TERMS OF SALES
Preamble: The company FACTORY JEANS is in charge of operating the Internet merchant site of the company FACTORY JEANS with its registered office at BELFORT 90000, registered with the BELFORT RCS under the VAT number FR 01801922147.
The mission of FACTORY JEANS relates in particular to the activities of sale, management of the orders and sales promotions.
BETWEEN :
The company FACTORY JEANS,
simplified joint stock company with capital of € 4,000
head office in BELFORT, Center commercial des 4AS, BELFORT 90000
registered with the BELFORT RCS under number 801 922 147
AND
Any natural person, of legal age and having the capacity to make a commitment, non-commercial, exclusively domiciled in Metropolitan FRANCE, Belgium, Luxembourg and DOM making a product purchase on the site.
For the application of these conditions, it is agreed that the Customer and FACTORY JEANS will be referred to as the “Parties” and individually referred to as the “Party”.
These conditions (hereinafter the "general conditions of sale") govern the sales of branded products by FACTORY JEANS made by FACTORY JEANS from the Site.
The company FACTORY JEANS reserves the right to modify these general conditions of sale at any time by publishing a new version on the Site. The applicable general conditions of sale are those in force on the Site on the date of placing the order by the Customer. Any order for a product offered on the Site implies full acceptance by the Customer of the general conditions of sale in force at the time of placing his order.
ARTICLE 1: OBJECT
The purpose of these general conditions of sale is to define the conditions under which the products are sold by FACTORY JEANS to the Customer. They thus regulate the various stages of carrying out the sale: from the placing of the order by the Customer to the delivery of the product.
ARTICLE 2: PRODUCTS
The products offered for sale by FACTORY JEANS are those which appear on the Site on the day of its consultation, within the limits of available stocks.
The photographs illustrating the products are not contractual, each product is also the subject of a descriptive sheet.
FACTORY JEANS undertakes to deliver products that comply with European provisions relating to the safety and health of persons, and in particular the legislation on regulated chemical substances.
Information on the availability of products is provided to the buyer at the time of placing his order.
ARTICLE 3: PRICE
The prices are indicated in euros all taxes included, excluding delivery costs.
The company reserves the right to modify its prices at any time, but the products ordered are invoiced at the price in force when the order is recorded.
The delivery costs are communicated to the Customer on the summary of the order before validation of the latter; they are expressed inclusive of all taxes, except special offer. These costs are the responsibility of the Customer and are invoiced in addition to the sale price of the products.
The transfer of the risks of loss and deterioration of the products will be carried out after delivery and reception of the products by the Customer.
The amount of VAT is that applicable in France on the day the order is confirmed.
ARTICLE 4: ORDER AND PAYMENT OF PRODUCTS
4.1 Placing the order
After creating your account;
Step 1: the customer selects the products of his choice
Step 2: the customer checks the contents of his basket, he can then modify his order (product, size, color, quantity).
Step 3: the customer confirms his order and enters the contact details for the delivery and billing addresses, accepting the general conditions of sale.
Step 4: Entering bank details
Payment is made online by credit card, PAYPAL or in CASH in store.
The Customer must enter his bank card number, its validity date as well as the 3 numbers of the visual cryptogram on the back of his card.
If payment is accepted, the Customer will be redirected to an order confirmation screen on the site.
In the event of payment failure, the Customer has up to 3 attempts to re-enter their bank details. At the end of the 3rd refusal, the Customer will be redirected on the site to a screen indicating the refusal of payment. The Customer will then be invited to contact FACTORY JEANS customer service to find out the reasons.
4.2 Confirmation of the order
Upon acceptance of the Customer's payment, the Customer will receive an order confirmation email. The confirmation will recall all the items ordered, the billing and delivery address, or at the latest within ten (10) working days which follow.
The validation of the order by the Customer and the order confirmation sent to the Customer by email by FACTORY JEANS following the acceptance of payment constitute the conclusion of a sales contract between the Parties and acceptance of the general conditions of sale.
