The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented in the Seller’s catalogues. The photographs and graphics shown are not contractual and shall not engage the Seller’s liability. The Customer must refer to the description of each Product in order to learn about its properties and essential features.

Product offers are valid while stocks last.

The customer declares that they have read and accepted these general terms and conditions of sale before placing an order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general terms express the entirety of the obligations of the parties. In this respect, the customer is deemed to accept them unreservedly.

These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to in-store sales or via other distribution or marketing channels.

They are accessible on the website https://www.fashionspower.com and shall prevail, where applicable, over any other version or any other contradictory document.

The buyer and the seller agree that these general terms exclusively govern their relationship. The seller reserves the right to modify its general terms from time to time, which shall apply as soon as they are posted online.

If a sales term is missing, it shall be deemed to be governed by the practices in force in the distance selling sector for companies whose registered office is in France.

Article 2 – Scope

Purpose. These general terms 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 website https://www.fashionspower.com.

Capacity. Using the site to place an order presumes knowledge and acceptance of all the terms of these general conditions. The Client declares that they are of legal age and capable of contracting under the law of their country, or declares that they represent, under a valid mandate, the person for whom they are placing the order.

Acceptance of the T&Cs. The Client declares that they have read the general conditions and accepted them prior to any purchase, which implies unreserved adherence to these general terms and conditions of sale. By this acceptance, the client acknowledges that before placing any order they received sufficient information and advice from the company to ensure that the content of their order matches their needs. These general conditions constitute the entirety of the rights and obligations of the parties in their contractual relationship.

Unless proven otherwise, the data recorded by the Site constitute proof of all facts, acceptances and transactions.

Article 3 – The Order

The buyer may place an order online, from the online catalogue and using the form provided, for any product, while stocks last.

The buyer will be informed of any unavailability of the product ordered.

For the order to be validated, the buyer must accept these general conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the payment method.

The sale will be considered final:

after the seller sends the buyer confirmation of acceptance of the order by email; and
after the seller has received full payment of the price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the warranties mentioned below.

In certain cases, in particular non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

For any question relating to order tracking, the buyer may email the seller at: https://www.fashionspower.com
or call the following number during business hours: Monday to Friday, 8am–6pm.

Digitized records kept in the company’s computer systems under reasonable security conditions will be considered proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

Transfer of ownership of the Seller’s Products to the Client occurs only after full payment of the price by the latter, regardless of the date of delivery of the Products.

Transfer of risk takes place from the seller to the client when the client physically takes possession of the goods; however, if the client selects their own carrier, risk transfers when the seller hands the goods to the carrier selected by the client.

The Client therefore acknowledges that it is the carrier’s responsibility to deliver and that they have no recourse against the Seller in case of failure to deliver the transported goods.

Article 4 – Pre-contractual Information

The Client acknowledges having been informed by the Seller, in a readable and comprehensible manner via these General Terms and Conditions of Sale, prior to immediate purchase or ordering and in accordance with Article L 221-5 of the French Consumer Code, regarding:

the essential characteristics of the Products (specifications, illustrations, indications of dimensions or capacity) enabling informed purchase, including conditions of use; (photos and graphics are not contractual; the Client must consult each Product description for properties and essential features)
the price of the Products and any personalized pricing based on automated decision-making, and ancillary costs; or, if no price is paid, any benefit provided instead of or in addition to the price and the nature of that benefit;
the payment, delivery and performance terms of the sales contract;
where applicable, delivery times for Products;
the Seller’s identity and full contact details;
the existence and implementation terms of guarantees (legal guarantee of conformity, hidden defects, any commercial guarantees) and, where applicable, after-sales service;
the possibility of using a consumer mediator under the conditions provided by the Consumer Code;
the right of withdrawal (existence, conditions, period, procedures and model form), termination terms, complaints handling and other important contractual conditions and, where applicable, the costs of remote communication, codes of conduct, and financial securities/guarantees;
accepted means of payment.

