GENERAL CONDITIONS OF SALE
1. General
1.1. These general terms and conditions of sale (hereinafter "GTC") apply to all orders concluded between the customer who is a consumer or non-professional (hereinafter referred to as "you") and FENIX OUTDOOR E-COM AB, a public limited company incorporated under Swedish law with a capital of EUR 71,016, whose registered office is located at Brogatan 141, 894 35 Själevad, Sweden, registered in the trade and companies register of Bolagsverket (Swedish Companies Registration Office), under number 556080 - 3362 and whose intra-community VAT number is SE556080336201 (hereinafter referred to as "FENIX" or "we") for the sale of products delivered to customers established in Metropolitan France, on the FENIX/FJÄLLRÄVEN website at the address www.fjallraven.fr (also referred to as the “Website”).
1.2. FENIX OUTDOOR E-COM AB is the online sales company of FENIX OUTDOOR AB. FENIX OUTDOOR AB is the parent company of FJÄLLRÄVEN INTERNATIONAL AB.
1.3. FENIX customer service can be contacted at Brogatan 141, 894 35 Själevad, Sweden, by email at info@hotgotallhelp.com or by telephone at
0046 (0) 660 490890
. FENIX is available from Monday to Friday, from 9:00 a.m. to 5:00 p.m.
1.4. You declare that you have read these General Terms and Conditions and have accepted them before placing your order. Validation of your order constitutes acceptance without restriction or reservation of these General Terms and Conditions.
1.5. We reserve the right to modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to your order is the one published on the Website when you place your order.
1.6. The language used for the contract is French.
1.7. The unique identifier numbers generated by ADEME are FR241200_01HDAE (Citeo), FR241200_11RJHD (ReFashion) and FR264949_13GHDV (Ecologic).
2. Prices and delivery charges
2.1. The prices and offers mentioned on the Website are valid at the time of their publication, unless otherwise stated on the Website. Prices indicated in stores, in catalogues and on the Website may be different.
2.2. Prices indicated online are expressed in euros, inclusive of all taxes, but do not include delivery charges. For further details regarding delivery charges, please consult the section
delivery
.
3. Order
3.1. Only adults are authorized to order on our Website. In addition, orders placed must not be intended for a commercial or professional activity, for you or for a third party. The delivery of products only concerns retail sales.
3.2. Any order placed implies an obligation of payment on your part.
3.3. To place an order on the Website, view the different products available and click on the products you wish to purchase to add them to your shopping cart. Once you have chosen the products to order, you will have the opportunity to check and validate your order and then click on "Checkout". You will be prompted to log in or create your Account, before being asked to provide additional information that is necessary to finalize your order.
3.4. Once the identification data has been entered, you must accept these General Terms and Conditions and definitively confirm your order after having checked it and, if necessary, corrected it, by clicking on "Buy now".
3.5. From this moment, the order is registered, and an order number and an order confirmation on screen and/or by email are communicated to you.
3.6. The sales contract is concluded when you send your order by clicking on the "Buy now" button.
3.7. FENIX will send you an invoice upon delivery.
3.8. If, for any reason, we are unable to honor your order, we will inform you as soon as possible. If payment for an order has already been processed and accepted, the corresponding amount will be refunded in full using the payment method you had chosen.
4. Payment Methods
You can choose the payment method that suits you. You have several payment methods available. Please read the section
payment terms
5. Delivery
5.1. We strive to offer the shortest possible delivery times.
5.2. Delivery costs and times are indicated before confirming your order. Delivery is only made after confirmation of payment for the order.
5.3. Orders sent on weekends or public holidays will be processed the following business day. We strive to deliver your products within the estimated timeframes. However, delays may occur. Of course, you have the option to cancel your order in the event of a delay in delivery.
5.4. Shortly after placing your order, you will receive a confirmation email containing the details of your order. You can check the status of your order at any time by logging into your account or visiting our Order Status page.
5.5. Please read the section
delivery
for more details and to learn about the available delivery methods and delivery times.
