Terms of Purchase

Legal

Welcome to Façonnable.com (the “Site”). This document contains the Conditions regulating the sale of the products presented on this site by the company: Façonnable Spain SL. Façonnable Spain SL is a registered company under company number B85318137. Our VAT number is B85318137. Our contact details are the following: 403-405 carretera Laurea Miro, 08980, Sant Feliu de Llobregat – Barcelona, SPAIN.

Please read these Terms carefully before using the Web Site..

By using the Web Site, users signify their assent and agreement to these Terms. If user does not agree to these Terms, then he/she may not use the Web Site.

If you have any questions about these terms & conditions or you want to make a claim, please contact our Customer Service by sending an e-mail to assistanceclient@faconnable.com or calling to the phone number +33 1 44 54 55 23 during customer attention hours (Monday to Friday from 9h to 18h*, excepting bank holidays in which our Customer Service shall be inoperative).

*(Local time in Paris / GMT+1)

ACCEPTANCE OF THE CONDITIONS OF PURCHASE AND PRIVACY POLICY

Before proceeding with your purchase, you must confirm your acceptance of these Conditions by ticking the box marked “I accept the conditions of purchase and the privacy policy.” By doing so, you declare that you have read and accept, without any reservations, these conditions of purchase.

SERVICE AVAILABILITY

The Site and the related Products are only intended for individuals resident in the United Kingdom*: *Are excluded from our services: Channel Islands and Gibraltar. Façonnable does not accept orders of Products from individuals resident or located outside said Serviced Countries. Please click on the flag icon at our homepage and select your country. If there are any shipping restrictions, or we are unable to ship this product to your country, you will not be able to checkout and pay for the item.

ORDERS OF PRODUCTS BY END USERS ONLY

The orders of Products placed through the Site are exclusively intended for end users for personal and non-commercial purposes, excluding any resale of Products in any manner. The resale and/or distribution of Products obtained through the Site are exclusively prohibited by these Terms.

ABOUT YOU

By using the Site or placing an order of Products through this Site, you warrant that:

• You are legally capable of entering into binding contracts;
• You are at least 18 years old, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms. In any case, you warrant that you are at least 13 years old, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site;
• You are using the Site or placing an order of Products for personal and non-commercial purposes;
• You are resident or located in one of the Serviced Countries; and
• You are accessing the Site from that Serviced Countries.

RESERVATION OF RIGHT TO MODIFY THESE TERMS

Façonnable reserves the right to modify the Site and the Terms at any time, in particular to reflect changes in market conditions affecting our activities, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Façonnable system's capabilities. Subject to the article Applicable Law/ Divisivility below, in the event that Façonnable modifies the Terms, Façonnable’s revised Terms shall be effective immediately upon the posting on the Site of such revised Terms.Your continued use of the Site following the posting of any revised Terms shall be deemed to conclusively indicate your acceptance of such revised Terms. Accordingly, you should - and undertake to - periodically review these Terms.

PRICE AND PAYMENT

Price of Products

The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. These prices are in Pounds including VAT and exclude delivery costs.

Prices may change from time to time, but changes will not affect orders in respect of which Façonnable has already sent you a Confirmation.

Shipping Costs

Shipping costs are free of charge for our customers. Deliveries will be handled by UPS, an express carrier. The delivery times will generally be of a maximum of 6 working days.

These periods may vary according to the specific circumstances of each order, such as the availability of the product chosen or the mailing area. Likewise, in exceptional circumstances the delivery time may be altered by incidents or difficulties in the delivery of the merchandise.

Import duty

If you order Products from the Site, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be sole responsible for payment of any such import duties and taxes. Please note that Façonnable has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. Façonnable will not be liable for any breach by you of any such laws.

Orders delivered to Switzerland, Turkey and Norway are subject to import duties.

