GENERAL TERMS AND CONDITIONS
OFFICINE GENERALE (hereinafter “OFFICINE GENERALE”) sells ready-to-wear products and accessories under the brand “OFFICINE GENERALE”.
In order to meet the requirements of customers and in parallel to the sale of the Products in retail outlets, OFFICINE GENERALE has decided to create and operate an Internet-based distance selling network for some of its Products.
The system implemented for this purpose, which requires the active involvement of the customer, complies with the necessary requirements for distance selling (and in particular, the requirements of articles L. 111-1, L.113-3 and L. 121-16 of the French Consumer Code). The use of the distance selling process described in these terms of sale (hereinafter the “TS”) is reserved only for consumers, in the sense ascribed by the law and case law, acting exclusively on their own behalf.
› ARTICLE 1 - DEFINITIONS
› ARTICLE 2 - SCOPE OF THE GTC
› ARTICLE 3 - PRODUCTS
› ARTICLE 4 - ORDERING PRODUCTS ON THE WEBSITE
› ARTICLE 5 - PRODUCT PRICES
› ARTICLE 6 - CONDITIONS FOR PAYMENT OF THE PRICE OF THE PRODUCTS
› ARTICLE 7 - DELIVERY OF ORDERED PRODUCTS
› ARTICLE 8 - TRANSFER OF OWNERSHIP / TRANSFER OF RISK
› ARTICLE 9 - RIGHT OF WITHDRAWAL / RETURNS OF ORDERED PRODUCTS / EXCHANGES
› ARTICLE 10 - SELLER LIABILITY / GUARANTEE / CONFORMITY / AFTER-SALES SERVICE
› ARTICLE 11 - FORCE MAJEURE
› ARTICLE 12 - DATA PROTECTION
› ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
› ARTICLE 14 - APPLICABLE LAW / LANGUAGE
› ARTICLE 15 - DISPUTE
› ARTICLE 16 - PRE-SALE INFORMATION / ACCEPTANCE BY THE CUSTOMER
ARTICLE 1 - DEFINITIONS
Whenever used within the body of these TS, the below words and expressions when capitalised shall have the following definition, whether used in the singular or the plural, unless the text specifies another interpretation:
"Article" means an article of the TS.
"Customer" means any customer, buyer, natural person of adult age with full legal capacity, who is neither a professional nor a trader and acts in the capacity of a consumer in the sense of the relevant legal and case law provisions, and conducts a purchase of any Product on the Website.
"TS" means these terms of sale for the distance selling via the website of any Product by the Seller to the Customer.
"Trademark" means the following trademarks: “OFFICINE GENERALE, 157, blvd st germain, Paris” registered as a French trademark, Community trademark and international trademark, owned by OFFICINE GENERALE.
"OFFICINE GENERALE" or "Seller" means the seller of the Products via the Website, namely “OFFICINE GENERALE”, a French simplified joint-stock company (‘société par actions simplifiée’) with share capital of 22,030 Euros and registered office at 29, Rue de Buci, Paris (75006), listed in the Paris trade register with the number 750 191 611, with EU VAT number FR 51 750 19 16 11. The company’s contact details are: telephone: +33 (0)1 85 09 63 70; e-mail: firstname.lastname@example.org.
"Party" means individually the Seller or any Customer, and in the plural means both the Seller and a Customer.
"Products" means the products and accessories under the Trademark, in particular of the ready-to-wear type, such as clothing, shoes, hats, leatherwork, handbags etc., manufactured and sold by or for OFFICINE GENERALE, or products of any of the Seller’s sales partners that are sold via the Website.
"Customer Service" means the Seller’s customer service department located at the Seller’s registered office, where the Customer may in particular exercise their right of withdrawal, make complaints or obtain commercial information. Customer Service is open from Monday to Friday from 09:30 to 12:30 and 14:00 to 18:30. Its contact details are: telephone: +33 (0)1 85 09 63 70 / e-mail: email@example.com
"Website" means the Web shop at the address ‘www.officinegenerale.com’, which in particular is an e-commerce website, accessible via the internet to any internet user. It is created and maintained by the Seller. The director of the publication is Mr Pierre MAHEO. Additional details can be found in the “Legal notice” tab on the Website.
