General terms and conditions of FOMBO
These Terms and Conditions include the following sections: 1. terms and conditions of purchase; 2. use of the website; and 3. Miscellaneous, as well as the policy, any terms or document for which a link has been provided herein (collectively the "Terms and Conditions").
1. CONDITIONS OF PURCHASE
Please read these Terms and Conditions of Purchase carefully before ordering products online on the website.
1.1 Application of these Terms and Conditions of Purchase
These Terms and Conditions of Purchase apply to all offers and contracts relating to sales and delivery of products by us. In other words, you accept these Terms of Purchase when you order something on the website, order something on any web page directly connected to the website or when you accept an offer from us. It is only possible to deviate from these Terms and Conditions of Purchase by written acceptance on our part.
We offer different types of products. These can be products that are completely designed and manufactured by us ("standard products"). Please note that in the case of limited edition or limited production, additional product restrictions such as a limitation on the number of Products in question per customer may apply. These additional restrictions will be communicated to you through the Website. All products displayed on the website are subject to availability. This means that, although we try to ensure that our website reflects stock availability, a product displayed on the website may no longer be available for purchase. Minor differences in colour and other product variations are possible due to differences in image acquisition, display technologies or other technical reasons. FOMBO is not responsible for such variations and discrepancies. No rights can be derived from typing errors, product descriptions or obvious errors on the website.
1.3 Conditions for concluding a contract with FOMBO
You must be 16 years of age or older to purchase products through the Website.
You can only order on the website if you are a consumer, not a reseller.
You warrant that the information you provide us with in the application or order is accurate and complete.
1.4 How to enter into a contract with you
1.4.1 General aspects of establishing a contract
The following applies to all types of products. All information on the website is only an invitation to a transaction. In other words, the information does not constitute a binding offer or contract. You agree that your order is an offer to purchase the products listed in your order.
All orders you submit are subject to acceptance by us. We are entitled at any time to verify an order in advance and/or refuse to accept an order without giving reasons and without liability to you or any third party. If we do not confirm acceptance of your order within ten working days, the order shall be deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of our refusal to accept your order are as follows:
a. If one or more products are displayed on the website but are not or no longer available;
b. If we cannot obtain authorization for your payment ;
c. If shipping restrictions apply to a product ;
d. If the product(s) displayed on the website contain a (manifest) error, such as an incorrect price or inaccurate description.
In the event that we do not accept (part of) your order, we will be entitled to cancel (part of) your order without any liability to you or any third party. After the cancellation, we will of course refund the amount you paid us for the (part of the) cancelled order.
We reserve the right to cancel your order after the contract of sale has been drawn up, thereby terminating the said contract, for the reasons stipulated in this article 1.4.1. under headings a to d above. After cancellation, we will naturally refund the amount you paid us for the (part of the) cancelled order.
FOMBO owns and fully reserves the right to refuse any order which is known or may reasonably be suspected to have been made with the assistance of or with the participation of any software, robot, spider or indexing robot or other automatic means or device.
1.4.2 Special aspects of contracting for standard products
After you place your order, we will send you a receipt email with your order number and details of the standard products you have offered to purchase, as well as details of any delivery service. Acceptance of your order and the establishment of a contract for the sale of the Standard Products between you and us will not take place unless and until :
a. you receive confirmation from us that the standard products have been shipped to you from our warehouse; or
b. you receive confirmation from the carrier that the Standard Products are ready for pick-up by you if you have chosen to pick up the Standard Product(s) at a carrier's office, or if the carrier has stored the Standard Products at the pick-up location; or
c. you will receive confirmation from us that the standard products are ready for collection by you at the selected collection point, in case you have chosen to collect the standard products that you have ordered and paid for on the website.
d. All products shall remain the property of FOMBO until you have paid in full all sums due to our company under any contract, including the payment of fees, previous or subsequent deliveries, or partial deliveries. You may not sell, dispose of or pledge any product until you have received full ownership of it.
e. We draw your attention to the washing and care instructions printed on the product labels. We are not liable for any damage whatsoever resulting from incorrect handling of the products, including handling contrary to the instructions. f.
1.5 Order cancellation
Without prejudice to your right of withdrawal, it is possible, in limited circumstances, to cancel your order of standard products . For more information, please consult the Help section.
The prices indicated include VAT. The prices are indicated in euros. FOMBO reserves the right to modify the prices before an order is placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
We may charge a delivery fee. Delivery charges vary for each product and type of delivery. For further details, see article 1.12 or the section ( delivery ) on the website. All delivery charges will be invoiced separately, detailed and added to the total amount of the order.