Placing an order on the website “https://www.fashionspower.com” constitutes full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for ordered Products, which the Client expressly acknowledges, waiving the right to rely on any contradictory document.

Article 5 – Electronic Signature

Online provision of the buyer’s bank card number and final validation of the order shall constitute proof of the buyer’s consent:

enforceability of sums due under the order form;
signature and express acceptance of all operations carried out.

In case of fraudulent use of the bank card, the buyer is invited, as soon as it is discovered, to contact the seller at: fashionspowershop@gmail.com or 0049-15738306056.

Article 6 – Order Confirmation

The seller provides the buyer with order confirmation by email once payment has been made.

Article 7 – Proof of Transaction

Computerized records kept under reasonable security conditions in the seller’s systems will be considered proof of communications, orders and payments between the parties. Archiving of order forms and invoices is carried out on a reliable, durable medium that can be produced as evidence.

Article 8 – Product Information

The main characteristics of the Products—including all substantial information required by applicable regulations such as specifications, illustrations, and indications of dimensions or capacity—are presented on the website “indicate website” in the Seller’s product pages and catalogue.

The Client must read these before placing any order. Product choice and purchase are the sole responsibility of the Client.

Photographs and graphics on the website “https://www.fashionspower.com” are not contractual and do not engage the Seller’s liability.

The Client must refer to each Product description for properties, essential features and delivery times, and, for continuous or periodic supply of goods, the minimum duration of the proposed contract.

Contractual information is presented in French and confirmed at the latest at order validation.

Offers are valid while stocks last.

Article 9 – Pricing

The seller reserves the right to modify prices at any time, but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.

Prices are indicated in euros.

For products sold tax-inclusive (TTC), the price includes VAT applicable on the purchase date. Any change in the applicable VAT rate will be reflected in product prices. If the company benefits from a VAT base exemption, it may legitimately invoice products excluding tax (HT).

If a client located in an EU country is asked to pay VAT to receive their order, they must inform the seller before paying amounts claimed by the carrier or customs so the situation can be legitimately resolved.

If the client nevertheless pays customs-related charges such as VAT, duties or handling fees, the client may request reimbursement only of VAT and customs duties, provided acceptable proof of payment is supplied.

Article 10 – Payment Methods

This is an order with an obligation to pay, meaning placing an order implies payment by the buyer.

To pay, the buyer may use any payment methods made available by the seller and listed on the seller’s site. The buyer guarantees that they are authorized to use the chosen payment method upon order validation. The seller reserves the right to suspend any order processing and delivery in case of refusal of authorization for payment by card by officially accredited organizations or in case of non-payment. The seller also reserves the right to refuse delivery or honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

Payment is made in full on the day of the order, by the following methods:

PayPal
Bank card (Visa, Mastercard, American Express, Maestro)
Klarna
Sofort

Special offers and discount codes. The company may offer time-limited launch offers, promotions or price reductions and may revise offers and pricing at any time on the site, in accordance with the law. The applicable prices are those in force at the time of purchase; the client cannot claim earlier or later prices. Discount codes may be subject to specific conditions, are strictly personal to the beneficiary, and usable once.

Payment incidents and/or fraud. The company may suspend processing and delivery in case of non-payment or refusal of card authorization. It may refuse to honor an order from a client who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

The company may contact the client to request additional documents to execute payment. It may rely on order-analysis system information. Providing requested documents is necessary for the company to confirm the order. To combat card fraud, a visual verification of payment methods may be carried out before delivery. In case of fraudulent use of a card, the client is invited to contact the company immediately, without prejudice to steps to be taken with their bank.

Default or late payment. Statutory interest and penalties apply in case of default or late payment by consumer or professional clients.

Article 11 – Product Availability – Refund – Termination

Except in cases of force majeure or periods of online store closure clearly announced on the home page, dispatch times will be as indicated below, subject to stock availability. Dispatch times run from the order registration date shown on the order confirmation email.

Delivery terms will be specified to the buyer on a case-by-case basis.

