GENERAL SALES CONDITIONS

Updated on: 11-20-2023

Table of contents

Preamble

  • Article 1 — Objective
  • Article 2 — Products – Prices
  • Article 3 — Registering and validating an order
  • Article 4 — Payment
  • Article 5 — Delivery
  • Article 6 — Right of retraction and returns
  • Article 7 — Legal guarantees (conformity and hidden defects)
  • Article 8 — Responsibility of the Users
  • Article 9 — Responsibility of the Site
  • Article 10 — Suspension – Termination
  • Article 11 — Protection of personal data and cookies
  • Article 12 — Intellectual property
  • Article 13 — Existence of specific conditions for use and/or sales
  • Article 14 — Miscellaneous provisions
  • Article 15 — Client Service – Information
  • Article 16 — Annexes
  • Article 17 — Applicable law — Jurisdiction

These General Sales Conditions apply between:

DEL ALMA,
Exercising its activities under the commercial name and brand FOR SURE,
A Société à responsabilité limitée (a French limited liability company) with a share capital of € 5,000, 
With its registered office located at 5 rue du Maréchal Joffre – 78000 Versailles (France)
Registered with the Registry of Trade and Companies of Versailles under the number 885 269 837,

Publisher of the e-commerce internet site accessible at the URL https://forsurevintage.com Hereafter referred to as the “Company”, On the one hand,

And :

Any natural person who is not legally incapacitated, i.e., of legal age and/or not incapacitated in the sense of French law (under curatorship or guardianship) and who is not subject to a procedure for excessive indebtedness, and who wishes to make a purchase by means of such internet site,

Hereinafter referred to as the “User”;

On the other hand.

PREAMBLE

DEL ALMA (the “Company”), the owner of the French brand FOR SURE, the logo, the domain name “forsurevintage.com” and the internet site https://forsurevintage.com is specialised in the sale of second-hand luxury fashion items also referred to as “vintage” or “second-hand”. The products offered for sale are objects that are not new and are by nature specific, which means that only one copy of the Product is available for sale.

The internet site https://forsurevintage.com is the digital support and showcase of the Company’s trading activity. The Company’s internet site enables the Company, as seller, to establish contact with Users/buyers who are consumers in the meaning of French law.

For the purposes of these General Sales Conditions, it is agreed that the Company and the User will be collectively referred to as the “Parties” and individually referred to as a “Party” and that a User who has validated an order will then be referred to as the “Client User” or the “Client” (see the definitions below). The rights and obligations of the User shall automatically apply to the Client User (or the Client).

The terms also defined below shall have the following meaning between the Company and the Users of its internet site:

Site:” The e-commerce internet site published by the Company and available at the following URL: https://forsurevintage.com By means of the Site, Users can:

  • Take note of the characteristics of the Products offered for sale by the Company, their prices and their terms of availability,
  • Register on the Site and open a Client Account to order one or more Products from the Company’s Catalogue,
  • Make payment for their orders by means of secure payment services,
  • Be informed of their rights arising from the applicable regulations, by means of these General Sales Conditions which must be accepted before validating any possible order of Product(s) offered on the Site.

User”: Any natural person who is not legally incapacitated – i.e., of legal age and/or not incapacitated in the sense of French law (under curatorship or guardianship) and who is not subject to a procedure for excessive indebtedness – who is acting for personal purposes (i.e., outside the framework of any professional activity) and who accesses the Site as a Client or a simple visitor; “Client” or “Client User”: Designates any User of the Site who has placed an order for a Product offered by the Company on its Site. The Client or Client User is also a consumer in the meaning of French law and its provisions in force at the time of the purchase.

“Client Account”or “Account”: Any account opened by the User on the Site to order one or more Products offered by the Company on its Site.

“Catalogue”: Refers to all of the Products put online by the Company on its Site and which are available for sale. The Catalogue is entirely owned by the Company.

“Product”: Refers to the items offered for sale on the Site by the Company under the FOR SURE brand name, namely, vintage, used or second-hand luxury fashion items. The Products offered for sale are not new and have been previously authenticated by the Company and/or by experts recognized in their field of competence (leather goods, jewellery, clothes) in order not to infringe the lw prohibiting the marketing of counterfeit products as defined by the Intellectual Property Code or which may be sold outside selective or exclusive distribution networks;

“Conforming Product”: Refers to a Product placed online on the Site whose description corresponds to that appearing on its description sheet as well as the various photographs. It is recommended that any User who wishes to purchase a Product contact the Seller before placing an order to ask any useful questions and/or receive additional photographs of the Product;

“Expert”: Refers to a professional chosen by the Seller who has the necessary qualifications to examine a Product and certify for the Company that it is genuine and not counterfeit.

“Attestation or Certificate”: Refers to a document that will be provided by the Seller to the Client with the invoice for the purchased Product issued to the Client. This document may be:

  • Either an Attestation of Authenticity issued directly by the Company,
  • Or a Certificate of Authenticity issued by a third party having the capacity of an Expert (in the field of leather goods or couture jewellery), if the Product has been subject to expertise.

The Attestation or the Certificate only concerns (i) the handbags sold on the Site and (ii) the Chanel couture jewellery which are classified as sensitive Products in terms of counterfeiting, to the exclusion of all other Products. Any User who wishes to purchase Products offered for sale online on the Company’s Site, declares that he/she is of legal age and has full legal capacity to make these purchases and/or subscriptions. Any order for a Product offered for sale on the Site implies consultation and express acceptance of these General Sales Conditions, without, however, this acceptance being subject to a handwritten signature by the User. These General Sales Conditions apply, without restriction or reserve, to all sales concluded by the Company with non-professional buyers wishing to acquire the Products offered on the Site. These General Sales Conditions are accessible at any time on the Site and shall prevail, if necessary, over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded by the Company shall constitute proof of all transactions. Access to the Site is made under normal internet connection conditions. No additional connection costs will be charged to the User. As these General Sales Conditions may be subject to change, the conditions applicable are those in force on the date the order is placed. It is specified that the User may save or print out these General Sales Conditions, provided, however, that they are not modified.

Article 1. Objective

The purpose of these General Sales Conditions is to define, exclusively on the basis of the commercial relations that the Parties establish on the internet network, their respective rights and obligations resulting from the online sale of the Products offered on the Site. These conditions govern all the steps necessary to place the order and ensure the follow-up of this order between the contracting Parties. The Parties agree that their relations shall be governed exclusively by this contract. If a condition is missing, it will be considered to be governed by the practices in force for companies in the remote sales sector with their registered office in France.

