These General Terms and Conditions of Sale are up to date on April 1, 2020
1.1. These General Conditions of Sale (hereinafter '' GTC '') are offered by the company Dressologie (hereinafter '' The Company ''), SAS with a capital of 100 euros, registered in the Trade and Companies Register Paris under number 879 988 368, represented by its President Sophie Barbosa, whose registered office is 18 avenue Pierre 1er de Serbie, 75116 Paris, France. Its email address is firstname.lastname@example.org and its individual intra-community VAT identification number FR 21 879 988 368.
1.2. The company is the owner and publisher of the website www.dressologie.com (hereinafter ‘’ the Site ‘’). The Site is hosted by Amazon Web Services EMEA SARL, domiciled at 38 avenue John F. Kennedy, L-1855 Luxembourg, reachable at 352 2789 0057.
1.3. The publication director is Sophie Barbosa.
1.4. The Site is a marketplace offering the customer (hereinafter "the Customer") the opportunity to buy products from partners (the "Partners"), ethical and eco-responsible fashion brands (the '' Products ''). As a marketplace, Dressologie promotes and markets the Products, which are sold and shipped directly by Partners.
1.5. Before any use of the Site, the Customer must ensure that he has the technical and IT resources enabling him to use the Site and order the Products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his material / equipment is in good condition and does not contain any viruses.
2. APPLICATION AND OPPOSABILITY OF THE GTC
2.1. The purpose of these GTC is to define all the conditions under which the Company markets the Products as offered for sale by Partners on the Site to Customers. They therefore apply to any Order (‘’ Order ‘’) of Products placed on the Site by the Customer.
2.2. The Customer declares to have read and accepted these GTC before placing their Order.
2.3. The validation of the Order therefore implies acceptance of these GTC. These are regularly updated, the applicable GTC are those in force on the Site on the date of placing the Order.
2.4. Any contrary condition posed by the Customer would therefore, in the absence of express acceptance, be unenforceable against The Company regardless of when it may have been brought to its attention.
2.5. Any failure or delay in the exercise of a right granted by any provision of these GTC by the Company cannot be interpreted as being a waiver of any provision of these GTC at a later date.
3. ORDERING PRODUCTS ON THE SITE
3.1. The Company reserves the right to correct the content of the Site at any time.
3.2. The products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the product (s) does not engage the responsibility of The Company and does not affect the validity of the sale.
3.3. The Customer selects the Product (s) he wishes to buy, and can access the summary of his Order at any time.
3.4. The summary of the Order presents the list of product (s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the product (s) of the Order. The Customer can modify his Order and correct any errors before accepting his Order.
3.5. After accessing the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the GTC, then by clicking on the validation icon of the Order. The mention “Order with obligation to pay” or an unambiguous similar formula appears next to the validation icon of the Order in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
3.6. After acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably. Note that the Company is committed subject to the availability of Products from Partners (See ARTICLE 4.7 of these GTC).
3.7. In order to be able to make the payment, the Customer enters the contact details to which he wishes to obtain delivery of the product (s) ordered, and invoicing if they are different. The delivery process for the product (s) ordered is described in ARTICLE 5 of these GTC.
3.8. After having validated their delivery and billing details, the Customer proceeds to pay for their Order according to the methods specified below.
3.9. The Company then sends him an Order confirmation by email, containing the elements of the summary of his Order and the delivery addresses and, where applicable, invoicing addresses.
4. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER
4.1. The prices are mentioned on the Site in the descriptions of the products, in euros and all taxes included, excluding any additional customs fees which might be paid by Customers outside the European Union.
4.2. The total amount is indicated in the summary of the Order, before the Customer accepts these GTC, validates his Order, informs and validates his delivery and billing details and if necessary invoicing and proceeds to payment. This total amount is indicated in all taxes included, excluding any additional customs fees which might be paid by Customers outside the European Union.
4.3. The Order of products on the Site is payable in euros. The entire payment must be made on the day of the Order by the Customer, by bank card, except special conditions of sale expressly accepted by the Customer and the Company.
4.4. In the event of payment by bank card, the Site uses the security system of Mercanet, a service provider specializing in the security of online payments. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by bank card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored by computer by the Company.
4.5. The Customer guarantees to the Company that he has the necessary authorizations to use the payment method, when placing the Order.
