THE FRANKIE SHOP PARIS
These terms and conditions apply to the relation,
including any contract entered into, between THE FRANKIE SHOP PARIS and any authorized
seller for the supply of goods by THE FRANKIE SHOP PARIS as further detailed
below. Each party act on behalf of itself and their affiliates, an affiliate of
a person or legal entity being defined as any other person or legal entity that
directly or indirectly, through one or more intermediaries, controls, is
controlled by, or is under common control with, such person or legal entity (“Affiliates”)
1. BASIS OF CONTRACT
1.1. THE FRANKIE SHOP PARIS SAS, a company registered in France company no. 827639915 with registered office at 14 rue St Claude 75003 PARIS, on behalf of itself and its Affiliates (“THE FRANKIE SHOP PARIS”), designs, manufactures and distributes the highest quality womenswear, menswear, footwear and/or accessories using THE FRANKIE SHOP trade name and registered trademarks (the “Goods”) which are appreciated worldwide.
1.2. THE FRANKIE SHOP PARIS is determined to ensure that end consumers receive high quality products and professional high-end service from which to purchase the Goods. Further THE FRANKIE SHOP PARIS wishes to ensure that the reputation of the products and THE FRANKIE SHOP brand is reflected in how the Goods are priced, displayed and presented for sale.
1.3. In addition to selling the Goods through THE FRANKIE SHOP PARIS’s own retail stores and its website, the Goods are sold through a network of exclusive retailers (individually an “Authorized Seller” and collectively the “Authorized Sellers”) selected on the basis that they meet THE FRANKIE SHOP PARIS Selection Criteria (the “Selection Criteria”), a copy of which is annexed to these terms and conditions (the “Conditions”) or which has been provided to each Authorized Seller.
1.4. These Conditions together with the Selection Criteria apply to any relation, and in particular any contract (“Contract”), between THE FRANKIE SHOP PARIS and an Authorized Seller for the purchase of Goods from THE FRANKIE SHOP PARIS. These Conditions prevail over any other terms that the Authorized Seller may claim, and/or seek to impose or incorporate, in particular its general terms and conditions of purchase, or which are implied by trade, custom, practice or course of dealing.
1.5. By placing an order for Goods, the Authorized Seller accepts the Conditions and:
1.5.1. represents and warrants that it satisfies the Selection Criteria; and
1.5.2. undertakes that it will comply at all times with the Selection Criteria as they may be amended from time to time.
1.6. The Authorized Seller’s right to sell the Goods may be terminated by either party giving the other not less than ninety (90) days written notice such notice to be given in accordance with the provisions of clause 21.
1.7. Notwithstanding clause 1.6 above and the provisions for termination set forth in clause 18 below, THE FRANKIE SHOP PARIS may terminate the Authorized Seller’s right to distribute and sell the Goods immediately on written notice to the Authorized Seller if the Authorized Seller defaults under the Conditions or any Contract, including but not limited to failure to comply with THE FRANKIE SHOP PARIS Selection Criteria and THE FRANKIE SHOP PARIS shall not be required to give a notice requesting that such default be remedied before terminating such Contract.
1.8. Upon termination of the Authorized Seller’s right to distribute the Goods for any reason, the Authorized Seller shall immediately cease selling the Goods and using THE FRANKIE SHOP PARIS brand, name, point of sale or other advertising materials in its possession and shall return any Goods or point of sale and other advertising materials to THE FRANKIE SHOP PARIS immediately on request or dispose of them as required by THE FRANKIE SHOP PARIS.
1.9. On termination of the Authorized Seller’s right to distribute Goods for any reason, the Authorized Seller shall not be entitled to compensation of any kind from THE FRANKIE SHOP PARIS.
2. ORDERS AND CANCELLATION
2.1. Each order from the Authorized Seller constitutes an offer by the Authorized Seller to purchase the Goods in accordance with these Conditions. The Authorized Seller is responsible for ensuring that the terms of the order are complete and accurate.
2.2. The Authorized Seller’s order will only be accepted when THE FRANKIE SHOP PARIS issues a written acceptance of the order. Any such order acceptance will be issued within 20 business days of the date on which the order is placed.
2.3. All orders must be submitted prior to any order deadline notified by THE FRANKIE SHOP PARIS for the relevant season and must be signed by the Authorized Seller or confirmed by email.
2.4. Any samples, drawings, descriptive matter, or advertising produced by THE FRANKIE SHOP PARIS are produced for the sole purpose of giving an approximate idea of the Goods and shall not form part of any contract or have any contractual force.
2.5. The Authorized Seller shall provide THE FRANKIE SHOP PARIS with any purchase order number that it requires to be specified on any invoice or delivery note as soon as practicable after notice of acceptance and in any event no later than 10 business days prior to the date the Goods are to be made available for delivery.
2.6. The Authorized Seller may request changes to, or the cancellation of, accepted orders by submitting a request in writing no later than two (2) business days after the written acceptance is given by THE FRANKIE SHOP PARIS (the “Cancellation Period”). Where no cancellation request is received during the Cancellation Period, the Contract will be final and binding on the Authorized Seller and the order will be committed for production. Any changes to or cancellation of confirmed orders after this period shall be at THE FRANKIE SHOP PARIS’s absolute discretion.
2.7. Notwithstanding the foregoing, THE FRANKIE SHOP PARIS shall have the right to accept or reject any order, in whole or in part, and specifically reserves the right at all times to cancel any confirmed order at any time, if:
2.7.1. The Authorized Seller’s credit rating is inadequate, is downgraded for any reason (as reasonably determined by THE FRANKIE SHOP PARIS), or the Authorized Seller is insolvent or otherwise not paying its debts as they come due, and the Authorized Seller fails to provide THE FRANKIE SHOP PARIS with reasonable financial security for any outstanding liability upon request, or the Authorized Seller fails to take delivery of or make payment for any order in accordance with the agreed delivery or payment terms; or
2.7.2. if the Authorized Seller defaults under any of the Conditions or THE FRANKIE SHOP PARIS Selection Criteria, which is not remediable, or the Authorized Seller fails to remedy a default which is remediable within 14 days of written request.
2.8. If notice of cancellation is given by the Authorized Seller after the expiry of the Cancellation Period and THE FRANKIE SHOP PARIS agrees to accept the cancellation:
2.8.1. the Authorized Seller shall pay THE FRANKIE SHOP PARIS a cancellation charge equal to:
(a) 30% of the value of the order if notice of cancellation is received between one (1) and ten (10) business days after the expiry of the Cancellation Period; or
(b) 50% of the value of the order if notice of cancellation is received between eleven (11) and forty-five (45) business days after the expiry of the Cancellation Period; or
(c) 100% of the value of the order if notice of cancellation is received more than forty-five (45) business days after the expiry of the Cancellation Period.