Article 2. Products- Prices

2.1. Products

The Products offered for sale by the Company are those listed on the Site on the day that the Client consults it. These Products from the Company’s Catalogue are offered for sale within the limits of available stocks. In the event that a Product is unavailable after the order has been placed because of an exceptional malfunction in stock management, the Client User will be informed by e-mail as soon as the information communicated by the Company’s logistics service is received. The Company will then cancel the order for the unavailable Product and reimburse the payment for it, and the rest of the order shall remain fixed and definitive.

2.2. Information concerning the Products

All the Products for sale on the Site are second-hand products, which are by nature items for which there is only one item in the Company’s stock, or they are items that may come from “dead stock”, namely from shops that are no longer operating commercially and that were displayed in a shop window or that were tried on at an earlier time. Consequently, no claim may be made by a User Client based on the fact that he/she thought he/she was buying a new product.

The Company has rigorously selected the Products that it puts online. It only offers for sale luxury Products in excellent or very good condition.

For each Product for sale on the Site, the Company undertakes to provide a description and photographs to present its essential characteristics.

To this end, the Company makes every effort to provide the Users with as much information as possible in order to enable them to know the Products before placing their orders. In particular, it strives to ensure that the description sheets and photographs are as accurate as possible in order to reflect reality, particularly in terms of colour. If, despite all the care taken in drafting these descriptions, errors or omissions appear, the Company cannot be held liable.

The descriptions of the Products as well as the photographs are only indicative and do not constitute contractual commitments.

With regard to the photographs in particular, the Company shows the details of the Product from different angles. Its aim is to reproduce the characteristics of the Product as faithfully as possible so that the Client User is fully informed. However, there may be slight differences between the photographic rendering and the colour of a Product. In particular, due to the effect of the internet browser used and the resolution of the User’s screen, the colours appearing in the photographs of the Products displayed on the Site may not be exactly faithful to the actual colours of the Products.

Also, with regard to the photographs, the Company puts online those that it considers most appropriate, but it has other pictures. Before placing an order – in order to avoid any disappointment and loss of time on the part of both Parties to the sales contract – the Company reminds the User that he/she can contact it by various means, as stated on the Site, in order to request additional photographs or to ask any question he/she may have. All the Products offered for sale have been authenticated by the Company before it acquired them in order to combat counterfeiting and to observe the intellectual property rights of the creators.

The description of the Product states its essential characteristics in order to comply with legal provisions. The dimensions of the Product are stated in the description and the actual size of a garment is estimated, bearing in mind that vintage clothing often fits smaller than the size indicated on the label. If errors or omissions are noted by the User, the Company shall not be held liable in this respect.

In the event that the User notices any error or omission in the description of the Products, he/she may not hold the Company liable in this respect. The User may contact Client Service (contact@forsurevintage.com) to notify it of this. The Company undertakes to correct these errors or omissions as soon as possible.

All the Products are carefully inspected before being put online and are clean (the clothes have been cleaned by a professional before being put on sale), however, as the Products are not new, the Client User may not abusively assert a lack of conformity with regard to the description and/or photographs put online ;

To be noted:

The Company especially draws the attention of the User to the fact that the Products are by nature precious and must be handled with care.

For example, before trying on a garment, the Buyer is requested to check the flat measurements of the garment to compare them with those of his/her other garments. When trying on a garment, the Buyer should take every precaution to avoid damaging the garment. The Buyer should avoid wearing jewellery and pins in the hair (to avoid making holes in the fabric) and also take care with make-up so as not to stain the garment if it turns out that the garment does not fit and the Buyer wishes to return it to the Company. If the Company finds any damage to the garments, it will be obliged to refuse to accept and refund the Product, since it has been damaged by the Client and it will not be possible to sell it again on the Site.

Furthermore, if by extraordinary circumstances, a Product in the Catalogue is found to be counterfeit, the Company undertakes to take back the Product, pay the shipping costs (as well as the customs costs if applicable) and refund the Client within a maximum period of 15 (fifteen) working days in accordance with French law.

However, prior to any refund, the Client must provide the Company with a certificate issued by an expert approved by the Courts or the brand in question to serve as proof of the counterfeit nature of the disputed Product.

The costs of the expert opinion will be paid by the Company provided that the name and full contact details of the expert appointed by the Client have been sent to the Company in advance so that the expert’s competence in the field in question can be verified and provided that the expert’s fees are communicated to the Company in advance. In the absence of strict compliance with these conditions, the Company shall not be obliged to take back the Product and refund the Client.

2.3. Prices

The price of each Product presented on the Site is indicated in the description in euros (€), including all taxes. The prices never include VAT (Value Added Tax), as these are second-hand Products. The prices are therefore always indicated inclusive of all taxes. The prices indicated are guaranteed on the day of the order, except in the case of typographical errors or omissions. The prices indicated do not take into account:

  • shipping and/or insurance costs which, where applicable, will be invoiced in addition and will be specified to the User at the time of final validation of his/her order. For any order for less than € 500.00 (five hundred euros), the Company applies fixed delivery costs depending on the place of residence of the User Client (see Article 5.6 of these General Sales Conditions). The Company was forced to modify these General Sales Conditions because of the consequences of Russia’s invasion of the territory of Ukraine, and it is noted that the Company does not make any deliveries to Russia.;
  • any customs duties and other taxes that the Buyer may have to pay to the authorities of his/her country in order for the Product to enter his/her country of residence (See Article 5.5 of these General Sales Conditions), or the value added tax (VAT) if applicable.

The Company reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time the order is registered, subject to the availability of such Products. When a validated order contains one or more erroneous elements (description, photograph, price, etc.), the Company reserves the right to cancel it and to make a refund. In any case, the sale price is paid in EUROS, even if the price is converted for information purposes into the currency of the Client User’s country. The costs of converting the sales price into the currency of the Client User’s country are to be borne exclusively by the Client. The Company will never bear the conversion costs.

Article 3. Registering and validating an order

3.1. Navigation within the Site

The User may view the various Products offered for sale by the Company on its Site.

The User may freely browse the various pages of the Site, without being required to place an order.

3.2. Registration and password

Registration is necessary and mandatory in order to place an order.

This registration is carried out in two stages:

In the first step, the User opens an account by indicating (i) an identifier chosen by him/her (for example, his/her first name), (ii) his/her e-mail address and (iii) his/her password in the “login/register” section (at the top right-hand corner of the homepage of the Site). The Company will then send the User an e-mail to inform him/her of the successful creation of his/her account.

