR DISTANCE SELLING VIA WWW.FRED.COM

Last updated 24/06/2020



Fred Paris ("FRED") manufactures and markets, directly and indirectly, items of jewellery and accessories (non-exhaustive list) worldwide, under the FRED brand.
Always seeking better ways to serve its customers, FRED decided to set up – alongside its network of boutiques distributing FRED products – a site for distance selling via the Internet at: www.fred.com (the "Site"). The Site showcases a selection of FRED products. Note: certain products are not available for purchase online; they are clearly identified on the Site.
Detailed descriptions of the FRED products can be obtained when viewing each of them individually, while browsing the Site.
Conditions pertaining to sales on the Site are outlined in the terms and conditions of sale (hereafter the "Terms and Conditions of Sale"). The Site is solely intended for private, non-commercial use by consumers.

1 - Scope of application
The Terms and Conditions of Sale apply to all orders placed by a customer (the "Customer") for FRED products sold on the Site to Countries in the European Union – except United Kingdom - (mainland France (including Corsica), Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Czech Republic, Romania,  Slovakia, Slovenia and Sweden). Please read them carefully.
The Customer can access the prevailing Terms and Conditions of Sale at any moment by visiting the Site and can save them to his/her computer or print them out.
These Terms and Conditions of Sale may be amended at any time. The amended Terms and Conditions of Sale will take effect on the date of publication on the Site, but will not affect orders placed before that.
By ordering a FRED product from the Site, the Customer acknowledges, by ticking the "I have read and accept FRED's T&Cs" box, that he/she has taken note of the Terms and Conditions of Sale in force on the day of the order – before placing his/her order – and has accepted them without restriction, this acceptance being in no way conditional on a handwritten signature from the Customer.

2 - Merchant identification
The FRED products sold on the Site are sold to you by Fred Paris, a stock corporation (“société anonyme”) with a stated capital of €15,513,375 registered with the Paris Trade and Companies Register under number B 582 088 159 with its head office at 29 rue des Pyramides, 75001 Paris, intra-community VAT no. FR67 582 088 159. Tel.: +33 (0)1 82 28 21 01, email:  fred@approche-sur-mesure.fr.

3 – Orders
The Customer can place orders for FRED products on the Site as follows.
In order to place an order, the Customer must create a customer account. In this way, when placing his/her first order, FRED will request that the Customer fills out a form containing certain compulsory fields, so that FRED can process the Customer’s product selection. These compulsory fields are marked with an asterisk.
In the event of prolonged inactivity, it is possible that the selection of FRED products picked out and placed in the Customer’s basket become unavailable. The Customer will then be invited to restart the process of selecting FRED products from the beginning. Before any order becomes final, the Customer will be given an opportunity to verify the details of his/her order and its total price, and to correct any errors before confirming it. Please be aware that any order carries with it the obligation to pay. To definitively confirm an order, click on the "PAY" button.
For orders placed in the online Store, a confirmation email will be sent to the Customer, referencing his/her order number and the details of the FRED products ordered and containing the Terms and Conditions of Sale and the withdrawal form. All the steps involved in the placing of an order are detailed on the Site.
In spite of FRED’s best efforts regarding the presentation of the FRED products on the Site, FRED cannot guarantee that how they look in reality will exactly match how they look on screen. FRED will not be held responsible for any minor inaccuracies that may occur.
The Customer can obtain further information about the FRED products he/she wishes to order by calling FRED’s Customer Services department at the following number: +33 (0)1 82 28 21 01 (international rate call) or by emailing the following address:  fred@approche-sur-mesure.fr.
3.1 Limitations
To place an order, the Customer must be of legal age, have legal capacity, own a bank card as listed in Section 5 and be seeking to buy products for delivery in a European Union Member State (except United-Kingdom).
Orders are accepted within the limits of available stock and production capacities. In spite of FRED's best efforts, if any or some of the FRED products ordered are no longer available, FRED will inform the Customer by telephone or email as soon as possible.
If the order is cancelled because all of the FRED products are unavailable, the Customer’s order will be cancelled in its entirety and FRED will refund the entire amount paid by the Customer (the price of the FRED products and delivery charges, if applicable) by crediting the bank card used by the Customer and within 14 days of cancelling the order.
In the event of partial cancellation of the order because some of the FRED products ordered are unavailable, and unless the Customer wants to cancel his/her order in its entirety, the Customer will be sent the FRED products that are available within the agreed time frame. The remainder of their order will be cancelled, and FRED will refund the amount paid by the Customer for the FRED products that are unavailable and could not be delivered, crediting the bank card used by the Customer within 14 days of partial cancelation of the order. FRED reserves the right to refuse any order with just cause, e.g., without limitation:
  • An ongoing dispute with the Customer;
  • Complete or partial non-payment by the Customer for a previous order;
  • Credit card has been declined;
  • The order presents suspicious characteristics, such as unusual quantities and/or amounts for an end customer.

