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Terms and Conditions for Distance Selling via www.fred.com

Last updated 27/05/2019

 

 

Fred Paris ("FRED") manufactures and markets, directly and indirectly, items of jewellery, watches and accessories (non-exhaustive list) worldwide, under the FRED brand.
In always seeking better ways to serve its customers, FRED wanted 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. N.B.: certain products are not available for purchase online; they are clearly identified on the Site.
Detailed descriptions of FRED's 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 customers’ private, non-commercial use.


1 - SCOPE OF APPLICATION

The Terms and Conditions of Sale apply to all orders placed by a customer (the "Customer") concerning FRED products sold on the Site to Countries in the European Union (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, United Kingdom, Slovakia, Slovenia and Sweden). Please read them carefully.
 
For orders outside of the European Union concerning FRED products sold on the Site to the following countries: Hong Kong and Switzerland, FRED works with Global-E, which will deal with sales to these territories and the processing of Customer orders. FRED invites the Customer to read Global-E’s terms and conditions of sale carefully, here governing sales to these countries exclusively.
 
The Customer can access the prevailing Terms and Conditions of Sale at any moment by visiting the Site and can save them to their 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, having taken note of the Terms and Conditions of Sale in force on the day of the order – before placing their order – and accepting them unconditionally, 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 public limited company with capital of €15,513,375 registered in 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 their 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 for the selection of FRED products picked out and placed in your basket to 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 their 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 finally confirm an order, click on the "Pay for your order" and "Yes, I confirm payment" buttons.
For orders placed in the online Store, a confirmation email will be sent to the Customer, referencing their 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 placing an order are detailed on the Site.
In spite of FRED’s best efforts regarding the presentation of 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 they wish to order by calling FRED’s Customer Services department on the following number:  +33 (0)1 82 28 21 01 (standard rate call) or by emailing the following address:  fred@approche-sur-mesure.fr.

 

3.1 Limitations

To place an order, the Customer must be an adult, be ordinarily resident in the territories mentioned in article 1, have legal authority and a bank card as listed in article 5.
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 their 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 cancelling the order. In accordance with the provisions in article L.121-11 of the French Consumer Code, FRED reserves the right to refuse any order with just cause, namely in the event of:

 

  • An ongoing dispute with the Customer;
  • Complete or partial non-payment by the Customer for a previous order;
  • Card refusal;
  • - The irregular character of the latter, namely in the case of an order for 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 Paris may update the prices shown on the Site at any time and without notice. The revised prices will apply only to new orders, exclusive of orders already placed.
The prices of FRED products featured on the Site do not include delivery charges, which will be an extra cost. They are calculated depending on the delivery destination provided by the Customer and are clarified with the Customer before final validation of their 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 whose prices were 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 the majority of other countries.
At the end of the ordering process, once the Customer has validated their order and is obliged to pay, they will be redirected to the secure payment gateway for the payment provider, Ingenico (for payment by bank card) or PayPal (for payment via their PayPal account). They should enter their 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 part payment.
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 article 11 below.
Bank details are also subject to automated data processing by Ingenico, aiming to define a level of analysis for a transaction and combat card fraud. Ingenico 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 their 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 in the same order will be delivered at the same time.
FRED delivers FRED products exclusively within mainland France and Corsica and to countries in the European Union (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, United Kingdom, Slovakia, Slovenia and Sweden).
The Site does, however, deliver to Hong Kong and Switzerland, but in that case, distribution is provided by our partner, Global-E, and subject to their own terms and conditions.
For all the other countries, FRED recommends the Customer consults the list of FRED retailers in the relevant country, accessed via the "Points of Sale" section, then "Retailers".
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 to a natural person of your choice.
Delivery 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 legal addresses) or to a shared space where an individual address cannot be clearly and enduringly attributed to a natural or legal person.
FRED can choose which courier to use.
The order will be sent with 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.
Pursuant to article L. 216-2 of the French Consumer Code, 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 is cancelled (by registered letter with return receipt requested, or by writing in another durable medium) if FRED fails to do so within this extended deadline. This contract is deemed as terminated when FRED receives the letter or other written notice of this cancellation, unless FRED put it into effect 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.
Without prejudice to the time limit that the Customer has under the right of withdrawal laid down in article 8 below, it is up to the Customer to check the parcel on arrival and to communicate any reservations and complaints that seem justified to the courier, even refusing the parcel if it is likely to have been opened or shows obvious signs of damage. In the event of missing or damaged products, SPECIFIC AND SUBSTANTIATED DEFECTS should be detailed on the delivery note: number of parcels missing and/or damaged and a detailed description of any damage (open or torn packaging, spoiled or missing product, etc.).
Vague phrasing, such as "subject to unpacking" or "subject to inspection" is meaningless. In the absence of any specific concerns, the Customer acknowledges having received a delivery consistent with their order and in good condition. However, this does not preclude the subsequent application, if appropriate, of the legal guarantees in force.
Delivery charges are indicated on the Site and verified by the Customer before they place their order.

