You want to bet on sobriety : it's the perfect option, wherewith you take absolutely no risk.
Chic and powerful !
An announcement to make?
You don’t know how to do it ? You want to take his breath away?
Embroider your announcement directly on our products!
Pay attention, the number of characters is limited ...
His name or nickname
That’s what you prefer to embroider on our products, because you know they will enjoy it !
Oh yes, if you choose a nickname, you have to know that we are a perfect secrets keeper, indeed everything you embroider will remain between us!
A little heart
Sometimes a little sign makes more impact than the craziest statements.
So do not hesitate, personalize your gift with love!
To embroider alone or with a name or a sweet word...
This site is operated by Forever Kids, a simplified joint-stock company with a share capital of 30,000 euros and whose headquarters are located at 269, rue du Faubourg Saint-Antoine, 75011 Paris, under the Paris Company and Trade Register number 809 726 771.
GENERAL TERMS AND CONDITIONS OF SALE 2016
Article 1: Scope
The aim of these Terms and Conditions of Sale (hereinafter the “Ts&Cs”) is to determine the terms and conditions of purchase and sale of products offered by the company FOREVER KIDS (hereinafter « the Seller »).
When placing an order, clients unreservedly agree to adhere to all of the provisions in these Ts&Cs. The Seller reserves the right to modify them at any time. The applicable general terms and conditions of sale are those in force on the date the order is placed by the Client.
Article 2: Price
Product prices are those in force on the day the order is placed. They are labelled in euros and calculated excluding tax. They shall, therefore, increase in accordance with VAT and delivery charges. Clients shall be informed of this increase, before confirming any orders, in their purchase order or on the cart confirmation page on the website.
The Seller reserves the right to modify its prices at any time. However, it agrees to bill goods ordered for the price indicated at the time of order confirmation.
Article 3: Rebates and discounts
The rates offered include rebates and discounts the Seller shall grant when taking into consideration its performance or certain services for which the buyer takes responsibility.
Article 4: Payment methods
Unless otherwise expressly agreed in writing, products will be paid for on a per order basis: either by bank card or bank transfer (B2B only).
The products on offer are subject to availability. If an ordered product is unavailable, the Seller shall immediately inform the Client of this and offer them a product of a similar quality or price. If no alternative is available, the client shall be given a store credit voucher for the amount of the order, which can be used for their next order.
In the event of a buyer dispute, the Seller shall reimburse the amount paid within three months.
Article 5: Delayed payment
Any outstanding payments not made before the deadline will incur a late payment fee equal to three times the legal interest rate. This penalty is calculated based on the amount (including tax) of the remaining total owed as of the price expiration date, without the need for prior formal notification.
Article 6: Retention of ownership
Products sold remain the property of the Seller until payment for the sale and its accessories has been received in full. Only the definitive receipt of the price billed will be considered as payment.
Bills of exchange or other documents implicating an obligation for payment do not constitute payment within the meaning of this clause. The aforementioned provisions do not preclude the transfer to the client of risk loss or damage to goods subject to retention of ownership or any damages they may incur. The Client must take out insurance, at their own expense, against any risks the products may pose.
Article 7: Resolutory clause
If, within the two weeks after the “delayed payment” clause is triggered, the Client has not paid any outstanding amounts, the sale shall be cancelled as of right, entitling the Seller to claim for any damages and interest.
Notice of the cancellation of an order in the events provided for in these Ts&Cs shall be given in writing by means of recorded mail with acknowledgement of receipt and shall be collected, as of right, with no legal formalities.
Article 8: Delivery and risk transfer
Delivery is understood to be the transfer, to the Client, of the physical possession of goods. Products are delivered on the date or within the time frame specified on the purchase order. The delivery date indicated when placing the order is given as an estimate and it not guaranteed in any way. Consequently, any delays in product delivery shall not entitle the Client to any damages, nor shall it entitle them to cancel the order. The Seller agrees to deliver products or provide services, in any event, within a maximum of sixty (60) days as from the date that appears on the purchase order. Products are delivered by a courier to the address stated by the Client on the purchase order. It is the Client’s responsibility to verify, in the presence of the person delivering it, the state of the delivered product and, in the event of any damages or missing items, to state this on the delivery note or on the delivery receipt. The Client can also refuse the product, alerting the Seller to this. Any risk of loss or damage to goods are transferred to the Client as from the moment they, or a designated third party, take the goods into their physical possession, regardless of their nature.
