ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
1.1
These General Terms and Conditions that have been made available online by the Seller on xxx govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.
ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT
2.1
An Agreement will be concluded by the Buyer and the Seller exclusively by means of the Seller’s acceptance of an Order (the offer) from the Buyer that has been placed on or via the Website in the following manner:
—The Buyer has selected the Product desired in the desired style and has added the Product to the shopping cart.
—The Buyer has followed and completed the following steps:
– Step 1: The Buyer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired.
—Step 2: The Buyer has checked the order.
—Step 3: The Buyer has selected the payment method desired and has made a full advance payment.
—The Order has been placed when the payment has been marked as received.
—The Buyer will receive a confirmation of the Order that has been placed in an electronic manner (via the Website). If the Order has been accepted by the Seller, the Seller will send the Buyer a confirmation, by e-mail, as soon as possible after the Order has been placed.
2.2
The Seller will be entitled to reject the Order placed by the Buyer in the following cases, among others:
—If the total value of the Order is above € 1000.00
—If the information that the Buyer has filled in is incorrect and/or incomplete, or if the Seller is reasonably entitled to doubt whether that is the case.
—If the Buyer’s payment is not received within the agreed term.
—If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past.
—If the Buyer in the past has failed to accept and/or collect Orders that he/she placed with the Seller.
—If there is an obvious mistake or clerical error, for example in the prices indicated on the Website.
—If the delivery address desired is not located in the European Union.
The Seller will notify the Buyer as quickly as possible if an Order is not accepted.
2.3
The Agreement and these General Terms and Conditions, constitute the entire agreement between the Buyer and the Seller with respect to the use of the Website and the placement and execution of an Order.
ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES
3.1
Shipment will be made using a carrier designated by the Seller.
3.2
After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price if the Buyer has chosen for advance payment and unless the parties have agreed on a longer delivery period.
3.3
The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.
3.4
The Buyer will receive notice within 14 (fourteen) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Buyer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.
3.5
The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are given to the forwarder and the Products sent.
3.6
For shipment outside the European Union, the Seller will bear the costs of customs and taxes. We invite to contact us beforehand if specific instructions have to be given.
ARTICLE 4. PRICE AND PAYMENT
4.1
The prices indicated on the Website are denominated in euros, are inclusive of Value Added Tax (VAT) (if applicable) and are exclusive of shipping costs. The shipping costs will be charged separately in respect of each Agreement. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
4.2
The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
4.3
Payment may be made using the methods indicated on the Website and must be made before the Product has been delivered.
4.4
The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.
4.5
In the event that the Buyer exceeds the term for payment he/she will be in default by operation of law, and the Seller will be entitled to charge statutory interest on the outstanding amount as from the due date.
ARTICLE 5. RIGHT TO RETURN
5.1
The Buyer will be entitled to return the Product that has been delivered, within a term of 14 days after the Product has been received, without stating his/her reason for doing so, in the manner indicated by the Seller, provided that the Product has not been used (trying on clothing is permitted), is undamaged and (insofar as possible) is in the original and undamaged packaging. Any costs made for returning the goods will be for the Buyers account and shipping or packaging expenses will not be refund.
5.2
Products have to be returned using Paypal return procedure. Funds will be transferred back to the Buyer account through Paypal. The Seller will not be responsible for any lack of missing the Paypal procedure for refund.
ARTICLE 7. COMPLAINTS
7.1
All complaints have to be addressed to the Seller through the Paypal procedure for complaints. Complaints addressed by directly by email will be transferred to Paypal that will handle them according to their terms.
7.2
The Buyer will be obliged to inspect the Product when it has been delivered and to notify the Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
7.3
The Seller will respond to any complaints that it receives within a term of 14 days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.
7.4
The Buyer acknowledges that minor deviations, deviations that are generally considered acceptable and deviations that cannot be avoided or that are difficult to avoid in respect of the quality, size, colour, finishing, etc. of the Products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the fact that certain articles have been taken out of the product range, are not well founded. The Seller will not be liable for any damage that the Buyer sustains as a result of such complaints.
7.5
The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.
ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS
8.1
Any and all marks, product names, logos, models and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
8.2
The Seller refers to the disclaimer with regard to the intellectual property rights in respect of the Website.
ARTICLE 9. RETENTION OF TITLE
9.1
The Seller will retain the title in respect of any and all goods to be delivered until the following obligations towards the Seller have been complied with in full:
—the performance and obligations (including payment obligations) that the Buyer owes/has in respect of any and all goods that have been or that will be delivered in accordance with the agreement; and
—claims on the ground of the Buyer’s breach in respect of his/her compliance with this agreement.
ARTICLE 10. GUARANTEE AND LIABILITY
10.1
The Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.
10.2
The Seller refers to the disclaimer with regard to its liability in respect of the Website and the use of the Website.
ARTICLE 11. APPLICABLE LAW
11.1
The Agreement between the Buyer and the Seller is governed by the French law and will be resolved by the Seller right place of jurisdiction.