General terms and conditions - Freeman T. Porter
Freeman T. Porter

GENERAL TERMS AND CONDITIONS

Preamble

The company DS55 is the exclusive distributor of the brand FREEMAN T. PORTER, the French distributor of the brand BLUE INDUSTRY, and the agent of the brand 80DBOriginal.

The website www.freemantporter.com is edited and managed by the company DS55, a simplified stock company with a capital of 1.000.000 euros, registered in the “Registre du Commerce et des sociétés de Metz” under the number 815 054 655, VAT number: FR05815054655. The head office is located in 1 bis rue Saint Louis, ZAC SUD, 57150 CREUTZWALD

The following general terms and conditions will define the selling conditions of the products FREEMAN T. PORTER, BLUE INDUSTRY and 80DBOriginal (the products).

Between
The simplified joint stock company DS55 with a capital of 1.000.000 euros, where the head office is situated at 1 bis rue Saint Louis, ZAC SUD, 57150 CREUTZWALD, France, registered with the CRN of Metz (RCS de Metz) N° 815 054 655 VAT N°: FR05815054655. Publication officer: Nicola DE SIMONE.

And
All non-trading individuals, having the juridical capacity to enter into a contract, exclusively residing in the countries where deliveries are made by DS55 for FREEMAN T. PORTER (hereinafter referred to as “the Customer”) and carries out a purchase of a Product on the Site.

For the purposes hereof, it is agreed that the Customer and DS55 will collectively be called the “Parties” and individually the “Party”. These general conditions, (hereinafter referred to as the “General Terms and Conditions for Sales”), governs unrestricted sales of the Products carried out by DS55.

DS55 reserves the right to change at any given moment the present General Terms and Conditions for Sales by publishing a new version on the Site. The General Terms and Conditions for Sales applied are those that are in effect on the Site on the date that the Customer places an order; understanding that any order of a Product placed on the Site, binds the Customer to the General Terms and Conditions for sales in force at the time when the order is placed.

Article 1. Object

These General Terms and Conditions for Sales are intended to define the conditions under which the Products are marketed by DS55 to the Customer. They deal with the different steps in the sales progress: from the moment the Customer places his order, up to the delivery to the Customer.

Article 2. Products

Products offered for sale by DS55 are those listed on the Website the day of their consultation by the Customer; it being understood that the photographs illustrating the products are not contractual. Each product will be a description, which, in addition to photography, includes: price, photography, availability of sizes and colors, compositions and special features. Small differences may exist between the product and its photography, depending on the screen resolution and the definition of colors of the screen of the computer of the user.

DS55 is committed to delivering products that meet the applicable regulations relating to safety and health in accordance to the European clauses and in particular the legislation on chemical regulations.

Article 3. Price

The prices are indicated in euros, tax included, and delivery costs excluded; understanding that the value added tax is that which is in force on the French metropolitan territory on the day that the order is validated.

The prices applied are those given on the Site and confirmed when the Customer confirms his order.

The delivery costs are shown on the order summary before the Customer confirms the latter and includes all taxes. These costs are at the expense of the Customer and are invoiced in addition to the sale price of the Products. The transfer of risk for loss and damage to the Products will be made after delivery and receipt of the Products by the Customer.

We reserve the right to modify our prices at any moment but will apply the current rates as indicated to you on the site at the time the order was placed.

We would like to inform you that if an obviously incorrect price appears on our website (a price that is clearly too low, for example), and for whatever reason (IT bug, human error, technical error etc.), your order will be cancelled, even if it has been initially validated.

Article 4. Order and payment of the Products

4.1 placing an order

The Customer completes his order by filling in the following 5 steps

Step 1: The Customer selects the chosen Products and adds them to the shopping basket after having selected the desired size and color. The basket at the top and to the right of the screen shows the Customer that it has taken into account his selection by indicating the number of Products it contains.

Step 2: The Customer may check the contents of his basket by clicking on “order” to have access to the summary of his order. The Customer may change his order (Product, size, quantity). The total amount of the order, taxes included, are shown in the summary and are distinguished by the price of the Products and the delivery costs.