4 - Pricing
The prices of FRED products featured on the Site are provided inclusive of all taxes, at the rate applicable on the day of the order. FRED may update the prices shown on the Site at any time and without notice. The revised prices will apply only to new orders, and not to orders that have already been placed.
The prices of the FRED products featured on the Site do not include delivery charges. They are calculated depending on the delivery destination provided by the Customer and are indicated to the Customer before final validation of his/her order.
FRED pays the greatest attention to ensuring the accuracy of the prices shown on the Site. However, should FRED make an error, it reserves the right not to supply FRED products the prices of which are clearly incorrect. In this instance, FRED will inform the Customer as soon as possible (by telephone or email), cancel the relevant order and refund the price paid by the Customer by crediting the bank card used by the Customer within a maximum period of 14 days from cancellation of the order.

 5 - Payment Terms
Payment for purchases can be made by PayPal or bank card only: FRED accepts CB, Visa, Eurocard/Mastercard and American Express cards issued against bank accounts located in the European Union and most other countries.
At the end of the ordering process, once the Customer has validated his/her order and is obliged to pay, he/she will be redirected to the secure payment gateway of the payment provider, Cybersource (for payment by bank card) or PayPal (for payment via his/her PayPal account). The Customer must enter his/her bank details or PayPal account information and confirm payment. The amount charged at the time of validating the order for the full amount can at no time be considered as a deposit or instalment.
Information connected to an order (identity, postal address, payment method, telephone number) is subject to automated data processing by FRED for the purposes of providing the Customer with its online ordering service.  This data is processed according to the terms laid down in Section 11 below.
Bank details are also subject to automated data processing by Cybersouce, in order to determine a level of analysis for a given transaction and to combat card fraud. Cybersource and FRED are the recipients of the data connected to your order.
Purchase receipts will be sent by email to the email address specified by the Customer when placing his/her order on the FRED site.