In case of non-compliance with the agreed delivery date or period, the buyer must, before terminating the contract, instruct the seller to perform within a reasonable additional period.

If performance still fails at the end of this period, the buyer may freely terminate the contract.

These steps must be carried out by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing it of such termination, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract if the date or period above is an essential condition of the contract.

In such a case, when the contract is terminated, the seller must refund all sums paid by the buyer within 14 days following the date on which the contract was terminated.

If the product ordered is unavailable, the buyer will be informed as soon as possible and may cancel the order. The buyer may then request either a refund of sums paid within 14 days at the latest, or an exchange.

Article 12 – Delivery Terms

Delivery means the transfer to the consumer of the physical possession or control of the good. Products ordered are delivered to the buyer by the seller’s supplier under the terms and timeframes specified above.

Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may request that an invoice be sent to the billing address rather than the delivery address by selecting the appropriate option on the order form.

If the buyer is absent on delivery day, the courier will leave a notice, allowing collection of the parcel at the place and within the period indicated.

If at delivery the original packaging is damaged, torn or open, the buyer must check the condition of the items. If damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because open or damaged).

The buyer must indicate on the delivery note, in handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, product missing relative to the delivery note, damaged parcels, broken products, etc.).

This verification is deemed to have been carried out once the buyer, or a person authorized by them, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered letter no later than two business days after receipt of the item(s) and send a copy to the seller by fax or regular mail at the address indicated in the site’s legal notice.

If products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. Returns are accepted only for products in their original condition (packaging, accessories, instructions, etc.).

Products must be returned to:
Geweberschulstraße 34, 67549 Worms – Germany

The product will be delivered within a maximum of 30 days.

Products are offered for sale and delivered while stocks last. In the event of unavailability, the company will immediately inform the client and may offer a product of equivalent quality and price or, failing that, will refund the order if the Client is a consumer. Beyond refunding the price of the unavailable product, the company is not liable for any cancellation indemnity unless non-performance is personally attributable to it.

Return shipping costs are the client’s responsibility.

Article 13 – Delivery Errors

The buyer must submit any claim for delivery error within the legal withdrawal period mentioned in these T&Cs, or within the period contractually determined as part of any commercial guarantee herein. Any claim submitted after this period will be rejected.

Claims may be made, at the buyer’s choice:

by phone: 0049-15738306056
by email: fashionspowershop@gmail.com

Any claim not made in accordance with the rules defined above and within the allotted time cannot be taken into account and releases the seller from any liability vis-à-vis the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the buyer. An exchange can take place only after the exchange number has been assigned.

Article 14 – Product Warranty

14-1 Legal guarantee of conformity
The Seller undertakes to deliver goods conforming to the contractual description and to the criteria set out in Article L217-5 of the French Consumer Code.
They are liable for lack of conformity existing at delivery and appearing within two years thereafter.

This period applies without prejudice to Articles 2224 et seq. of the Civil Code; limitation runs from the day the Client becomes aware of the lack of conformity.

Defects of conformity that appear within twenty-four months (or twelve months for second-hand goods) from delivery are presumed to have existed at delivery, unless proven otherwise.

In case of lack of conformity, the Client may demand repair or replacement of the goods delivered or, failing that, a price reduction or rescission of the sale, under legal conditions.

The Client may also suspend payment of all or part of the price until the Seller has fulfilled its obligations under the legal guarantee of conformity, under Articles 1219 and 1220 of the Civil Code.

The Client must request conformity from the Seller, choosing between repair and replacement. Conformity must occur within a period not exceeding thirty days following the Client’s request.

Repair or replacement includes, where applicable, removal and return of the non-conforming product and installation of the repaired or replacement product.

Any product brought into conformity under the legal guarantee benefits from a six-month extension of that guarantee.

If replacement occurs after the Seller failed to comply despite the Client’s choice, a new period of the legal guarantee of conformity runs from delivery of the replacement product.