2.8.2. The Authorized Seller acknowledges that the foregoing cancellation charges are payable by way of liquidated damages and are a reasonable pre-estimate of the loss and damage THE FRANKIE SHOP PARIS would suffer as a result of the total or partial cancellation of any accepted order for Goods.
2.9. THE FRANKIE SHOP PARIS shall not be under any obligation to continue the manufacture of all or any of the Goods and shall be entitled to make such alterations to the specifications of any Goods as it may think fit. THE FRANKIE SHOP PARIS shall not incur any liability to the Authorized Seller for discontinuance or alterations.
3. PRICES
3.1. The price of the Goods shall be the price set out in THE FRANKIE SHOP PARIS’s price list in force as at the date of the Authorized Seller’s order. THE FRANKIE SHOP PARIS will send the price list of the offered Goods to the Authorized Sellers upon request. All prices are quoted exclusive of VAT or other sales tax and duties. The Authorized Seller shall provide THE FRANKIE SHOP PARIS with its Economic Operator Registration and Identification number (EORI) if applicable.
3.2. THE FRANKIE SHOP PARIS may at any time before delivery increase the price of the Goods by notice to the Authorized Seller to reflect any increase in the cost of the Goods that is due to any factor beyond THE FRANKIE SHOP PARIS’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labor, materials and other manufacturing costs).
3.3. In the event of a price increase in accordance with clause 3.2 above, the Authorized Seller may, within five (5) days of receipt of such notice, cancel the order or the part of thereof relating to the Goods specified in said notice, but if delivery of the said Goods is to be made by instalments the Authorized Seller shall be entitled to cancel only the undelivered portion of the order relating thereto. No other remedy shall be available to the Authorized Seller in respect to such variation of price. If the Authorized Seller does not exercise its right of cancellation, the increased price shall apply to the Goods specified in the said notice except as regards those Goods delivered before the date on which the increase becomes effective.
4. TERMS OF PAYMENT
4.1. The Authorized Seller shall pay 30% of the price when placing the order and the remaining 70% when the Goods are made available for delivery. However, these payment terms may be adapted by THE FRANKIE SHOP PARIS, on a client-by-client basis, in its sole discretion, according to factors including the Authorized Seller’s prevailing credit rating and payment history and are stated on order forms and order confirmations. The Authorized Seller will provide THE FRANKIE SHOP PARIS upon request with such financial information as THE FRANKIE SHOP PARIS may reasonably require to enable it to assess the Authorized Seller’s credit worthiness and to set appropriate credit limits. THE FRANKIE SHOP PARIS reserves the right to change payment terms of orders in its sole discretion.
4.2. The Authorized Seller shall pay the total amount of each invoice in the same currency by electronic bank transfer with same day value to THE FRANKIE SHOP PARIS’s bank account details as stated on the relevant invoice and all bank charges shall be borne by the Authorized Seller.
4.3. The Authorized Seller shall pay all amounts due under each invoice in full without any set-off, counterclaim, deduction or withholding (except as required by law). THE FRANKIE SHOP PARIS may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Authorized Seller against any amount payable by THE FRANKIE SHOP PARIS to the Authorized Seller.
5. DELAY AND FAILURE TO PAY
5.1. Time of payment of each invoice shall be of the essence and the Authorized Seller’s failure to pay any invoice on the due day shall be a default of the Contract and THE FRANKIE SHOP PARIS shall not be required to give the Authorized Seller any prior notice of default.
5.2. If the Authorized Seller fails to timely pay in full for any Goods as provided for in clause 4, THE FRANKIE SHOP PARIS shall be entitled, in addition to any other right or remedy it may have, to:
5.2.1. cancel or suspend any further delivery to the Authorized Seller under any order;
5.2.2. charge interest equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points;
5.2.3. dispose of the Goods ordered and apply the deposit towards any liability the Authorized Seller may have as a result of such default; and
5.2.4. recover the fixed indemnity for recovery costs, and any costs incurred in seeking to collect any sums due to it, including legal fees and expenses and collection agency fees and expenses, if THE FRANKIE SHOP PARIS proves that these costs exceed the fixed indemnity.
5.3. In relation to payments disputed in good faith, the Authorized Seller shall pay the undisputed part of any disputed invoice on the due date. Interest under this clause is payable only after the dispute is resolved on sums found or agreed due, from the due date until payment.
6. RESERVATION OF TITLE
6.1. The risk in the Goods shall pass to the Authorized Seller on completion of delivery in accordance with the agreed delivery terms including the Incoterms specified in the applicable acceptance of order.
6.2. The Authorized Seller warrants and represents each time it agrees to buy any Goods from, or enters into a contract with THE FRANKIE SHOP PARIS that:
6.2.1. it is solvent;
6.2.2. it is paying its creditors as their debts come due;
6.2.3. the value of its assets exceeds the amount of its debts at fair valuation;
6.2.4. a bankruptcy petition has not been filed by or against it and it has no intention of filing one;
6.2.5. it is not in default under any of its credit facilities;
6.2.6. its officers know of no reason why it may not be able to timely pay for Goods purchased from THE FRANKIE SHOP PARIS; and
6.2.7. the conditions of sale herein and in each purchase order and invoice, and Authorized Seller’s payment for Goods are and will be consistent with Authorized Seller’s ordinary course of business.
6.3. All sales are concluded with reservation of title in favor of THE FRANKIE SHOP PARIS. The transfer of ownership to the Authorized Seller is subject to the full payment of the price on the agreed due date. In the event of total or partial non-payment of the price and its accessories on the agreed due date for any reason whatsoever and as long as the Goods are not shipped to end users, THE FRANKIE SHOP PARIS may repossess the Goods of which it has retained ownership and may, at its sole discretion, terminate the Contract by simple registered letter to the Authorized Seller. Unpaid Goods shall be returned at the Authorized Seller’s risks and expenses.
6.4. In addition, in the event of total or partial non-payment of the price and its accessories on the agreed due date for any reason whatsoever, THE FRANKIE SHOP PARIS is hereby authorized by the Authorized Seller to proceed with an inventory of all the Goods belonging to it, either jointly or with the assistance of a bailiff.