6 - Delivery
FRED products will be delivered to the address specified by the Customer when placing the order. Except in exceptional circumstances or when one of more FRED products is unavailable, FRED products ordered together will be delivered at the same time.
FRED delivers FRED products exclusively within mainland France and Corsica and to countries in the European Union -except United Kingdom -  (Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia and Sweden).
For all other countries, FRED recommends the Customer to consult the list of FRED retailers in the relevant country, accessed via the "OUR BOUTIQUES" section, then "FRED RESELLERS".
Delivery will be made to the address specified in the order, provided that the order amount has been duly settled.
It is possible to have FRED products delivered to mainland France (including Corsica) and countries in the European Union (except in the United Kingdom) to an individual of your choice.
Deliveries cannot be made to hotels, PO boxes or an unfixed address or abode (such as, but not limited to, mobile homes, caravans, camp sites and other unfixed addresses) or to a shared space where an individual address cannot be clearly and enduringly attributed to an individual or legal entity.
The choice of carrier will be at FRED’s sole discretion.
The order will be sent by express delivery within the period specified on the Site. The delivery time begins as soon as the email confirmation is sent. Every parcel contains a delivery note.
If the delivery is not made within the period specified to the Customer at the time of the order, the Customer can order FRED to make the delivery within a reasonable additional period, then request that the sale be cancelled (by registered letter with acknowledgement of receipt, or in writing in another durable medium) if FRED fails to do so within this extended deadline. This contract will be deemed as terminated when FRED receives the letter or other written notice of this cancellation, unless FRED performed said delivery in the meantime. FRED will then have to refund the Customer the entire sum paid, no later than fourteen (14) days following the date on which the contract was terminated.
The packaging of our products is filmed in order to provide proof of the content of our packages. Without prejudice to the Customer’s rights including under the right of withdrawal set forth in Section 8 below, the Customer should verify the parcel and its contents on arrival and communicate any reservations and complaints that seem justified to the courier, and even refuse the parcel if it is likely to have been opened or shows obvious signs of damage. In the event of missing or damaged products, we recommend that SPECIFIC AND SUBSTANTIATED RESERVATIONS should be detailed on the delivery note: the number of parcels missing and/or damaged and a detailed description of any damage (open or torn packaging, spoiled or missing product, etc.).
We recommend that vague reservations, such as "subject to unpacking" or "subject to inspection" are avoided. In the absence of any specific reservations, FRED will assume that the Customer has received a delivery consistent with his/her order and in good condition, but this does not preclude the subsequent application, if applicable, of the Customer's rights including under Section 8 below.
Delivery charges, if any, are indicated on the Site and confirmed to the Customer before he/she places his/her order.

7 - Transfer of Ownership - Transfer of Risk
The transfer of ownership of the FRED products to the Customer only occurs after full payment.
The transfer of risk, however, occurs upon delivery (i.e., when the FRED products are handed over to the Customer or to the third party appointed by him/her at the delivery address given to FRED).

8 – Right of Withdrawal - Returns
Nothing in these Terms and Conditions of Sale shall affect the right of the Customer to withdraw from his/her order without giving any reason, within fourteen (14) days from the date of delivery of the FRED products to the Customer or to the third party appointed by the Customer (with the exclusion of the carrier).
If the Customer ordered several FRED products in one single order and the relevant FRED products are delivered separately, the withdrawal period shall begin on the date of delivery of the last FRED product to the Customer or the third party appointed by the Customer (with the exclusion of the carrier).
If the Customer wants to withdraw, he/she can inform FRED before the expiry of the withdrawal period by visiting the Site and going to the "MY ACCOUNT" section, then "MY ORDERS ", and clicking on the link “RETURN REQUEST”. They can also send their decision to withdraw to FRED by means of a clearly worded statement before the expiration of the withdrawal period:

(a)           by post to the following address:
FRED Logistique
WEB
51, rue d'Aboukir
75002 PARIS

(b)           by email to the following address: fred@approche-sur-mesure.fr.

The Customer can also fill out and return the withdrawal form in the same way, available here and also attached to the email confirmation for his/her order.
In order to avoid delays, we recommend that any declaration of withdrawal contain the relevant order number, as well as the reference of the product being returned.
The Customer will receive an acknowledgement of receipt for his/her declaration of withdrawal via email and without delay.
In order to comply with the withdrawal period, the Customer must simply communicate his/her declaration of withdrawal before the withdrawal period expires.
The Customer is the only one who can exercise this right of withdrawal. This right cannot therefore be exercised by the recipient of the order.
If the Customer exercises his/her right of withdrawal, he/she must return the FRED product(s) in its/their original packaging, complete (accessories, handbook, tag, etc.) to the following address:
FRED Logistique
WEB
51, rue d'Aboukir
75002 PARIS