5.6. You are required to check the condition of the delivered products. Any reservations or complaints regarding the delivered products must be addressed to FENIX customer service: Brogatan 141, 894 35 Själevad, Sweden or by email to info@hotgotallhelp.com. You will take particular care to check the proper functioning of the delivered product, in particular by carefully reading the instructions for use provided.
5.7. In the event of apparent defects, you have the right to return the product under the conditions provided
here
. In the absence of delivery within the specified time, you may cancel the order by first instructing FENIX, by registered letter with acknowledgment of receipt or by other writing on a durable medium, to make the delivery within a reasonable additional time. Only if FENIX has not complied within this new time limit may you, in the same manner, inform FENIX that you are canceling the order. The order will therefore be canceled upon receipt of the registered letter or the written document informing FENIX of this cancellation, unless FENIX has complied between the sending of the letter and its receipt. When you have canceled the order due to a delay in the delivery of the Products, FENIX must reimburse you for all sums paid, at the latest within fourteen (14) days following the date of cancellation of the order.
5.8. The transfer of ownership of FENIX products will only take place after full payment of the price by the customer, regardless of the delivery date of said products.
5.9. Transport is carried out at FENIX's risk. It is reminded that the risks of loss or damage to the products as well as any damage that may be caused to the products will be transferred to you at the time of taking physical possession of the products by yourself or by a third party designated by you.
6. Right of withdrawal
6.1. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the last good. To exercise the right of withdrawal, you must notify us Fenix Outdoor E-com AB, Brogatan 141, 894 35 Själevad, Sweden, info@hotgotallhelp.com, +46-(0)-8-54-51-86-88, of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form, but it is not obligatory. You can find further information on exercising the right of withdrawal here. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.2. If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided evidence of having sent back the goods, whichever is the earliest.
6.3. You must return or hand over the goods to us or to Fenix Outdoor E-com AB, Koningsbeltweg 12, 1329 AG Almere, the Netherlands, without undue delay and in any event not later than fourteen days after you have communicated your decision to cancel this contract to us. This deadline is deemed to have been met if you return the goods before the expiry of the period of fourteen days. You will have to bear the direct costs of returning the goods, EUR 6.50.
6.4. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7. Right of return
7.1. Without prejudice to the statutory right of withdrawal, you can return your goods up to 30 days after receiving your package, without giving any particular reason, provided that the products are returned in their original packaging or with the same level of protection, and in perfect condition.
7.2. To exercise this right, please go to
here
.
7.3. We will refund any item in perfect condition within a maximum of 30 days after the date of receipt of the returned items.
8. Product Presentation and Information
8.1. Although we try to be very careful with product descriptions, product images and their colours, there may be some errors. We cannot guarantee that the colour of the garments will perfectly match the one you see on the screen. This depends on the type of computer you have, its settings and the browser you use.
8.2. If a product does not have the characteristics described or the photo is not representative, you can of course return it in accordance with our return policy described
here
, and this at no additional cost. Please note that we cannot make any reduction or commercial gesture other than the application of this legal guarantee.
9. Warranty
9.1. FENIX guarantees the conformity of the products sold on its Website. You may make a request under the legal guarantee of conformity, in accordance with the provisions of Articles L. 217-3 et seq. of the Consumer Code, or under the guarantee of hidden defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code.
The customer is informed of the following legal provisions relating to the legal guarantee of conformity:
- he has a period of (2) two years from delivery of the goods to act;
- he can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code;
- he is exempt from providing proof of the existence of the lack of conformity of the goods during the (24) twenty-four months following delivery of the goods, except for second-hand goods.
For products ordered from 01/01/2022 :
- Any product repaired under the legal guarantee of conformity benefits from a 6-month extension;
- if the consumer chooses the repair but this is not carried out by the seller, compliance by replacing the goods starts, for the benefit of the consumer, a new period of legal guarantee of conformity attached to the replaced goods;
- any period of immobilization of the property during the warranty period suspends the warranty which remained to run until delivery of the property restored to conformity.
