General Terms and Conditions
- DEFINITIONS
Customer: means any natural person, in full legal capacity, non-commercial, having created an Account on the Site.
Order: means the act by which the Customer undertakes to purchase one or more products via the Site's e-commerce module.
CODENIM: simplified joint-stock company with capital of 8,800 euros, whose registered office is located at 62 avenue JEAN JAURES 93500 Pantin France, registered with the Paris Trade and Companies Register under number 898307152, intra-community VAT number FR53898307152
Product: means the fashion items offered for sale on the Site.
Site: means the e-commerce site which is owned, managed and published by CODENIM – FAM, accessible at the following address: www.famjeans.com.
- APPLICATION OF THE GENERAL CONDITIONS OF SALE
The general terms and conditions of sale (the “GTC”) detailed below apply to all orders for products and services placed via the Site (the “Products”) with CODENIM - FAM by any person (the “Customer”).
The Customer must read the General Terms and Conditions prior to any order (the "Order"), the General Terms and Conditions being available on the Site.
CODENIM - FAM reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale is the one appearing online on the famjeans.com website at the time of the Order. Consequently, placing an Order by following the ordering procedure proposed on the Website constitutes acceptance of the General Terms and Conditions and associated fees.
These T&Cs prevail over any other document.
III. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
Famjeans.com is an e-commerce website owned and operated by CODENIM - FAM
The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except for interruption, scheduled or not, by CODENIM - FAM or its service providers, for the needs of its maintenance and/or security or in cases of force majeure (as defined in Article XII).
CODENIM - FAM cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.
CODENIM - FAM does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this regard, it may freely determine at its sole discretion any period of unavailability of the Site or its content.
CODENIM - FAM cannot be held responsible for data transmission problems, connection problems or network unavailability.
CODENIM - FAM reserves the right to modify the Site for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of service provision, the Client may be informed of the modifications, but their acceptance is not requested.
- REGISTRATION ON THE SITE
To be able to place an Order, the Customer may register on the Site by creating an account containing the information that allows their identification (the “Account”).
By creating an Account, the Client declares and guarantees to CODENIM - FAM that he/she is of legal age and has the legal capacity to enter into a contract.
The Customer's registration on the Site is validated by CODENIM - FAM after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating their Account, the Customer ensures the accuracy and completeness of the data they provide, and undertakes not to usurp the identity of a third party, nor to hide or modify their age. The Customer is required to always update their personal information. In the event of an error in the recipient's contact details, CODENIM - FAM cannot be held responsible for the impossibility of delivering Products.
Creating the Account requires the Customer to choose an identification email address and a confidential password.
The customer is responsible for the confidentiality of his password and undertakes not to disclose it under any circumstances and for any reason whatsoever.
In the event of suspicion of illegitimate use of his Account by a third party, the Client must immediately alert CODENIM - FAM with a view to changing his password and/or requesting the closure of his Account.
CODENIM - FAM may delete the Customer's Account at any time for legitimate reasons, including in the event of non-payment of one or more previous Orders, or in the event of fraud being detected during the Order or a previous Order. In this case, CODENIM - FAM will send an email to the Customer concerned at the address provided by the latter when creating their Account, informing them of the deactivation of their username and password and the closure of their Account. The Customer then has 8 (eight) calendar days to make their observations to CODENIM - FAM, without prejudice to the suspension of their Customer Account during the notice period.
- PRODUCTS
The products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These details are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of CODENIM - FAM. As such, CODENIM - FAM cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
CODENIM - FAM takes the greatest care in the presentation and description of these products to best satisfy the Customer's information needs. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
The photographs possibly accompanying the presentation of the products are as faithful as possible but cannot guarantee a perfect similarity with the product offered and present, in certain cases, presentation suggestions of which all the elements constituting the photographs are not systematically offered for sale.
It is specified that the products offered comply with the regulations in force relating to the composition of the products, in the sense that they comply with the health and safety of consumers.
CODENIM - FAM does not guarantee the accuracy or security of information transmitted or obtained using the Site.
It is possible that the Customer may receive, following an Order, an item previously returned by another person. It is specified that CODENIM - FAM only accepts the return of intact and unworn Products, these two conditions being checked before the returned Products are put back into stock.
- ORDERS
Ordering on the Site is subject to compliance with the procedure implemented by CODENIM - FAM on the site, which includes successive steps leading to validation of the Order. It implies an obligation to pay.
The Customer may select as many Products as they wish, which will be added to the shopping cart (the "Shopping Cart"). The Shopping Cart summarizes the Products chosen by the Customer as well as the prices and associated fees. The Customer may freely modify the Shopping Cart before confirming their Order. Validation of the Order constitutes confirmation of the customer's acceptance of the General Terms and Conditions, the Products purchased, their prices and the associated fees.
A confirmation email summarizing the Order (Product(s), price, availability of the product(s), quantity, etc.) will be sent to the Customer by CODENIM – FAM. For this purpose, the Customer formally accepts the use of email for confirmation by CODENIM – FAM of the content of his Order. The Order is therefore subject to prior acceptance by CODENIM – FAM and is only definitively confirmed after receipt by the Customer of an email confirming the dispatch of the Order.