The Customer who has placed an order will be able to print his invoice by connecting to the Site in the order tracking area provided for this purpose.
FACTORY JEANS reserves the right not to validate the order if the Customer is the author of abnormal or abusive complaints, abnormal orders with regard to the quantities ordered, abnormal or abusive exchanges and returns, if the price of the products of the order is clearly erroneous and in the event of an existing dispute with the Customer.
The customer service of the company FACTORY JEANS is at the disposal of the Customer for any questions relating to his order. Customer service is available by email and phone from 9:30 a.m. to 7 p.m. Monday to Saturday. Customer service contacts are made available in the customer account area.
4.3. Payment
The price of the products purchased is payable in cash, in full on the day the order is placed by the Customer.
Payment is made online by credit card (Carte Bleue, Visa, Eurocard / Mastercard) at the time of validation of the order by the Customer.
The request for authorization to debit the card is made at the time of validation of the order on the Site, except in the event of unavailability of the servers. FACTORY JEANS reserves the right to proceed with a new direct debit authorization request in the event that the first could not be completed due to unavailability of servers.
In the event of a payment default, an incorrect address or any other problem on the Customer's account, FACTORY JEANS may block the Customer's order until the said problem is resolved.
In the event of fraudulent use of his bank card on the Site, the Customer is invited to contact FACTORY JEANS.
Customer service is available by email and phone from 9:30 a.m. to 7 p.m. Monday to Friday. Customer service contacts are made available in the customer account area.
Transactions made on the Site are secured by the payment system of FACTORY JEANS 'partner, Banque Banque Populaire.
All information exchanged to process payment is encrypted using SSL (Secure Socket Layer). This data cannot be detected, intercepted or used by third parties. At no time does the Client's financial data pass through the FACTORY JEANS computer system.
4.4. Order archiving
The order confirmation is recorded in the records of FACTORY JEANS, themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.
4.5. Order analysis system (Fraud detection):
"The information relating to your order is subject to automated data processing for which the manager is FIA-NET SA. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
FIA-NET SA and the merchant from whom you make your purchase are the recipients of the data relating to your order. The non-transmission of data related to your order prevents the completion and analysis of your transaction.
The occurrence of an unpaid due to fraudulent use of a bank card will result in the registration of the contact details related to your order associated with this unpaid within a payment incident file implemented by FIA-NET SA An irregular declaration or an anomaly may also be the subject of specific processing.
In accordance with the Data Protection Act of January 6, 1978, you have, at any time, the right to access, rectify, and oppose all of your personal data by writing, by mail and providing proof of your identity, to FIA-NET SA - Data Protection Service - Processing n ° 773061 and n ° 1080905 - 39, rue Saint-Lazare, 75009 PARIS.
For the "Evaluated Site - Premium Site" operation:
Your purchase on FACTORY JEANS gives you the opportunity to participate in the "evaluated site - premium site" operation organized by FIA-NET SA
Through two satisfaction questionnaires the purpose of which is to measure the quality of service provided to you throughout your purchase, you will be able to share your personal experience with us and share it with the Internet community. on the FIA-NET SA website
These questionnaires may be sent to you by FIA-NET SA or by FACTOR JEANS, via an e-mail or via the appearance of a "pop-up" following your purchase. The information collected within these two questionnaires is subject to automated data processing for which the manager is FIA-NET SA.
Partial responses or an absence of response to one or both of the satisfaction questionnaires have no impact on the progress of your order and its processing.
FIA-NET SA and FACTORY JEANS are the recipients of the personal data collected within these satisfaction questionnaires.
Non-nominative data will be used by FIA-NET SA in accordance with the regulations in force and in particular those relating to the protection of personal data.
ARTICLE 5: DELIVERY
FACTORY JEANS will deliver orders accompanied by a delivery slip within a maximum of twenty (20) working days for delivery to mainland FRANCE, Belgium, Luxembourg from the day following payment of the order.
In the event of exceeding the delivery time exceeding seven (7) days and not justified by a case of force majeure, the Customer may request the resolution of the sale and obtain within a maximum period of fourteen (14) days the reimbursement of the sums paid. on the occasion of the sale. The refund will be made within 30 working days.