Secondly, once the account has been created, the User can access it by indicating his/her e-mail address or his/her identifier (at his/her choice) and his/her password in the “login / register” section (top right-hand corner of the homepage of the Site). The User can then access the “My account” section, which he/she must complete accurately, including in particular the information necessary to identify the User and, in particular, his/her full name, telephone number and postal address (under the sub-headings “Account Details” and “Addresses”).

In order to facilitate navigation, from the “My account” section, the User may also access the “Dashboard” for his/her Account from which it is possible to:

  • view his/her recent orders,
  • manage his/her delivery and billing addresses,
  • change his/her password and account details.

The Company guarantees the confidentiality of the data transmitted after entering the password. When creating an account, the User may authorise the Company to send sales invitations and newsletters by e-mail.

To be noted:

  • A User may only hold one Account, which must be linked to his/her e-mail address,
  • If all or part of the required personal information that the User must provide proves to be incomplete or false, the Company reserves the right to suspend and/or close the User’s Account, but also to refuse him/her access to all or part of the functionalities of the Site, without prior notice or compensation,
  • The User may at any time modify the parameters of his/her Account and the personal information it contains (for example the password), simply by accessing the “My Account” section available on the Site,
  • Any use of a Client Account remains the sole responsibility of the User who created it. The User therefore remains solely responsible for the actions of any person using his/her Client Account, but also for preserving the confidentiality of his/her identifier and password, as well as any personal data he/she transmits to the Company,
  • In the event of fraudulent use of his/her Client Account, login or password, the User undertakes to inform the Company immediately,
  • In the event of forgetting/losing a password, the Client User can always go to the “login/register” section of the Site and access the “Forgot your password?” sub-heading in order to enter the e-mail address associated with his/her Client Account. Once the e-mail address has been entered and validated, the user will receive an e-mail allowing him/her to create a new password,
  • Some of the features of the Site based on geographical information may require the sharing of location data, including the geographical position of the User’s mobile device. If the User wishes to be able to use these features, the User agrees to allow the Company to use the User’s location data from the User’s mobile device when this is requested from it. Further information concerning the collection and use of personal data by the Company can be found in Article 11 “Protection of privacy and personal data – Cookies” of these General Sales Conditions.

3.3. Registering the order

The User places an order by means of an internet connection enabling him/her to browse the Site. In order to be accepted, the order must contain all the useful and necessary information for it to be processed. Furthermore, any order implies acceptance of these General Sales Conditions, the prices and the descriptions of the Products available for sale. If the User wishes to place an order, he/she selects the various Products that interest him/her and expresses his/her interest by clicking on the “Add to basket” box. The User may at any time:

  • Obtain a summary of the Products selected, by clicking on “My basket”
  • If necessary, modify the basket by deselecting certain Products, then clicking on “Update basket”
  • Continue selecting Products by clicking on “Continue shopping”
  • Complete the selection of Products and order the Products by clicking on “Confirm order”

To order the selected Products in the shopping basket, the User must identify him/herself, either by entering his/her e-mail address or identifier (at his/her choice) and the password if he/she has already created an account on the Site or, if an account has not been created, by filling in the form provided in the “Create an account?” section appearing on the order summary page. The User is informed and accepts that entering these two identifiers to access his/her Client Account (e-mail address or identifier AND password) constitutes proof of his/her identity and confirms his/her consent. Once the User has been identified, he/she must validate the delivery address and an order summary will appear on the screen, specifying the nature, quantity and price of the Product(s) selected by the User, as well as the amount of shipping costs (if any), the total of the order, the User’s contact details and the delivery address. The Company may group together several orders for Products if they have not yet been shipped.

3.4. Definitive validation of the order

After having read the details of the pending order, and once all the requested information has been provided by the User, the User declares that he/she has read and fully and unreservedly accepts all of these General Sales Conditions (by ticking the box provided for this purpose). The User may then proceed to the payment of his/her order by choosing his/her method of payment in accordance with the terms of Article 4.2. “Payment Method” of these General Sales Conditions (see below).

3.5. Confirmation of the order

Once the Client has validated the payment in accordance with the terms of Article 4 “Payment” of the General Sales Conditions (see below), and after the Company receives the order form, a summary of the Client’s order will be sent by e-mail to the address indicated by the Client at the time of the order. This confirmation will include all the information comprising the contract between the Parties, as well as an estimate of the shipping date. The Company recommends that the Client User keep the order confirmation e-mail or print it out. However, documents archived in the Company’s computer systems will be considered to be legal proof. A summary of the order will also be available in the Client User’s account.

Article 4. Payment

4.1. Amount of the order

The amount due by the Client is indicated before the Client User validates the order, as well as in the order confirmation sent by e-mail by the Company. The Price is payable upfront, in full, on the day of the order placed by the Client via the Site, after validating the basket and accepting these General Sales Conditions.

4.2. Payment method

The Client User has two solutions to pay the price for the order made on the Site:

  1. Using a bank card through the secure payment platform of the French bank CIC-CREDIT MUTUEL. All bank cards are accepted except American Express.

To pay for a Product by bank card, the Company’s bank (CIC-CREDIT MUTUEL) uses “Monetico Paiement”, a secure online payment solution. The Client User will be automatically redirected to the transaction server of the Company’s bank which processes the transaction in compliance with the latest security standards:

  • SSL encrypted link, compliance with the PCI-DSS standard
  • 3D Secure control to authenticate the buyer at the time of a card payment
  • Issuance of a payment receipt
  • Control of the card and verification of the amount in question

The 3D Secure authentication system is designed to secure online payments by credit card. Code received by SMS, notification on the banking application, authentication by fingerprint or facial recognition, etc., allowing the Client User to be authenticated as the holder of the card used for the payment. The 3D Secure system is a security system for online payments, created by the international card issuers Visa and MasterCard. It is a procedure for authenticating the cardholder, to ensure that it is indeed the cardholder who is making the payment on the internet. As from 15 May 2021, making a remote payment requires a new authentication method of the cardholder – known as strong authentication. To strengthen security, the smartphone is the new key to validating a payment. Each bank has opted for its own methods. This reinforcement of e-commerce security is the application of the European Directive on Payment Services (DSP2). Principles for strong authentication: authentication is considered strong when it combines two of the following three elements:

  • Information: something that only the Client User knows, such as a password.
  • Ownership: something that only the Client User possesses, such as a unique code generated by SMS, a bank card or a secure device that the Client User uses, such as a smartphone.
  • Uniqueness: a distinguishing feature that is unique to the Client User, typically a biometric characteristic such as a fingerprint, face or voice.