If the requested conformity is impossible or entails disproportionate costs under Article L217-12, the Seller may refuse it. If the conditions of Article L217-12 are not met, the Client may, after formal notice, pursue specific performance of the initially requested solution under Articles 1221 et seq. of the Civil Code.

The Client may finally demand a price reduction or rescission of the sale (unless the lack of conformity is minor) in the cases provided for in Article L217-14.

Where the lack of conformity is so serious as to justify an immediate price reduction or rescission, the Client is not required to request repair or replacement first.

The price reduction is proportional to the difference between the value of the goods delivered and their value in the absence of the lack of conformity.

In case of rescission, the Client is refunded the price paid against return of the non-conforming goods to the Seller, at the latter’s expense.

Refund is made upon receipt of the non-conforming product or proof of its return by the Client and no later than fourteen days thereafter, using the same payment method as used by the Client, unless expressly agreed otherwise and in any event without additional fees.

The foregoing is without prejudice to any damages that may be awarded to the Client for the loss suffered due to the lack of conformity.

14-2 Legal guarantee against hidden defects
In accordance with Articles 1641 et seq. of the Civil Code, the seller warrants against hidden defects in the goods sold. The buyer must prove that the defects existed at the time of sale and render the goods unfit for their intended use. This guarantee must be implemented within two years of discovery of the defect.

The buyer may choose between rescission of the sale or a reduction in price pursuant to Article 1644 of the Civil Code.

Article 15 – Right of Withdrawal

Application. The buyer has 14 days from delivery to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs which remain the buyer’s responsibility.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) enabling resale as new, and accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not accepted.

The right of withdrawal may be exercised online using the withdrawal form available on the website. In this case, an acknowledgment on a durable medium will be sent immediately to the buyer. Any other unambiguous statement expressing the desire to withdraw is accepted.

In case of withdrawal within the period, the client must notify their right of withdrawal by email to: fashionspowershop@gmail.com

The price of the product(s) purchased and the delivery costs are refunded.
Return costs are borne by the buyer.

Exchange (subject to availability) or refund will be made no later than 30 days from receipt by the seller of the returned products, in accordance with the above conditions.

Exceptions. Under Article L221-28 of the Consumer Code, the right of withdrawal does not apply to contracts for, among others:

goods subject to market fluctuations;
goods made to the consumer’s specifications or clearly personalized;
goods liable to deteriorate or expire rapidly;
goods unsealed after delivery that cannot be returned for hygiene or health protection reasons;
goods that, after delivery and by their nature, are inseparably mixed with other items;
alcoholic beverages whose delivery is deferred beyond thirty days and whose value depends on market fluctuations;
urgent maintenance or repair work at the consumer’s home expressly requested by them;
audio or video recordings or computer software unsealed after delivery;
newspapers, periodicals or magazines (except subscriptions);
digital content not supplied on a tangible medium where performance has begun after prior express consent and express waiver of the right of withdrawal.

The company is not required to reimburse additional costs if the consumer expressly chose a more expensive delivery method than the standard one offered.

Article 16 – Force Majeure and Hardship

Any circumstances beyond the parties’ control preventing performance under normal conditions shall be considered grounds for exemption from the parties’ obligations and result in their suspension.

The party invoking such circumstances must immediately notify the other party of their occurrence and disappearance.

Events considered force majeure include, in addition to those usually recognized by French case law: disruption of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties inherent to external telecommunications networks.

The parties will confer to examine the impact of the event and agree on conditions for continuing performance. If force majeure lasts longer than three months, the injured party may terminate these general terms.

If force majeure preventing performance by either party lasts longer than 90 days, the injured party may unilaterally terminate the contract.

In addition to force majeure, hardship is considered: increases in the price of any raw material or goods/services necessary for production, preparation, provision or shipment of a good sold by the seller, making it unreasonably impossible for the seller to continue offering the good for sale or to perform its obligations. In such a case, the seller cannot be deemed responsible for non-performance; the client may not unilaterally terminate the contract without first, in good faith, seeking an amicable solution or renegotiating the contract. In any event, in case of hardship, the seller cannot be held liable for inconveniences, disadvantages or loss of chance suffered by the client.