When the order is dispatched, each package has a traceability code which is sent by email to the Customer to allow him to track its shipment on the sites of the transport providers concerned.
COVID-19 INFO: Our transport and logistics services are organized, of course taking into consideration the health of our teams, who continue to work to ensure the best possible delivery. However, given the situation, the deadlines may be extended, we thank you in advance for your patience.
Due to the current situation, the time it takes to prepare and ship your order may be lengthened. We do our best to deliver every order as quickly as possible.
ARTICLE 6: RIGHT OF WITHDRAWAL
The Customer has a period of fourteen (14) working days from the date of receipt of his order, to return the products ordered, without justification or penalties.
The Customer can exercise this right by sending a withdrawal form with the return of his order by email via our contact form, specifying his name, first name, email and postal address:
MODEL WITHDRAWAL FORM
I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the (*) good (s) below:
Ordered on (*) / received on (*):
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s) (only if this form is notified on paper):
Date:
(*) Cross out the unnecessary mention.
In the context of a return, the products must not have been worn and must be in their original packaging.
RETURN PROCEDURE
You have fourteen (14) days from receipt of your package to return it to us (postmark as proof).
To return an item, you must:
Returned goods must be new, with tags and in the original packaging.
To be returned, items must be returned in their original condition within 15 days of receipt of the order. Items must not have been worn or washed and must be in resalable condition.
Returned or exchanged items must be accompanied by labels, as well as any corresponding accessories and user manuals. No refund or exchange will be made if the returned items are incomplete, damaged or soiled.
Note: Items must not have been worn and must be in their original packaging. To ensure that your package is properly taken into account by our Return Service, do not forget to include your return slip and the reason for the return with your package.
Refund policy: Once your item has been received by the Return Service, we will credit your bank account with the amount of the returned item, within 30 working days.
No return will be accepted without following this procedure.
The risks and costs of return are the sole responsibility of the customer (excluding the application of the guarantees of non-compliance of article 7).
It is strongly recommended to make your returns with traceability and insurance as well as against signature, whatever
the chosen carrier.
Subject to the conditions recalled above, FACTORY JEANS will refund the amount including VAT of the order to the Customer (product price and delivery costs) excluding return costs. The Customer's bank account will be credited with the said amount, within thirty (30) days of receipt of the products by FACTORY JEANS.
ARTICLE 7: GUARANTEES
The products supplied by the Seller benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for products apparently defective, damaged or damaged or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
- Benefit from a period of two (2) years from the delivery of the goods to act against the Seller;
- The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
The Customer may decide to implement the warranty against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
In order to assert his rights, the Customer must return his order to the address indicated on the return label made available in his customer account, following each return request made on his account. Products affected by a defect in the state in which they were received with all the elements (accessories, packaging, instructions, etc.) and accompanied by the invoice.
The Customer may download a prepaid return label by following the procedure in article 6 or contact the Seller by letter or e-mail in order to obtain a prepaid return label.
When the products are not in conformity with the order or affected by a defect, the customer will be offered:
- sending a credit note for the amount of the returned item.
Where
- reimbursement of the amount of the returned item, at the latest within thirty (30) days from the date of dispatch of the notification of the confirmation of the non-conformity by the Customer service of FACTORY JEANS.
Orders paid in part or in full by means of a purchase or reduction voucher will be subject to a new purchase or reduction voucher.
The Seller cannot be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the product, accident or force. major.
ARTICLE 8: PERSONAL DATA
The NAGAD company collects a certain amount of information necessary to process orders.
These data are not only necessary for the processing of the Customer's order by FACTORY JEANS, but also to communicate to the Customer information on the brand, on the Site or to make him benefit from commercial offers, if the Customer accepts it by validating his order and by creating a customer account.
The information is strictly confidential and is mentioned by an asterisk (*) when it is necessary for FACTORY JEANS, and / or its service providers in the context of the management of the Customer's order. The site uses assistance solutions in entering the company Cap Address .