6.5. Until title to the Goods has passed to the Authorized Seller, the Authorized Seller shall, or shall cause its applicable warehousing of fulfilment services providers (collectively the “Logistic Partners”) to, store or display the Goods separately from all other goods held by the Authorized Seller or its Logistics Partners so that they remain readily identifiable as THE FRANKIE SHOP PARIS’s property and shall not, or shall cause its Logistics Partners not to remove, deface or obscure any identifying mark or packaging on or relating to the Goods.
6.6. In the event that a third party should attempt to seize, levy or sell any Goods for which title is still held by THE FRANKIE SHOP PARIS, the Authorized Seller shall lawfully oppose such seizure, sale or levy and immediately notify THE FRANKIE SHOP PARIS thereof so that THE FRANKIE SHOP PARIS is able to object to the seizure and preserve its rights to the Goods.
6.7. The Authorized Seller shall, and shall cause its Logistics Partners to, assume the risks of the Goods from the date of delivery. The Authorized Seller undertakes to subscribe, for the benefit of THE FRANKIE SHOP PARIS, an insurance policy covering the risks of civil liability as well as loss, theft, deterioration or destruction of the Goods due to an unforeseen event, and to pay the corresponding premiums until the price has been paid in full. If any damage occurs, the Authorized Seller shall immediately inform THE FRANKIE SHOP PARIS and the insurance indemnity will be automatically acquired by THE FRANKIE SHOP PARIS and will be deducted from the part of the price still due. The Authorized Seller will provide THE FRANKIE SHOP PARIS with a copy of the insurance certificates on request.
7. SHIPMENT-DELIVERY-TRANSPORT
7.1. Delivery terms and the applicable Incoterms are agreed on a client-by-client basis and are stated on order forms and order confirmations.
7.2. Delivery shall be deemed to have occurred when the Goods are collected by the freight forwarder/carrier from THE FRANKIE SHOP PARIS’s nominated warehouse, in the case of orders accepted on an ex works (“EXW”) basis, or where the carrier selected by THE FRANKIE SHOP PARIS delivers the Goods to the Authorized Seller’s nominated address for delivery in the case of transactions on a DDP or DAP basis.
7.3. For all Goods shipped EXW Incoterms from THE FRANKIE SHOP PARIS’s designated warehouse facility, the Authorized Seller shall be responsible for arranging and paying all costs of collection, transport, storage, bills of lading, consular invoices, importer-brokerage and insurance from such warehouse facility.
THE FRANKIE SHOP PARIS shall notify the Authorized Seller when the Goods are available for collection and the Authorized Seller shall arrange to collect the Goods within ten (10) business days thereafter. If the Goods are not collected then, unless otherwise agreed:
7.3.1. THE FRANKIE SHOP PARIS may store and insure the Goods pending delivery, and the Authorized Seller shall pay all reasonable storage and insurance charges, costs and expenses incurred by THE FRANKIE SHOP PARIS in doing so; and
7.3.2. THE FRANKIE SHOP PARIS reserves the right to cancel the order in accordance with the provisions of clause 2.7.
7.4. THE FRANKIE SHOP PARIS shall have no liability for any failure or delay in supplying Goods or other items ordered by the Authorized Seller which is due in whole or in part to acts or omissions of third-parties or otherwise beyond THE FRANKIE SHOP PARIS’s control.
8. DELAY IN DELIVERY
8.1. THE FRANKIE SHOP PARIS shall use reasonable endeavors to deliver the Goods to the freight forwarder/carrier or make the Goods available for collection from THE FRANKIE SHOP PARIS’s nominated warehouse, as the case may be, in accordance with the timetable for delivery agreed with the Authorized Seller from time to time but time of delivery shall not be of the essence. If THE FRANKIE SHOP PARIS is unable to meet a delivery date for any reason, THE FRANKIE SHOP PARIS shall inform the Authorized Seller of the new proposed delivery date and will use reasonable endeavors to ensure that such Goods are delivered to the Authorized Seller on the new delivery date.
8.2. THE FRANKIE SHOP PARIS reserves the right to deliver and/or invoice Goods by installments and each delivery will constitute a separate contract. Any failure of, or defect in, any one delivery will not affect the Contract or any other contract between the parties in respect of that or any other delivery.
8.3. No damages or penalties shall be owed in the event of late delivery or partial delivery, and such delays cannot be used as grounds for cancelling, modifying or terminating the order.
9. FORCE MAJEURE
9.1. THE FRANKIE SHOP PARIS shall not be liable for any failure to observe or perform any of the Conditions if such failure arises from any cause reasonably beyond its control including, without limitation, natural disaster, epidemic or pandemic, war, riots, civil commotion, strikes, lock outs, trade disputes fires, breakdowns interruptions of transport, governmental action, or delay in delivery by THE FRANKIE SHOP PARIS’s suppliers. THE FRANKIE SHOP PARIS shall give the Authorized Seller written notice of such event or circumstances as soon as reasonably practicable and if the period of delay or non-performance continues for four (4) weeks THE FRANKIE SHOP PARIS may terminate the unperformed part of any Contract by notice in writing delivered to the Authorized Seller.
9.2. If the manufacture or delivery of the full amount of the Goods is delayed, prevented or hindered by reason of any circumstances specified in clause 9.1 then, without prejudice to the foregoing provisions, THE FRANKIE SHOP PARIS shall be entitled either to deliver a smaller quantity of the Goods than that specified in the relevant order or invoice which quantity shall constitute delivery in full or may withhold delivery until such time as the full quantity of the Goods can be and is delivered hereunder.
9.3. In the event that THE FRANKIE SHOP PARIS is unable to fulfil part or all of the order, in particular where a supplier does not deliver materials, THE FRANKIE SHOP PARIS shall be entitled to cancel the order and THE FRANKIE SHOP PARIS will not be liable for any damages to the Authorized Seller or any other person for THE FRANKIE SHOP PARIS’s failure to fulfil any orders or any delay in shipping Goods.
10. CLAIMS & RETURNS
10.1. It is the Authorized Seller’s responsibility to check the contents of each shipment of Goods upon receipt of each order.
10.2. Any discrepancy in the order must be reported within five (5) business days after receipt of the Goods. In no event may the Authorized Seller suspend, offset or delay any payment for any Goods delivered, whether or not conforming to the applicable order.