Article 17 – Intellectual Property

The website content remains the property of the seller, sole holder of intellectual property rights to such content.

Buyers undertake not to use this content in any way; any total or partial reproduction of this content is strictly prohibited and may constitute counterfeiting.

Article 18 – Data Protection

Personal data provided by the buyer are necessary for processing the order and issuing invoices.

They may be communicated to the seller’s partners responsible for execution, processing, management and payment of orders.

The buyer has a permanent right of access, modification, rectification and objection regarding information concerning them, under the conditions and according to the procedures set out on the site https://www.fashionspower.com

Article 19 – Partial Invalidity

If one or more provisions of these general terms are held invalid or declared such by law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.

Article 20 – No Waiver

The fact that one party does not invoke a breach by the other party of any of the obligations referred to in these general terms shall not be interpreted for the future as a waiver of the obligation in question.

Article 21 – Headings

In case of difficulty in interpreting any of the clause headings and any of the clauses, the headings shall be declared non-existent.

Article 22 – Contract Language

These general terms and conditions of sale are drawn up in French. If translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 23 – Mediation and Dispute Resolution

The buyer may use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of dispute. The mediator’s name, contact details and email addresses are available on our site.

In the event of difficulty in performing the Contract, the European-resident consumer Client may, before any court action, request a consumer mediator.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate independent, extrajudicial settlement of online disputes between EU consumers and professionals. This platform is accessible at: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable Law

These general terms are subject to German law. The competent courts are the German courts.

This applies to both substantive and procedural rules. In case of dispute or claim, the buyer will first contact the seller to seek an amicable solution.

Article 25 – Personal Data Protection

Data collected

Personal data collected on this site includes:

Account creation: first and last names, payment data, location data
Login: first and last names, payment data, connection, usage and location data
Profile: when using site services, a profile may include an address and a phone number
Payment: for payment of products/services, financial data relating to the user’s bank account or credit card are recorded
Communication: when the site is used to communicate with other members, related communication data are temporarily stored
Cookies: cookies are used when using the site. The user may disable cookies in the browser settings.

Use of personal data

Personal data collected from users is intended to provide website services, improve them, and maintain a secure environment. Specifically, data is used for:

user access to and use of the website;
management and optimization of website operation;
organization of payment service terms;
verification, identification and authentication of data transmitted by the user;
offering the user the ability to communicate with other users of the website;
implementation of user support;
personalization of services by displaying ads based on the user’s browsing history and preferences;
prevention and detection of fraud and malware and management of security incidents;
management of potential disputes with users;
sending commercial and promotional information based on the user’s preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

when the user uses payment services, the website works with third-party banking and financial companies to implement these services;
when the user publishes information in the site’s public comment areas;
when the user authorizes a third-party website to access their data;
when the website uses service providers for user support, advertising and payment services. These providers have limited access to user data to perform their services and are contractually obliged to use it in compliance with applicable personal data protection regulations;
where required by law, the website may transmit data to respond to claims made against it and to comply with administrative and judicial procedures;
if the website is involved in a merger, acquisition, asset sale or insolvency proceedings, it may transfer or share all or part of its assets, including personal data. In this case, users will be informed before personal data are transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, the internet is not a completely secure environment and the website cannot guarantee the security of information transmission or storage on the internet.

Exercising users’ rights

Under applicable data protection regulations, users have the following rights, which they may exercise by sending a request to: fashionspowershop@gmail.com

right of access;
right to rectification;
right to erasure;
right to restriction of processing;
right to object;
right to data portability.

Changes to this clause

The website reserves the right to make any changes to this personal data protection clause at any time. In the event of a change, the website undertakes to publish the new version on its site. It will also inform users of the change by email at least 15 days before the effective date. If the user does not agree with the terms of the new wording, they may delete their account.

Terms and Conditions

Preamble