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TERMS AND CONDITIONS OF SALE

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Preamble

These general terms and conditions of sale apply to all sales concluded on the Fly Me Anywhere website.

The website www.flymeanywhere.fr is operated by:

Fly Me Anywhere
Located at 32 rue Paul Bounin, 06100 Nice, France
Website URL: www.flymeanywhere.fr
Email: contact@flymeanywhere.fr
Phone number: +33681443884

The Fly Me Anywhere website sells the following products: clothing and accessories.

The customer declares having read and accepted these general terms and conditions of sale prior to placing an order. Order validation implies full acceptance of these terms and conditions.

Article 1 - Principles

These general terms and conditions express the entirety of the parties’ obligations. In this sense, the buyer is deemed to accept them without reservation.

They apply to the exclusion of all other terms, including those applicable for in-store sales or through other distribution and marketing channels.

They are accessible on the Fly Me Anywhere website and shall prevail, if applicable, over any other version or conflicting document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to occasionally modify the terms and conditions, which will be applicable as soon as they are published online.

If any condition is missing, it shall be governed by current practices in the distance selling sector in France.

These terms and conditions are valid until January 1, 2031.

Article 2 - Scope

These terms and conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer via the Fly Me Anywhere website.

They apply only to purchases made through the Fly Me Anywhere website and delivered within mainland France or Corsica. For deliveries to overseas territories or abroad, please contact: contact@flymeanywhere.fr.

These purchases concern the following products: clothing and accessories.

Article 3 - Pre-contractual Information

The buyer acknowledges having received, prior to placing the order and concluding the contract, in a clear and understandable manner, these general terms and all the information listed in Article L. 221-5 of the French Consumer Code.

The following information is provided clearly and understandably:

  • essential characteristics of the product;

  • the price of the product and/or the method of calculating the price;

  • where applicable, all additional transport, delivery, or postage costs, and any other charges;

  • in the absence of immediate performance, the delivery date or timeframe;

  • information regarding the seller’s identity, contact details, legal warranties, and, where applicable, digital content functionality and interoperability, and the existence of guarantees and other contractual conditions.

Article 4 - Orders

The buyer may place an order online from the catalog using the form provided, for any product available in stock.

The buyer will be informed if a product is unavailable.

To validate the order, the buyer must accept the terms and conditions by clicking in the designated area, choose a delivery method and address, and finalize the payment method.

The sale will be considered final:

  • after the seller sends a confirmation email;

  • and upon full payment by the buyer.

Placing an order implies acceptance of the prices and product descriptions. Any dispute will occur within the framework of a potential exchange or warranty.

In case of issues such as non-payment or incorrect address, the seller may suspend the order until the issue is resolved.

For any order tracking questions, the buyer may call +33681443884 (local rate), Monday to Saturday from 8 a.m. to 8 p.m., or email contact@flymeanywhere.fr.

Article 5 - Electronic Signature

Providing the credit card number online and confirming the order constitutes:

  • a commitment to pay the amount due;

  • a signature and express acceptance of all transactions.

In case of fraudulent card use, the buyer must immediately contact the seller at +33681443884.

Article 6 - Order Confirmation

The seller will confirm the order by email.

Article 7 - Proof of Transaction

Electronic records stored under secure conditions will serve as proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium.

Article 8 - Product Information

The products governed by these terms are those listed on the seller’s website and indicated as sold and shipped by the seller. They are available while supplies last.

Products are described and presented as accurately as possible. However, if errors or omissions occur, the seller cannot be held liable.

Product photos are not contractual.

Article 9 - Prices

The seller reserves the right to change prices at any time but agrees to apply the current rates shown at the time of the order, subject to availability.

Prices are in euros. Delivery fees are not included and are indicated before order confirmation. Prices include VAT applicable on the order date. Any VAT rate change will be reflected in the product price.

If new taxes or contributions (e.g., environmental) are created or modified, they may affect the sale price.

Article 10 - Payment Methods

This is a payment-required order, meaning placing the order implies payment by the buyer.

The buyer may use any payment method provided by the seller and listed on the website. The buyer guarantees having the necessary authorization to use the chosen payment method.

The seller reserves the right to suspend any order or delivery in case of payment refusal or issue. The seller may also refuse to honor an order from a buyer involved in a current payment dispute or who has not fully paid a previous order.