ARTICLE 2 - SCOPE OF THE GTC
The TS apply without any restriction or reservation to all sales of the Products conducted by the Seller to any Customer wishing to acquire a Product (or several Products) offered for sale by the Seller on the Website. The TS apply to the exclusion of all other conditions, in particular those applicable for in-store sales or via other networks for the distribution and sale of the Products. These TS are available on the Website at any time and shall prevail, when necessary, over any other version or any contradictory document.
The Products offered for sale on the Website are offered for sale in France, and in the countries of the European Union and outside the European Union listed on the Website under the tab "Help > Delivery".
The Seller reserves the right to make modifications to the TS at a later date by publishing a new version on the Website. The version applicable to the Customer’s purchase is the version in effect on the day of the placement of the order for the Products.
Unless proved otherwise, the data recorded in the Seller’s computer system shall constitute the evidence for all transactions conducted with the Customer.
In accordance with the provisions of article 1369-4 of the French Civil Code, the TS may be retained by any person visiting the Website by means of saving a computer record, and may be reproduced by means of printing; these TS shall be applicable for as long as they are available on the Website. In the event that, after the date on which they are deleted from the Website, the TS nonetheless remain accessible to the public via other Internet sites or any other means, the TS shall no longer be binding upon the Seller.
ARTICLE 3 - PRODUCTS
The Products that may be sold on the Website are described by the Seller with the greatest possible accuracy by providing the Customer (a) with a description of each Product using all technical available information to enable the Customer to understand the main characteristics of the Products (available size, colour, composition and any particular characteristics) and also possibly (b) with a photograph depicting the Products as faithfully as possible, without this photograph being binding or engaging the Seller’s liability, with Customers being able to obtain additional information by contacting Customer Service by telephone.
The Customer declares that they have understood the essential characteristics of the Products and the information indicated on the Website in compliance with legal provisions, in particular articles L.111-1 and L.113-3 of the French Consumer Code and the ministerial decree of 3 December 1987 on Consumer Pricing Information, and that they have acknowledged this information prior to placing any order.
The choice and purchase of any Product is the sole responsibility of the Customer, meaning that the Seller may not be held responsible for minor errors.
ARTICLE 4 - ORDERING PRODUCTS ON THE WEBSITE
The sales information is provided solely in French and English and is confirmed, at the latest, when the Customer confirms their order.
All necessary steps for the sale shall be specified on the Website in accordance with the provisions of article 1369-4 of the French Civil Code and as specified herein. Under the provisions of the aforementioned article, the Customer shall have the ability, prior to finally confirming their order, to verify the details of their order and its total price and to correct any errors, before confirming the order and thereby expressing their acceptance. Once the Customer has confirmed their order, the Seller shall confirm receipt of the order in accordance with the terms specified in article 4.3.
It is the responsibility of the Customer to select on the Website the Products they wish to order, in accordance with the following terms:
4.1 - ORDER REGISTRATION
Prior to making any order, the Customer must create a “customer account” by filling out a registration form and choosing a password. The information must strictly and obligatorily be provided sincerely, as it constitutes the means of identifying the Customer and is necessary for the processing and delivery of the order, as expressly acknowledged by the Customer.
The Customer may place orders via the personal customer account that is thereby created by selecting the Products and clicking on the “add to basket” button. In the event of prolonged inactivity after login to the site, it is possible that the selection of Products chosen prior to this period of inactivity may no longer be guaranteed; the Customer will be asked to resume selecting Products from the beginning.
Product offers are applicable while stocks last and for as long as they are visible on the Website. Information regarding the availability of the Products is supplied when placing an order.
4.2 - ORDER CONFIRMATION
When they have finished selecting the Products in their “basket”, the Customer may check the contents of the “basket” and may either modify the basket (quantity of Products, removing Products) or continue with their shopping, or finally confirm their order prior to payment by clicking on the “order” button.
Any Product order placed on the Website constitutes the establishment of a remotely concluded contract between the Customer and the Seller.
The sale shall only be considered definitive once the Customer has been sent confirmation of the Seller’s acceptance of the order by e-mail and after the Seller has verified the absence of any errors and collected the full price of the sale.
The order confirmation shall specify the shipment of the Products.
4.3 - RECEIPT / ORDER TRACKING
After making payment, the Customer will receive a receipt summarising their order at the e-mail address they specified when creating their personal account on the Website. It is the responsibility of the Customer to verify that the order is accurate and to report any errors immediately.
