1.   introduction

1.1 the BOUTIQUE DES CREATEURS (hereafter referred to as the company) has the activity of retail sale of clothes and accessories from previous new collections (referred to on the internet site as “recent”) and second-hand (referred to on the internet site as “vintage”), hereinafter referred to generally as “products”; and proposes a distance sales service of the above-mentioned products by internet from its web site (hereafter referred to as the site).

1.2. the products presented for sale on the site are intended for a customer base of natural persons only, excluding  legal entities or similar or comparable french legal entities. Any person that has entered a commercial transaction from the site with the company, shall be presumed to have the status of a natural person. in default, the guarantees offered to the client under these conditions cannot benefit any other person that relies on them.

1.3. the client declares that he has informed himself of the following provisions before ordering the products.

1.4. By choosing to buy the products, the client expressly and irrevocably accepts the terms set out below.

1.5. the languages available to correspond and enter a contract with the company are french and English.

1.6. the company may not be held liable for use of the site and of its content by the client that does not comply with the laws and regulations in force.

1.7. Apart from the vintage products, the products presented for sale on the site relate to luxury and/or strong brands by reason, in particular, of their high quality. these products have been selected carefully in advance by the company from third parties chosen for their rigour in terms of quality.

1.8. the company is forbidden to sell products that are defective or of a quality inferior to the standard products available on the market. the company endeavours to verify the quality of each article before sending it to the client.

1.9. the vintage products are second-hand articles and/or in a specific condition of wear for which the product cards displayed on the site specify the condition of conservation of the article presented.

 

2.  legal capacity

the client declares that it is a natural person and has the capacity to enter this agreement, the general conditions of sale of which are presented below, that is, in relation to french law, that he is an adult and is not under guardianship or supervision.

 

3.  Applicable law

the regulations applicable to the proposed sale are those for distance selling regulated by the laws and regulations in force in france on this date, the principal terms of which the “company” sets out for the client below.

 

4.  characteristics of the products presented for sale

4.1. the essential characteristics of the products are presented in the form of "product-cards". the company nevertheless informs the client that the images and the colours of the products presented for sale may not correspond to the real colours due to the effect of the internet navigator and of the screen used by the client at the time of his order. however, the company shall use all the means at its disposal in order to allow an accurate presentation of the product in question.

4.2. the above collections of the brands presented on the site and referring to products on sale on annexedescreateurs.com are brands of international renown and of which it is presumed that the public and each user of the site is aware. Any use of the brands in question that does not comply with the law is forbidden. Any client or simple user of the site is forbidden to use the brands or any other distinctive sign present on the site in order to unduly obtain advantages from distinctive characters or from renaming these brands, or in a way that causes harm to them or to their holders.

 

5.  registration of the order

5.1. in order to allow the client to review its order before validating it definitively, the company has created a  validation and acceptance screen.

5.2. for the clothes indicated on the internet site as vintage (second-hand clothes), the sizes mentioned are indicative, and the clothes may have been subject to personalised alterations.

5.3. We would advise you to refer to the measurements appearing on the product cards for vintage clothes before any order.

5.4. the order shall not be definitively registered until the last validation of the summary screen of the order. this last “click” is similar to the handwritten signature set out in Article 1341 of the french civil code, hereinafter referred to as the “acceptance click”. from the moment of the “acceptance click” indicated above, the order is considered to be irrevocable and can only be challenged in the cases exhaustively set out below.

5.5. orders from countries that are not served may not be accepted by the company.

 

6.   confirmation of the order

6.1. It is provided that an e-mail shall be sent from the date of registration of the order. By keeping this e-mail and/or printing it, the client retains proof of its order which the company recommends should be kept. however, only the “order information” page available on the site from the personalised access of the client to his account (by login and password) constitutes authentic proof and shall be effective vis-à-vis all third parties.

6.2. note: this e-mail confirms that the order of the client has been taken into account by the company and not that the product ordered is available.