Invoices are available in the "my account" section of the site or by sending an email specifying the number of the order concerned to info@famjeans.com .
If the Customer does not receive any email following their order and payment, they should contact CODENIM – FAM customer service (contact details described in Article XIII of these T&Cs).
VII. UNAVAILABILITY OF PRODUCTS
In the event that the ordered product is unavailable in stock, CODENIM – FAM will inform the Customer by email as soon as possible and the price will be refunded to the Customer within thirty days of payment of the sums paid.
The Customer will then have the option to obtain a refund (within 30 days of payment of the amounts paid). In this case, the return costs will be borne by CODENIM – FAM.
VIII. REFUSAL TO PROCESS AN ORDER
CODENIM – FAM reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information contained therein. Despite CODENIM – FAM's best efforts to meet its customers' expectations, it may be necessary for the latter to refuse to process an order after having sent the Customer the confirmation email summarizing the Order.
CODENIM – FAM cannot be held liable to the Customer or a third party for the decision to remove a Product from the Site, or for the decision to replace or modify any content or information appearing on this Site, or for the refusal to process an Order after sending the confirmation email summarizing the Order.
- PRICE AND PAYMENT TERMS
Customs fees and other taxes are not included in the price paid by the Customer. These fees must be paid by the Customer directly to the carrier.
Product prices are indicated on the Site in euros for Europe, including VAT, but excluding customs fees and other taxes.
All prices displayed are calculated including the value added tax (VAT) applicable in France, which may vary depending on the billing country.
CODENIM – FAM reserves the right to modify its prices at any time, but products will be invoiced based on the rates in effect at the time of registration and payment of the order, subject to availability.
The products are payable in cash upon effective Order.
Payment for Products is made either via Paypal or by credit card (CB, Visa, MasterCard, American Express) via the secure platform of our partner STRIPE.
STRIPE SARL unipersonnelle is a company registered with the Paris Trade Register under number RCS 807 572 011 whose registered office is located at 10 rue boulevard Haussmann, 75009 Paris, France.
For any information, the Customer can consult the following website: https://stripe.com/fr . The Customer expressly acknowledges that the communication of his bank card number to CODENIM – FAM constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, a notification of cancellation of Order for non-payment is sent to the Customer by CODENIM – FAM to the email address provided by the Customer when registering on the Site.
The data recorded and stored by CODENIM – FAM constitutes proof of the Order and all past sales. The data recorded by STRIPE constitutes proof of any financial transaction between the Customer and CODENIM – FAM.
- DELIVERY
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”). The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery and returns” section.
Deliveries are made by Colissimo and UPS from Monday to Friday, depending on the option chosen by the Customer when confirming their Order.
When CODENIM – FAM is responsible for the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
By way of exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the latter is responsible for transport by the Customer and not by CODENIM – FAM
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, a natural person of their choice or a legal entity (delivery to their company). Delivery cannot be made to hotels or PO boxes. It is the Customer's responsibility to provide the exact and complete information necessary for the proper routing of their Order and perfect Delivery (street number, building number, staircase number, access code, names and/or intercom numbers, etc.).
For deliveries by post, if the recipient is absent when our transport provider calls, the package will be left at a post office near the delivery address. You can collect the package within 10 working days upon presentation of an identity document and, in the case of home delivery, the delivery notice. After this period, unclaimed packages will be returned to us.
CODENIM – FAM delivers Orders within a maximum period of 5 (five) working days for Delivery in Metropolitan France and 10 (ten) working days for Delivery in Europe, this period being counted from the day after the Order is validated. The day after a collection is put online and throughout the month of December, the Delivery time may be increased by 10 (ten) days, given the large and exceptional volume of Orders.
In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
CODENIM – FAM cannot be held responsible for delays in delivery which are not its fault or justified by a case of force majeure (as defined below).
In the event of the Delivery deadline being exceeded, the Customer may request cancellation of the sale and obtain, within a maximum period of 14 (fourteen) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the above, CODENIM – FAM cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by CODENIM – FAM being possible to the exclusion of any other form of compensation.*
- REFUNDS AND RETURNS
Any non-professional consumer has a right of withdrawal.
The right of withdrawal is exercised without penalty. If the Customer exercises this right, the Product must be returned to CODENIM - fam within 15 (fifteen) days (beginning on the day the Products are received). Beyond this 15 (fifteen) day period, the sale is final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed and with all tags attached.
The refund is made subject to CODENIM – FAM having been able to recover the Products initially delivered to 24 Avenue Quesnay 93190 LIVRY-GARGAN FRANCE Fam Jeans SAS CODENIM Unless the Customer requests otherwise, CODENIM – FAM will make the refund using the same means of payment as that which was used for the payment of the Order within a maximum period of 15 working days.
To return the product and receive a return label, please contact us by email : info@famjeans.com to process your request.