Payment

Façonnable accepts payment with:

• Visa
• Visa Electron
• Mastercard
• American Express
• Maestro
• Paypal
• https://www.klarna.com/international/privacy-policy/

Security during the payment process

Check that you have filled in all of the required fields correctly. Once you have finished, the information will be transmitted in an encrypted format using the SSL protocol. If you choose to pay using a card, the system will contact the bank that issued the card so that you can authorise the payment. Once the bank has confirmed authentication, the amount will be charged to the card. If your bank does not confirm authentication, the order will be cancelled. In any event, you will be informed of the result of the operation by e-mail. By making a payment with a card you confirm that it is your property. Payment by credit card will be subject to verification and authorisation procedures by the entity that issued the card, as a result of which if the entity does not authorise payment, we will not be able to process the order nor will we accept any liability for any delay or lack of delivery.

If you usually order as a Registered User, you will be given the option, if desired, to save your bank details to avoid having to enter them for future purchases. Please be aware that you may remove this information from your customer account at any time.

OWNERSHIP AND TITLE RETENTION

The ordered Products remain the property of Façonnable and no property in or title to the ordered Products shall pass to you until full payment for the Products has been effectively received by Façonnable.

TERMS OF ORDERING, SHIPPING AND RETURNS

Ordering:

For each order of Products through the Site, you will be requested to confirm your acceptance of the Terms applicable on the date of the order.

After placing an order of Products, you will receive an e-mail from Façonnable acknowledging that Façonnable has received your order of Products. In any case, all orders are subject to product availability; if supply or stock difficulties arise, we will refund you any amount that you may have paid.

You may purchase items from www.faconnable.com as a Guest or as a Registered User. Signing up as a registered user will allow you to receive our newsletter, take advantage of discounts and promotions, access your past orders and store all of your delivery and invoicing details as well as payment methods, so that you don’t have to enter them for future purchases.

Online orders placed in store: If the item you want is out of stock in store, or your size is not available, our staff can place an online order for you in store. These orders must be paid for in cash, by credit or debit card, by PayPal, or with a gift card. They may be delivered to the same store or to an address, and are subject to the same terms and conditions as ordinary online orders

We also inform you that if you want to receive the invoice of your order, you will have to contact our Customer Service* who will send it by email as soon as possible after reception of your order.

Shipping:

Faconnable.com can only deliver to the specific Country website you are shopping from. Please ensure that the correct delivery country has been selected when placing your order.

Products will be delivered to the delivery address as shown in Your Order Confirmation. It may not be possible to change the delivery address once an order has been processed and dispatched.

We strive to ensure that all orders are received within 4-6 working days.

Façonnable insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to You.

TRACKING: Our courier provides a tracking service and You can check the current status of your shipment in ‘My Account’ section by clicking ‘Track Order’ within ‘My Orders’. Simply type in your unique tracking number emailed to You, to track the status of your shipment. Up to date tracking information will appear once the parcel has been collected from our warehouse in Spain, by the courier and therefore may not display immediately.

Returns:

If you are unsatisfied with your order of Products, you may cancel your order at any time within thirty (30) days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products. Return costs are free of charge for our customers.

Once your package has been processed, you will receive an email notification and the refund to your bank account as soon as possible. Façonnable will refund your money onto the payment method used in your original order, up to a maximum of fourteen (14) days after you have notified Façonnable of your wish to cancel or terminate the contract.

Additional notes:

The product must be returned in the same conditions as those it had when it was sent. Underwear and fragrances which have been unsealed after delivery cannot be returned.

We cannot offer an exchange for the product.

If you have been given a gift together with the product you wish to return, this must also be returned in the same conditions. Otherwise you will be debited the amount corresponding to the value of the gift.

Returns of goods carried out by means different from the one described herein shall not be accepted.

Refunds will be issued only for properly returned items.

In case of products with faults or defects, please contact our customer service department by sending an e-mail to assistanceclient@faconnable.com. Please note that all products sent for delivery are checked carefully to avoid these situations.

Returns can only be processed for products acquired at our on-line shop.

FAÇONNABLE REFUNDS POLICY

When you return a Product to Façonnable because you have cancelled the order within the thirty-day period, Façonnable will process the refund due to you as soon as possible. Refunds to you will be made within 14 days of us receiving the items back. Façonnable will refund the price of the Product in full.