Step 3: Once the order has been checked and, if necessary, changed, the Customer validates his basket in order to finalize his order by re-clicking on “order”. If the Customer has a promotion code, reserved for best Customers, he must enter it in the space provided, in order to take advantage of this promotion.

Step 4: Input by the Customer for delivery and billing details.

Apart from the date of birth, address and delivery information, it is necessary that all the fields are filled in for the finalization of the order; understanding that unless the Customer gives different instructions, the billing address will automatically be the same address for the delivery. If the Customer has previously ordered on the Site, then he has a Customer account. If this is the case, he may identify himself using only his email address and password. The Customer then checks all the information and clicks on “validate” for the follow up of his order.

Step 5: Input of banking details

The Customer then accesses the screen for secure payment with the partner of DS55 as specified in article 4.3 below. Payment carried out online is uniquely paid by credit card. The Customer must enter his credit card number, the validity date, as well as the 3 visual cryptogram numbers found on the reverse side of the card, understanding that in the case of payment with an American Express card, the Customer must enter 4 numbers. If the payment is accepted, the Customer will be redirected to the screen where the order is confirmed on the Site.

In the case where the payment fails, the Customer will have up to 3 attempts to re-enter his banking details. After the 3rd attempt, the Customer will be redirected to a screen on the Site that shows the refusal for payment. The Customer will be invited to contact the Customer service of DS55 to find out the reason for the non-payment, and to find a solution to finalize the order.

4.2 confirmation of the order

As soon as the payment is accepted, the Customer will receive an email confirming his order, summarizing the articles ordered, the billing and delivery address as well as the delivery date.

The validation of the order by the Customer and the confirmation of the order is sent to the Customer by email by DS55, following the payment being accepted and concludes a sales contract between the Parties and acceptance of the General Terms and Conditions for Sales.

The Customer having placed an order has the possibility to print his invoice by connecting to the follow-up of orders space provided for on the Site. DS55 reserves the right to not validate an order in the case of:

  • ab normal or abusive claims
  • ab normal orders with regards to the quantities ordered
  • ab normal or abusive exchanges or returns
  • Existing litigation with the Customer

The DS55’s customer service is available for all questions relating to the Customers order. The Customer service is available by email (eshop@freemantporter.com), and by telephone +33 (0)3 87 93 80 43, Monday to Friday from 09h to 18H.

4.3 payment

The price of the Products purchased are payable in cash, in full on the day that the Customer places the order. The payment is carried out online with a bank card (credit card, Visa, Mastercard, American Express) at the time when the order is confirmed by the Customer.

The request for a direct debit on the card is carried out the moment that the order is validated on the site, except if the servers are unavailable. DS55 reserves the right to carry out a new request for a direct debit in the case where the first request was not successful due to the unavailability of the servers.

In the case of non-payment, an incorrect address or any other problem with the Customer’s account, DS55 reserves the right to block the Customers order until the problem is resolved. In the case of fraudulent use of his credit card on the Site, the Customer is invited to contact DS55 at the following number: +33 (0)3 87 93 80 43, Monday to Friday from 09h to 18h or by email at the following address: eshop@freemantporter.com.

All information exchanged to process the payment is encrypted thanks to the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by a third party. At no time does the financial data of the Customer pass through the computer system of DS55. SP PLUS verifies that the connection with the Customers navigator is secured before sending the payment form to the banking institution that carries out the financial transaction. SP PLUS is a technical service, and does not deal with litigations linked to the orders which are processed directly by DS55 as specified above or if need be with the Customers bank.

4.4 Filing of an order

The confirmation of an order is registered on the records of DS55, which are stored on a reliable and sustainable support. The Customer accepts that the confirmation of an order is considered to be proof of the contractual relationship between the Parties.

Article 5 • Delivery

The day following the payment for the order, DS55 delivers the orders with a delivery note within a maximum delay of ten (10) working days for a delivery to France mainland, and twenty (20) working days for a delivery to all other destinations.