 

7 - TRANSFER OF OWNERSHIP - TRANSFER OF RISK

The transfer of ownership of FRED products to the Customer only occurs after full payment.
The transfer of risk, however, occurs on delivery, meaning when the FRED products are handed to the Customer or the other person appointed by them 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 their order without giving any reason, within fourteen (14) days of the FRED products being received by the Customer or the other person that they appointed, besides the courier.
If the Customer ordered several Fred products in one single order and the relevant FRED products are delivered separately, the withdrawal period runs from receipt of the last FRED product ordered by the Customer or the other person appointed by them, besides the courier.
If the Customer wants to withdraw, they can inform FRED before the expiry of the withdrawal period by visiting the Site and going to the "My account" section, then "Your purchase history", then the [RETURN] tab. 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: https://www.fred.com/image/data/pdf/FRED_BON_DE_RETOUR_fr.pdf and also attached to the email confirmation for their order.
 
In order for it to be taken into account, any declaration of cancellation must contain the relevant order number, as well as the reference of the product being returned:
The Customer will be sent an email acknowledgement of receipt of their declaration of cancellation without delay.
For the withdrawal period to be adhered to, the Customer should deliver notification pertaining to exercising their right 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 their right of withdrawal, they must return the FRED product(s) in its/their original packaging, complete (accessories, handbook, tag, etc.) and with the return voucher from the email confirmation for the order carefully filled out, as well as a copy of the sales receipt, to the following address:

FRED Logistique
WEB
51, rue d'Aboukir
75002 PARIS
and without undue delay, no later than fourteen (14) days after having communicated their decision to withdraw. This deadline is deemed to have been respected if the FRED products are returned before the withdrawal period expires in fourteen (14) days.
Returned FRED products are sent at the risk and expense of the Customer. FRED therefore recommends that the Customer takes 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 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, unworn and without having been used, spoiled or damaged. FRED products that have been worn, damaged, tarnished, scratched or bear any other damage resulting from handling other than that required to ascertain the character, features and correct functioning of FRED products will not be refunded. 
Subject to the above, and unless the Customer expressly agrees to another means of repayment, 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 no more than fourteen (14) days from the effective return of the FRED relevant product, or receipt of the Customer’s proof of postage for the FRED product, the date used being 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 items being kept and the delivery charges do not change depending on the volume ordered.
FRED products returned worn, damaged, spoiled or used by the Customer, or returned without complying with the provisions that apply will not be refunded and will be returned to the Customer at his/her expense.

 

9 – LIABILITY – GUARANTEE

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 are protected by law and without additional payment, in accordance with statutory provisions:

  • by the legal guarantee of conformity under the conditions set out in articles L217-4 et seq of the French Consumer Code,
  • by the legal guarantee on latent defects under the conditions set out in articles 1641 et seq of the Civil Code.

Note that in accordance with the legal guarantee of conformity, the Customer:

  • has two years from delivery of the FRED product ordered in which to take action against FRED;
  • can choose between repair and replacement of the FRED product ordered, subject to cost under article L 217-9 and L217-10 of the French Consumer Code:
is exempted from having to prove the FRED product's lack of conformity for the duration of twenty-four months following delivery of the FRED product.

 

The legal guarantee of conformity applies regardless of the commercial guarantee that may cover the FRED product. The Customer can decide to apply the guarantee against hidden defects in the FRED product under the conditions defined in articles 1641 et seq of the Civil Code; in this case, they can choose between cancelling the sale or a price reduction in accordance with article 1644 of the Civil Code.

If implementing the legal guarantee of conformity, the Customer should contact FRED using the details in article 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 their purchase, or by cheque made out to the Customer.

Excluded from the guarantee is 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. 

 

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 their order number where necessary:


FRED Service Relations Clientèle WEB
131 avenue Charles de Gaulle
92200 Neuilly sur seine
Tel :  +33 (0)1 82 28 21 01
Email : fred@approche-sur-mesure.fr.

 

11 – PROTECTION OF PERSONAL DATA

To find out more about the FRED Paris practices with regards to personal data protection, you can consult the FRED Paris personal data protection policy by clicking here.

 

12 – FORCE MAJEURE

In the event of force majeure, as defined in article 1218 of the Civil Code, temporarily preventing FRED Paris from performing its contractual duties, the obligations of FRED Paris will be suspended, and no liability will be incurred as a result. FRED will inform the Customer of any force majeure 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 their order and having it refunded under the conditions outlined in article 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 of 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 reproduction therefore constitutes an infringement.

15 - THE ENTIRE CONTRACT

The Terms and Conditions of Sale, the order summary sent to the Customer and the confirmation email for the order 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 take precedence over the other Party's breach of any of its obligations under these Terms and Conditions of Sale cannot be construed as a waiver of the obligation in question.

17 - APPLICABLE LAW – LANGUAGE – DISPUTES

These Terms and Conditions of Sale are governed by and subject to French law. They were originally written in French. Where they are translated into one or more other languages, the French version would prevail in the event of a dispute.
In the absence of an amicable solution or recourse to meditation, all the litigation to which the Terms and Conditions of Sale could lead will be submitted to the appropriate courts in accordance with common law rules.
In the context of a dispute arising from an order for FRED products from the Site and as a result of a Customer's prior written complaint to customer services remaining fruitless, the Customer can use any alternative method of dispute resolution they wish, including mediation by contacting 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 of mediation being used, 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.