6.3. the order is taken into account but the delivery period commences to run from the date of complete payment of the order as provided in Article 7.

6.4.1. in the event of stockout, the delivery period set out in Article 6.3 shall be interrupted and the company shall make contact with the client by e-mail, within fifteen working days from the date of sending of the confirmation e-mail, to propose, which the client hereby accepts, the cancellation of the order, without penalties and/or costs, together with full reimbursement of the payment made in accordance with the terms of Article 7 in the form of a transfer of funds via the paypal^© account of the client, within a maximum period of 30 days following expiry of the above-mentioned period of five days.

6.4.2. in the event of an order of several articles, and where some of these are no longer available in stock once the “acceptance click” provided in Article 5 has been carried out; the company shall make contact by e-mail with the client, within five working days from the date of sending the confirmation e-mail, to propose, which the client hereby accepts, the cancellation of the order, without penalties and/or costs together with partial reimbursement of the payment made in accordance with the terms of Article 7 and equivalent to the price of the product that is not available, in the form of a transfer of funds via the paypal^© account of the client, within a maximum period of 30 days following expiry of the above-mentioned period of five days.

6.5. in the event of a difference between the address of the recipient of the product indicated in the order form by the client and the person who has paid via paypal^©, the order shall be presumed to have been acquired to the benefit of the recipient of the product, by virtue of the individualised security protocols implemented by this means of payment (“login” type identification procedures and pass word). the company may not be held liable for the use of a protected  paypal^© account by a third party. for any dispute relating to Article 6.5 herein, the persons involved are invited to make contact by e-mail to the following address annexedescreateurs@hotmail.com stating in the subject line of the e-mail the reference “complaint” and in the body of the message, the amount debited from the bank account via paypal^© and its date of payment as well as the order reference. the company undertakes, by means of an obligation of due care, to supply all the information necessary to the competent authorities and relating to this dispute.

 

7.   price, payment and invoicing

7.1. the prices of the products are indicated in euros (all taxes included), not including postal charges. the postal charges, indicated in Article 8 of these general conditions of sale, are payable by the client (except where there are individual references or conditions).

7.2. Any change in the rate of VAT shall be automatically passed on to the price of the products.

7.3. the payment is in cash: no delay in payment shall be tacitly granted.

7.4. the method of payment accepted is paypal^©.

7.5. Once payment is made by paypal^©, the product shall be sent from the date of transfer of the funds from the bank account of the client to that of the company, via paypal^©.

7.6. the invoice for the product shall be inserted in the parcel containing the product ordered and shall be presumed to have been sent to the client from the moment of delivery of the product in question.

 

8.   postal charges and delivery periods

8.1. postal charges

the products ordered shall be delivered to the delivery address indicated by the client. the company reserves the choice of the transporter and undertakes to implement the best means at its disposal to guarantee the effective routing of the products by the transporter that it has chosen, including the subscription of an insurance covering the risks linked to the transport until delivery.

8.2. the postal costs are indicated by parcel unit of 5 Kg maximum (collissimo© suivi) or by 5 volumetric Kg by UPS ©

8.3. the postal costs are payable by the client.

8.4. delivery periods

8.4.1. Except in the event of force majeure, the maximum delivery periods shall, within the limit of the stocks available and hazards attributable to the transporter, be those indicated below on an indicative and non-contractual basis. the delivery periods shall run from the date of complete payment of the order as set out in Articles 7.3, 7.4, and 13.

france: Metropolitan france + corsica + Monaco: period between 4 and 8 working days maximum by colissimo^© suivi.

international: period between 8 and 30 days maximum by UPS^© only for countries the list of which is available on the site.   

8.4.2. in the event of delay, the company may not be held liable for any reason whatsoever. consequently, no claim for compensation, of any kind whatsoever, can be brought by the client against the company.

the client may, nevertheless, bring a legal action against the transporter and the company undertakes to implement all the means to communicate the documents or information sought by the client to this end, upon an order by a court or similar jurisdiction.