At the end of the transaction, the Client User will be returned to the Site.

  1. Make a bank transfer, which does not generate any costs for the Client User, subject to the cost applied by his/her bank for a payment in Euros, if the Euro is not the currency of the country in which he/she has opened his/her bank account. 

3. Pay with Paypal. For foreign (non-European) customers, we advise you to pay via Paypal because payment by bank cards may be blocked by banks in certain countries. We have noticed that the use of US or Asian bank (debit or credit) cards is made impossible by the banks of certain countries in which our customers have accounts.

US banks, for example, block credit card payments to protect their customers’ assets.

The customer must then contact his bank and ask to validate the payment, which takes time and does not allow the buyer to book the item that is online.

For this reason, the Company has opened a Business Paypal account to allow customers to pay for their online purchases at https://www.forsurevintage.com

4.3. Payment confirmation

The order will be considered valid after confirmation of the bank’s payment consent. In the event of refusal by the bank, the order will be automatically cancelled.

In any event, the Company reserves the right to refuse any order or any delivery in the case of (i) an existing dispute with the Client User, (ii) total or partial non-payment of a previous order by the Client, (iii) refusal of payment authorisation by bank card by the banking organisations, and (iv) non-payment or partial payment. The Company may not be held liable in any case.

The fact of communicating all the data required by the payment module of the Company’s bank shall constitute validation of the order and the Client User’s agreement without reservation to make payment.

The Price will be considered to have been paid in full when the Company has received confirmation from its bank that the funds have been received on its account, which assumes that there may be a delay before the Company receives the final sale price. The Company cannot proceed with the shipment of the Product until it has received the final price (see Article 5 “Delivery” below). The Client User will be notified by e-mail that the price has been received and that the order has been processed.

4.4. Payment period

When the Client User pays with an immediate debit card, his/her bank account is debited within 2 to 5 days after placing the order. This period varies according to the banking institutions. In the case of a deferred debit card, the Client User’s bank account will be debited for the amount of the order under the same conditions as usual debits. In the case of a bank transfer, the interbank delay is between 1 and 3 working days depending on the banking institution.

Article 5. Delivery

5.1. Shipping timeframe

The shipping timeframe for an order is indicative and starts on the day following the Company’s receipt of payment for the Client’s order.

The shipment will be made after verification with the Company’s bank that the funds have been received on its bank account. Once the funds have been received on its bank account, the Company will notify the Client by e-mail that the order has been paid and it will indicate that the order is being prepared.

The average shipping timeframe is between 24 and 48 working hours after the Company has received payment for the Client’s order. Under no circumstances may this be considered to be a contractual commitment, but in the event of an unusual delay, an e-mail will be sent to the Client User. In addition to this timeframe, there is the carrier’s timeframe for delivery to the delivery address.

In practice, orders are shipped from Paris, France, Monday through Friday from 10am to 5pm (CET). Orders placed on Friday evening, Saturday and Sunday are processed on Monday morning.

5.2. Shipping of the order

After the order is shipped, the Client will receive an e-mail indicating the tracking number for his/her package. The Client can thus follow the tracking for his/her package by clicking on the link provided for this purpose. The Products are sent to the delivery address indicated by the Client in his/her Client Account. If the buyer has several delivery addresses registered in his/her Client Account, he/she may select one before finalising the order and making payment. The Company does not deliver to post office boxes.

The Company declines all responsibility in the event of excessive delays in delivery attributable to the postal services or the carriers in general.

5.3. Delivery

The Company offers several shipping methods depending on the delivery address:

  • So Colissimo: For deliveries in Metropolitan France (including Corsica) by the French Post Office, with a tracking number for the parcel (see Article 5.2 above).
  • DHL EXPRESS: For deliveries in France, Europe and internationally (America and the rest of the world), with a tracking number for the parcel (see Article 5.2 above).

Depending on the Product(s) ordered and their value, the Company chooses the most suitable carrier for the Client, with the understanding that the shipping and insurance costs are provided by the Company free of charge to the Client.

Packages are generally delivered within 2 working days in France (So Colissimo) and within 2 to 5 working days in Europe and internationally (DHL EXPRESS) depending on the shipping date. If the Client is not present when the parcel is presented at the delivery address, a notice will be left by the carrier in the recipient’s mailbox to inform him/her of this.

Deliveries must be made against SIGNATURE AT THE CLIENT’S RESIDENCE.

Upon delivery of the Product, the Client must, if possible, open the package in the presence of the carrier. He/she must then verify the conformity of the goods delivered in the presence of the carrier before signing the carrier’s delivery note. In the event of any anomaly concerning the delivery (damaged packaging, missing, damaged or broken products), the Client must indicate his/her reservations in the form of detailed, dated, explicit handwritten observations accompanied by his/her signature on the delivery note co-signed by the carrier. The Client must then refuse the package. He/she must then send his/her claims to the Company on the same day as the delivery using the contact form in the Client Account on the Site. Any claim made outside this time limit may be rejected without any possibility of recourse for the Client. The absence of claims or reservations on the part of the Client means that the Product delivered is considered to be satisfactory and may not be the subject of any subsequent dispute.

If this procedure cannot be followed, the Client is requested to verify the conformity of the Product(s) as quickly as possible in order to inform the Company of the existence of any anomalies.

In the event that the Client was not able to collect the parcel, the carrier will leave a notice to collect the parcel within the timeframe indicated by the carrier.

If the package is not claimed by the Client, despite a reminder by the Company to collect the package, it will be returned to the Company.

In this case, the cost of returning the package to France (where the Company’s head office is located) shall be borne by the Client. By return costs, the Company understands: the cost of shipping, insurance and any applicable customs duties (see Article 5.5). In this case, the Company will cancel the order and refund the price of the order to the Client, with the exception of the cost of returning the package as described above. The return costs will be directly deducted from the price of the Product to be reimbursed to the Client.

If the Company has to make a second shipment of the parcel, the shipping costs, insurance and any applicable customs duties (see Article 5.5), will be paid by the Client since he/she was not sufficiently diligent at the time of the first shipment of the parcel to recover it from the carrier. The same shall apply if the Client has given the Company an incorrect address or if the Client, due to his/her own fault, could not be identified by the carrier.

In this case, the Company will inform the Client of the amount of the shipping and insurance costs and the Client must pay them upon first request. Failing this, the Company will not make a second shipment.