Article 9: Guarantees
Provided the Client meets all contractual obligations, the products subject to sale will benefit from the following guarantees, indicated in the conditions hereinafter, excluding all other guarantees of any nature, whether implicit or otherwise.
9.1. Guarantees applicable to business clients
Products are guaranteed against any material or manufacturing defects within a period of one (1) year as from the delivery date. Guarantee claims shall not expressly extend the guarantee’s period of limitation.
The only obligation incumbent on the Seller in accordance with this guarantee shall be free replacement or repair, to be decided upon by the Seller, of a product or product part deemed defective as a result of its service. This shall not apply if the means of compensation are deemed impossible or disproportionate. In order to make a guarantee claim, all products must be submitted to the Seller beforehand and this must be agreed upon in the event of a replacement. The Client is liable for any return fees and is not entitled to any compensation in the event goods are detained under application of the guarantee.
The guarantee does not cover any visible defects. Defects and deterioration caused due to natural wear or an unplanned product modification that is not approved by the Seller are also excluded.
9.2. Specific legal guarantees applicable to Consumer Clients:
The stipulations in article 9.2 only apply to Consumer Clients as defined below, and only in the situation whereby French law is designed to apply to said Consumer Clients.
A Consumer Client is understood to mean any natural person acting for purposes which are primarily unrelated to their professional activity, be that commercial, industrial, artisanal or liberal.
The Client is covered by a legal guarantee for conformity (articles L211-1 et seq. of the French Consumer Code) and a guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), enabling the Client to return any defective or non-conforming delivered products.
Legal guarantee for conformity: When the Client acts under their legal guarantee for conformity, they: have up to two years as from the delivery of the product to; - either choose to repair or replace the product, in accordance with the cost conditions provided for by article L. 211-9 of the French consumer code; - are required to provide proof of the product's lack of conformity within six months after the product is delivered. •Article L211-4 of the French Consumer Code: The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.•Article L211-5 of the French Consumer Code: To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
•Article L211-12 of the French Consumer Code:
Action resulting from lack of conformity lapses two years after delivery of the product. Guarantee against hidden defects: The Client may decide to implement the guarantee against hidden defects of the item sold under article 1641 of the French Civil Code. In these circumstances, the Client can choose to resolve the sale or reduce the sales price in accordance with article 1644 of the French Civil Code.
•Article 1641 of the French Civil Code:
A seller is bound to a warranty on account of the latent defects of the item sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
•Article 1648 of the 1st French Civil Code:
Action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vices.
Article 10: Right of withdrawal only applicable to Consumer Clients
The Consumer Client placing an order has the right to withdraw, with no given cause, within fourteen (14) days. The withdrawal limit expires fourteen days after the day the Consumer Client, or the third party they designated to do so, take the goods into their physical possession. To exercise this right of withdrawal, the Consumer Client must give notice to the Seller of their desire to withdraw by means of a registered letter with acknowledgement of receipt within the abovementioned time frame of fourteen (14) days.
Article 11: Intellectual property rights
All patents or other property rights relating to the delivered products are and remain the property of the Seller who grants no warranties. The Client will be solely responsible in the event of any actions or claims founded on any counterfeiting or unfair competition relating to the delivered products.
Article 12: Force majeure
No Party shall be liable for not having fulfilled, or having fulfilled late, an obligation in the circumstances whereby said lack of or delay to an obligation is the direct result of an event that occurs at any moment during the contract term, and which exhibits the characteristics of force majeure.
In this respect, force majeure shall mean any unforeseeable and inevitable external event under article 1148 of the French Civil Code.
Article 13: Severability
If one or several stipulations of these Ts&Cs are found to be invalid or declared so in accordance with a law, a regulation or following a definitive decision by the competent jurisdiction, all other stipulations shall remain in force to their full extent.
Article 14: Applicable law and attribution of jurisdiction
These Ts&Cs and the sales and purchasing operations deriving from them shall be governed by French law.Failing amicable settlement in cases of litigation of any nature or disputes relating to the formation or execution of the sale, the Commercial Court of Paris shall be the competent authority.