4.6. The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of default or partial payment of any sum which may be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
4.7. As the Products are sold and shipped by the Partners, the Company reserves the right to cancel all or part of the Orders for which the Partner (s) would no longer have available stock and therefore would not be able to fulfill the Order. The amount corresponding to the sale of the products in question and any delivery costs, will, if necessary, be fully returned to the Customer.
5.1. The product (s) offered on the Site can be delivered in accordance with the delivery policies of each Partner, and which are detailed on the Site in the "Delivery and Returns" section.
5.2. Partners will be responsible for the proper delivery of each Order. The Company will make available to the Customer a Customer Service which will contact the Partner so that it can provide the Customer with the information it would like to obtain on the delivery of its Orders.
5.3. The Customer must ensure that the information communicated referred to in article 3.7 of these GTC is correct, and that it remains so until complete delivery of the product (s) ordered. The Customer therefore agrees to inform The Company of any change in billing and / or delivery details that may occur between the Order and delivery, by sending, without delay, an email to the Customer Service email address. Failing this, in the event of delay and / or error in delivery, the Customer may in no case engage the responsibility of the Company or the Partner in the event of failure to deliver.
5.4. The Company and the Partner will also not be liable if the non-receipt of the products is due to a third party outside their intervention or in the event of theft.
5.5. In case of return of the Order due to the absence of the Customer, the Customer Service of the Company or of the Partner will contact the Customer for a second delivery chargeable to the Customer.
5.6. The Customer may request information relating to the delivery of his Order by contacting the Customer Service whose contact details are given in ARTICLE 6 of these GTC
6. CUSTOMER SERVICE
6.1. For any request for information, clarification or any complaint, the Customer must contact, in priority, The Customer Service of The Company, in order to allow the latter to try to find a solution to the problem.
6.2. The Company's Customer Service is accessible at all times at the following contact details:
- email: email@example.com
- mail: 18 avenue Pierre 1er de Serbie, 75116 Paris, France
7. LEGAL AND COMMERCIAL GUARANTEES
All products offered by Partners via the Company are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and the guarantee of hidden defects provided for in articles 1641 and 1648, first paragraph, of the Civil Code applicable in France.
If a Customer considers that he has received a product which he considers to be defective or non-compliant, he must contact Dressologie or the Partner as soon as possible after receipt of the Order, using the contact details and in the conditions indicated in the package received, in specifying the defect or non-conformity involved.
It will be up to the Customer to provide any justification as to the designation of the apparent defects and / or anomalies noted. The Customer must leave to the Partner any facility to establish these defects or non-conformities and to remedy them if necessary. He will not intervene himself or involve a third party for this purpose.
If the defects and / or anomalies are confirmed by the Partner, the latter will then send the Client instructions on how to proceed after having read the complaint thus formulated and, if necessary, will replace or reimburse the product of which it would have been led to note the lack of conformity, or the defectiveness.
The Company remains at the disposal of the Customer as much as necessary to guide it in its dealings with the Partner and can be contacted at the following electronic address: firstname.lastname@example.org, or by mail at the following address: 18 avenue Pierre 1er de Serbie, 75116 Paris, France
8. OBLIGATIONS OF THE CLIENT
8.1. The Customer undertakes to comply with the terms of these GTC.
8.2. The Customer agrees to use the Site in accordance with the instructions of the Company.
8.3. The Customer agrees that he uses the Site only for his personal use, in accordance with these GTC. In this regard, the Customer agrees to refrain from:
- To use the Site in any illegal way, for any illegal purpose or in any way incompatible with these Terms.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in form readable by the Customer, attempt to discover any source code or use any software activating or including all or part of the Site.
- To attempt to obtain unauthorized access to the Site's computer system or to engage in any activity that disrupts, reduces the quality or interferes with the performance or deteriorates the functionality of the Site.
- To use the Site for abusive purposes by voluntarily introducing viruses or any other malicious program into it and to attempt to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company and / or to resell or attempt to resell the products to third parties.
- To disparage the Site and / or the products as well as the Company on social networks and any other means of communication.
8.4. If, for any reason, the Company considers that the Customer does not comply with these GTC, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.
9. RIGHT OF WITHDRAWAL
9.1. In accordance with articles L.221-18 and following of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Company, without have to justify reasons or pay a penalty.
9.2. To exercise their right of withdrawal from the Order, the Customer must notify their decision to withdraw by means of an unambiguous declaration, without justifying reasons. The Customer can communicate his decision of withdrawal to the Company by any means, in particular by sending it by email to email@example.com.