5.4. Lost parcel

If, within seven (7) working days following the shipment of the order, the Client has not received the parcel, or a delivery notice, or precise information via the online tracking for the parcel, the Client must first contact the carrier, using the parcel tracking number sent by the Company when the parcel was sent.

If the carrier finds no trace of the parcel, the Client must contact the Company’s Client Service Department (contact@foresurevintage.com) as soon as possible.

The Client Service will then open an investigation with the carrier. The Buyer will receive an e-mail stating that an investigation has been opened and that the response time varies between 10 and 30 days after opening the investigation. If the package is found, it will be immediately re-shipped to the Client. If the package is considered lost, the Company will refund the total amount of the order.

5.5. Customs duties and other applicable taxes

Any order placed on the Site and shipped outside France and outside the European zone (member countries of the European Union on the day of the order) may be subject to taxes or customs duties.

These costs connected with the delivery are the exclusive responsibility of the Client User. The Company is not obliged to inform the Client User of the taxes or customs duties applicable in the delivery countries. In order to understand what taxes may be his/her responsibility, it is up to the Client User to contact the appropriate authorities in his/her country.

5.6. Delivery charges

Due to the global economic situation resulting from the aggression suffered by Ukraine since February 2022, any order with a value of less than € 500.00 (five hundred euros) will be charged delivery costs (see Article 2.3 of the General Sales Conditions) as from 3 November 2022.

The delivery costs are calculated as follows :
Shipping to France: € 14,00
Shipping to Europe: € 21,00
Shipping to the World (UK, Switzerland and other countries): € 31,00

These costs will be added automatically at the time of paying for your order. It is recalled that the User Client must also pay any customs duties and other taxes that may be applicable for certain countries (see Article 5.5).

For orders amounting to more than € 500.00 (five hundred euros), the Company provides its User Clients delivery and insurance costs free of charge, with the exception of any customs duties and other taxes that may be applicable for certain countries (see Article 5.5).

Article 6. Right of WITHDRAWAL and returns

In accordance with the provisions of Article L.221-18 of the French Consumer Code, any Client User has a right of withdrawal of fourteen (14) calendar days following receipt of his/her order, without penalty and without justification. At the end of this period, the right of withdrawal is irretrievably null and void.

Article L.221-18 of the Consumer Code grants the right of withdrawal to French nationals and residents as well as those of member countries of the European Union (27 EU Member States as of 01/11/2023 : Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia and Sweden).

The right of withdrawal is therefore not open to nationals and/or residents of countries not listed above. In this case, the sale is considered FINAL.

In accordance with the provisions of Article L.221-18 of the Consumer Code, any Client User has a right of retraction of fourteen (14) calendar days following receipt of his/her order, without penalty and without justification. At the end of this period, the right of retraction is irretrievably null and void. Within this period of fourteen (14) days, the Client may then exercise his/her right of withdrawal with the Company:

  • Either by means of a retraction form prepared in accordance with the regulations in force and provided to the Client on request by the Company’s Client Service Department, as well as in Annex A to these General Sales Conditions;
  • Or by any other unequivocal written means, for example by sending a letter or e-mail to the Company’s Client Service Department.

In this case, the Company’s Client Service will acknowledge receipt of the intention to exercise of right of withdrawal and will provide the Client with a tracking number for the return of the parcel to the Company.

The Buyer then has an additional period of seven (7) days to return, at his/her expense (delivery and insurance compulsory), the Product(s) he/she ordered if he/she is not satisfied with them.

This period runs from the day of receiving the tracking number cited above. If the deadline for returning the Product(s) is not observed, the Company reserves the right not to reimburse the Product(s).

If the right of withdrawal is exercised, the Company will cancel the order and reimburse the price of the order to the Client, with the exception of the cost of returning the parcel as set out in Article 5.3 of these General Sales Conditions. The return costs (as defined in Article 5.3) will be directly deducted from the amount of the price of the Product to be reimbursed to the Client.

Products subject to retraction must be returned in their original packaging to the address provided by the Company’s Client Service Department. The Products must be returned in perfect condition so that they can be sold again, namely:

  • Not worn
  • Not dirtied or washed
  • Not ironed
  • With the FOR SURE Safety Tag still attached to the Product(s). If the Client has broken this Safety Tag, it is understood that no returns will be accepted and no reimbursement will be granted.

The Product must be returned intact, unused and complete with all accessories and documents, labels and seals affixed, which means that the Product must be returned to the Company in the same condition as it was when it was sent to the Client. The Product must be returned to the Company under the same conditions as it was sent, in order not to damage it. Specifically, the Product must be returned in its original packaging or in packaging that is identical to the packaging in which it was sent.

The Company informs the Client User that photographs of the entire contents of the parcel, before handing it over to the carrier, are systematically taken by the Company (as proof).

The Company will give all the necessary instructions to the Client so that the return of the Product may be made by the same carrier as the one responsible for the shipment. A return label will be sent by the Company to the Client to affix to the package. The Company will specify to the Client the carrier to which the package should be delivered. No other carrier will be accepted by the Company. The costs and risks associated with the reshipment shall be borne by the Client. Consequently, it is the Client’s responsibility to keep all proof of this return.

After the Company receives and verifies the Product, it will confirm to the Client – by sending an e-mail – that it will reimburse the amount of the sale price, with the exception of the return costs, which will be directly deducted from the amount of the price for the Product to be reimbursed to the Client, within a maximum period of 30 (thirty) working days following receipt of the package.

The refund will be made by bank transfer to a bank account in the name of the Client, according to the bank details (RIB) and IBAN that the Client will communicate to the Company in advance.

In connection with the right of withdrawal, and for Products returned that are incomplete, damaged, soiled or unfit for resale, the Company may refuse to refund the returned Products, or will apply a discount to the amount of the refund.

Article 7 — Legal guarantees (conformity and hidden defects)

In accordance with the legal provisions in force, all Products are subject to a guarantee of conformity (Articles L.217-4 et seq. of the French Consumer Code) and to a guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).

7.1. Information concerning the legal guarantees:

Legal guarantee of conformity (Articles L.217-4 through L.217-14 of the French Consumer Code): The Company guarantees the Client against defects in conformity that appear within two years following the delivery of the goods sold and which exist as of the day of delivery. A lack of conformity is understood to be any defect that makes the goods unfit for the use usually expected of similar goods, and in particular the lack of correspondence with the description given by the Company or the lack of quality that the Client was legitimately entitled to expect with regard to the Company’s declarations. The fact that the goods sold do not have the characteristics defined by mutual agreement between the Client and the Company or the inability of the goods to satisfy a specific use stated by the Client and accepted by the Company shall also be considered to be a lack of conformity. Defects of conformity which appear within 6 (six) months following delivery shall be presumed to have existed on the day of delivery if the goods sold are second-hand, as is the case for the Company.