All orders registered on the Site, Monday to Friday before 14h00 will be processed the same day; after 14h00, they will be processed the next day. All orders placed on Friday after 14h00, on Saturday and Sunday will be processed the following Monday; understanding that orders placed on bank holidays will be processed the next working day.

In the case where the delivery delay is exceeded, and not justified by a force majeure, the Customer may request a cancellation of the sale and obtain a refund within a maximum delay of thirty (30) days.

For orders outside of France, when the exported package reaches its destination, the recipient must pay the taxes or customs duty that apply to the country of destination. Local authorities can provide this information.

Article 6 • Right of withdrawal

The Customer has, within a period of fifteen (14) working days from the date of receipt of his order to return the Products, without any justification or penalty.

For all returns within the context of the right of withdrawal, the procedure below must be completely respected:

  • The Customer must enclose in his package the return authorization previously completed and printed with the help of the return form accessible from the Customer space – Section – “My Orders”. No return will be accepted without the aforementioned return authorization duly completed.
  • The Products must be returned in the original packaging, with their labels, and any accessories, in perfect condition to:
    DS55 FREEMAN T. PORTER
    Retours Webshop
    1bis rue de Saint-Louis
    ZAC SUD
    57150 Creutzwald
  • The Customer is liable for the risks and costs for the return of the Products
  • The return freight costs are under DS55 cost

Subject to the conditions stated above, DS55 will refund the total amount of the ordered products, including tax, to the Customer. The Customers bank account will be credited with the said amount, within thirty (30) days from the date when DS55 receives the Products.

Article 7 • Receipt of the order – Claims – Returns

The Customer is responsible for checking the conformity of the Products received pursuant to the order when delivered. All abnormalities concerning the delivery such as:

  • damaged package
  • missing products
  • damaged products
  • products non-compliant to the order

must be addressed within legal delay after receipt of order.
This notification will be conveyed to the FREEMAN T. PORTER Customer service either :

  • By registered mail, or by writing to the following address: DS55 SAS - FREEMAN T. PORTER 1bis rue de Saint-Louis - 57150 Creutzwald Or:
  • By email to eshop@freemantporter.com

After this delay, and apart from hidden defects, no claim will be accepted by DS55, the Products are therefore considered as conform.

To return non-conform products, the Customer must respect the following procedure:

  • The Customer must enclose in his package the return authorization previously completed and printed with the help of the return form accessible from the Customer space – Section – “My Orders”. No return will be accepted without the aforementioned return authorization duly completed.
  • Products must be returned in their original packaging, or in any package protecting the product from damage, with labels and any accessories, in perfect condition to be sold again on the website to this address :
    DS55 FREEMAN T. PORTER
    Retours Webshop
    1bis rue de Saint-Louis
    ZAC SUD
    57150
    Creutzwald
  • The Customer is liable for the risks and costs for the return of the Products
  • The return freight costs are under DS55 cost
  • When the non-conformity is acknowledged, DS55 will refund the total amount of the ordered products, within a delay of thirty (30) days from the date that the notification confirming the non-conformity was sent by the Freeman T. Porter Customer service

In the case of a refund, FREEMAN T. PORTER assures to refund in full the products returned conform, with the exception of the taxes and custom duty paid by the Customer for an abroad delivery. In the case of abnormal or abusive claims, DS55 may refuse to accept future orders.

Article 8 • Personal Data

FREEMANT T. PORTER attaches a particular importance to the protection of the personal data. We want to help you to understand how and why we use your personal data and how you can manage this use.

We have improved the settings and the control you have at your disposal to manage your personal data.

We made these changes in order to protect your personal life by conforming us to the new General Data Protection Regulation (GDPR), a new European law which has come into effect on 25 May 2018.

1. Type of collected data

Definition of ‘personal data’: personal data means any information related to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

By browsing on our website or creating your account, you recognize being aware of our Personal Data Policy and you give your consent for the processing of your personal data.