Payment is due in full at the time of ordering by: Credit card or PayPal

Article 11 – Product Availability – Refund – Termination
Except in cases of force majeure or during the online store’s closure periods, which will be clearly announced on the homepage, shipping times will be, within the limits of available stock, those indicated below. Shipping times run from the order registration date, indicated in the confirmation email.
For deliveries in mainland France and Corsica, the delivery time is 2 to 5 business days from the day after the order is placed, via Colissimo. At the latest, delivery will occur within 30 business days after the conclusion of the contract.
For deliveries to French overseas territories or other countries, delivery conditions will be specified to the buyer on a case-by-case basis.
If the agreed delivery date or time is not met, the buyer must first request the seller to fulfill the contract within a reasonable additional period.
If the seller fails to deliver within this new timeframe, the buyer may terminate the contract.
This request must be made via registered letter with acknowledgment of receipt or by any other durable written format.
The contract will be considered terminated upon receipt by the seller of this written notice, unless performance has occurred in the meantime.
However, the buyer may immediately terminate the contract if the delivery date was essential to the buyer.
In that case, the seller must refund all amounts paid, no later than fourteen (14) days from the date of contract cancellation.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer may then choose between a refund within fourteen (14) days or an exchange of the product.
Article 12 – Delivery Terms
Delivery is defined as the transfer of physical possession or control of the goods to the buyer. Products are delivered under the conditions and within the timeframes specified above.
The products are delivered to the address provided by the buyer on the order form. The buyer must ensure the accuracy of this address. Any parcel returned to the seller due to an incorrect or incomplete address will be reshipped at the buyer’s expense. Upon request, the buyer may receive the invoice at the billing address instead of the delivery address, by selecting the appropriate option when ordering.
If the buyer is absent on the day of delivery, the carrier will leave a delivery notice, indicating how and where to collect the parcel.
If the original packaging is damaged, torn, or opened at the time of delivery, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (e.g., "parcel refused due to damage or being opened").
The buyer must indicate any delivery-related issues (damage, missing product, broken items, etc.) on the delivery slip with handwritten notes and their signature.
This verification is deemed complete once the delivery slip has been signed by the buyer or a person authorized by the buyer.
The buyer must then confirm the issue to the carrier by registered letter within two (2) business days of receiving the items and send a copy of this letter to the seller, either by mail or fax, to the address provided in the site’s legal notice.
If the products need to be returned to the seller, a return request must be made within fourteen (14) days of delivery. Any claims made after this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, manuals, etc.).
Article 13 – Delivery Errors
The buyer must notify the seller of any delivery error or non-conformity (in product type or quality compared to the order) on the day of delivery or no later than the first working day after delivery. Claims made beyond this deadline will not be accepted.
Claims may be made by the buyer:
by phone: +33764222292
by email: contacatflymeanywhere@gmail.com
Any claim not made according to these rules and within the given timeframe will release the seller from any responsibility toward the buyer.
Upon receiving the claim, the seller will assign an exchange number for the concerned product(s), which will be communicated to the buyer by email. No product exchange can take place without this exchange number.
In case of a delivery error or exchange, the product must be returned in full and in its original packaging, via tracked Colissimo, to the following address:
32 rue Paul Bounin, 06100 Nice, France.
Return shipping costs will be covered by the seller.
Article 14 – Product Warranty
14.1 – Legal Warranty of Conformity
The seller guarantees that the product conforms to the contract, allowing the buyer to make a claim under the legal warranty of conformity provided by Articles L. 217-4 and following of the French Consumer Code.
When invoking the legal warranty of conformity, it is noted that:
the buyer has two (2) years from the date of delivery to take action;
the buyer may choose between repair or replacement, subject to cost conditions as provided by Article L. 217-17 of the Consumer Code;
the buyer does not need to prove the product’s non-conformity within 24 months for new goods (6 months for used goods) from the delivery date.
14.2 – Warranty Against Hidden Defects
In accordance with Articles 1641 and following of the French Civil Code, the seller also guarantees against hidden defects that may render the product unfit for its intended use. The buyer must prove the defect existed at the time of sale. This warranty must be exercised within two (2) years from the date the defect was discovered.
The buyer may choose between canceling the sale or a partial refund, in accordance with Article 1644 of the Civil Code.
Article 15 – Right of Withdrawal
Exercise of the Right of Withdrawal
In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for the return shipping costs, which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions...) allowing for resale in new condition, and accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted.
The right of withdrawal can be exercised online using the withdrawal form available on this website. In such cases, an acknowledgment of receipt on a durable medium will be immediately sent to the buyer. Any other form of withdrawal declaration is accepted. It must be unambiguous and express the intention to withdraw.
In the event of exercising the right of withdrawal within the time limit mentioned above, the price of the purchased product(s) and the delivery costs will be refunded.
Return shipping costs remain the responsibility of the buyer.
The exchange (subject to availability) or refund will be carried out within a maximum of 14 days from the date the seller receives the returned products from the buyer under the conditions stated above, and ideally within 7 days.
Exceptions
According to Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:
for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
for the supply of goods made to the consumer's specifications or clearly personalized;
for the supply of goods that are likely to deteriorate or expire rapidly;
for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons;
for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
for urgent maintenance or repair work to be carried out at the consumer’s home, expressly requested by them, limited to spare parts and work strictly necessary to meet the emergency;
for the supply of audio or video recordings or computer software unsealed by the consumer after delivery;
for the supply of newspapers, periodicals, or magazines, except for subscription contracts to these publications;
for the supply of digital content not supplied on a tangible medium, the execution of which has begun after the consumer's express prior consent and waiver of their right of withdrawal.
