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LEGAL NOTICE AND TERMS OF USE FOR THE WWW.FRED.COM SITE

LEGAL NOTICE AND TERMS OF USE FOR THE WWW.FRED.COM SITE

LEGAL NOTICE AND TERMS OF USE FOR THE WWW.FRED.COM SITE




1. GENERAL INFORMATION

Access to the site www.fred.com (hereafter the "Site") and the use of its content are subject to the terms of use described hereafter as "the Terms".

The Site consists of the FRED’s corporate site and the online store selling FRED products (hereafter the "Online Store").

The Site is published by FRED PARIS, a limited company with capital of €15,513,375, listed in the Paris Trade and Companies Register under number 582 088 159, with headquarters at 29 Rue des Pyramides, 75001 Paris and international VAT number FR67 582 088 159 (hereafter "FRED").

Chief Editor: Mr Charles Leung, President and CEO.

Editorial manager: Ms Valeria Morelli, Web Manager.

Hosting : salesforce.com UK (formerly salesforce.com EMEA), a private Limited Company (Ltd) with a capital stock of 100,000 GBP, with headquarters located at Village 9, Floor 26 Salesforce Tower; 110 Bishopsgate, London, UK EC2N 4AY, registered in England and Wales under the company ID number 05094083, Tel: +44(0)203 1477600.

These Terms may be amended at any time. The amended Terms will become effective from the date they are posted on the Site and shall be deemed to have been accepted unreservedly by any user accessing it after they have been posted online. Please read these Terms carefully before using this Site. You acknowledge having been advised on entering the Site of the existence of these Terms of use for the Site. As a result, any further use of the Site signifies full and complete acceptance of these Terms by the user.


2. INTELLECTUAL PROPERTY

The FRED brand name, together with all trademarks, figurative or otherwise, and more generally, all other marks, illustrations, images and logotypes featuring on the Site, on FRED products and/or on the e-card, accessories or packaging, whether trademarked or not, are and will remain the exclusive property of the FRED company.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logotypes, for any reason and on any medium whatsoever is strictly prohibited. The same applies to any combination or conjunction of the latter with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The latter provisions also apply to all copyrights, pictures, designs and patents reproduced on the Site and/or on the e-card.
Any reproduction, representation, distribution or redistribution, in whole or in part, of the content of this Site and/or on the e-card on any medium or by any process whatsoever (including caching, framing) as well as any sale, resale, retransmission or making available to third parties in any way whatsoever are prohibited. Failure to comply with this restriction constitutes an infringement that may trigger civil and criminal penalties for its author.



3. USER OBLIGATIONS

3.1 General obligations
You agree not to use or allow improper use of the Site for any purpose that is unlawful, fraudulent or malicious, including but not limited to:  (i) hacking the Site or introducing malicious code, including viruses or harmful data into the Site or any operating system; (ii) using a crawler or any other system, device or program (automated or otherwise) to extract data or information from the FRED Site or servers; (iii) sending or storing documents containing viruses, worms, Trojan horses or other code, files, scripts, agents or harmful computer programs; (iv) interfering or undermining the integrity or performance of the Site and the data it contains; (v) trying to obtain unauthorized access to the Site, its associated systems or networks; (vi) trying to gain unauthorized access to the accounts or personal information of other users.
The User (i) indemnifies FRED against all judicial and/or extrajudicial claims, complaints, action and/or demands that FRED may encounter as a result of the User’s breach of any of their own obligations under these Terms and/or the User’s breach of their own legal and regulatory obligations, and (ii) undertakes to compensate FRED for any damages incurred by FRED as a result thereof.

3.2 Obligations relating to the e-card
The User is solely responsible for their use of the e-card and, in particular, for the content that they insert into and write on the e-card that they create and the information that they communicate in this regard. 
The User is thus prohibited from circulating, in particular but not exclusively, content that is: (i) pornographic, obscene, indecent, offensive or unsuitable for a family audience; (ii) defamatory, offensive, violent, racist, xenophobic or revisionist; (iii) infringing; (iv) damaging the image of a third party; (v) misleading, deceptive or promoting illegal, fraudulent or deceptive conduct; (vi) likely to damage the FRED brand image; (vii) and more generally likely to infringe upon third-party rights or to be harmful to third parties, in any way or form whatsoever.

4. FRED'S RESPONSIBILITY

FRED endeavours to make every possible effort to ensure that the information provided on our Site is accurate and up to date. We reserve the right to revise this information at any time and without notice.

Under the conditions authorized by the law, FRED cannot be held liable for:

  • any interruption, suspension or malfunctioning of the Site and/or the e-card
  • any occurrence of bugs during use of the Site and/or the e-card
  • any imprecision, inaccuracy or omission concerning the information available on the Site
  • any damage caused by an unauthorized third party accessing our Site or making access impossible.

FRED will make every effort to maintain a reasonable level of operation and availability for the Site and/or the e-card. However, FRED reserves the right to suspend or prevent access, at any time and without notice, to the Site and/or the e-card and the use thereof on the grounds of maintenance, safety or technical issues. FRED will not be held liable in the event of access interruption due to such operations.

Links

Hypertext links to our Site can only be created with our prior written authorization. The latter may be revoked at any time. We take no responsibility for the content of the sites linking to our Site.
The Site may also include links to other Websites and other Internet resources. Insofar as FRED cannot control these sites and external sources, FRED cannot be held responsible for the availability of these sites and external resources, nor can it be held liable for the content, adverts, products, services or any other material available on or from these sites or external sources.

5. PRICING

FRED provides prices for a selection of products on the French, Italian and English versions of the Site. These prices are given in Euros and inclusive of all taxes in line with FRED stores in France. These prices may vary among multi-brand retailers distributing the FRED brand. They are also liable to change over time and be modified without notice.

FRED takes great care in ensuring the accuracy of the prices shown on the Site. However, in the event of an error on its part, FRED reserves the right not to supply FRED products whose price is clearly incorrect.



6. ONLINE SALES

Always seeking to better meet the expectations of its customers, FRED Paris sells certain products online via this Site, in addition to the network of stores that it operates. Click here to read the General Terms and Conditions of Sale for FRED’s online store.

7. PRIVACY POLICY
We are committed to protecting the personal information that you submit to us. Click here to read FRED's PERSONAL DATA POLICY.

8. APPLICABLE LAW – LANGUAGE
These Terms 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 user. These Terms are translated into English from French. In case of discrepancy between both versions, the French version shall prevail.

For any information, complaint or question regarding the Site or FRED products themselves, you can contact Customer Services at the following address, stating your order number, if applicable:


FRED Web Customer Services
29 rue des Pyramides, 75001 Paris
Tel.:  +33 (0)1 82 28 21 01
Email: contact@fred.fr

In the event of a dispute arising from the use of the Site, if a previous written complaint to customer services remains without effect, you can if you wish resort to any alternative dispute resolution method and mediation proceedings in particular, by contacting (no later than one year from your written complaint to customer services) the following mediator: CMAP - 39, avenue Franklin D. Roosevelt, 75008 Paris, France - www.cmap.fr and/or by accessing the European Online Dispute Resolution platform at the following address: http://ec.europa.eu/odr that will independently and impartially attempt to resolve the dispute amicably. You remain free to accept or refuse mediation and in the event of mediation, both sides are free to accept or reject the solution put forward by the mediator.  

Failing an amicable solution or recourse to mediation, any disputes to which these Terms could give rise, concerning their validity, interpretation, execution, termination, consequences and repercussions will be dealt with by the French courts.