The Customer may track the progress of their order on the Website by accessing the “order tracking” section from within their personal account.
4.4 - REJECTIONS OF ORDERS
In accordance with the provisions of article L. 122-1 of the French Consumer Code, the Seller reserves the right to cancel or reject any order that is placed in bad faith or any order placed by a Customer with whom there is an ongoing dispute relating to payment of a previous order.
ARTICLE 5 - PRODUCT PRICES
The Products are sold at the applicable prices displayed on the Website when the Seller logs the order. Prices are given in Euros, inclusive of all tax for France, and, subject to exceptions, for countries in the European Union and for other countries and territories. The applicable VAT rate is that applicable in France on the date the order is placed.
These prices are fixed and cannot be adjusted during their validity period as indicated on the Website. They do not include charges for processing, shipping, transport or delivery, which are billed separately to the Customer and indicated in the total price to be paid.
When the delivery address is in Corsica or a country outside the European Union, any customs fees, charges or other costs resulting from the importing of the Products into the country of delivery, over which the Seller has no control, shall be the responsibility of the Customer, who acknowledges and agrees this. In such cases, information relating to the payment of additional fees shall be indicated on the Website and upon placement of an order by any Customer who indicates a delivery address outside of France, in Corsica and in a country outside the European Union.
The default currency is the Euro. However, on the Website the Customer may view a price in US Dollars or in Pounds for each of the selected products, on the understanding that this price in US Dollars or Pounds shall be only an estimate for information purposes, and that the payment shall be made by the Customer in Euros.
In spite of the Seller’s best efforts, it is possible that some Products sold on the Website may be erroneously priced. When processing the Customer’s order and prior to any payment, the price is verified. If the displayed price is erroneous and the real price is higher than the price displayed on the Website, the Seller may contact the Customer to ask whether they still wish to purchase the Product at the real price or if they prefer to cancel their order. If the Seller is unable to contact the Customer within five (5) days, the order will be cancelled. If the real price is lower than the displayed price, the Customer will be billed the lower price.
After three unsuccessful consecutive attempts to process payment, the order will be cancelled and the Customer will be asked to contact Customer Service.
An invoice shall be created by the Seller and issued to the Customer for the ordered Products, including the details of the prices of the Products and any fees related to the sale. When the Customer places and confirms their order, they shall be provided with a summary of this invoice, in accordance with article L.121-19 of the Consumer Code. The Customer shall have access to the invoice in PDF format by downloading it from their account or by asking Customer Service for a copy.
ARTICLE 6 - CONDITIONS FOR PAYMENT OF THE PRICE OF THE PRODUCTS
The price of the Products is payable in cash in full on the day that the Customer confirms their order, by secure payment using one of the following methods:
- by credit card: Visa, MasterCard, Carte Bleue, EuroCard;
- by Paypal.
Payment is made via the secure payment platform Paybox System using the S.S.L. (Secure Socket Layer) protocol and 3D Secure.
The Customer confirms to the Seller that they are the owner of the credit card and that the name on the credit card to be charged is indeed their name, and then provide within a secure environment on the Website the number and expiration date displayed on the front of their credit card as well as the numbers from the security code displayed on the back (or front) of their credit card.
The Seller reserves the right, in the event of failure to comply with the aforementioned conditions of payment, to suspend or cancel the delivery of outstanding orders placed by the Customer. No additional fees in addition to the fees borne by the Seller for the use of a payment method may be billed to the Customer.
In the event that, for any reason (blocked card, rejection by the issuer etc.), the price owed by the Customer cannot be charged, the sale will be immediately terminated and the order cancelled.
For payments on the Website, an online check may be conducted with the competent organisations and banking institutions.
ARTICLE 7 - DELIVERY OF ORDERED PRODUCTS
7.1 - DELIVERY TO A PERSONAL ADDRESS
Subject to the provisions of Article 7.2 concerning “Delivery to store”, the Seller shall strive to deliver the Products ordered by the Customer within an expected period of three (3) working days minimum and fifteen (15) working days maximum from final confirmation of the order on the Website for deliveries in France and within a maximum period of thirty (30) working days in other territories or countries depending on the delivery conditions and the place of delivery, and subject to full payment of the price of the order. During promotions and/or private sale periods, these periods may be increased by five (5) working days.