Article 16 – Force Majeure
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions are considered grounds for exemption from the obligations of the parties and will result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence as well as their disappearance.
Events considered as force majeure or unforeseen circumstances include, but are not limited to: transportation or supply blockages, earthquakes, fires, storms, floods, lightning, interruption of telecommunication networks, or difficulties in external telecommunications networks beyond the customers' control.
The parties will consult each other to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure lasts more than three months, these general terms and conditions may be terminated by the injured party.
Article 17 – Intellectual Property
The content of the website remains the property of the seller, who is the sole holder of intellectual property rights over said content.
Buyers agree not to make any use of the website content; any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
Article 18 – Data Protection and Privacy
The personal data provided by the buyer are necessary for the processing of their order and the issuance of invoices.
They may be shared with the seller's partners responsible for order processing, execution, management, and payment.
The processing of information provided through the Fly Me Anywhere website has been declared to the CNIL (Commission Nationale de l’Informatique et des Libertés).
The buyer has a permanent right of access, modification, rectification, and opposition regarding their personal information. This right may be exercised under the conditions and according to the procedures defined on the Fly Me Anywhere website.
Article 19 – Partial Invalidity
If one or more provisions of these general conditions are deemed invalid or declared as such pursuant to a law, regulation, or final decision by a competent court, the remaining provisions will retain their full force and effect.
Article 20 – No Waiver
The fact that one party does not take advantage of a breach by the other party of any of the obligations set out in these general conditions cannot be interpreted in the future as a waiver of the obligation in question.
Article 21 – Headings
In the event of interpretation difficulties between any of the headings of the clauses and the clause itself, the headings will be deemed non-existent.
Article 22 – Language of the Contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
Article 23 - Mediation and Dispute Resolution
The buyer may resort to conventional mediation, notably with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute. The names, contact details, and email address of the mediator are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform to facilitate the independent, out-of-court settlement of online disputes between consumers and professionals within the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable Law
These general terms and conditions are subject to French law. The competent court is the judicial court.
This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer will first contact the seller in order to seek an amicable solution.
Article 25 - Personal Data Protection
Data Collected
The personal data collected on this website includes:
Account creation: When creating a user account: name, surname, email address, phone number, postal address;
Login: When the user logs into the website, it records their name, surname, login data, usage data, location data, and payment data;
Profile: Use of the services provided on the website may involve the completion of a profile, including an address and a phone number;
Payment: For payment of products and services, the site records financial data relating to the user's bank account or credit card;
Communication: When using the website to communicate with other users, the communication data may be temporarily stored;
Cookies: Cookies are used in the context of website usage. The user can disable cookies via their browser settings.
Use of Personal Data
The personal data collected from users is used to provide and improve the services on the website and to ensure a secure environment. Specifically, the data is used for:
Access and use of the website by the user;
Operation and optimization of the website;
Organization of payment services;
Verification, identification, and authentication of data provided by the user;
Enabling user-to-user communication;
User support services;
Customization of services, including advertisements based on user preferences and browsing history;
Fraud and malware prevention and incident management;
Management of potential disputes with users;
Sending of commercial and promotional information based on user preferences.
Sharing of Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
When using payment services, the site may work with third-party banking and financial companies;
When the user posts content in public areas of the site;
When the user authorizes a third-party website to access their data;
When the site uses service providers for user support, advertising, or payment services. These providers have limited access to the user's data and are contractually obliged to use it in accordance with data protection regulations;
If required by law, the website may transmit data to comply with legal procedures;
In the event of a merger, acquisition, asset sale, or judicial recovery, the website may transfer or share personal data, with prior user notification.
Security and Confidentiality
The website implements digital security measures (organizational, technical, software, and physical) to protect personal data from unauthorized access, alteration, or destruction. However, the internet is not a completely secure environment, and the website cannot guarantee the security of data transmission or storage on the internet.
User Rights
In accordance with applicable regulations, users have the following rights, which can be exercised by contacting: contactflymeanywhere@gmail.com

Right of access: Users can request to access their personal data. The website may ask for proof of identity.
Right of rectification: Users may request corrections to inaccurate or incomplete data.
Right to erasure: Users can request the deletion of their data, in accordance with applicable data protection laws.
Right to restrict processing: Users may request the limitation of their data processing under certain conditions.
Right to object: Users may object to the processing of their data under certain legal grounds.
Right to data portability: Users can request that their personal data be provided to them or transferred to another website.
Changes to this Clause
The website reserves the right to make changes to this personal data protection clause at any time. In case of changes, the new version will be published on the site and users will be informed by email at least 15 days before it takes effect. If the user disagrees with the new terms, they may delete their account.
Appendix
French Consumer Code
Article L.217-4: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity at the time of delivery...”
Article L.217-5 to L.217-16: (Same structure and logic, translated as above)
French Civil Code
Article 1641: “The seller is bound to a warranty on account of hidden defects in the item sold...”
Article 1648: “An action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect...”
 

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