Headquarters 46 Avenue du Garlaban 13400 Aubagne, France;
Siret: 877 515 239 N1C3 00011; VAT not applicable article 293 B of the CGI;
The person responsible for the publication is Jérémy Fernandez;
The Ferdz brand and its logo are registered with the INPI.
General terms and conditions of sale of products sold on Ferdz.fr
Date of last update 21/09/2020
Article 1: object
These conditions govern sales by the company Ferdz 465 Avenue du Garlaban 13400 Aubagne, France.
Article 2 – Price
The prices of our products are indicated in euros excluding taxes (VAT not applicable article 293 B of the CGI, VAT will not be requested at the time of payment), unless otherwise indicated and excluding processing and shipping costs.
In the event of an order to a country other than mainland France, you are the importer of the product (s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of Ferdz. They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.
All orders regardless of their origin are payable in euros.
Ferdz reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.
The products remain the property of Ferdz until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article 3 – Orders
You can order:
On our website: http://www.Ferdz.fr
The contractual information is presented in French or translated into English and will be the subject of a confirmation at the latest at the time of the validation of your order.
Ferdz reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 4 – Confirmation of your order
Any order appearing on the website http://www.Ferdz.fr implies acceptance of these General Conditions. Any order confirmation entails your full acceptance of these general conditions of sale, without exception or reservation.
All the data provided and the recorded confirmation will constitute proof of the transaction.
You declare to have perfect knowledge of it.
The order confirmation will be worth signature and acceptance of the operations carried out.
A summary of your order information and these General Conditions will be sent to you via the order confirmation e-mail address.
Article 5 – Payment
The fact of validating your order implies for you the obligation to pay the indicated price.
The payment of your purchases is made by credit card through the secure Paypal system.
The card is only debited when the order is shipped. In the event of split deliveries, only the products shipped are debited.
Article 6 – Withdrawal
Be sure to inform yourself properly about the products and their specifications before ordering.
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay penalty.
Returns must be made in their ORIGINAL AND COMPLETE STATE (packaging, accessories, instructions). In this context, your responsibility is engaged, be sure to carefully package the package and take out insurance in adequacy of its value. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
Return costs are your responsibility.
In the event that the right of withdrawal is exercised, Ferdz will reimburse the sums paid within 14 days of notification of your request and via the same means of payment as that used when ordering.
Article 7 – Availability
Our products are offered as long as they are visible on the site http://www.Ferdz.fr and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.
In case of unavailability of product after placing your order, we will inform you by email. Your order will be automatically canceled and no bank debit will be made.
Some of our products are custom made on demand and require a lead time of about 2 weeks after payment of the order, certain external factors (such as the stocks of our suppliers) may change the lead time. You will be notified by email if the delivery time is abnormally long.
In addition, the website http://www.Ferdz.fr is not intended to sell its products in large quantities. Consequently the company Ferdz reserves the right to refuse orders for identical items, some products are limited to 1 unit per order.
Pre-orders last 1 month before start of manufacturing, we aim to ship products within two months after pre-order.
Article 8 – Delivery
The products are delivered to the delivery address indicated during the ordering process, within the period indicated on the order validation page.
In the event of a delay in shipping, an email will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you.
In accordance with legal provisions, in the event of late delivery, you have the option of canceling the order under the terms and conditions defined in article L 138-2 of the Consumer Code.
In the event of deliveries by a carrier, Ferdz cannot be held responsible for late delivery due exclusively to unavailability of the customer after several meeting proposals.
We strive to ship orders as quickly as possible, but we do not guarantee delivery or shipment dates. We are not responsible for any delay or loss in shipping. Our shipping methods include warranty (for damage or loss in shipping) and tracking number. It is the customer’s responsibility to contact the logistics company to obtain compensation for any loss or damage in transit.
Orders can end up being returned for various reasons including: non payment of rates, incorrect address, unclaimed mail, etc. If a package is returned or rejected, the customer will be contacted and will have to pay the reshipment costs.
Article 9 – Guarantee
All our products benefit from a 1 year legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned, exchanged or refunded.
This warranty is transferable via the original invoice to other owners in the event that the product is resold during the warranty period.
All complaints, requests for exchange or refund must be made by email within 30 days of delivery.
The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions, etc.).
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 – Liability
The products offered comply with current French legislation. The responsibility of the company Ferdz can not be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services that you plan to order.
In addition, Ferdz cannot be held responsible for damage resulting from improper use of the product purchased.
Finally, Ferdz cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses.
Article 11 – Applicable law in the event of disputes
The language of this contract is the French language or translated into English. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
Article 12 – Intellectual property
All the elements of the http://www.Ferdz.fr site are and remain the intellectual and exclusive property of the company Ferdz. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of Ferdz.
The Ferdz brand and its logo are registered with the INPI.
The photos on this site are not contractual.
Article 13 – Personal data
The Ferdz company reserves the right to collect nominative information and personal data concerning you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send you.
They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
We will never sell or give your information to third parties and will never send you unsolicited advertising.
The Ferdz company encourages sharing on social networks and we are committed to crediting our community in our publications.
In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.
Article 14 – Proof archiving
The Ferdz company will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of the company Ferdz will be considered by all the parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 15 – Ferdz Affiliate Program Terms of Service
By signing up to be an Affiliate in the Ferdz Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Ferdz reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Ferdz cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Ferdz product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Ferdz. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Ferdz. You must ensure that each of the links between your site and the Ferdz properly utilizes such special link formats. Links to the Ferdz placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Ferdz product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://ferdz.fr and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than 20€ in affiliate income. If your affiliate account never crosses the 20€ threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the 20€ threshold.
Identifying yourself as a Ferdz Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Ferdz or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over 20€, you’ll be paid each month. If you haven’t earned 20€ since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://ferdz.fr, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Ferdz reserves the right to end the Program at any time. Upon program termination, Ferdz will pay any outstanding earnings accrued above 20€.
Ferdz, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Ferdz service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Ferdz reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Ferdz will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the French Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of France, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Ferdz to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ferdz and govern your use of the Service, superceding any prior agreements between you and Ferdz (including, but not limited to, any prior versions of the Terms of Service).