 

9.  Verification of the products delivered

9.1. the client is bound to verify the state of packaging and the compliance of the product delivered at the moment of delivery.

9.2. Any claim concerning apparent defects in the packaging of the product delivered or concerning the non-compliance of the product must be indicated by the client, in writing and at the moment of delivery by the transporter and the client must therefore refuse delivery.

9.3. in the event of such refusal, the client undertakes to contact the company within two days following the delivery, by e-mail to the address annexedescreateurs@hotmail.com and to state in the subject of the e-mail the reference “refusal of delivery” and must, in the body of the message, give reasons for such a refusal and mention the exact date and time of the refused delivery as well as the order number.

9.4. from the moment of receipt of the e-mail from the client and subject to its compliance with Article 9.3 and 9.6, the company undertakes to reimburse to the client the unit amount paid for the purchase of the product refused as well as the delivery costs. the reimbursements made by the company shall take the form of a transfer of funds via the paypal^© account of the client, within a maximum period of 30 days following receipt by the company of the parcel refused by the client

9.5. Where the e-mail of the client fails to comply with Article 9.3 and for any ground of refusal other than those set out in Article 9.2, the said client acknowledges and accepts that the company is entitled to refuse the reimbursement prescribed in Article 9.4, unless otherwise agreed with the company and the product and packaging shall then be deemed to be accepted by the client.

9. 6. no product may be reimbursed before it has been re-dispatched and received by the company, in good condition, as delivered by the company. in particular, the product must be returned in its original packaging and must not have been worn, damaged, washed, cleaned, nor have its use marker or attached bar code label removed.

 

10.  Withdrawal period

10.1. the withdrawal period granted to the client for the purchase of the goods, in the context of the law, is 7 (seven) clear days, from the date of receipt of the order. During this period, increased by the following day, the client may, at his own cost and without other penalties, return the product that he does not want, after giving prior notice to the company by e-mail to the address annexedescreateurs@hotmail.com stating in the subject line the reference “withdrawal” and mentioning in the body of the message the order number as well as the product concerned. the client may then benefit from the reimbursement of the sums paid up to the amount of the purchase price of the returned product net of delivery costs and in consideration for the re-dispatch of the product within thirty (30) days following the implementation of  the terms or re-dispatch described in this article and in the form of a transfer of funds via the paypal^© account of the client.

10.2. It is agreed that the product returned at the cost of the client must be in good condition, as sent by the company and in its original packaging and without removal of the use marker and bar code label. in default, the company may retain the re-dispatched product, together with the amounts already paid for its acquisition. the company has the option not to accept the return of products that do not have their label or that have been altered as to their essential or qualitative characteristics or that have been damaged.

10.3. the client undertakes in advance to return to the company the product in question by the same transporter that delivered it, collissimo suivi© or UPS © in the form of a delivery covered by a guarantee indemnifying against the loss or deterioration of the product and equivalent to the market value of the returned goods.

10.4. the client is informed of and agrees to bear the risk of deterioration or loss related to the re-dispatch of the product returned by a transporter other then that which made delivery of the product.

10.5. re-dispatched products must be the subject of a single delivery, and the company shall refuse separate dispatches of products that were initially the subject of a single order, or re-dispatches scheduled over time.

10.6. the costs incurred by the re-dispatch of the product shall be at the cost of the client.

 

11.  Guarantee against hidden defects and after sales service

11.1. in any event, the client shall benefit from the guarantee against hidden defects: thus, in spite of a very strict preliminary check carried out by the company upon sending, only in the event of a redhibitory manufacturing defect of the product rendering it totally unsuitable for use, the client may address the after sales service of the company by sending an e-mail, within a brief period of one working day from the date of delivery of the product, to the address annexedescreateurs@hotmail.com, stating in the subject line of the message the reference “default” and indicating in the body of the message the references of the order and of the article in question as well as the manufacturing defect(s) of the product rendering it totally unsuitable for use and enclosing a photograph thereby allowing a non-equivocal identification of the manufacturing defect in question.