The Company may dispute this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

In the event of a proven lack of conformity, the Client may either return the goods and obtain a reimbursement of the price and the costs associated with the sale, or keep the goods and obtain a refund of part of the sale price, with the amount of this to be defined by mutual agreement between the Parties. Defects of which the Client was aware or could not have been unaware (in particular those brought to the Client’s attention on the description sheet and/or photographs of the Product in question) are excluded from the guarantee.

Guarantee for hidden defects (Articles 1641 through 1649 of the French Civil Code):

The Company guarantees the Client against hidden defects in the goods sold that make them unsuitable for the use for which they were intended, or that reduce this use to such an extent that the Client would not have acquired them, or would only have paid a lower price for them, if he/she had known about them. The Client shall have the option of returning the goods sold and being reimbursed the sale price and the costs incurred by the sale, or of keeping the goods sold and being reimbursed part of the price. The guarantee does not cover apparent defects that the Client could have discovered by him/herself. The action for guarantee must be made within two years of discovering the defect.

As the Products presented on the Site are second-hand goods, the Client cannot therefore expect the quality of the item to be the same as that of a new item. He/she acknowledges that the Products are old and delicate. The guarantee for hidden defects can therefore only apply to defects of a particular seriousness.

7.2. Claims under the legal guarantees:

Any complaint based on the fact that a Product purchased does not comply with the description and/or photographs put online by the Company on its Site must be expressly formulated by e-mail (contact@forsurevintage.com) together with a written message sent by WhatsApp to  +336 72878382 or by registered letter with proof of delivery to the Company at the address of its registered office:

DEL ALMA – For Sure Vintage
5, rue du Maréchal Joffre – 78000 Versailles (France)

The claim must be detailed and clearly indicate the reasons for the Client User’s dissatisfaction. The Company undertakes to process any claim brought to its attention as soon as possible and on a case-by-case basis. The Client must cooperate with the Company in order to resolve the difficulty and the Client must provide the Company with all the evidence necessary to process the claim. In the event of a lack of diligence on the part of the Client or a lack of co-operation, the claim may not be processed by the Company.

If the Company considers that the Client’s claim is justified because of the non-conformity of the Product, the Client must return the Product to the address of the Company’s registered office.

The Product must be returned intact, unused and complete with all accessories and documents, labels and seals affixed, which means that the Product must be returned to the Company in the same condition as it was when it was sent to the Client.

The Product must be returned to the Company under the same conditions as it was sent, in order not to damage it. Specifically, the Product must be returned in its original packaging or in packaging that is identical to the packaging in which it was sent.

The Company informs the Client User that photographs of the entire contents of the parcel, before handing it over to the carrier, are systematically taken by the Company (as proof).

The Company will give all the necessary instructions to the Client so that the return of the Product may be made by the same carrier as the one responsible for the shipment.

After the Company receives and verifies the Product, it will confirm to the Client by sending an e-mail that it will reimburse the amount of the sale price, as well as the shipping and insurance costs, with the exception of any customs duties which will remain payable by the Client, within a maximum period of 30 (thirty) working days.

The refund will be made by bank transfer to a bank account in the name of the Client, according to the bank details (RIB) and IBAN that the Client will communicate to the Company in advance.

The procedure for making a claim for a Product affected by a hidden defect is identical to that applicable in the case of a lack of conformity (formulation of the claim in writing and return, if applicable).

Article 8 – Responsibility of the users

8.1. General obligations of the Users:

The User, whether a Client or a simple visitor, undertakes to access the Site and to use its functionalities in accordance with the laws in force and these General Sales Conditions. The User is and remains, in all circumstances, responsible for his/her use of the Site and its functionalities that he/she accesses. Consequently, the User must exercise discernment and caution with regard to the information he/she accesses and/or transmits when using the Site. When using the Site’s functionalities, the User must always undertake to be moderate in his/her comments. He/she also undertakes not to violate any laws and regulations in force. The User is thus prohibited, in particular:

  • To hijack the purpose of the Site, its features and Services in order to undertake propaganda or proselytizing, solicitation or canvassing,
  • To disseminate information contrary to public order and morality,
  • To publish information that violates the regulations on the protection of personal data and allowing the identification of natural persons without their consent, or to collect and store personal data relating to other Users,
  • To transmit any message containing computer viruses or any other code, files or programmes designed in particular to interrupt, destroy or limit the functionality of software, computers or any other telecommunications tools,
  • To communicate information referring to third party sites whose content is likely to violate any law or regulation in force (in particular concerning the rights of persons and goods and/or intellectual property rights),
  • To disseminate content that is contrary to the rights of personality of third parties or that is abusive, defamatory, offensive, obscene, pornographic, violent or incites discrimination, political violence, racism, xenophobia, sexism or homophobia,
  • To harass another User or Users in any manner whatsoever,
  • To infringe the intellectual property rights of third parties.

In this regard, the User (i) guarantees the Company against any claim, action and/or demand by third parties to which it may be subject and (ii) undertakes to bear exclusively any sums, damages, costs, legal fees and expenses which the Company may be ordered to bear, without prejudice to compensation for the Company’s own loss. Furthermore, the User is solely responsible for any direct or indirect harm that he/she may suffer as a result of inaccurate, incomplete and/or misleading information that he/she provides at the time of registration and/or in the absence of updating of this information, the consequences of which he/she alone shall bear. If necessary, the Company reserves the right, without any compensation and without prior notice, to suspend or close the User’s Account and/or to refuse him/her access to all or part of the Site’s functionalities in the event that he/she does not comply with the Site’s General Terms of Use and/or these General Sales Conditions. The Users remain responsible for the use of the Site and their actions and they must comply with these General Sales Conditions by acting in a manner that is compatible with the functionalities of the Site and the legislation and regulations in force. Any other use will give the Company the right to act under the conditions set out in Article 10 “Suspension – Termination” below.