Details of estimated delivery times for all destinations are available in the Help > Delivery section.
The Products will be delivered to the address specified by the Customer when finally confirming their order (or to the residence of any natural person chosen by the Customer, on the condition that no delivery is possible to hotels or P.O. boxes).
Except for in specific cases or where one or several Products are unavailable, the ordered Products will be sent in a single delivery. Deliveries are conducted by an independent courier. Details of the couriers used for each destination are available in the Help > Delivery section.
The Seller undertakes to make their best efforts to deliver the Products ordered by the Customer within the timeframe specified above. If the ordered Products have not been delivered within thirty (30) working days of the final confirmation of the order, for any reason other than force majeure, the sale may be cancelled at the written request of the Customer by e-mail. The amount paid by the Customer will then be returned to the Customer without delay, excluding any compensation or deduction.
Delivery is considered complete once the ordered Products have physically been handed over to the Customer.
When delivery is to a country outside the European Union, the Customer acknowledges and agrees that the delivery time may be prolonged until any costs relating to customs charges and import fees have been paid by the Customer. If the Customer fails to pay these costs within fifteen (15) days of making the order, the order will be considered cancelled and any fees incurred by the Seller will be deducted from the reimbursement of the order.
Finally, the Customer acknowledges and agrees that, when delivery is to a country outside of France and the European Union, they are considered the importer of the Product from abroad and therefore agree to comply with the laws and regulations of the country where the delivery takes place. Cross-border deliveries are therefore liable to be opened and inspected by customs authorities.
7.2. DELIVERY TO STORE
When placing an order on the Website, the Customer may select “Delivery to store” and select a store whose address will be indicated when selecting this option from among the Seller’s stores that offer the Customer this option. The order will be available from the store selected by the Customer within a period specified by the Seller (by e-mail), subject to full payment of the price. The Customer will have a period of fifteen (15) working days to collect the order from the selected store, by submitting a copy of the email sent by the Seller and a valid identity document when requesting to collect the product. The order will be provided to the customer upon submission of a valid identity document and signature of a collection order. If the order is not collected within the aforementioned period, the order will be automatically cancelled and the Customer will then be refunded for the price paid.
The Customer may ask a person of their choosing to collect the order on their behalf, provided that this person submits their own identity document, that of the Customer, and a signed letter from the Customer authorising this person to collect the order in their name and on their behalf , as well as the email or SMS from the Seller.
ARTICLE 8 - TRANSFER OF OWNERSHIP / TRANSFER OF RISK
The transfer of ownership of the Products from the Seller to the Customer shall take place only upon full payment of the price of the Products ordered by the Customer, regardless of the date of delivery of the Products.
Regardless of the date of transfer of ownership of the Products, the related Transfer of risks of loss and damage shall take place only once the Customer takes physical possession of the Products.
ARTICLE 9 - RIGHT OF WITHDRAWAL / RETURNS OF ORDERED PRODUCTS / EXCHANGES
9.1 - RIGHT OF WITHDRAWAL
In accordance with the provisions of article L. 121-21 of the French Consumer Code, the Customer may exercise a right of withdrawal within a period of fourteen (14) calendar days from receipt of the Products to return these to the Seller, without having to provide a reason for this decision, for the purpose of an exchange or refund, provided that the Products are returned in their original packaging, complete and in perfect condition.
Any damaged, soiled or incomplete Products will not be recovered, exchanged, or refunded. In the event that several Products are delivered separately, the withdrawal period of fourteen (14) calendar days shall begin upon receipt of the last Product by the Customer.
Except when a Product is returned for lack of conformity or malfunction, the return costs shall be borne exclusively by the Customer.
The Customer shall notify the Seller of their exercise of the right of withdrawal (and may thereby return the ordered and received Products), by any of the following means:
(i) telephoning Customer Service;
(ii) visiting their personal account on the Website and selecting “My orders / product returns”;
(iii) returning the withdrawal form available on the website in the … section, in which case a receipt will be sent to the Customer on a durable medium;
(iv) by any other fully unambiguous declaration expressing the Customer’s desire to withdraw.
Regardless of which of the above forms of notification is used, prior to any return, the Customer must affix the order number to the return form. The return form must be included with all order returns. The Customer will be able to track the progress of returns using their personal account, in the “my returns” section of “my account”.