Furthermore, it is recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Finally, the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
9.2. You are specifically informed of the existence of the legal provisions reproduced below:
Article L. 217-3 of the Consumer Code:
“ The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5.
It is liable for defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of this delivery.
In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is supplied under the contract.
For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.
The seller is also liable, during the same time limits, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity .
Article L. 217-5 of the Consumer Code:
“ I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:
1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately able to know them;
2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or
3° That the public statements could not have had any influence on the purchasing decision.
III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract .
Article L 217-8 of the Consumer Code:
“In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or termination of the contract, under the conditions set out in this subsection.
The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent on him under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages .
Article L 217-13 of the Consumer Code:
“Any item repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee.
As soon as the consumer chooses the repair but this is not implemented by the seller, the compliance by the replacement of the good starts, for the benefit of the consumer, a new period of legal guarantee of conformity attached to the replaced good. This provision applies from the day on which the replacement good is delivered to the consumer .
Article L.217-28 of the Consumer Code:
" When the consumer requests from the guarantor, during the course of the legal guarantee or the commercial guarantee granted to him upon the acquisition or repair of a good, a repair covered by this guarantee, any period of immobilization suspends the guarantee which remained to run until delivery of the repaired good.
This period runs from the consumer's request for intervention or from the provision for repair or replacement of the goods in question, if this starting point proves more favorable to the consumer.
The warranty period is also suspended when the consumer and the guarantor enter into negotiations with a view to an amicable settlement .
Article 1641 of the Civil Code:
" The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them ."
Article 1648, paragraph 1:
“ The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect .”
In order to assert your rights in the event of non-conformity or hidden defects in the products, you must contact FENIX customer service, using the form available
here
or by phone
0046 (0) 660 490890
.
10. Damage during transport
If the product has been damaged during transport, please report any visible damage to the carrier who delivered the package to you and contact FENIX customer service using the form available
here
or by phone
0046 (0) 660 490890
.
11. Liability
11.1. Nothing in these Terms and Conditions shall exclude or limit our liability for fraudulent misrepresentation or for personal injury/death caused by our negligence.
11.2. Notes:
We cannot guarantee the availability of the content and services on the Website. The content and services on the Website are presented “as is” and “as available”.
We cannot guarantee that the Website will be fully functional and available at all times. Furthermore, we cannot guarantee that the information published on the Website will be free from errors and omissions (although we undertake to use all reasonable efforts to correct errors and omissions as soon as possible after they are reported to us).
11.3. Nothing in these T&Cs is intended to affect your statutory rights.
12. Force Majeure
We cannot be held responsible for delays or failures to perform our obligations described in these T&Cs if the delay or failure results from circumstances beyond our reasonable control. These circumstances include, but are not limited to, infrastructure failure, government intervention, war, civil commotion, hijacking, fire, flood, storm, strike action, lockouts or terrorist attacks affecting our company or our suppliers.
13. Privacy Policy – Personal Data
We have established a privacy policy governing the processing and protection, by FENIX, of your personal data.
Please read our privacy policy
.
14. Assignment
FENIX reserves the right to assign any payment request due and resulting from the delivery of the products to third parties.
15. Intellectual Property Rights
The design of this Website and all text, graphics, information and other content presented or downloadable from this Website are protected by copyright, trademarks and other laws and may not be used except as specifically stated in these Terms and Conditions or with express prior written authorization.
16. Nullity of a clause
If any of the provisions of the T&Cs were deemed null and void by a court decision, the other provisions would remain applicable without being affected by this decision.
17. Applicable law – disputes – Mediation
17.1. These General Terms and Conditions and, more generally, those concluded with FENIX on its Website are subject to French law.
17.2. In the event of a dispute or complaint, you will first contact FENIX to obtain an amicable solution.
17.3. Any dispute arising from these T&Cs will be subject to the non-exclusive jurisdiction of the French courts.