In this case, we can collect and treat following kind of data :

  • Civility
  • Name
  • Firstname
  • E-mail address
  • Billing address
  • Delivery address
  • Phone number
  • Birthday
  • Payment information
  • Purchase history
  • Conversation history with us

The information is strictly confidential and when necessary is identified by an asterisk (*) for DS55, and / or its contractors as part of the management of the Customer's order.

2. Why we collect this data

DS55 collects certain information that is necessary for the processing of the orders. This data is not only necessary for the processing of the Customers order by DS55, but also to convey to the Customer information on the FREEMAN T. PORTER brand name on the Site, or to allow him to take advantage of FREEMAN T. PORTER promotions; if the Customer agrees when confirming his order or by subscribing to our newsletter.

3. Destination of the personal data

The personal data may be shared with all the DS55 employees and with our different service providers (for online promotion for example).

Following any injunction or in order for legal authorities to defend its rights, or those of its employees, customers or anyone else, DS55 may disclose such data to organizations and legal authorities entitled to this information.

Data can be eventually transferred outside the European Union, only for Swiss clients.

4. Access to personal data

The Customer has the right to access, rectify, modify and delete all data pertaining to him.

The site is registered with the National Commission for Information Technology and Civil Liberties (CNIL) N° 1351361. The Customer may exercise this right by writing to the following address or email address, stating their name, email and mailing address :

DS55 FREEMAN T. PORTER
Webshop
1 Bis rue Saint Louis
ZAC SUD
57150 CREUTZWALD
France
@ : eshop@freemantporter.com

The Customer may also change his personal details from his customer space by using his email address and password for identification.

5. Security

The personal information of the Customer is sent and stored at the hosting site which is situated in France, whose details are shown on the site under the section "Legal Notice".

DS55 is committed to taking all precautions to ensure the security of its files and to protect its computer system, and to prevent the information of the Customer being distorted, damaged or a non-authorized third party having access to this information.

6. Duration of conservation

The personal data will be stored as long as you have a commercial relationship with FREEMAN T. PORTER, it means as long as your customer account is active.

If you don’t want us to manage your personal data anymore, you can close your customer account anytime.

Article 9 • Cookies

In order to process the Customer's order, and in order to better understand their needs and to customize the services offered on the Site, DS55 uses cookies. A cookie is a file stored on the hard disk of the Customers PC and its purpose is to indicate when the Customer is logged onto the Site.

The cookies memorize, the time that the Customer spends on the Site, his identity (known through his e-mail address and password) and the contents of his basket.

Once disconnected from the Site, this information is stored for 30 (thirty) days before being permanently deleted. The Customer may object to the registration of cookies by configuring his internet navigator. By doing this he loses any personalized service that is offered on the Site.

Article 10 • Limitation of Liability

Ordering on the site implies that the operational procedures on the Internet are understood and accepted, in particular with regards to technical performance, response time, connection, queries or information transfer, loss of connection risk, the risk of contamination by viruses circulating on the network and in general all the risks associated with the use of the Internet network.

DS55 can not in any way be held liable for any direct or indirect damage resulting from misuse or incidents related to the use of the computer, Internet access, maintenance or malfunctioning servers, telephone line or any other technical connection, and when a Customer connects to the Site he does this under his full responsibility.

Article 11 • Force Majeure

DS55 is not responsible for all or part of the non-performance of its obligations under the order placed by the Customer, if such a non-performance is caused by an event constituent of a force majeure such as that defined by positive law. In such a case, DS55 will inform the Customer by email that such an event has occurred within a delay of three (3) days following this incident.

After a period of 1 (one) month, and in the event where the force majeure persists, the order will be cancelled and will be subject to a refund from DS55 on the credit card used for the payment of the order within a maximum 30 (thirty) days.

Article 12 • Applicable Law

If any of these General Terms and Conditions for Sales is found invalid, illegal or non-opposable by a court of law, the other provisions of these General Terms and Conditions for Sales will remain in effect.

The General Terms and Conditions for Sales are performed and interpreted according to French law. In the case of litigation the customer should first contact DS55 to find an amicable solution and failing this, the common law courts have exclusive jurisdiction.

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