After issuing notification of their exercise of the right of withdrawal, the Customer must return the Product(s) in question either to one of the Seller’s stores at which Product returns are possible, or by sending the Product(s) by post to the Customer Service address, subject to the following conditions:
- the Product(s) must be returned in its original packaging, complete (boxes, accessories, padding, labels, booklets etc.) and along with a duly completed return form, a copy of which can be found in the Product’s package upon original delivery (also available on the Website), and a copy of the invoice;
- the direct costs of returning the Product(s) will then be borne by the Customer;
- the Customer must retain proof of this return, meaning that the Product(s) must be returned by recorded delivery or by any other means that enables precise dating, with the Customer bearing all costs and risks of the return.
The exchange (subject to availability and as specified in Article 9.2.) or reimbursement of the amounts paid for the returned Product(s) shall be made no later than fourteen (14) days after the date on which the Customer notifies the Seller of their exercise of the right of withdrawal and after the successful receipt by the Seller of the returned Product(s) in their original packaging, complete and in perfect condition.
The reimbursement of the total amount paid for the returned Product(s) (including the cost of delivery) shall be processed using the payment method used by the Customer when placing the order, i.e. by re-crediting the Customer’s bank account corresponding to the credit card used for the Customer’s payment. In accordance with article L. 121-21-4 of the French Consumer Code, any additional fees paid by the Customer due to their choice of a specific delivery type will not be reimbursed. When the delivery is to Corsica or a country outside the European Union, any customs fees, charges or other costs borne as a result of importing Products into the country of delivery will not be reimbursed by the Seller.
No refunds will be conducted in-store, and the above-described reimbursement of the order shall only be made if the entire order is returned. In the event of a partial return, the Customer shall not be reimbursed for the delivery costs.
Products that are returned incomplete, ruined, damaged, worn out, soiled or in any other condition possibly indicating that they have been used or worn, will be neither refunded nor exchanged and will be returned to the Customer. For shoes, the soles must also be intact: it is therefore highly advisable to try the Seller’s shoes out on a carpet or mat-type surface. Returns sent by cash-on-delivery will not be accepted.
9.2 - EXCHANGING PRODUCT(S)
The Customer may conduct an exchange of any delivered Product subject to the following conditions.
The Customer may choose either of the following courses of action within thirty (30) working days of the date of delivery:
(i) either proceed with the exchange remotely, in which case the Customer must contact Customer Service to arrange the terms for the return of the Product in its original packaging, complete (boxes, accessories, padding, labels, booklets etc.) and along with a duly completed return form addressed to Customer Service (subject to the conditions of Article 9.1. above), on the understanding that no new delivery may take place until the Seller received the Product in question, duly returned by the Customer;
(ii) or visit one of the Seller’s stores with the delivered Product in its original packaging, complete (boxes, accessories, padding, labels, booklets etc.) and along with a copy of the invoice in order to conduct an exchange (provided that the store processing the exchange offers the same category of Product as that of the Product being exchanged).
If a Product is exchanged, the initial sale will be cancelled. Payment for the new sale will be made by offsetting the amount for the previous sale, and any overpayment will either be refunded (up to €100) or re-credited to the Customer’s credit card or bank account, provided that the Customer contacts Customer Service for any remote exchanges.
When items are exchanged via Customer Service, the new sale shall be subject to these TS. Under the commercial exchange policy described in this article, the Seller reserves the right to refuse exchanges after two (2) successive requests. Further, any delivery costs paid by the Customer will not be refunded.
In all cases, the Customer acknowledges and agrees that the Product for which an exchange is requested may no longer be available in identical or similar form, and that the exchange may need to take place with a different Product.
ARTICLE 10 - SELLER LIABILITY / GUARANTEE / CONFORMITY / AFTER-SALES SERVICE
It is the Customer’s responsibility to verify that the delivered Product(s) conforms to their order.
Upon delivery, if the external appearance of the parcel is in some way defective, the Customer shall open the parcel in the presence of the courier in order to verify the condition of the Products. In the event of any damage, the Customer shall describe this in detail on the delivery slip.
In the event of lack of conformity in the delivered Product(s), the Customer may return the Product in question under the terms and within the timeframe described in Article 9, “Right of Withdrawal”.