Article 9 – Responsibility of the site

9.1. Technical services

Connection to the Site implies that the User knows and accepts the characteristics and limits of the internet and mobile telephone networks, in particular concerning technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the internet/mobile telephone networks, the lack of protection of certain data against possible misappropriation, and the risks of contamination by any computer viruses circulating on the internet and mobile telephone networks. Consequently, without this list being exhaustive, the Company shall not be held responsible under any circumstances for the following:

  • Any malfunction of the internet and mobile telephone networks preventing the proper functioning and/or operation of the Services,
  • The transmission and/or reception of any data and/or information on the internet or mobile telephone networks,
  • The failure of any reception equipment or communication lines, the loss of any data, or the consequences of any computer virus or bug, anomaly or technical failure,
  • Any technical, hardware or software failure of any kind, which damages a User’s computer and/or mobile device.

It is the responsibility of each User to take all appropriate measures to protect his/her own data and/or software stored on his/her computer and/or mobile device against any damage. Finally, the Company shall not be held liable for any malfunctioning of the internet and mobile telephone networks that may lead to failures in the administration, security, integrity or data management of a Client Account.

9.2. Accessibility and continuity of the Site

In principle, the Site is accessible 7 days a week and 24 hours a day, except in the event of an interruption, whether scheduled or not, in particular for maintenance purposes or in the event of force majeure.

However, the Company is only bound by an obligation of means for the continuity of the Site and its functionalities.

Consequently, the Company does not guarantee that the Site and its functionalities will be continuous, without temporary or permanent interruption, or without suspension or without error.

Moreover, any development or change in functionality may result in an update and/or temporary unavailability of the Site, for which the Company may not be held liable in any manner.

Similarly, the Company reserves the right to interrupt or suspend one or more features of the Site, at any time and without notice, without having to justify this.

The Company shall not be held liable in any manner for this, and the Users shall not be entitled to claim any compensation of any kind in connection with this.

The Company’s responsibility is excluded for any indirect damage or loss that the User may suffer, as well as for any immaterial damage such as loss of profits, loss of use, loss or alteration of data, resulting from the use or operation of the Site and/or its functionalities, or from data accessible via the Site. The Company shall not accept any claim relating to the non-performance or poor performance of the Site’s functionalities that is attributable either to the User, or to the act of a third party, or to a case of force majeure as defined in Article 14.3 below.

9.3. Responsibility of the Company as host

The Company is not legally bound to any general obligation to monitor the content transmitted or stored via the Site.

The only obligations inherent in the Company’s capacity as host concern (i) the retention of Users’ connection data, which is otherwise covered by professional secrecy and processed in compliance with the legal provisions concerning personal data and (ii) the removal of any manifestly illicit content, once the Company has actual knowledge thereof.

Article 10 – Suspension – termination

The Users are responsible for their acts and actions in connection with their use of the Site and its functionalities, and therefore they must observe the rules set out in these General Sales Conditions by acting in a manner compatible with the Site and the laws and regulations in force.

The Company is authorised to use all necessary measures to prevent or detect illicit or fraudulent use of its Site.

In the event of the User’s non-compliance with any of the provisions of these General Sales Conditions, the Company reserves the right, without prior notice or compensation, and taking into account the seriousness of the violation observed, to:

  • Inform the User of such violation and ask him/her to remedy it;
  • Suspend the User’s access to all or part of the Site and its functions;
  • As a last resort, and if the User fails to remedy the violation within a reasonable period of time, to terminate his/her access to the Site (and to delete his/her Account and its contents at the same time);
  • This is without prejudice to any other actions under standard law that may be available to the Company as well as any damages that the Company may claim.

Article 11 — Protection of privacy and personal data – cookies

11.1. Personal Data

The personal information collected in the context of remote selling is mandatory, as this information is necessary in particular in order to create the User’s Client Account, to record, process and deliver the orders and in order to prepare invoices. This information is strictly confidential. Failure to provide this information will make it impossible to create a Client Account and any order will automatically be rejected. The Company complies with the regulations applicable to the processing of personal data, and in particular the Law No. 78-17 of 6 January 1978, as amended, relating to information technology, computer files and freedoms, (hereinafter referred to as the “French Data Protection Act”), as well as the European General Data Protection Regulation No. 2016/679 of 27 April 2016 (hereinafter referred to as the “GDPR”), and thus, in accordance with the French Data Protection Act and the GDPR, the User possesses at all times:

  • A right of access: The User may, by proving his/her identity, obtain communication of the data concerning him/her and verify the accuracy of the data;
  • A right of rectification: in the event of inaccuracy of this information, he/she may demand that it be rectified, completed, updated, locked or erased;
  • A right to erasure (“right to be forgotten”): The User may obtain the erasure, as soon as possible, of data concerning him/her;
  • A right to the limitation of processing: The User may, in certain cases provided for by the regulations, obtain a limitation of the processing of data concerning him/her;
  • A right to data portability: The User may, under the conditions set by the regulations, demand the transmission of data concerning him/her to another data controller, without the Company that initially collected the data being able to object to this;
  • A right of opposition: The User has the possibility to object to his/her data being processed or to refuse the communication of information concerning him/her to third parties.

To exercise these rights, the User must contact the Company’s Client Service Department. The Company’s strong commitment to the observance of privacy and the protection of personal data concerning the Users of its Site, is demonstrated through the implementation of a Privacy Policy available in the “Privacy” section of the Site. This Privacy Policy, which is an integral part of these General Sales Conditions (as well as the Site’s General Terms of Use), was prepared by the Company so that all Users can use the Site and use its functions in full confidence. Its purpose is to inform the User with regard to the data that may be collected, the use that the Company may make of such data and the rights that the User has over that data.

11.2. Cookies

In order to offer personalised and enriched content that will improve the User’s experience, the Company may use small text files known as “cookies” that may be stored in the User’s terminal (computer, tablet or smartphone) when consulting the Site with a browser. Technically, during its period of validity, a cookie will enable its issuer to recognise the terminal in question each time this terminal accesses digital content containing cookies from the same issuer. Based on this same principle, and subject to the User’s choices, which have been freely expressed in advance when he/she connects to the Site, the Company may install various cookies in the User’s terminal, enabling it to recognise the User’s browser for the duration of the validity of the cookie concerned. The Company’s strong commitment to the observance of the privacy of its Users and the use of cookies is demonstrated by the implementation of a Cookies Policy available in the “Cookies” section of the Site. This Policy, which is an integral part of these General Sales Conditions (as well as the Site’s General Terms of Use), was prepared by the Company so that all Users can be duly informed with regard to the cookies that may be installed and their potential use, as well as the way in which they may be activated (or not) according to the User’s choices. The cookies issued by the Company or its partners are thus used solely for the purposes presented in its Cookies Policy, subject to the User’s choices which will result from the configuration of his/her browser software used when visiting the Site.