10.3. In the case of Goods sold on a DDP or DAP basis, claims for manufacturing defects or non-conformity must be made in writing within fifteen (15) business days following the Authorized Seller’s receipt of the Goods, or within ten (10) business days from the date on which a defect was reasonably discoverable in the event of a latent defect, but may not, in any event, be made after thirty (30) calendar days from the date of receipt of the Goods. The Authorized Seller must supply proof of the manufacturing defects claimed and must allow THE FRANKIE SHOP PARIS to verify such manufacturing defects or non-conformity.
10.4. In the case of Goods sold on an EXW basis, all claims regarding Goods that are lost or damaged in transit should be addressed to the relevant freight forwarder/carrier and THE FRANKIE SHOP PARIS shall have no liability to the Authorized Seller for any Goods that are lost or damaged in transit.
10.5. If the Authorized Seller fails to give any notice within the prescribed period, the Authorized Seller shall be deemed to have accepted the Goods in question and THE FRANKIE SHOP PARIS shall have no liability to the Authorized Seller with respect to that shipment.
10.6. Goods are not offered on a sale or return basis, unless otherwise specified in the relevant order acceptance.
10.7. All returns will be subject to compliance with THE FRANKIE SHOP PARIS’s Returns Policy, the terms of which will be provided to the Authorized Seller. THE FRANKIE SHOP PARIS will endeavor to process any return requests within ten (10) business days from the date of request.
10.8. The Authorized Seller shall in no event be entitled to return the Goods without first having been authorized in writing by THE FRANKIE SHOP PARIS. If THE FRANKIE SHOP PARIS agrees to accept the return of defective Goods or Goods that do not conform with the applicable order, the returned Goods shall be replaced or, if that is not possible, THE FRANKIE SHOP PARIS will issue a credit for the relevant Goods and reimburse the return carriage costs. THE FRANKIE SHOP PARIS shall be under no obligation to accept the return of any Goods delivered in conformity with the applicable order and the Authorized Seller shall pay return carriage costs for all conforming Goods which THE FRANKIE SHOP PARIS permits the Authorized Seller to exchange or return for replacement or credit.
11. LOCATION AND SALES CHANNELS
11.1. Goods supplied by THE FRANKIE SHOP PARIS to the Authorized Seller may be only offered by the Authorized Seller for retail sale to end consumers and from the authorized retail stores and authorized websites that comply with the Selection Criteria and have been agreed by THE FRANKIE SHOP PARIS and specified on the relevant order. Any changes to this must be agreed between the Authorized Seller and THE FRANKIE SHOP PARIS in writing in order to ensure compliance with the Selection Criteria.
12. INTELLECTUAL PROPERTY
12.1. All patents, trade secrets, trademarks, trade dress, design rights (whether registerable or otherwise), applications for any of the foregoing, photograph, sketches, cloth or paper patterns or other copyright materials, packaging, names, symbols, slogans, designs, styles and style names, moral rights, the right to sue for passing off and other similar rights or obligations in respect of the Goods (“Intellectual Property Rights”) shall belong to THE FRANKIE SHOP PARIS.
12.2. The Authorized Seller shall promptly and fully notify THE FRANKIE SHOP PARIS of any actual, threatened or suspected infringement of the Intellectual Property Rights of which the Authorized Seller becomes aware, and the Authorized Seller shall, at the request and expense of THE FRANKIE SHOP PARIS, do all such things as may be reasonably required to assist THE FRANKIE SHOP PARIS in taking or resisting any proceedings in relation to any such infringement or claim.
12.3. The Authorized Seller acknowledges that THE FRANKIE SHOP PARIS is the exclusive owner of all rights, title and interest in and to the Intellectual Property Rights and the Authorized Seller shall not, directly or indirectly through any other party use the name THE FRANKIE SHOP PARIS (or any part thereof) as all or part of its company, business or trading name, on its name cards or other corporate documents or as a name for any premises, web site, domain name, and shall not adopt, use, take any action or apply for, or otherwise attempt, to register the name THE FRANKIE SHOP PARIS (or any part thereof) as a trademark, logo, title, business or trade name, domain name without THE FRANKIE SHOP PARIS’s prior written consent. The reproduction, representation and adaptation of THE FRANKIE SHOP PARIS trademarks and models in any and all forms are strictly forbidden.
12.4. Within the framework of the sale of THE FRANKIE SHOP PARIS products by the Authorized Seller, THE FRANKIE SHOP PARIS grants the Authorized Seller a restricted authorization to use its name, trademarks and THE FRANKIE SHOP PARIS graphics for the Goods offered for sale by the Authorized Seller, for the sole purpose of facilitating and promoting the marketing of the said Goods to end consumers. Any other use, including selling and/or sending the Goods to any one other third party than end consumers, is strictly forbidden unless previously approved in writing by THE FRANKIE SHOP PARIS.
12.5. The Authorized Seller shall not make any modifications to the Goods or any packaging bearing THE FRANKIE SHOP PARIS trademarks or trade names or alter, remove or tamper with any trade marks, numbers, or other means of identification used on or in relation to the Goods in any other way which might prejudice their distinctiveness or validity or the goodwill of THE FRANKIE SHOP PARIS without obtaining the prior written consent of THE FRANKIE SHOP PARIS.
13. ADVERTISING AND USE OF NAME
13.1. All displays and information relating to the Goods at the authorized retail stores and on the authorized websites must use exclusively advertising and point of sale materials provided for by THE FRANKIE SHOP PARIS or which have been approved in writing by THE FRANKIE SHOP PARIS and which must be used in accordance with any guidelines provided by THE FRANKIE SHOP PARIS from time to time. The use of THE FRANKIE SHOP PARIS and/or THE FRANKIE SHOP PARIS names or trademarks by the Authorized Seller for any other purpose is strictly prohibited.
13.2. The Authorized Seller shall not carry out any advertising, marketing, promotion involving THE FRANKIE SHOP PARIS trade name or trademarks and/or the Goods by any means or through any medium including media advertising and catalogue insertions, point of sale advertising, published documentation in the press, or through social media platforms, without the prior written agreement of THE FRANKIE SHOP PARIS.
14. LIMITATION OF LIABILITY
14.1. Nothing in these Conditions shall limit or exclude THE FRANKIE SHOP PARIS‘s liability for death or personal injury caused by its gross negligence or willful misconduct, or the gross negligence or willful misconduct of its employees, agents or subcontractors, fraud or fraudulent misrepresentation or any matter in respect of which it would be unlawful to exclude or restrict liability.