If the Customer fails to comply with these General Terms and Conditions, CODENIM – FAM will not be able to refund the Products concerned. In all cases, return costs are the responsibility of CODENIM – FAM if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
XII. WARRANTIES - LIMITATION OF LIABILITY
CODENIM – FAM’s liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. CODENIM – FAM shall under no circumstances be liable for the following losses, regardless of their origin:
- loss of income or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- data loss
- loss of work or management time
- image damage
- loss of opportunity, and in particular of ordering a Product,
- moral prejudice.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, express or implied, except for the guarantees provided by law.
CODENIM – FAM provides no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or impair the proper functioning of the computer, including any transmission resulting from the downloading of any content by the Customer, the software used by the Customer to download the content, the Site or the server that provides access to it. In this regard, the Customer acknowledges that it is their responsibility to install appropriate anti-virus and security software on their computer hardware and any other device to protect them against any bugs, viruses or other programming routines of this nature that may be harmful.
The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data resulting from the download of this content.
CODENIM – FAM is only required to deliver Products that comply with the contractual provisions. Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same type and which can reasonably be expected.
In addition, CODENIM – FAM guarantees consumers against defects in conformity and hidden defects for the Products on sale on the Site under the following conditions:
APPARENT DEFECT
The presence of an apparent defect on a Product must give rise to a complaint by email (info@famjeans.com) within 3 (three) working days following Delivery. Any complaint must explain the defect concerned. Failing this, no complaint is admissible, and no return or exchange is possible. The Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the registered office of CODENIM – FAM after sending an email reporting the apparent defect of the Product referred to above. Cases of apparent defect confirmed by CODENIM – FAM give rise, depending on the content of the Customer's complaint, to either the establishment of a credit note for the benefit of the Customer, or the replacement of the Product, or the outright reimbursement of the Price to the Customer within a maximum period of 15 working days. In the event of non-compliance with the return procedure, no exchange, refund or credit note is possible.
NON-CONFORMITY – HIDDEN DEFECTS
Subject to validation of a non-conformity or a hidden defect by CODENIM – FAM or the manufacturer as the case may be, the Customer benefits from the following guarantees:
CODENIM – FAM, whose registered office is located at 62 avenue JEAN JAURES 93500 Pantin France , acts as guarantor within the meaning of the provisions of articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.
Thus the Client:
benefits from a period of two (2) years from delivery of the Product to take action in the event of non-conformity of the Product,
is exempt from providing proof of the existence of the lack of conformity of the goods during the six (6) months following delivery of the Product,
may choose between repair or replacement of the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer may also implement the legal guarantee for hidden defects in the item sold, within the meaning of Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within two years of the discovery of the defect, to be reimbursed for a Product that has proven unfit for its use.
The hidden defects warranty allows the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has two options: keep the Product and request a price reduction, or return the Product and request a refund of the price paid, in accordance with Article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the CODENIM – FAM head office, after sending an email indicating the reason for the return of the Product.
FORCE MAJEURE
In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, CODENIM – FAM shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, blockages of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of CODENIM – FAM or the Client without compensation from either party. Failure to pay by the Client cannot be justified by a case of force majeure.
XIII. CUSTOMER SERVICE
For any information or questions, to track an order, or to activate the warranty , the Customer must contact customer service by email at the following address: info@famjeans.com or by telephone at 01.43.09.20.66.
XIV. PARTIAL DISABILITY
If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
- INTELLECTUAL PROPERTY RIGHTS ON CONTENT
Intellectual Property Rights on the Site
The Company holds all intellectual property rights relating to the Site (including trademarks, images, logos, illustrations, photos, texts, Content, without this list being limiting).
The User is expressly prohibited, without the prior written consent of the Company, from copying, modifying, improving, editing, translating, decompiling, creating a derivative work, reverse engineering or in any other way attempting to find the source code, selling, assigning, sublicensing or transferring in any way all or part of the Site.
Any reproduction, representation, exploitation of any nature whatsoever and for any purpose whatsoever, of all or part of the content of the Site or its content by the User, including brands, images, logos, illustrations, photos, texts, Content, without this list being exhaustive, without the prior written authorization of the Company, constitutes acts of counterfeiting punishable both civilly and criminally in addition to constituting a violation of its commitments under the General Terms and Conditions.
XVI. PROTECTION OF PERSONAL DATA
The Company, concerned by the security of the processing carried out on the personal data of its Users via the Site and its other offers, undertakes to ensure the compliance of the processing it carries out in its capacity as data controller within the framework of these terms and conditions, in accordance with the applicable provisions of Law No. 2018-493 of June 20, 2018 relating to the protection of personal data, which amended Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms as well as the provisions of Regulation 2016/679 of the European Parliament and of the Council dated April 27, 2016.
XVII. NON-WAIVER
No tolerance, inaction or inertia on the part of CODENIM – FAM may be interpreted as a waiver of its rights under the T&Cs.
XVIII. APPLICABLE LAW – COMPETENT JURISDICTION
If one or more of the provisions of the T&Cs should prove to be null, unenforceable, contrary to the law, or inapplicable in any way whatsoever, it is agreed that said clause cannot alter the other provisions which retain their full effect and remain valid.
Any difficulty relating to the execution, interpretation or validity of the T&Cs will be subject to French law and to the competent courts under the conditions of common law.