Article 12— Intellectual property

These General Sales Conditions do not imply any transfer of intellectual property rights in favour of the User, whatever they may be. The User acknowledges and accepts that the content (in particular the data, databases, software, APIs, page layout, graphics, photographs, Product descriptions, videos, soundtracks, information, documentation, tutorials, forms, guides, illustrations, logos, trademarks, etc., hereinafter referred to as the “Content”) which appear or are available on the Site, are protected by copyright, trademarks, patents, database producers’ rights or any other right recognised by the legislation in force. Consequently, any copy, reproduction, representation, adaptation, alteration, modification or distribution, in whole or in part, of the Content accessible on the Site, whether it belongs to the Company, to a third party or to a User is illegal without prior authorisation. From the moment the User accesses the Site, the Company grants the User a private, non-exclusive and non-collective right of use, to the exclusion of any profit-making use. The concession is granted for the entire world and for as long as the Site is accessible. This right of use is not transferable in any way. Subject to the right of use granted above to the User, it is therefore forbidden to copy, reproduce, represent, modify and/or exploit, in any way whatsoever and for any purpose whatsoever, all or part of the structure and the Content of the Site. The information and the databases accessible on the Site are the property of the Company, with the exception of third-party content and distinctive signs of third parties that are reproduced on the Site. Consequently, unless expressly authorised in advance by the Company, any reproduction, representation and use is prohibited, and in particular:

  • Any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication of all or part of the Services, works, services, brands and all elements protected or likely to be protected by intellectual property law reproduced on the Site,
  • Any extraction or reuse, repeated and systematic, including for private purposes, of even a non-substantial part of the content of the databases of which the Company is the producer.

Any User who does not comply with the terms of this Article is liable to civil or criminal proceedings for infringement of copyright, trademark and patent rights, the rights of the producers of database and automated data processing systems.

Article 13 – Existence of special conditions of use and/or sale

Some features offered by the Company may require the User to accept and comply with special conditions, a user licence or a user charter (hereinafter referred to as the “Special Conditions of Use and/or Sale”) which is available on the pages of the Site dedicated to these features. Unless otherwise specified, these Special Conditions of Use and/or Sale shall apply cumulatively with these General Sales Conditions. However, in the event of contradiction with these General Sales Conditions, the Special Conditions of Use and/or Sale shall prevail.

Article 14 – Miscellaneous provisions

14.1. Partial invalidity

If one or more of the provisions of these General Sales Conditions is held to be invalid or declared to be invalid in application of a law, a regulation or as the result of a definitive decision by a competent court, the other provisions shall retain all of their force and scope.

14.2. Entire agreement

These General Sales Conditions and the order summary sent to the Client User form a contractual whole and constitute the entire contractual relationship between the Parties. In the event of contradiction between these documents, the General Sales Conditions shall prevail.

14.3. Force Majeure

The Company shall not be liable for the total or partial non-performance of its obligations under this contract if such non-performance is caused by an event constituting force majeure, in particular in the event of a disruption or total or partial strike, in particular, of the postal services and means of transport and/or communications, epidemic, flooding or fire. Events meeting the criteria set by the case law of the French courts will be considered to be force majeure. In the case of an event constituting force majeure, the Company will notify the Client User within five (5) working days of the occurrence or threat of such event. The Parties agree that they shall consult each other as soon as possible in order to determine jointly how the order will be executed during the period of the event of force majeure. After a period of one (1) month of interruption due to force majeure, the Company may not honour the order, and will be responsible for reimbursing the Client, if necessary, within thirty (30) days.

14.4. Proof, retention and archiving

The computerised records kept in the Company’s computer systems under reasonable security conditions shall be considered to be proof of the communications between the User and the Company. The archiving of these General Sales Conditions accepted by the User, all exchanges between the Company and the User or information relating to the final validation of the order made by the Client User (see Article 3.4. of these General Sales Conditions), is conducted on a reliable and durable medium in such a way as to correspond to a faithful and durable copy. In the event of a conflict between the Company’s computerised records and any written document or electronic file of the User, it is expressly agreed that the Company’s computerised records shall take precedence over the User’s documents and shall alone be accepted as proof.

14.5. Modification and consultation of the General Sales Conditions

The Company reserves the right to modify these General Sales Conditions unilaterally and without prior notice. By using the Company’s Site, the Users acknowledge and accept these General Sales Conditions, without restriction or reservation, in letter and in spirit, and undertake to refer to them systematically each time they connect. In the event of modification of the General Sales Conditions, if the User does not accept the new General Sales Conditions, he/she then must refrain from continuing to use the Site. All the povisions of the General Sales Conditions, which can be printed, can be consulted free of charge at any time on the Site, in the dedicated “General Sales Conditions” section.

14.6. Non-Waiver

The fact that the Company does not avail itself of a default or breach by the User with regard to any of his/her contractual or legal obligations shall not be interpreted as a waiver of the right to avail itself of this default or breach. The fact that the Company does not take advantage of a stipulation of these General Sales Conditions does not in any way imply a waiver of the benefit of such stipulation.

Article 15 – Client service – Information

For any questions relating to these General Sales Conditions, the Site and its features or the Company in general, the User is invited to contact the Company via the “Contact Us” section of the Site, allowing the Company’s Client Service to be reached by e-mail, telephone and post.

Article 16 – Annexes

The following Annexes: — Annex A: Model of Retraction Form form an integral part of these General Sales Conditions. Download the retraction form

Article 17— Applicable law— Resolution of disputes

These General Sales Conditions are subject to French law.

In the event of a dispute arising in connection with the performance or interpretation of these General Sales Conditions, and before any possible litigation, the Client User is invited to contact the Company with a view to reaching an amicable settlement (a conventional mediation procedure or any other alternative dispute resolution method).

In the event of a dispute, and in the absence of an amicable settlement between the Client User and the Company, jurisdiction is granted on a non-exclusive basis to the competent courts of PARIS.

Furthermore, in accordance with Article L.616-2 of the Consumer Code, the Company informs the User that the European Commission also provides an online dispute resolution platform which the User can access here: http://ec.europa.eu/consumers/odr/, in order to submit any complaints. The European Commission will then transfer the complaint formulated by the User to the competent national mediators.

Finally, if the Client User wishes to draw the Company’s attention to a particular subject relating to these General Sales Conditions, he/she may also contact Client Services in the “Contact Us” section of the Site.