Façonnable will usually refund any money effectively received from you using the same method originally used by you to pay for your order. However, Façonnable reserves the right to refund any money effectively received from you using another same method than the method originally used by you to pay for your order.

AVAILABILITY

Products and related prices are valid as seen on the Site, subject to availability. Information about the availability of the Products will be given during the Products ordering process.

Exceptionally, amendments may be made, especially in cases of simultaneous orders of the same Products by several customers, even if the relevant Confirmation has been sent to you. If a product is unavailable after ordering, you will be informed by email or by phone as soon as possible. You will then be able to order an alternative from Site or cancel your order. If you choose to cancel your order, you will be refunded immediately if your charge or credit card has been debited.

Façonnable reserves the right to change at any time and without any notice the Products proposed on the Site.

YOUR USER ACCOUNT

In the event that you create an account or profile through the Site and are provided with user identification names, numbers or codes and/or passwords (“Access Credentials”) in connection with your use of this Site, you agree to keep your Access Credentials strictly confidential and not share them with anyone else. You are responsible for any misuse of the Site or any Content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one else uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify Façonnable if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. Façonnable may terminate your access to, and use of, the Site immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.

You agree to provide true, accurate, current and complete information about yourself (all of which will be subject to Façonnable’s Privacy Policy). If you provide any information that is untrue, inaccurate, not current or incomplete (or Façonnable has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), Façonnable has the right to revoke your Access Credentials and suspend or terminate your access to and use of the Site.

LINKS

Façonnable may place hypertext links on the Site that connect to third party websites or content. Façonnable has no control over these linked sites or their content or third party content. Your use of such linked sites will be subject to such sites’ terms of use and privacy policies and not Façonnable’s Terms and Privacy Policy, so be sure to read them before using such sites or transmitting any information to such sites.

DISCLAIMER OF WARRANTIES

Façonnable warrants to you that any Product purchased through the Site is of satisfactory quality.

The Content Available On The Site Is Provided “As Is” And Without Warranties Of Any Kind Either Express Or Implied. To The Fullest Extent Permissible Pursuant To Applicable Law, Façonnable Disclaims Any And All Warranties, Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability, Fitness For A Particular Purpose And Non-Infringement.

Façonnable Does Not Warrant That The Site, The Content Or Any Site Functions Will Be Uninterrupted Or Error-Free, Free Of Viruses Worms, Trojan Horses, Other Destructive Material Or Other Harmful Components Or That Defects Will Be Discovered And/Or Corrected.

Façonnable Does Not Warrant Or Make Any Representations Regarding The Use Or The Results Of The Use Of The Content Available On The Site Or In Third-Party Sites In Terms Of Their Correctness, Accuracy, Timeliness, Reliability Or Otherwise. You (And Not Façonnable) Assume The Entire Cost Of All Necessary For You To Access And Use The Site.

Façonnable's Liability Resulting From The Contract, The Products And Your Use Of The Site Is Expressly Excluded In The Following Cases:

• 1. For Fraud Or Fraudulent Misrepresentation By You; Or
• 2. For Any Deliberate Breaches Of The Terms By You.

LIMITATION OF LIABILITY

Under No Circumstances, Including, But Not Limited To, Negligence, Shall Façonnable, Its Subsidiary And Parent Companies Or Affiliates Be Liable For Any Direct, Indirect, Incidental, Special Or Consequential Damages That Result From The Use Of, Or The Inability To Use, The Content And/Or Site. You Specifically Acknowledge And Agree That Façonnable Is Not Liable For Any Conduct Of Any User. In Particular, Façonnable Is Not Responsible For Indirect Losses Which Happen As A Side Effect Of The Main Loss Or Damage, Including But Not Limited To Loss Of Income, Revenue, Profits, Or Business.

EVENTS OUTSIDE FAÇONNABLE CONTROL

Façonnable will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Terms of any applicable laws, rules or regulations that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• Impossibility of the use of public or private telecommunications networks; and
• The acts, decrees, legislation, regulations or restrictions of any government.

Façonnable's performance under the Terms of any applicable laws, rules or regulations is deemed to be suspended for the period that the Force Majeure Event continues, and Façonnable will have an extension of time for performance for the duration of that period.