14.2. Subject to clause 14.1, to the fullest extent permitted by applicable law, regardless of the form of the action or theory of recovery, in no event will THE FRANKIE SHOP PARIS be liable for any incidental, special, punitive, consequential, indirect, or exemplary damages of any kind (including, without limitation, loss of income, loss of profits, or other pecuniary loss), even if it has been advised of the possibility of such damages. In any and all events THE FRANKIE SHOP PARIS’s total liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the damage that is foreseeable ant typical for a Contract.
14.3. THE FRANKIE SHOP PARIS shall have no responsibility whatsoever for any damage liability, cost claim or expense suffered by the Authorized Seller or any third party as a result of following any written recommendations in relation to the Goods (e.g. washing instructions) made by THE FRANKIE SHOP PARIS made in good faith and in the belief that they are correct.
14.4. Any Goods sold as sub-standard shall be accepted by the Authorized Seller in their actual state or condition. All express or implied warranties, whether in terms of quality or fitness for any purpose, of such Goods are hereby expressly excluded to the fullest extent permitted by law.
15. CONFIDENTIALITY
15.1. The Authorized Seller shall keep all non-public, confidential or proprietary information of THE FRANKIE SHOP PARIS and its Affiliates (the “Confidential Information”) confidential, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential", and shall protect and safeguard the confidentiality of the Confidential Information with at least the same degree of care as the Authorized Seller would protect its own confidential information, but in no event with less than a commercially reasonable degree of care, and the Authorized Seller shall only use the Confidential Information as required to perform its obligations under this Contract.
15.2. Confidential Information does not include any information that:
15.2.1. is or becomes generally available to the public other than as a result of the Authorized Seller’s breach of this clause;
15.2.2. is or becomes available to the Authorized Seller on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information;
15.2.3. was in the Authorized Seller’s possession prior to THE FRANKIE SHOPPARIS’s disclosure hereunder; or
15.2.4. was or is independently developed by the Authorized Seller without using any Confidential Information. If the Authorized Seller is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify THE FRANKIE SHOP PARIS of such requirements to afford THE FRANKIE SHOP PARIS the opportunity to seek, at its sole cost and expense, a protective order or other remedy.
15.3. This clause shall remain in force in perpetuity.
15.4. The Authorized Seller shall not make any public announcement or disclose any information regarding the Conditions, the Selection Criteria or any Contract, except to the extent required by law or regulatory authority.
16. WARRANTIES
16.1. Each party represents and warrants that it will perform all of its obligations in compliance with all applicable foreign, European Union and French laws, rules, statutes, enactments, orders, and regulations, including, without limitation, in compliance with all applicable law, statute, regulation, rule or other governing authority concerning data, privacy, consumer information, consumer protection or similar matters.
16.2. In particular, the parties acknowledge and agree that, if personal data is processed by THE FRANKIE SHOP PARIS in connection with a Contract, it is for sole purposes of the provision purchasing the Goods. All such processing shall be carried out only to the extent and duration necessary for those purposes. A copy of THE FRANKIE SHOP PARIS’s data and privacy policy is available on THE FRANKIE SHOP PARIS’s website or will be supplied to the Authorized Seller upon request.
16.3. The obligations and rights of THE FRANKIE SHOP PARIS as the applicable controller of the personal data processed in connection with any contract with the Authorized Seller are set out in the applicable data protection and privacy legislation in force from time to time in France and in the European Union, including the retained European Union law version of the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and other applicable European laws and regulations.
16.4. Any personal information provided by consumers shall be treated as confidential by the Authorized Seller and, more generally, handled in strict compliance with any applicable privacy regulations or legislation. In particular, if the Authorized Seller’s point of sale is based within the European Union, the Authorized Seller must comply with the applicable data protection and privacy legislation in force from time to time in the member state as well as with the GDPR and other applicable European laws and regulations.
16.5. Except for the representations and warranties expressly set forth herein, THE FRANKIE SHOP PARIS makes no warranties, and hereby disclaims all other warranties, whether implied or statutory, including, without limitation, warranties or merchantability, fitness for a particular purpose, quality, title, non-infringement or any representation or any representation or warranty arising from course of performance, course of dealing, usage or trade.
17. ASSIGNMENT
17.1. THE FRANKIE SHOP PARIS may, without the Authorized Seller’s consent, assign or transfer any contract entered into with the Authorized Seller or any part of it to any person or entity.
17.2. The Authorized Seller shall not, without THE FRANKIE SHOP PARIS’s prior written consent (which may in THE FRANKIE SHOP PARIS’s discretion be withheld), assign or transfer or purport to assign or transfer any contract entered into with THE FRANKIE SHOP PARIS or any part of it for the benefit thereof to any other person or entity (including, without limitation, to any of its Affiliates).
17.3. Any attempted transfer or assignment by the Authorized Seller in violation of this clause shall be void and of no effect and shall not be binding upon or enforceable against THE FRANKIE SHOP PARIS.
18. TERMINATION
18.1. Without limiting its other rights or remedies, THE FRANKIE SHOP PARIS may terminate the relation and any Contract with immediate effect by giving written notice to the Authorized Seller if:
18.1.1. the Authorized Seller defaults under the Conditions, the Selection Criteria or any of the Contract and (if such a default is remediable) fails to remedy that default within seven (7) days of being notified in writing to do so;
18.1.2. the Authorized Seller takes any step or action in connection with its entering administration, filing for bankruptcy relief, an assignment for the benefit of creditors, provisional liquidation or any composition or arrangement with its creditors, dissolving, being wound up (whether voluntarily or by order of the court), having a receiver appointed, ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
18.1.3. the Authorized Seller suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
18.1.4. the Authorized Seller’s financial position deteriorates to such an extent that in THE FRANKIE SHOP PARIS’s opinion the Authorized Seller’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
18.2. Without limiting its other rights or remedies, THE FRANKIE SHOP PARIS may suspend provision of the Goods under any Contract or any other contract between the Authorized Seller and THE FRANKIE SHOP PARIS, if the Authorized Seller becomes subject to any of the events listed in clause 18.1, or THE FRANKIE SHOP PARIS reasonably believes that the Authorized Seller is about to become subject to any of them, or if the Authorized Seller fails to pay any amount due under this Contract on the due date for payment.
18.3. Without limiting its other rights or remedies, THE FRANKIE SHOP PARIS may terminate the relation and any Contract with immediate effect by giving written notice to the Authorized Seller if the Authorized Seller fails to pay any amount due under the Contract on the due date for payment and remains in default not less than fourteen (14) days after being notified in writing to make such payment. On termination of the relation and any Contract for any reason, the Authorized Seller shall immediately pay to THE FRANKIE SHOP PARIS all of THE FRANKIE SHOP PARIS’s outstanding unpaid invoices and interest.