If the Customer fails to follow this procedure and timeframe, the delivered Product(s) will be considered conformant and free of any obvious defects, and the Seller will be unable to validly accept any claims.
If the Customer requests to exchange the delivered Product(s), subject to stock availability, the Seller shall proceed with the exchange of the delivered Product(s) as soon as possible after confirming the obvious defects or areas of lack of conformity.
In the event of an exchange or refund, the terms and timeframe specified in Article 9 (“Right of Withdrawal”) will apply, with the exception of the cost of returning the Products, which will borne by the Seller on the understanding that the costs borne will be the postal fee for the return according to the pricing rate (for non-registered Colissimo delivery) published by the French postal service on 1 March of the year in question. If the Customer wishes to use another return method, any extra costs will be borne by them.
In accordance with legal provisions, the Products sold by the Seller are covered by the following:
- the legal guarantee of product conformity, specified by articles L. 211-4 and following of the French Consumer Code;
- the legal guarantee against latent defects arising from a material, design or manufacturing flaw in the delivered Products rendering them unsuitable for use, specified by articles 1641 and following of the Civil Code.
The Customer’s attention is drawn to the following principal legal provisions:
- article L. 211-4 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 L. 211-5 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 L. 211-12 of the French Consumer Code: "Action resulting from lack of conformity lapses two years after delivery of the product."
- article L. 211-13 of the French Consumer Code: "The provisions of the this section do not deprive the buyer of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which he is entitled under the law".
- article 1641 of the French Civil Code: "The seller is bound to a warranty against latent defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lower price for it if he had known of the defects".
- article 1648 para. 1 of the French Civil Code: "An action resulting from hidden defects must be brought by the buyer no later than two years after the discovery of the defect".
All guarantees are excluded in the event of (i) failure to comply with the legislation of the country or territory in which the Products are delivered, which it is the Customer’s responsibility to verify, (ii) the improper use, neglect, or failure to maintain the Product on the part of the Customer, and also in the event of normal wear of the Product, accidents or force majeure, with the Seller’s guarantee limited to replacing or refunding Products that lack conformity or feature defects.
The Customer is solely responsible for selecting, storing and using the Products. The Seller will not be considered responsible nor at fault for any delay or failure to act resulting from the occurrence of a force majeure event as normally acknowledged in French case law.
The Seller provides a Customer Service as an after-sales service for its Products. The Customer may contact Customer Service by telephone.
ARTICLE 11 - FORCE MAJEURE
The execution by the Seller of all or part of their obligations under the TS will be suspended in the event of a fortuitous or force majeure incident as defined by case law. The following is a non-exhaustive list of events considered to constitute force majeure: war, riots, insurrection, public disturbance, strikes of any kind, supply problems of any kind that the Seller encounters that are not the Supplier’s doing and which delay the implementation of these terms of sale.
The Seller shall inform the Customer of any fortuitous or force majeure incident within fifteen (15) days of the event arising. After a total period of thirty (30) days of interruption of performance of the contract due to force majeure, the Customer will have the option of cancelling the order being processed, and will be reimbursed subject to the conditions specified in Article 9.2. of the TS.
ARTICLE 12 - DATA PROTECTION
In accordance with law 78-17 of 6 January 1978, it is recalled that information of a personal nature collected by the Seller is processed electronically in order to ensure the handling and monitoring of Product orders placed by Customers, and thereby to create related invoices. The collected information is therefore strictly necessary to the processing and monitoring of the Customer’s requests and orders, in order to better meet their needs and to prevent any fraudulent use of their payment methods or identity.
This data and/or information is intended for persons authorised by their role to access such information, within the Seller or, where applicable, authorised third parties.
The processing of the provided data and/or information has been the subject of a declaration in accordance with the provisions of the French Data Protection Act no. 78-17 of 6 January 1978, modified by law no. 2004-801 of 6 August 2004, issued to CNIL (National Commission for Information Technology and Civil Liberties).
As part of the “Delivery to store” service, and upon in-store collection of Products order on the Website by the Customer, the Seller may be required to verify the card used for payment and the Customer’s identity document. A copy of the Customer’s identity document, and where applicable a copy of the identity document of the person authorised by the Customer, may be made in store, for the exclusive purpose of ensuring the Customer’s security and preventing any fraudulent use of the Customer’s payment methods or identity.