1.7 Terms of payment
Please check the website for information on payment methods.
Where we choose or are legally obliged to issue or make available an invoice, we reserve the right to do so in electronic form and you accept this type of invoicing.
We will make delivery to the address you have indicated in metropolitan France, We can only make delivery to a home or office address, or to a collection site of the carrier, if you have chosen to collect the products in a collection point. We will confirm this by email informing you when the products are ready for collection by you. If an attempt to deliver the Products is unsuccessful, you agree that the carrier we have engaged for delivery may also deliver the Products to a neighbour/close address or collection point, after which FOMBO shall be deemed to have fulfilled its obligation to deliver the Products. The carrier will inform you whether it is delivering to the neighbour/near address or collection point.
Orders will be dispatched on working days that are not public holidays in the area where our warehouse is located. Therefore, please take into account all public holidays, including national and/or regional holidays in your country of residence and in France. Deliveries will be made on working days that are not public holidays in your country. Please note that public holidays may vary depending on the country and the year.
For detailed information on delivery times, see the delivery section of the site. Delivery times are for information purposes only and are therefore not considered as final deadlines. Simply exceeding a delivery time does not entitle you to compensation. Without prejudice to the foregoing, in the unlikely event of a delay in an express delivery, we may, at our discretion, reimburse you for the full cost of the express delivery. Please note that delivery times are different for customised products. This means that your full order of standard and custom products will take longer to be delivered.
FOMBO is entitled, as far as possible, to make split deliveries so that you receive your products as quickly as possible. There are no additional costs associated with such partial deliveries. However, in the event that you request that we deliver in parts, we may charge you additional delivery costs. Each partial order will constitute a separate contract of sale. If we are late in delivering any part or if a partial order is defective, this will not entitle you to cancel any other part of a partial order.
In the unlikely event that after entering into a contract of sale we are unable or no longer able to deliver (part of) your order without being responsible for this, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse you for all payments made.
1.10 Returns and Withdrawal Policy
For practical information and instructions on how to return standard products, please visit the returns section of the website.
In the event that you are entitled to withdraw from a contract of sale with us (and thus return your standard product(s)) in accordance with clause 1.11 , the following conditions shall apply.
Notice of withdrawal and return of products
To exercise your right of withdrawal you must inform us ( FOMBO SPORT INTERNATIONAL 110 PLACE DES TERRASSES DE L'AGORA 91000 EVRY -Courcouronnes - FRANCE) by submitting a clear statement (e.g. a letter sent by post, fax or email) mentioning your decision to withdraw from the contract of sale.
In order to comply with the withdrawal deadlines specified in Articles 1.14 and 1.15, you are required to notify us that you wish to exercise your right of withdrawal before the expiry of the relevant withdrawal period.
The standard product must be returned (following the instructions on the website) to :
FOMBO SPORT INTERNATIONAL
110 PLACE DES TERRASSES DE L'AGORA
The easiest and preferred way for us to return your products is to follow the steps in the section of the website (return), because this serves both to return the products and to notify us of your wish to withdraw from the contract of sale.
If you return your products by following the instructions above, we will bear the cost of returning the products. In some cases you can ask the carrier to take the package to return it, but this may result in additional costs that will be charged to you by the carrier. Returns that are not made according to the above instructions will be at your risk and expense.
We will inform you by email as soon as we have received and processed the returned product(s).
1.11 Contractual right of cancellation
You have the right to withdraw from this contract within seven (7) days without giving reasons.
The cooling-off period will be seven (7) days from the date on which you, or a third party appointed by you and who is not the carrier, have/take possession of the products, or, if your order is for multiple products that will be delivered separately, from the delivery of the final product(s) completing your order ("Cooling-off Period").
In order to comply with the withdrawal deadlines, you are obliged to notify us that you wish to exercise your right of withdrawal before the expiry of the withdrawal period.
You must return or submit the Products immediately thereafter, but in any event no later than seven (7) days from the date you inform us of your withdrawal from the contract of sale, in accordance with the Returns and Withdrawal Policy in Article 1.13, and in appropriate packaging. This deadline will be deemed to have been met if you send the products before this deadline expires.
If you withdraw from a sales contract during the withdrawal period in accordance with our Returns Policy (Article 1.13) and this Article 1.14, we will refund all payments we have received from you, including delivery charges (if the product(s) returned is (are) the entire order and excluding any additional charges resulting from you choosing a different method of delivery to the most economical standard delivery method we have offered, if any), no later than seven (7) days from the date we received notice of withdrawal from this contract. For this refund, we will use the same payment terms that you used to make the original transaction, unless we agree different terms with you; in any event, you will not be charged for such refunds. Whichever comes first, we may suspend the refund until we have received the returned products, or until you have provided proof that you have returned the products.