9.3. In the event of notification to the Company by the Customer of its decision to withdraw, whatever the means used, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
9.4. The Customer must return the product (s) in the same condition as that in which he or she received it (them), that is to say completely new and having never been worn / used, and with all the packaging elements, labels and any accessories (even if the product (s) has or have been unpacked), as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract. No return of damaged product (s), already worn / used, stained, incomplete or whose labels/tags have been removed will not be accepted. The product (s) must imperatively be returned directly to the Partner, in accordance with the Partner's return procedure which will appear in the package received, and under the conditions (in particular deadlines, cost and packaging of returns) set by the Partner in question. In accordance with the law, the Customer bears the cost of returning the product (s), except where the Partner's return policy includes the possibility of free returns. In any case the product (s) must not be returned to the Company (Dressologie), which will not be able to process this return.
9.5. In the event of withdrawal by the Customer, the reimbursement of the product (s) which has been or have been the subject of the right of withdrawal is made by the same means of payment as that used for the initial transaction, unless the Customer and the Company expressly agree in a different way and / or in the case of the sale of products on order, where the customer may be required to be reimbursed by check or bank transfer. In any event, this reimbursement will not incur costs for the Client. The refund will be made as soon as possible from the moment the returned package has been received by the Partner and the latter has verified the condition of the product (s) and confirmed the acceptance of the return. The Customer can in no case be reimbursed until the return of the product (s) for which he wishes to withdraw has not been made or if the product (s) is or have been returned in a condition not in compliance with the conditions indicated above.
9.6. In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his responsibility is engaged with regard to the Company only for a depreciation of the product (s), returned following the exercise of its right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
10.1. The Company implements with Partners all measures to ensure the Customer the supply, under optimal conditions, of quality product (s). However, it cannot in any case see its responsibility engaged for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the Partner, or to the unpredictable and insurmountable fact of a third party foreign to contract, or in a case of force majeure. More generally, if the responsibility of the Company were engaged, it could in no case agree to compensate the Customer for indirect damage or damages whose existence and / or quantum was not established by evidence.
10.2. The Site may contain links to other sites not edited or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
10.3. The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and must not be interpreted as an express or tacit endorsement by the Company of these sites and these elements nor of their content.
10.4. The Company is not responsible for the availability of these sites and cannot control the content or validate the advertising, the product (s) and other information disseminated on these websites.
10.5. It is expressly stipulated that the Company cannot in any case be held responsible, in any way whatsoever, for the case where the IT equipment or the electronic mail of the Customers rejects, for example due to anti-spam, e-mails sent by the Company of whatever nature, and in particular those relating to Orders.
10.6. The Client is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
The Customer undertakes not to jeopardize the security of the Site. To this end, he undertakes not to carry out any fraudulent access and / or maintenance in the information system of the Company. The Customer may not infringe or hinder the information system of the Company. Otherwise, the Company may take any measure against it and in particular engage its criminal responsibility under articles 323-1 and following of the France Penal Code.
12. INTELLECTUAL PROPERTY
12.1. All the elements of this Site and the Site itself are protected by copyright, the law of trademarks, designs and / and all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world.
12.2. The name and brand logos, designs and models, stylized letters, figurative brands, and all signs represented on this Site are and will remain the exclusive property of the Company and, where applicable, the Partners.
12.3. No title or right whatsoever over any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more that modify or perform any work based on them, or sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
12.4. The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot in any case be assigned or transferred to any third party. The license is granted for the duration of use of the Site.
12.5. Any use by the Customer of the corporate names, brands and separate signs belonging to the Company is strictly prohibited except with the express and prior agreement of the Company.
13.1. By checking the box provided for this purpose or by expressly agreeing to this end, the Customer accepts that the Company may send him a newsletter (newsletter) which may contain information relating to his activity.
13.2. When the Customer ticks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for products offered by the Company.
13.3. Customers will have the option to unsubscribe from the newsletter by following the procedure indicated in each of the newsletters.
14. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
14.1. These General Terms and Conditions are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.
14.2. In the event of a litigation likely to arise on the occasion of the interpretation and / or the execution of the present or in relation to the present GTC, the Customer can decide to submit the litigation with the Company to a procedure of conventional mediation or any other alternative method of dispute resolution.
14.3. The Customer can go to the European consumer dispute settlement platform set up by the European Commission at the following address and listing all the dispute settlement bodies approved in France: https://webgate.ec. europa.eu/odr/.
14.4. In case of failure of this mediation procedure or if the Client wishes to seize a jurisdiction, the rules of the code of civil procedure will apply.