Terms of Sale
These terms and conditions of sale are concluded between the company Ferber Enterprises, which manages the website, and any natural or legal person wishing to make a purchase via the aforementioned website, hereinafter referred to as the “Buyer”.
Article 1. Purpose
These terms and conditions of sale are intended to define the contractual relationship between Ferber Enterprises and the Buyer, as well as the conditions applicable to any purchase made through the website. The purchase of a product through the website implies the Buyer's total acceptance of these terms and conditions of sale, which the Buyer acknowledges having read prior to placing the order. Before any transaction, the Buyer declares to possess his or her full legal capacity, thus allowing him or her to be bound by these general terms and conditions of sale.
The Company Ferber Enterprises retains the right to modify these terms and conditions of sale at any time in order to comply with any new regulations or to improve the use of its website. As such, the conditions that apply shall be those in force on the date when the Buyer places the order.
Article 2. Products
The products offered are those listed on the Ferber Enterprises website, subject to stock availability. The Company Ferber Enterprises reserves the right to modify its assortment of products at any time. Each product is presented on the website in the form of a description containing its main technical characteristics (volume or capacity, use, composition, etc.). The photographs are as accurate as possible but do not represent any sort of commitment for the Seller. The sale of the products presented on the website is intended for all Buyers residing in countries which fully authorise the entry of these products into their territories.
Article 3. Rates and VAT
The VAT rate in force is that of the Seller's country of domicile. Any change in the VAT rate may be reflected in the price of the products. If the country where the products are delivered requires an additional VAT payment, Ferber Enterprises applies the reverse charge mechanism. Ferber Enterprises reserves the right to change its prices at any time, with the understanding that the price appearing in the catalogue on the date of the order will be the only one that applies to the Buyer. The indicated prices do not include delivery costs, which are billed in addition to the price of the purchased products depending on the total amount of the order.
Article 4. Orders and payment terms
Ferber Enterprises gives the Buyer the option to order and pay for the products in several steps, with 3 payment options to choose from:
- Payment by cheque: the buyer selects the products he or she wishes to order in the “Basket”, makes any necessary changes (quantities, references, etc.) and checks the delivery address or enters a new one. The shipping costs are then calculated and presented to the Buyer, as well as the name of the carrier. Then, the Buyer chooses his or her desired payment method: “Payment by cheque”. Finally, the last step gives him or her the chance to check all of the information and confirm the order by clicking on the “Confirm my order” button. This last click represents the final conclusion of the contract. After confirming, the Buyer will receive an order form confirming that his or her order has been recorded. In order to finalise the payment and start the processing of his or her order, the Buyer must print the order form accompanied by a cheque made out to “Ferber Enterprises”, sent to the addressed provided. No cash payment should be sent. Upon receipt of the cheque, the order will be processed and the Buyer will be informed by email. Ferber Enterprises will ship the products 2 working days, at the earliest, after cashing the cheque for the order, subject to provisions.
- Secure payment by PayPal or credit card (via the PayPal system): the buyer selects the products he or she wishes to order in the “Basket”, makes any necessary changes (quantities, references, etc.) and checks the delivery address or enters a new one. The shipping costs are then calculated and presented to the Buyer, as well as the name of the carrier. Then, the Buyer chooses his or her desired payment method: “Payment by PayPal”. The next step is for the Buyer to check all the information, read and accept the general terms and conditions of sale by ticking the corresponding box, and then to confirm the order by clicking on the “Confirm my order” button. Finally, the Buyer is redirected to the secure PayPal interface in order to securely enter his or her PayPal or credit card information. If the payment is accepted, the order is recorded and the contract is finalised. Payment by PayPal or credit card is irrevocable. In the event of fraud, the Buyer may request cancellation of the payment by card and the paid sums will be credited or returned. The cardholder is not held liable if the disputed payment is proven to have been made fraudulently, remotely and without physical use of his or her card. To obtain reimbursement for the fraudulent charge and any other bank charges incurred due to the transaction, the cardholder must contest the direct debit from his or her bank in writing, within 70 days from the date of the transaction, or 120 days if the respective contract so permits. The withdrawn amounts are reimbursed by the bank within a maximum period of one month after receipt of the written dispute submitted by the cardholder. The cardholder will not be charged any fees for such reimbursement.
Confirmation of an order entails the acceptance of these general terms and conditions of sale, the acknowledgement of fully understanding them and a waiver of the application of any other terms and conditions of purchase. All of the provided data and the registered confirmation constitute proof of the transaction. If the Buyer has an email address and if he or she has entered it on the order form, Ferber Enterprises will send confirmation of the registration of his or her order via email.
If the Buyer wishes to contact Ferber Enterprises, he or she can do so by email at the following address: firstname.lastname@example.org
Article 5. Retention of ownership
Ferber Enterprises retains full and complete ownership of the sold products until full payment of the price, in the principal amount, including any fees and taxes.
Article 6. Cancellation
The Buyer has a period of thirty working days from the delivery of his or her order to exercise his or her right of cancellation and to return the product to the Seller for an exchange or refund without any penalty, with the exception of any return costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be located within the agreed geographical area. Orders are shipped by the chosen carrier when the order is placed, with the possibility to track the delivery, which is made against a signature. Delivery times are provided for informational purposes only. If they exceed thirty days from the date of the order, the contract of sale may be terminated and a refund may be issued to the Buyer. Ferber Enterprises will be able to provide the Buyer with a tracking number for his or her parcel via email. The delivery is made to the Buyer's address by his or her mail carrier. If the Buyer is not present, he or she will receive a delivery notice from mail carrier, allowing him or her to pick up the ordered products from the nearest post office for a period of time indicated by the postal service. The Buyer is liable for any transport risks from the time the items leave the premises of Ferber Enterprises. The Buyer is required to check the condition of the item packaging and the contents thereof upon delivery, in the presence of the carrier's agent or the delivery person. In the case of damage during transport, any disputes must be made with the delivery person and it is the Buyer's responsibility to take note of any damages and to refuse the parcel if it is broken.
Article 8. Warranty
All products supplied by Ferber Enterprises are covered by a legal warranty. In the event of non-conformity of a sold product, it may be returned to Ferber Enterprises, who will take it back and offer an exchange or refund. Any claims or requests for exchanges or refunds must be made via email.
Claims can only be submitted within 30 days of delivery.
Article 9. Liability
Ferber Enterprises, as part of the remote selling process, is only bound by an obligation of means. It cannot be held liable for damages resulting from the use of the internet, such as loss of data, intrusion, viruses, service interruption or other involuntary problems.
Article 10. Intellectual property
All elements of the website are and shall remain the exclusive intellectual property of Ferber Enterprises. No one is authorised to reproduce, exploit or use elements from the website, either as a photo, logo, visual or text, for any purpose whatsoever, even partially.
Article 11. Personal data
Ferber Enterprises undertakes to uphold the confidentiality of the information provided by the Buyer which is required for the use of certain services. As such, the internet user is entitled to access, modify and delete any information concerning him or her. These rights may be requested at any time via email.
Article 12. Settling disputes
These conditions of remote selling are subject to the laws in force in the Seller's country of domicile. For any disputes or claims, the competent court will be that of the Seller's country of domicile.
Owner: Ferber Enterprises USA LLC
Address: 16192 Coastal Highway, Lewes, DE 19958, United States