18.4. Termination of the relation and any Contract shall not affect any of the parties’ rights and remedies that have accrued as of termination, including the right to claim damages in respect to any default of the Conditions and any Contract that existed at or before the date of termination. Any provision of the Conditions or of any Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
19. INDEMNIFICATION
19.1. THE FRANKIE SHOP PARIS will defend, indemnify and hold harmless the Authorized Seller and its Affiliates, and their respective officers, directors, employees, agents, successor and assigns (the “Authorized Seller Indemnitees”) from and against any and all damages, liabilities, costs, and expenses (collectively, the “Losses”) resulting from any claim, judgment, or proceeding (collectively, the “Claims”) brought by a third party against an Authorized Seller Indemnitee to the extent it is alleged that the Goods supplied by THE FRANKIE SHOP PARIS are defective.
19.2. The Authorized Seller will defend, indemnify and hold harmless THE FRANKIE SHOP PARIS and its Affiliates, and their respective officers, directors, employees, agents, successor and assigns (“THE FRANKIE SHOP PARIS Indemnitees”) from and against any and all Losses and reasonable attorneys’ fees resulting from any Claim brought by a third party against a THE FRANKIE SHOP PARIS Indemnitee to the extent resulting from any violation of laws or material breach of the Conditions or any Contract by the Authorized Seller.
19.3. The indemnitor’s obligation to defend, indemnify and hold harmless the indemnified party is subject to the following duties:
19.3.1. the indemnified party shall provide prompt written notice of any event for which the indemnified party seeks to be indemnified (provided that a failure or delay in providing such notice will not relieve the indemnitor’s obligations except to the extent such party is prejudiced by such failure or delay);
19.3.2. the indemnitor shall have sole control over the defense and resolution of any such claims or actions for which indemnification is sought, provided that the indemnified party shall have the right to participate at its own expense with counsel of its own choosing;
19.3.3. the indemnified party shall cooperate in good faith with the defense of any such claim or action; and
19.3.4. neither party shall enter into any settlement or compromise of any such claim or action without the prior written approval of the other party, which approval shall not be unreasonably withheld or delayed.
20. GENERAL
20.1. Except as otherwise expressly stated herein, the rights and remedies of THE FRANKIE SHOP PARIS under the Conditions and any part of any Contract are cumulative and are provided in addition to all other rights and remedies available at law or in equity. If any provision or part-provision of the Conditions, the Selection Criteria or any Contract is held invalid or unenforceable by a court or competent jurisdiction, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Conditions, the Selection Criteria or the Contract.
20.2. Any typographical clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by THE FRANKIE SHOP PARIS shall be subject to correction without any liability on the part of THE FRANKIE SHOP PARIS.
20.3. Any waiver by THE FRANKIE SHOP PARIS or any default under any provision of the Conditions, the Selection Criteria or any Contract by the Authorized Seller shall not be deemed a waiver of any subsequent default and shall in no way affect the other terms of the Conditions, the Selection Criteria, or the Contract. Failure or delay by THE FRANKIE SHOP PARIS in enforcing or partially enforcing any provision of the Conditions, the Selection Criteria or any Contract shall not be construed as a waiver of any of its rights under the Conditions, the Selection Criteria or any Contract, and all default waivers by THE FRANKIE SHOP PARIS must be in writing to be enforceable.
20.4. The Conditions and any Contract do not create an employer-employee relationship, nor a partnership, joint venture or other agency relationship between the parties. The United Nations Convention on Contracts for the International Sale of Goods 1980 shall not apply to these Conditions and any Contract.
20.5. Any new terms or changes introduced by the Authorized Seller in any purchase order, order acknowledgment, invoice, click-wrap or click through agreement or other document are void and of no force or effect.
21. NOTICES
21.1. All notices, consents and other communications given pursuant to these Conditions, or any Contract, shall be in writing to the party for whom intended at the address set forth on the first page of these Conditions if to THE FRANKIE SHOP PARIS or at the address set forth on the order if to the Authorized Seller. Either party may, by written notice to the other sent as provided above, change the address (including specifying an e-mail address) for notices to be sent to it.
21.2. A notice or other communication shall be deemed delivered:
21.2.1. on the same day (or if not a business day during normal business hours, then the next business day) if delivered in person, by same-day courier or by e-mail;
21.2.2. on the next day if delivered by overnight mail or courier; or
21.2.3. on the date indicated on the return receipt, or if there is no such receipt, on the third business day, if delivered by certified or registered mail, postage prepaid.
21.3. The provisions of this clause 21 shall not apply to the service of any proceedings or other documents in any legal action.
22. GOVERNING LAW AND ATTRIBUTION OF JURISDICTION
22.1. The Conditions and any Contract, as well as any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of France.
22.2. Each party irrevocably agrees that the courts of France shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
ANNEX
THE FRANKIE SHOP PARIS SELECTION CRITERIA CONDITIONS FOR DISTRIBUTION
1. POINT OF SALE
1.1. THE FRANKIE SHOP PARIS distributes the Goods all over the world through a distribution network combining selective and exclusive distribution and direct distribution. For THE FRANKIE SHOP PARIS, the choice of its partners is therefore essential in order to guarantee, at the global level, the success of its products and services.
1.2. Thus, in addition to operating self-owned boutiques, THE FRANKIE SHOP PARIS grants authorization for the sale of its products to exclusive Authorized Sellers, and multi-brand resellers (including concessions), whose stores or point of sale must always correspond to THE FRANKIE SHOP PARIS brand qualitative criteria, which in the case of retail stores is as follows:
1.2.1. the display of Goods in an authorized retail store shall correspondence to the high-end and luxury image of the Goods and THE FRANKIE SHOP PARIS brand; and
1.2.2. all Goods shall be presented together and clearly separate from other goods sold by the Authorized Seller in a dedicated space.
1.3. The presentation shall comply with THE FRANKIE SHOP PARIS merchandising guidelines, regularly communicated in any form by THE FRANKIE SHOP PARIS.
1.4. The Authorized Seller shall carry a reasonable range of Goods from each season’s collection as specified by THE FRANKIE SHOP PARIS and agreed by the Authorized Seller from time to time.
1.5. The authorized retail store of the Authorized Seller, including the shop window, shall correspond to the high-end, luxury image of the Goods.