You will only be liable for any decrease in the value of the products if the decrease in question is attributable to inappropriate handling on your part while guaranteeing the nature, characteristics and functioning of the products.
1.12 Exchange Policy
It may be possible to exchange your product ("Original Product") for another product ("New Product") under certain conditions, at our sole discretion. The exchange is always subject to stock availability. The Original Product must be returned in accordance with our return policy described in section 1.10. If you do not return the Original Product in accordance with our return policy, we will not be able to give you a (full) refund, or we may charge you for the New Product. The price of the New Product will be equal to the price of the Original Product, even if the price and/or applicable taxes have changed. The order for your New Product is subject to the same return (see clause 1.10) and contract formation conditions as the order for your Original Product (see clause 1.4), it being understood that the order for the New Product will - mutatis mutandis - be treated as an order placed on our Website. Please see our FAQ for more information on order exchange.
1.13 Damaged or defective products
For FOMBO, quality is paramount. We thoroughly test all our products under real-world conditions to ensure that they are fully capable of withstanding the uses for which they were designed. It is extremely rare for our products to be damaged or defective. FOMBO has a legal obligation to ensure that our products comply with the contract of sale.
Returned products are inspected by FOMBO's Quality Assurance department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective product.
If the problem was caused by reasons other than the quality of materials or assembly, the original product will be returned to you. We do not refund products:
• obtained from a source other than the website ;
• have been damaged through abuse or neglect (e.g., exposure to chemicals, caustic substances, open flames, high temperatures, sharp objects, etc.); and/or
• have been damaged by misuse or activities other than those intended (e.g. use of running shoes or hiking boots as work boots, etc.).
Please note that the lifespan of any product depends on the individual using the product in question, the conditions of use, and the characteristic habits of the user. Our products that are damaged as a result of normal use and wear and tear or that have exceeded the reasonable life of the product are not replaced.
Our customer service team is available to help you. Please do not hesitate to contact us if you have any questions or comments.
2. USE OF THE WEBSITE
Please read these Terms and Conditions for Use of the Website ("Website Terms and Conditions") carefully before using the Website and any FOMBO content on social networks, including but not limited to Facebook and Twitter (together: the "Website"). These Website Terms and Conditions apply to all visits to and use of the Website, including (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you agree to the use of the Website Terms and Conditions in their entirety in addition to any other laws or regulations that apply to the Website and the Internet. If you do not agree with the use of the Website Terms and Conditions, please exit the Website immediately.
2.1 Content on the website
All content described or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, designs, photographs, images, moving images, sound, illustrations and software ("Content"), is the property of FOMBO, its affiliates, licensors or content providers. All elements of the Website, including but not limited to the overall design and Content, may be protected by copyright, moral rights, database rights, trademark and other intellectual property rights laws. Except as expressly permitted under this or any other agreement with FOMBO , no part or element of the Website or the Content may be copied or retransmitted by any means. The Website, the Content and all related rights shall remain the exclusive property of FOMBO, its affiliates or its licensors, unless otherwise expressly agreed. All such rights are reserved.
2.2 Copyright and trademarks
The copyright in all content is and remains the property of FOMBO , its affiliates or its licensors as applicable. Except as may be otherwise indicated in specific documents within the Website, you may view, read, print and download content found on the Website only for your personal, informational, non-commercial use. You may not modify any of the content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any of the content. You may not re-use any of the Content without the prior consent of FOMBO. For the purposes of these Terms, the use of such Content on any other website or in a networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from the Content found on the Website.
If you download software (including but not limited to screensavers, smartphone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by FOMBO. FOMBO does not transfer title to the Software to you. You own the media on which the Software is recorded, but FOMBO retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names that appear on FOMBO products, product packaging and/or the Website, whether registered or not ("Trademarks") remain the exclusive property of FOMBO, its affiliates or its licensors (as applicable) and are protected by applicable trademark laws and treaties. Without the prior written consent of FOMBO, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Trademarks in any way, including in advertising or publicity pertaining to the distribution of content on the Website. The use of any of the trademarks on any other website or networked computer environment, for example the storage or reproduction of (part of) the website in any external website or the creation of links, hypertext, links or deep links between the website and any other website, is prohibited without the express written consent of FOMBO.
2.3 Disclaimer of Warranty
The website and the content are free and provided "as is", without warranty of any kind. The information on the website is for general purposes only and does not constitute advice.
