TERMS & CONDITIONS

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:

1. 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;
2. 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;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including Façonnable and its employees and agents;
5. 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;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. violates these Terms or any other guidelines or policies posted on the Site;
8. 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.

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.

Should you want to make an order that exceeds this amount, we invite you to place a new order or contact us at assistanceclient@faconnable.com.

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.

Our chosen courier for Delivery is DHL and we strive to ensure that all orders are received within 2-8 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.

Our partner DHL will inform you about your order status by SMS. We kindly ask to provide a valid phone number so that the courier could contact you.

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.

In order to make a return free of charge for you, please let us know the items that you want to return, the order number and the pickup address by sending an email to assistanceclient@faconnable.com. We also kindly ask to provide a valid phone number so that the courier could contact you. We will arrange the pickup for you with our courier.

Once you have confirmed us the pickup address and date, we will send you by email a label from our partner. You must print this label and stick it onto the top of the return box. We will also send you a Customs Return Invoice which you will have to print three times and hand it to the carrier.

Don't forget that each box will need its own label If you require more than one, you can print copies of the dispatch note and repeat these steps until you have as many labels as you need.

Seal the box securely.

It may take a few days before the return package is received at our warehouse in Spain. 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.

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 US Dollars ($) 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 in orders exceeding the amount of $295. If your total order amount is below $295, then you will be charged $14 for the shipping.

Deliveries will be handled by DHL, an express carrier. The delivery times will generally be of a maximum of 8 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.

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.

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.

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 not refund the shipping costs in the case you have paid for them.

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.

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.

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.

Indemnity

Subject to applicable Law you agree to defend, indemnify, and hold harmless Façonnable and its owners, principals, affiliates, subsidiaries licensors and licensees and their directors, officers, employees, contractors and representatives from any and all liabilities, claims, judgments and expenses, including attorney’s and expert’s fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third party right, including without limitation any third party’s patent, trademark, trade secret, copyright, publicity/privacy or other intellectual property or proprietary rights of any third party; and/or (iv) any use or misuse of your Access Credentials.

Façonnable will give you notice in the event of an indemnifiable event. Façonnable reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Façonnable in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms and your right to use the Site.

Applicable Terms and Termination

Applicable Terms

These Terms are, as between you and Façonnable, effective from the first time you use the Site. Amended Terms concerning the use of the Site in accordance with article 5 above will apply upon the posting on the Site of such revised Terms.

Relevant provisions of the Terms applicable to Products and order of Products, delivery of ordered Products, shipping of ordered Products, payment of ordered Products, returns of ordered Products and related representation and warranties are those effective on the date you placed the relevant order of Products followed by the relevant Confirmation, unless any change to the Terms is required to be made by applicable laws, rules or regulations (in which case it can apply to orders previously placed by you), or if Façonnable notifies you of the change to the Terms before Façonnable sends you the relevant Confirmation (in which case you will be provided with the right to cancel the relevant Order if you do not agree with the revised Terms).

Termination

In terms of non-compliance by you of any of provisions of the Terms or applicable laws, rules or regulations applicable to your use of the Site, you agree that Façonnable may at any time, with or without notice, terminate your Façonnable account, or access to the Site.

Without prejudice to Façonnable obligations relating to previous valid and lawful order of Products that you have validly and lawfully placed in accordance with the applicable Terms, termination of your Façonnable account may include (1) removal of access to all Façonnable services, (2) deletion of your password, related information, Access Credentials, files and content associated with your account, and (3) prohibiting further use of the Site.

Without prejudice to your obligations relating to previous valid and lawful order of Products that you have validly and lawfully placed in accordance with the applicable Terms, you are entitled to terminate your Façonnable account at any time, provided that you agree that Façonnable may be under the obligations to maintain and store during a certain period after your termination your Façonnable account information, such as your password, related information, Access Credentials, files and content associated with your account for legal, tax, administrative or other reasons imposed to Façonnable by applicable laws, rules or regulations.

Surviving provisions

Any restrictions with respect to any Content of - or downloaded from - the Site, the disclaimers and limitations of liabilities, and indemnification obligations, shall survive the termination of these Terms.

International Use

Façonnable makes no representation that Content of - or any services or Products available through - the Site are appropriate or available for use in locations outside the Serviced Countries. Accessing the Site from territories where the Site Content is illegal is strictly prohibited. Those who choose to access the Site from locations outside Serviced Countries do so at their own risk and at their own discretion, and are responsible for compliance with all applicable local laws, rules and regulations.

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.

In the event any controversy arises, it is hereby agreed that the dispute shall be referred to United States Arbitration and Mediation for arbitration in accordance with United States Arbitration and Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon.

Where permitted by Law, both Parties agree that each may bring claims against the other only only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action, Unless both parties agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

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.