1.6. The point of sale must be geographically located in an environment that ensures respect for THE FRANKIE SHOP PARIS’s brand image.
1.7. The general appearance of the point of sale (architectural design, furniture, interior layout, shop window, visual presentation) must be of the highest quality.
1.8. The Authorized Seller shall not sell goods on its premises that are likely to devalue THE FRANKIE SHOP PARIS’s brand image by their proximity.
1.9. The positioning of the other brands sold in the point of sale must correspond to that of THE FRANKIE SHOP PARIS products distributed by the point of sale.
1.10. The sales staff of the Authorized Seller must correspond to the high-end, luxury image of the Goods including:
1.10.1. being appropriately dressed;
1.10.2. being friendly and polite and greeting end customers on entry to the store; and
1.10.3. being knowledgeable about THE FRANKIE SHOP PARIS brand.
1.11. The members of the selective distribution network authorized to sell THE FRANKIE SHOP PARIS products are subject to prior approval by THE FRANKIE SHOP PARIS, based on the above brand qualitative criteria which are necessary in respect of the brand reputation and image, the nature and quality of THE FRANKIE SHOP PARIS products, the rules which apply to the retailing of THE FRANKIE SHOP PARIS products, the standards regarding the quality reproduction of THE FRANKIE SHOP PARIS image and of the products, and the requirement to provide consumers with appropriate information and advice.
1.12. Any retailer which wishes to sell THE FRANKIE SHOP PARIS products must scrupulously fulfil these THE FRANKIE SHOP PARIS brand qualitative criteria, and maintaining the quality, reputation and standing of THE FRANKIE SHOP PARIS products and of THE FRANKIE SHOP PARIS must constitute a constant and primary concern for the Authorized Seller.
1.13. THE FRANKIE SHOP PARIS products can only be sold to retailers previously approved on the basis of the above qualitative criteria applied by THE FRANKIE SHOP PARIS. Any resale of THE FRANKIE SHOP PARIS products to non-authorized retailers is strictly forbidden.
1.14. The Goods shall be sold in the physical point of sale specified by the Authorized Seller at time of order. Any change in the place of the physical point of sale of the Authorized Seller shall be previously approved in writing by THE FRANKIE SHOP PARIS.
2. RESALE PRICES
2.1. The Authorized Seller is free to set its own retail prices.
2.2. The Authorized Seller is also encouraged to follow the recommended retail prices provided by THE FRANKIE SHOP PARIS in order to preserve the homogeneity of the network and the high-end and luxury image of the Goods and the FRANKIE SHOP PARIS brand.
2.3. The Authorized Seller shall not make any significant discount on the Products (as defined BY the FRANKIE SHOP PARIS), and before a certain period of time (defined by THE FRANKIE SHOP PARIS) after the launch of the Goods concerned, except with the written approval of THE FRANKIE SHOP PARIS.
2.4. Goods in the permanent collection, known as the Essential Collection, may not be the subject of discounts, unless authorized in writing by THE FRANKIE SHOP PARIS.
3. MARKETING METHODS
3.1. Considering the seasonal nature of the activity and the Goods, and except for certain Goods as identified by THE FRANKIE SHOP PARIS, only Goods from the current season may be presented by the Authorized Seller in the point of sale.
3.2. The Authorized Seller undertakes not to sell THE FRANKIE SHOP PARIS Goods under any form whatsoever to any community or collective body, to any merchant, whether domestic or foreign, wholesaler or retailer, any central purchasing department, office or group, any works council, except to other Authorized Sellers which are approved by THE FRANKIE SHOP PARIS and according to the terms set forth below.
3.3. Any resale of THE FRANKIE SHOP PARIS products to third parties, such as website or resellers that are not members of THE FRANKIE SHOP PARIS’s approved Authorized Sellers, is strictly prohibited, unless the prior written approval has been given by THE FRANKIE SHOP PARIS upon request by the Authorized Seller. Any default by the Authorized Seller of these commitments may give rise to the immediate cancellation by THE FRANKIE SHOP PARIS of any orders and/or the termination of the commercial relationship with the Authorized Seller.
3.4. The Authorized Seller is entitled to sell THE FRANKIE SHOP PARIS products on a website, provided that it meets all THE FRANKIE SHOP PARIS brand qualitative criteria as set forth by THE FRANKIE SHOP PARIS in relation to such sale. THE FRANKIE SHOP PARIS brand qualitative criteria correspond to those normally expected of a high-quality website which presents and markets luxury products in terms of website environment, technical properties and characteristics of the website, and quality of service of the website. All these qualitative criteria must be strictly complied with by the Authorized Seller before being able to sell THE FRANKIE SHOP PARIS products on its website. Those criteria are set forth in clause 4 below.
4. INTERNET SALES CRITERIA
4.1. If the Authorized Seller wishes to sell the Goods via the internet in addition to sale at an authorized retail store, the Authorized Seller is required to comply with the following provisions regarding the authorized website and the sale of the Goods via the website. THE FRANKIE SHOP PARIS is entitled to prohibit the sale of the Goods via the internet if the Authorized Seller does not comply with the requirements.
4.2. The display of the Goods on the authorized website shall correspond to the high-end premium luxury image of the Goods including:
4.2.1. all Goods shall be presented together and clearly separate from other goods sold by the Authorized Seller on the authorized website in a dedicated space;
4.2.2. the authorized website must list THE FRANKIE SHOP PARIS brand as a category and/or brand;
4.2.3. if the category/brand “THE FRANKIE SHOP PARIS” is selected or similar wording is typed into the search bar of the authorized website, only THE FRANKIE SHOP PARIS products, and no competitive goods, are displayed on the authorized website;
4.2.4. the presentation of the Goods on the authorized website shall comply with THE FRANKIE SHOP PARIS merchandising and e-tailer guidelines, regularly communicated in any form by THE FRANKIE SHOP PARIS.
4.3. The Authorized Seller shall display a reasonable range of Goods on the authorized website.
4.4. The Authorized Seller shall not display or sell any product, the brand name or presentation of which could lead to confusion with THE FRANKIE SHOP PARIS brand or any Good or any other THE FRANKIE SHOP PARIS goods.
4.5. The authorized website of the Authorized Seller, including the domain name and the design of the authorized website shall correspond to the high-end and premium image of the Goods including:
4.5.1. the authorized website shall comply with all applicable laws, including but not limited to applicable e-commerce laws and laws regarding display of prices and withdrawal and returns.