FOMBO does not represent or warrant that the information and/or content of the website is accurate, complete or current, or that the website or the server that makes the website available are free of viruses or other harmful components. In addition, FOMBO does not provide connectivity or specific IT infrastructure. Therefore, FOMBO cannot represent or warrant that the website will operate without interruption or error. FOMBO makes no representation or warranty regarding the use of the website in terms of decency, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
2.4. Limitations of liability
Your use of the website is at your own risk. Neither FOMBO, nor any of its employees, officers, directors, agents or any other party involved in creating, producing or delivering the website shall be liable for any direct, indirect, special, consequential or other damages arising out of the use of, or inability to use, the content on the website, including for damages caused by viruses or any other inaccuracies or imperfections in the information on the website, or in the performance of the products or otherwise, arising out of or in connection with these Terms and Conditions of Use of the website, even if FOMBO has been advised of the possibility of such damages.
2.5 Links to third parties
For your convenience and to improve the use of the Website, links to websites owned and controlled by third parties may be provided from time to time. These links take you outside of FOMBO's services and off the Website and are beyond the control of FOMBO. This includes links to partners who may use the trademarks as part of a trademark sharing agreement. The websites you may link to have their own terms and conditions and privacy policies. FOMBO is not and cannot be held responsible for the content and activities of these websites. Consequently, you visit/access these websites entirely at your own risk.
2.6 Misuse of the website
You are also prohibited from using the website for advertising or any form of commercial solicitation.
You may not use any software, robots, spiders, crawlers, indexing robots, page readers or any other means or device to (a) access, copy, affect or monitor any part of the Website or its contents, or to circumvent the structure or presentation of the Website or any of its contents, or (b) to interfere with the operation of the Website or any transaction being conducted on the Website, or interfere with or affect any person's use of the Website or assist any third party to purchase any product from the Website.
You may not attempt to gain unauthorized access to any part or feature of the Website or any system connected to the Website through hacking, password mining or any other illegal or unauthorized means.
2.7 Unsolicited Ideas
adidas maintains a policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other content related to adidas' business (including but not limited to footwear, apparel, sports goods and services), whether text, images, sounds, software, information or otherwise (the "Content") from persons outside of adidas. You should therefore not publish any Content on the website or send it to adidas by e-mail or otherwise.
3.1 How to contact us?
If you have any questions or comments about the website or the FOMBO General Terms and Conditions or if you wish to submit a complaint, please do not hesitate to contact our customer service department.
You can also write to us at the following address:
FOMBO SPORT INTERNATIONAL
110 PLACE DES TERRASSES DE L'AGORA
3.2 Conflict of conditions
In the event of any inconsistency between the FOMBO General Terms and Conditions and any content appearing in other parts of the website or in links, the FOMBO General Terms and Conditions contained herein shall prevail.
3.3 Amendments to FOMBO's General Terms and Conditions
We reserve the right to change these Terms and Conditions at any time.
Your use of this website and any purchase contract between you and us is subject to the FOMBO Terms and Conditions in the version in force at the time you place an order through this website, or in force on the day you view this website (as applicable).
Please check FOMBO's Terms and Conditions regularly for changes.
3.4 Data Protection
3.5 Nullity of clause
Each of the clauses of FOMBO's General Terms and Conditions shall be interpreted separately and independently of the others. In the event that any provision is held to be invalid, void or unenforceable in any way, such provision shall be deemed to be separate from and shall not affect the enforceability of any other provision of these FOMBO Terms and Conditions.
3.6 Subcontracting and assignment
FOMBO reserves the right to sub-contract, transfer, assign or submerge all or any of its rights and obligations under these FOMBO Terms and Conditions provided that your rights under the FOMBO Terms and Conditions are not affected. You may not subcontract, assign or transfer in any way any of your rights or obligations under the FOMBO Terms and Conditions without our written permission.
3.7 Cases of force majeure
FOMBO shall not be liable for any delay or failure to perform or comply with its obligations under the FOMBO Terms and Conditions if such delay or failure results from a cause beyond the reasonable control of FOMBO.
3.8 Applicable law and jurisdiction
The General Terms and Conditions of FOMBO shall be governed by French law. French law shall apply to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect any mandatory rights applicable under the law of your country of residence.
You may bring any dispute which may arise under these General Terms and Conditions - at your discretion - either before the competent court of EVRY-Courcouronnes in FRANCE or before the competent court of your country of habitual residence if this country is a Member State of the EU, these courts being - to the exclusion of any other court - competent to decide such a dispute. FOMBO will bring any dispute that may arise under these General Terms and Conditions of Sale before the competent court of your country of habitual residence if this country is an EU Member State, or before the competent court of EVRY-Courcouronnes , FRANCE.