without undue delay, and in any event no later than fourteen (14) days after having communicated his/her decision to withdraw. This deadline is deemed to have been complied with if the FRED products are returned before such fourteen (14) day period expires.
Returned FRED products are sent at the expense of the Customer. FRED recommends that the Customer take all necessary precautions to ensure that the FRED products are correctly packaged and do not become damaged in transport. Return costs are the responsibility of the Customer. We recommend returning FRED products using a delivery service with tracking.
The Customer cannot withdraw from the sale of FRED products where the FRED products have been personalised or manufactured according to Customer specifications.
Ownership of returned FRED products will only be transferred to FRED when the FRED products arrive at FRED's destination for returns and FRED has inspected them. FRED products being returned must therefore be in mint condition, must only have been worn, tried or used to enable the Customer to establish their nature, characteristics, features or correct functioning and must not have been deteriorated or damaged in order to receive a full refund. FRED products that have been damaged, tarnished, scratched or bear any other damage resulting from handling other than that required to ascertain the nature, characteristics, features and correct functioning of FRED products will not be refunded in full. 
Subject to the above, and unless the Customer expressly agrees to another means of refund, the refund for the returned FRED product, including the delivery charges paid by the Customer, will be made using the original payment method without undue delay and in any event within fourteen (14) days from the date when FRED was informed of the decision to withdraw.  FRED can delay refund until effective return of the relevant FRED product, or the date on which the Customer’s proof of postage for the FRED product is provided, whichever is earlier.
In the event of a partial return of FRED products, only the price of the FRED products returned will be refunded by FRED and not the delivery charges, insofar as the Customer benefited from the delivery service for the retained items and the delivery charges do not vary depending on the volume ordered.
FRED products that are returned damaged or deteriorated by the Customer, or returned without complying with the above provisions will not be refunded in full.

9 – Liability – Warranty
FRED products offered for sale on the Site comply with the regulations currently in force in France and their performance is consistent with non-professional use.

FRED products offered for sale on the Site benefit as of right and without additional payment, in accordance with statutory provisions, from:
  • the statutory warranty of conformity under the conditions set out in Articles L. 217-4 et seq. of the French Consumer Code,
  • the statutory warranty against hidden defects under the conditions set out in Articles 1641 et seq. of the Civil Code.

 

Note that in accordance with the statutory warranty of conformity, the Customer:
  • has two years from delivery of the FRED product in which to bring an action against FRED;
  • may choose between the repair or replacement of the FRED product ordered, provided that his/her choice does not lead to a manifestly disproportionate cost in relation to the other option, given the value of the product or the extent of the defect as per Articles L. 217-9 and L. 217-10 of the French Consumer Code:
  • is exempted from having to prove the lack of conformity of the FRED product for a period of twenty-four months following delivery of the FRED product.

The statutory warranty of conformity applies regardless of the commercial warranty that may cover the FRED product. The Customer may decide to enforce the warranty against hidden defects in the FRED product under the conditions defined in Articles 1641 et seq. of the Civil Code; in this case, he/she can choose between cancelling the sale or a price reduction in accordance with Article 1644 of the Civil Code.

IMPORTANT - equivalent provisions under the local law of the country of residence of the Customer which are mandatory and more favourable to the Customer than the French statutory provisions above will apply to the benefit of the Customer and FRED shall take account of these when addressing any warranty issues raised.   

When implementing the statutory warranty of conformity, the Customer should contact FRED using the details in Section 10 below.

In the case of delivery, postage will be refunded based on the price charged and the return costs will be refunded on presentation of the supporting documents.

The refund will be made by crediting the bank card used by the Customer to make his/her purchase, or by cheque made out to the Customer.

Any damage resulting from accidents or excessive or improper use of FRED products (like knocks, drops and being crushed), normal wear and tear and ageing of FRED products and any change or damage to the FRED product resulting from any interference, repair work or dismantling via an unauthorised channel will be excluded from the warranty. 