4.5.2. the Authorized Seller shall provide clearly, comprehensibly and unambiguously and prior to the order being placed on the authorized website by an end consumer, at least the following information:
(a) the different technical steps to follow to conclude the contract.
(b) the effective prices to be paid by the end consumer, with the shipping costs being clearly identified.
(c) the technical means for identifying and correcting input errors prior to the placing of the order.
(d) the languages offered for the conclusion of the contract.
4.6. The Authorized Seller shall accept and confirm orders of consumers by e-mail without undue delay.
4.7. The Authorized Seller shall provide secured transaction payment services on the authorized website.
4.8. The Authorized Seller shall ship the ordered Goods to the end consumer without undue delay after receipt of the order; the Authorized Seller shall confirm the dispatch of the ordered Goods to the end consumer by e-mail; and the Authorized Seller shall track and trace the shipment.
4.9. The Authorized Seller shall not post any advertisement banners on its authorized website that do not comply with the high value and reputation of THE FRANKIE SHOP PARIS brand.
4.10. The Authorized Seller must ensure that the end consumer can only purchase the Goods via direct access to the authorized website of the Authorized Seller. The sale of the Goods via websites of third parties, for example via (auction) platforms, is prohibited.
4.11. The Authorized Seller and its sales people shall have the necessary know-how and qualifications to sell the Goods and provide customer service regarding the Goods either by telephone, e-mail or chat.
4.12. The Authorized Seller shall not sell secondhand products, pre-owned products or used products on the authorized website.
4.13. Neither the placing of an order with THE FRANKIE SHOP PARIS nor the sale conditions grant the Authorized Seller any exclusivity with respect to the sale of THE FRANKIE SHOP PARIS Goods. THE FRANKIE SHOP PARIS may offer Goods and designs presented as “exclusive” to the Authorized Seller, without this conferring on the Authorized Seller a contractual and absolute exclusivity from which the Authorized Seller may derive rights. In particular, THE FRANKIE SHOP PARIS may, at its sole discretion, offer the same Goods and designs to another Authorized Seller.
4.14. Any default by the Authorized Seller of any of the obligations, conditions and prohibitions set forth in the present clause shall be construed as an act of gross misconduct entitling THE FRANKIE SHOP PARIS to terminate its relationship with the Authorized Seller immediately and to cancel any order, even after the Contract is finalized, without prejudice to any other rights and remedies.
RETURN POLICY
Dear Committed Partner,
This guide is designed to assist you when requesting authorization to return merchandise. Please note that this policy is subject, in all cases, to applicable law.
Instructions in this guide must be followed at all times. Failure to adhere to these instructions will result in your request being refused and no credits issued.
Should there be any questions in relation to the contents of this guide, please contact our Customer Service representative -
Email: wholesale@thefrankieshop.com
We thank you for your co-operation with this and If you have any further questions with the process or a specific return please don’t hesitate to contact your relevant Sales Executive or Customer Service for assistance.
Yours sincerely,
THE FRANKIE SHOP PARIS
CLAIMS FOR MANUFACTURING DEFECTS OR NON-CONFORMITY MUST BE SUBMITTED IN WRITING WITHIN FIFTEEN (15) BUSINESS DAYS AFTER RECEIPT OF MERCHANDISE OR WITHIN TEN (10) BUSINESS DAYS FROM THE DISCOVERY OF THE DEFECT. ANY REQUESTS SUBMITTED AFTER THIS DEADLINE MAY NOT BE CONSIDERED FOR RETURN.
ALL RETURN REQUESTS WILL BE PROCESSED WITHIN TEN (10) BUSINESS DAYS.
THIS POLICY DOES NOT AFFECT THE AUTHORIZED SELLER’S OR END CONSUMER’S STATUTORY RIGHTS.
TO REQUEST A RETURN AUTHORIZATION –
Please email your relevant Sales Executive and include the following information when requesting a return authorization:
A. Store Name and Customer Number
B. Purchase Order Number
C. Original Invoice Number
D. Date Received
E. Style(s)/Color(s)/Size detail of the requested return
F. Reason for return for example:
- Fit issue
- Faulty item
- Incorrect item delivered
G. If items are being returned due to quality problem or the item is defective, full length and close-up photos of the items being returned
H. Scan of the original airway bill and shipping documents relating to the items (if applicable).
RETURN PROCESS –
Upon approval, you will receive a Return Authorization (RA) from the Customer Service team.
This will instruct where the product is to be returned along with the Freight Forwarder/Carrier to be used.
Shipping costs will be covered by THE FRANKIE SHOP PARIS. if goods are deemed to be faulty or if an agreement has been made previously by THE FRANKIE SHOP PARIS. Merchandise that is received from other carriers may be refused and freight charges will not be accepted.
For clarity, for returns under any commercial agreement (swapping inventory, sale or return terms etc.), it will be the responsibility of the Authorized Seller to pay return carriage costs.
Please adhere to the following instructions:
A. Remove all security devices, store price tickets etc. from merchandise.
B. Merchandise must be labelled with either the original hangtag or a store label and indicating the style number and barcode for identification purposes
C. Merchandise must be neatly packed.
D. Return Authorization number must be indicated on outside of all cartons and a copy of the Returns Authorization within the carton.
E. All goods returned must match the styles, sizes and units listed on the Return Authorization.
KEY INFORMATION –
Deduction from credit in the amount of EUR 100 may be assessed for each return shipments that do not adhere to the above requirements or with the following discrepancies:
• Paperwork incorrect, missing or illegible
• Packing note not supplied
• Paperwork not containing the booking reference (RA)
• Discrepancy on quantity / reference returns (missing or overs stocks)
• Delivery of wrong stock
• No RA on boxes
• Incorrect RA returns
For returns not due to quality problem, if goods prove to be in an unsellable condition, the good will not be credited by THE FRANKIE SHOP PARIS.
Return Authorizations expire THIRTY (30) days after date of issue.
Please return authorized product within this time frame to avoid delays in the processing of your return.
Returned merchandise that is received without proper authorization will not be accepted and any freight charges incurred as a result of an unauthorized return will be the Buyer’s responsibility.
All returns will be 100% audited upon receipt prior to credit being issued.
CREDIT NOTES –
A credit note will be issued for the goods received back to THE FRANKIE SHOP PARIS warehouse.
Please be so kind to mention the credit note number when you take the deduction from your next payment.
RETURN PROCESSING TIME –
Please allow ten (10) business days weeks for the processing of your return and receipt of your credit note.