YOUR PRIVACY

Your personal privacy is very important to Façonnable and Façonnable’s Privacy Policy is hereby incorporated into and made a part of these Terms such that your use of the Site also constitutes your acceptance of Façonnable’s Privacy Policy. If you have not already reviewed Façonnable’s Privacy Policy, please do so now by clicking here.

USAGE RESTRICTIONS AND LIMITED LICENSE

This Site contains or uses certain contents and material, including written materials, third party information, software, source and/or object code, data, images, video, music, sounds, trademarks, text, graphics, logos, button icons, audio clips, digital downloads, data compilations, patents (collectively “Content”), which is derived in whole or in part from material supplied by Façonnable and other sources or is the property of Façonnable or its content suppliers, and may be protected by the applicable national and international copyright and intellectual property laws and other laws, rules and regulations. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content without Façonnable’s prior written permission.

Façonnable does not permit the use of its trademarks, intellectual property rights, names or its products names in advertising, as an endorsement for any product or service or for any other commercial purpose without express prior written permission. Similarly, Content may not be used without express prior written permission.

You may not remove any copyright, trademark or other intellectual property or proprietary notice contained on the Site or any of the Content.

You may use the Site and the Content offered on the Site only for personal, non-commercial purposes and in accordance with the Terms. You may use Content offered for downloading (if any) for personal and non-commercial use only and subject to the rules that accompany that particular Content.

You may not use any Content in a manner that exceeds the rights granted for your use of the Content.

You may not use any data mining software, robots, spiders, web-crawlers, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without Façonnable prior written consent.

You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

ACCEPTABLE USE OF THE SITE

You may use the Site for lawful purposes only. You may not submit or transmit through the Site any material of any kind, or otherwise engage in any conduct that:

• violates or infringes the rights of Façonnable or any third party including, without limitation, the patent, trademark, trade secret, copyright, publicity/privacy or any other intellectual property or proprietary rights of any third party;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts, of sexual acts or is obscene/pornographic;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• impersonates any person, business or entity, including Façonnable and its employees and agents;
• contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• violates these Terms or any other guidelines or policies posted on the Site;
• could damage, disable, overburden, or impair Façonnable’s or its internet hosting provider ’s servers or networks, or interfere with the operation, or any other party’s use and enjoyment, of the Site.

You may not attempt to gain unauthorized access to the Site or any services, user accounts, computer systems or networks, through hacking, password mining or any other unauthorized means and you may not reverse engineer, decompile or disassemble the Site or any Content.

You may not use the Site or any communication tools made available to you through the Site to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about Façonnable’s users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.

WRITTEN COMMUNICATIONS

Applicable laws, rules or regulations may require that some of the information or communications Façonnable sends you should be in writing. When using the Site, you accept that communication with Façonnable will be mainly in electronic form. Façonnable will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Façonnable provides to you electronically comply with any legal requirement that such communications be in writing.

INFORMATION AVAILABLE ON THE SITE

Façonnable does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented on the Site are their own and are not to be attributed to Façonnable. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

APPLICABLE LAW

These terms & conditions are redacted in English.

Divisibility:

If any of these conditions or any of the precepts should be considered invalid, illegal, or cannot be executed in any way by the competent authority, they will be separated from the remaining conditions and precepts which will continue to be valid insofar as this is permitted by law.

Conflicts resolution policy:

In the event that any controversy arises, the parties will have the option of trying to solve the matter out of Court. If no out-of-Court agreement is reached, the competent Court to solve any such controversies shall be the Court of the place where you (the client) have your residence.

MISCELLANEOUS

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Façonnable’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Unless otherwise specified herein, these Terms constitute the entire agreement between you and Façonnable with respect to your use of the Site and the Products and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Façonnable with respect to subject-matter hereof.

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Façonnable without restriction, provided that such transfer or assignment of the rights and obligations under the Terms of Façonnable towards you will remain unchanged.

SERVICE REVIEWS

Here at Faconnable. We sometimes carry out quality actions and surveys aimed at understanding the degree of satisfaction of our customers and users, and also to detect areas in which we can improve.