Following any injunction from the legal authorities or in order to defend its rights or those of its employees, customers or any other person, FACTORY JEANS may communicate this data to legally authorized bodies and authorities.
The company FACTORY JEANS undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer's personal information from being distorted, damaged or that unauthorized third parties have access to it.
The Customer's personal information is sent and stored with the site host, the contact details of which appear on the site under the "Legal Notice" section.
In accordance with the "Informatique et Liberté" law of January 6, 1978, as amended by the law of August 6, 2004, the Customer has the right to access, rectify, modify and delete data concerning him.
The Customer can exercise this right by sending a letter to the following address or by email via our contact form or by phone at: +33 (0) 9 54 88 26 03 (Monday to Friday from 9 a.m. to 7 p.m.)
The Customer can also modify his personal details from his customer area by identifying himself using his email address and password.
ARTICLE 9: COOKIES
In order to process the Customer's order, and in order to better understand their needs and to personalize the services offered on the Site, FACTORY JEANS uses cookies.
The cookie is a computer file, stored on the hard drive of the Client's microcomputer, the purpose of which is to indicate its visit to the Site.
The cookies memorize the length of the Customer's visit to the Site, his identity (known through his e-mail address and password) and the contents of his basket. Once the Customer has disconnected from the Site, this information is stored for thirty (30) days before being permanently erased.
The Customer can oppose the registration of cookies by configuring his Internet browser. He then loses all personalization of the service offered to him on the Site.
ARTICLE 10: LIMITATION OF LIABILITY
Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or information transfers, the risks of cut, the risks of contamination by viruses circulating on the network and in general all the risks associated with the use of the Internet network.
The company FACTORY JEANS can therefore in no way be held responsible for any direct or indirect damage resulting from misuse or incident related to the use of the computer, Internet access, maintenance or the malfunction of the servers, the telephone line or any other technical connection, the connection of the Customer to the Site being made under his full responsibility.
ARTICLE 11: FORCE MAJEURE
The company FACTORY JEANS will not be responsible for the total or partial non-fulfillment of its obligations under the order placed by the Customer, if this non-fulfillment is caused by an event constituting a case of force majeure as defined. by positive law.
In such a case, FACTORY JEANS will inform the Customer of the occurrence of such an event within three (3) clear days of its occurrence, by email.
After a period of 1 (one) month, and in the event that the event constituting a case of force majeure persists, the order will be canceled and, if applicable, will be reimbursed by FACTORY JEANS on the credit card used to place the order within a maximum period of thirty (30) days.
ARTICLE 12: APPLICABLE LAW - MEDIATION
The general conditions of sale are executed and interpreted in accordance with French law.
In the event of litigation, the Customer should apply as a priority to FACTORY JEANS to obtain an amicable solution and in the absence of an agreement, the Courts of common law will have sole jurisdiction.
Any question or complaint relating to the marketing of products by FACTORY JEANS to a Customer must be submitted by email via our contact form or by telephone to:
+33 (0) 9 54 88 26 03 (Monday to Friday 9 a.m. to 7 p.m.)
In accordance with Article L. 612-1 of the Consumer Code, within one year of his written complaint, the consumer, subject to Article L.152-2 of the Consumer Code, has the right to submit a request for an amicable resolution by mediation, with SAS Médiation Solution: 222 chemin de la bergerie 01800 Saint Jean de Niost - site: https://www.sasmediationsolution-conso.fr - E-mail : contact@sasmediationsolution-conso.fr
The Seller as well as the Customer remain free to accept or refuse recourse to the alternative dispute resolution method as well as in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
It is specified that the Customer can always refer the matter to the competent courts under the conditions of common law.
ARTICLE 13: RIGHT OF INTELLECTUAL PROPERTY
FACTORY JEANS is the owner and holds the rights to use all the photos and images on the site. Any reproduction, representation, modification, publication, adaptation of photos and images on the site, whatever the means or process used, is prohibited without the prior written consent of FACTORY JEANS. Any unauthorized use of photos or images on the site will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.