In addition to the statutory warranties described above, FRED offers a commercial warranty, described here: WARRANTY. This warranty is provided in addition to, and does not exclude, restrict, limit or otherwise affect any statutory warranty rights you have vis-à-vis FRED under French law or the Customer's country of residence as described above.

10 – Complaints – Enquiries
For any information, complaint or question regarding the Terms and Conditions of Sale or the FRED products themselves, the Customer can contact the Customer Relations Department at the following address, providing his/her order number where necessary:
FRED Service Relations Clientèle WEB

29, rue des Pyramides
75001 Paris
Tel.: 33 (0)1 82 28 21 01
Email: fred@approche-sur-mesure.fr.


11– Protection of personal data
To find out more about FRED’s practices with regards to personal data protection, you can consult FRED’s privacy policy by clicking here.
In the event FRED collects your telephone number, you have the right to register on the telephone solicitation opposition/ preference  list (via the website http://www.bloctel.gouv.fr/ or local equivalent).

12 – Force Majeure
In the event of force majeure, as defined in Article 1218 of the Civil Code, which temporarily prevents FRED from performing its contractual duties, FRED’s obligations will be suspended, and no liability will be incurred as a result. FRED will inform the Customer of any force majeure event within seven (7) days of its occurrence. In the event that this interruption continues beyond fifteen (15) days, the Customer will have the option of cancelling his/her order and obtaining a refund under the conditions set forth in Section 8 above.

13 – Archiving And Proof Of Contract
The Customer accepts that communication between the parties is made by email.
The storing on FRED's computer systems of the order, confirmation of order acceptance and any communication between the parties will be regarded as proof of the sales contract.

The electronic records stored on FRED’s computer systems and those of its partners will be regarded as evidence of the communications, orders and payments between the parties.
All orders over 120 euros are stored by FRED for a period of 10 years as from the last delivery. The Customer can access the details of their past orders by sending an email to Customer Services at the following address: fred@approche-sur-mesure.fr.

14 – Intellectual Property
Intellectual property rights pertaining to FRED products sold on the Site are and remain the exclusive property of FRED. It reserves full rights to exploit its intellectual property. Under these conditions, no-one is authorised to reproduce, exploit, publish or make use of the intellectual property rights for any reason, even partially, without prior written agreement from FRED. FRED’s brands and logos are registered trademarks. Any unauthorised reproduction therefore constitutes an infringement.

15 – Entire contract
The Terms and Conditions of Sale, the order summary sent to the Customer and the order confirmation email form a contractual whole and constitute the entirety of the contractual relationship between the parties. They constitute the only contractual documents enforceable against the parties, to the exclusion of any other document.

16 – Non-waiver

The fact that one of the parties does not enforce its rights against the other party's breach of any of its obligations under these Terms and Conditions of Sale cannot be construed as a waiver of this party’s rights.

 17 - Applicable Law – Language – Disputes
These Terms and Conditions of Sale are governed by and subject to French law without prejudice to any mandatory provisions under the local law of the country of residence of the Customer. 
In the context of a dispute arising from an order for FRED products from the Site, the Customer should contact the Customer Relations Department (see details in Section 10 above), failing which the Customer may use any alternative method of dispute resolution they wish, including mediation by contacting (within one year as from the written claim to the Customer Relations Department) the following mediator CMAP - 39, avenue Franklin D. Roosevelt, 75008 Paris, France - www.cmap.fr and/or accessing the online European dispute resolution platform at the following address: http://ec.europa.eu/odr which will attempt, independently and impartially, to achieve an amicable resolution of the dispute. The Customer is free to accept or to refuse the use of mediation and in the event the parties decide to have recourse to mediation, each party is free to accept or to refuse the solution put forward by the mediator. The Customer may submit their request to the mediator no more than one year after their written complaint to customer services unless agreed otherwise by the parties.
In the absence of an amicable solution or recourse to mediation, all disputes under the Terms and Conditions of Sale will be brought before the courts having jurisdiction in accordance with procedural rules which is likely to include the country of residence of the Customer.