The Customer is reminded that, in accordance with articles 38 and following of the aforementioned Data Protection Act, they have (i) a right to object (for legitimate reasons), free of charge, to the processing or use of their personal data for canvassing purposes, in particular of a commercial nature, by the current or subsequent controller of the data processing, (ii) a right to access, and to the rectification or removal of data or information relating to them that is no longer pertinent. This right may be exercised subject to the terms and conditions available on the Website or by contacting Customer Service.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
The Seller is the owner and shall remain the exclusive owner of the Trademark and of all trademarks, whether pictorial or non-pictorial, and more generally of all illustrations, images and logos featured on the Products, their accessories or packaging, whether registered or unregistered. Any full or partial reproduction, modification or utilisation of these trademarks, illustrations, images and logos, for whatever reason and on whatever media, without the express prior consent of the Seller, is strictly forbidden. The same applies for any combination or amalgamation with any other trademark, symbol, logo and more generally any distinctive sign for the purpose of creating a composite logo. The same shall apply for all copyrights, designs, models and patents that are the property of the Seller.
The Seller remains the user or owner of all intellectual property rights to photographs, images, presentations, studies, designs, models etc. created in view of the sale of the Products to the Customer. The Customer therefore agrees to refrain from any reproduction or exploitation of such photographs, images, presentations, studies, designs, models etc. without the prior, written and express consent of the Seller, who may make this conditional on financial compensation.
The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property and in particular copyrights, trademarks and patents.
Any full or partial reproduction of this content is strictly forbidden and may constitute a counterfeiting offense.
ARTICLE 14 - APPLICABLE LAW / LANGUAGE
The TS are governed by and subject to French law. The TS are drawn up in French and English. If they are translated into one or several languages, only the French text shall prevail in the event of a dispute.
ARTICLE 15 - LITIGES
Any disputes arising as a result of the TS, whether concerning their validity, interpretation, execution, annulment, consequences or repercussions, and which cannot be settled amicably between the Seller and the Customer, shall be subject to the exclusively to the French courts having jurisdiction under the conditions of ordinary law.
The Customer is informed that in accordance with articles R. 152-1 to 156-4 of the French Consumer Code, they are entitled in all cases to use the services of a consumer mediator for the purpose of amicably resolving a dispute between them and the Seller. The Seller proposes the services of a trade mediator specialising in ready-to-wear clothing and fashion designers. The Customer may contact the mediator at … via the intermediary of the French Federation of Fashion, Prêt-à-Porter Couturiers and Fashion Designers (Fédération française de la couture, du prêt-à-porter, des couturiers et des créateurs de mode).
The Customer is also informed that under European regulation no. 524/2013 on online dispute resolution for consumer disputes, they may settle their dispute (arising from the sales contract) with the Seller using the “ODR” platform. This platform will act as a single point of contact between the Seller and the Customer.
ARTICLE 16 - PRE-SALE INFORMATION / ACCEPTANCE BY THE CUSTOMER
The Customer acknowledges that they have been informed and/or made aware of, prior to concluding any sale of the Products on the Website, the TS and all the information and details specified in article L.121-19 of the French Consumer Code, in particular:
- the principal characteristics of the Products and of any proposed services included in the sale of the Products, in view of the communication medium used and the services involved;
- the Seller’s identity (company name, geographical address of the company, and telephone number);
- the total price of the Products and/or services inclusive of all tax or, when the price cannot reasonably be calculated in advance due to the nature of the service, the method for calculating the price and, if appropriate, any additional costs or, when these costs cannot reasonably be calculated in advance, notification of the fact that such costs may be incurred;
- as appropriate, the methods for payment and processing, the date on which the Seller undertakes to perform the service or sell the Product, and the proposed terms for processing any claims;
- a reminder of the legal guarantees and the terms for implementing these guarantees as well as the contractual guarantees, the existence of an after-sales service, and commercial guarantees, where applicable, as well as the related conditions;
The Customer’s placement of an order on the Website signifies their full adhesion to and acceptance of the TS, as expressly acknowledged by the Customer, who in particular waives recourse to any contradictory document, with such documents not being binding upon the Seller; it is understood that prior to placing the order, the Customer has accepted the TS and confirms that they have taken them into account.