These General Terms and Conditions of Use (hereinafter the « GTCU ») apply when using the website accessible at the following address: https://eu.fxdworkwear.com/ (Hereinafter the « Site »).
These GTCU may be changed at any time, and the Publisher (as defined hereinafter) reserves the right to make any adaptations therein that it deems necessary for its business or compliance with changes in legislation.
The applicable GTCU are those that appear online on the day on which the User (as defined hereinafter) accesses or uses the Site, with the User acknowledging that he has read them, and declaring that he unconditionally accepts them upon his visit to the Site.
The latest updating of the GTCU occurred on the 01 of August 2020
Article 1- Intellectual property
All of the audio and visual contents of the Site, particularly the texts, photographs, illustrations, images, models, trademarks and logos, as well as its menu tree, its architecture, the programming and the software used, are the property of the Publisher, the companies of the group to which it belongs, or its suppliers or licensors.
Access to and use of the content Site are strictly limited to the User personal usage and do not convey nor imply any license or any intellectual property rights.
Therefore, any representation, reproduction, exploitation or use of these protected elements or content is strictly prohibited and may give rise to legal proceedings, unless such is authorized by the Publisher or the holders of respective rights in writing beforehand.
The User is solely and fully responsible for content that it puts online on the Site.
The Publisher’s liability shall not under any circumstance be invoked for any use of such content that infringes the rights of third parties.
Article 2- Management of the account
The User that creates an account for the purchase of Products on the Site is responsible for compliance with, and maintenance of, the security of this account by keeping the password strictly confidential.
The information provided by the User during the creation of the account shall be complete, accurate and updated and the User is solely responsible for any modification in the account data.
The User controls the access to his computer or any other equipment enabling him to access the account, and is responsible for uses and purchases made with this account and/or the password, as well as for accuracy and updating of the data and information appearing on the account.
Article 3- Personal data
By consenting to FXD’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Article 4- Liability
The Publisher takes all precautions and deploys all means to ensure the reliability of information and secured access to the Site.
However, the Publisher shall not be held liable for damage to property or persons related to the use of the internet network -- for example damage resulting from fraudulent acts, misappropriation, piracy, the presence of a virus, or an interruption of the web service.
That is also true with respect to damage resulting from improper use of the Site; a use that does not comply with the provisions of these GTCU; inappropriate equipment; or a situation of force majeure, for example, acts of civil or military authorities, strikes, fires, floods, water damage, storms, lightening, energy or supply shortage, accidents, riots, or attacks.
The Publisher disclaims all liability related to the nature or reliability of the content of third parties’ sites that are connected to the Site by hypertext links or by any other means.
Article 5- Applicable law - disputes
Use of the Site is governed by French law, except for any provisions of public policy established in the User’s country of residence.
The parties shall attempt to amicably resolve any disputes that might arise between them regarding the construction or execution of these GTCU.
In accordance with the clauses of Article L.616-1 and R.616-1 of the French Commercial Trade, any dispute arising out of the sale execution will be followed by the designated mediator:
60 rue de la Boetie
Moreover, in accordance with Article 14.1 of the EU Merger Regulation n° 524/2013, and with council communication dated May 21st 2013, you can directly reach the dispute resolution online platform under the following link : https://webgate.eu.europa.eu
If an amicable settlement cannot be reached, either party may initiate a contractual mediation procedure or refer the matter to the competent court.
Article 6- Legal information
The Site is published by GLOBE EUROPE SAS, a simplified stock corporation with capital of € 2 910 000, which has its head office at Route de Tosse Zone Artisanale de Laubian in Seignosse (40510) in France, registered in the Dax Registry of Trade and Companies under number 452281405, with intracommunity VAT number FR79452281405 (herein the « Publisher»), represented by its president, Mr. Matt HILL
The Head of the Site’s publication is Mr. Dane WARD
Email Address Dane.W@globebrand.com
Phone number +33 (0)5 58 49 89 70
The Head of the Site’s hosting is Att Data Protection Officer
Shopify International Limited 2nd Floor 1-2 Victoria Buildings Haddington Road Dublin 4, D04 XN32 IRELAND
Email Address email@example.com