11.2.   the company shall acknowledge receipt of the e-mail by the same means.

11.3. the client undertakes to return to the company the product in question by the same transporter as that which delivered it: collissimo suivi© or UPS ©, in the form of a delivery covered by a guarantee indemnifying against the loss or deterioration of the product and equivalent to the market value of the returned goods.

11.4. the returned product must be received by the company within a maximum period of 30 days following the delivery of the e-mail by the company as indicated in Article 11.2

11.5.  the product returned must not have been worn, damaged, washed, cleaned, nor have its attached use marker or bar code label removed.

11.6. upon receipt of the product, the company shall verify the compliance indicated in Article 11 and once this is confirmed, it shall send to the client an e-mail accepting the return of the product and shall carry out reimbursement of the sums paid by the client for the purchase of the product as well as the related costs according to the conditions mentioned in Article 10.3. the reimbursement shall be carried out in the form of a transfer of funds via the paypal^© account of the client, within the period of 30 days following the sending of the e-mail of acceptance of the return of the product.

11.7. Where the process of verifying the compliance of the returned product referred to in Article 11.6 is revealed to be negative and the conditions of re-dispatch mentioned above have not been observed, the client acknowledges that the company shall be immediately exempted from its undertakings in relation to reimbursement and civil liability.

 

12.  security of transactions

12.1. orders and transactions made from the site are subject to the hazards of the internet connection of the client and the dynamic nature of internet and its contents. consequently, the company may not be held liable for the interruptions and errors or dysfunctioning resulting from this and taking place in the course of the process of validation and/or payment of the order, nor for suspensions, interruptions or discontinuities due to the need to update the internet site.

12.2. in order to optimise the security of the transactions, the company shall suspend delivery of the product ordered until the date of complete payment of the order.

12.3. the periods set out in Article 8.4.1 of the conditions herein are also suspended until the date of complete payment of the order.

12.4.- Once payment is made by paypal^©, the delivery periods shall commence, from the date of transfer of the funds from the bank account of the client to that of the company, via paypal^©.

 

13.  reservation of ownership

the company expressly reserves the ownership of the products delivered until full payment of their price in principal and delivery costs. the provisions set out above shall not constitute an obstacle to the transfer to the client of the risks of loss or deterioration.

 

14.  Personal information

By application of law no. 78-17 of 6 January 1978 relating to information technology, files and civil liberties, the information sought from the client must be necessary for processing of his order and are intended for the services of the company. the client has a right of access to the information concerning him. upon request by e-mail to the address annexedescreateurs@hotmail.com and stating in the subject line of the message the reference “personal data”, they may be communicated to him and, in the event of error or modification, rectified. the client may also object to this information being communicated to third parties by sending a letter to the company.

 

15.  force majeure

the company shall not be liable for any default of its contractual obligations in the event of force majeure or accident including, without being limited to this, catastrophes, fires, acts of nature, internal or external strike, internal or external failure or breakdown, and in general any event that does not allow proper execution of the orders.

 

16.  Identification of the company

BOUTIQUE DES CREATEURS

19, rue Godot de mauroy

75009 PARIS

registered in the trade and companies registry of paris at number 348 421 371.

 

17.  Entirety of agreement

17.1. the general conditions represent the entirety of the rights and obligations of the parties concerning orders of products on internet.

17.2. no general or specific condition communicated by the client may be included in these general conditions of sale.

17.3. Any amendments to the general conditions of sale shall come into force upon their publication on the site and shall only be enforceable from that date.

18. – disputes

in the event of a dispute relating to the interpretation or application of these conditions of sale, the parties shall make all endeavours to resolve their dispute amicably. Where such attempts fail, any disputes arising from the conditions of sale herein, even in the event of multiple defendants or the introduction of third parties, must be brought before the competent court of paris.