General Terms and Conditions & Legal Notices applicable from 10/10/2024
Privacy Policy
About disclothed paris and this Privacy Policy
disclothed paris has its registered office at 16 Rue Cels 750014 Paris – FRANCE. In this Privacy Policy, we use the term disclothed paris (as well as “we”, “us” and “our” to refer to the registered office of disclothed paris whose address is indicated above. We ask that you take a few moments to read the following policy which explains how we collect, use, disclose and transfer the personal information you provide to us on our websites, when you contact support disclothed paris by phone, or when you interact with us on social media platforms. It also explains how we collect information through the use of cookies and related technologies when you use our Platforms. When we offer our products for sale online or by phone through Customer Service disclothed paris , you must read the applicable Conditions of Sale, which will govern the terms and conditions of any purchase made in this way.
Updates to this Privacy Policy
We may update this Privacy Policy at any time. If we update it, we will post the changes on this Platform. We collect information about you in the following ways:
- When you purchase products online, we collect information such as your purchase details and related billing information. In addition, we will also collect personal information from you when you communicate with us (for example, if you contact us with a question about one of our products or services), when you provide your contact details when visiting the store disclothed paris or when communicating with support from disclothed paris by phone.
- If you choose to interact with disclothed paris through a social media platform or other third party service, we will collect the information you have provided to us through that platform;
- We also automatically collect certain information about visitors to our Platform, detailed in the section titled “Cookies and Other Information We Collect Automatically” below.
We will use the information we collect from you to:
- Manage and respond to repair requests, as well as provide after-sales services;
- Manage accounts and records;
- Process your questions and requests;
- Send service-related communications, including announcements and administrative messages such as order confirmation;
- Identify products and services that we believe may be of interest to you, based on your information such as your purchase history and previous interactions with us;
- Send you marketing communications (including emails and social media audience correspondence) about us, only if you consent to being subscribed to our newsletter
- Conduct market research as part of the continuous improvement of the services we provide to our customers;
- To conduct credit checks, prevent fraud and other prohibited or illegal activities, and as part of our efforts to maintain the security of our Platform; and
- To understand the use of our Platform so that we can continually improve our Platform services and other offerings.
Where you have consented to a particular use of your information, we process it on the basis of your consent. You may withdraw this consent at any time (for example, in relation to the sending of marketing communications) by contacting our Customer Service . We also process your information where it is necessary for the performance of a contract with you or where it is necessary for our legitimate interests of operating, protecting and improving our business.
Cookies and other information we collect automatically
IP addresses
We will collect information about your computer or mobile device, including, where available, your IP address, operating system, login times, and browser type. We use this information to better understand how visitors use our Platform, as well as for internal reporting purposes.
About Advertising
The Platforms use third parties, such as network advertisers and ad exchanges, to serve you ads on third-party platforms after you leave our Platforms; we use third-party providers of analytics or other services to evaluate and provide us, or other third parties, with information about your use of the Platforms and the viewing of ads and our content. Network advertisers are third parties that display ads based on your visits to the Platforms, as well as other apps and sites you have visited. Third-party ad servers allow us to target ads to you, as well as products and services that may be of interest to you.
We do not control third-party tracking technologies, even if they are associated with our Platforms or our advertisements. Statements about our practices do not apply to the information collection methods used by these third parties and other entities regarding the use of the information that such third parties or other entities collect. The relevant third-party terms of use, privacy policy, permissions, notices, and choices should be consulted with respect to their collection, storage, and sharing practices. We make no representations regarding the policies or practices of third-party advertisers, ad networks, or ad exchanges, or with respect to any associated third parties. You have the opportunity to choose regarding the delivery of advertisements.
Location services
Some of the services we provide may use information about your location. For these services, which are generally available on mobile devices or applications, you have the option to consent to the use of location services that, for example, process information from GPS, sensors, beacons, or Wi-Fi hotspots to provide you with a more personalized service. Your device has settings that allow you to disable these services if you no longer wish to benefit from them.
Sharing your information
We do not rent, sell, or share your personal information with other people or companies except in the following circumstances:
- we will disclose your personal information to third party providers for the purposes of providing online and other payment, credit checking and fraud prevention services, and any other services required to enable us to use your information for the purposes specified in the section titled “Information You Provide to Us and How We Use It”;
- we will disclose your personal information to any law enforcement agency, court, regulator, government authority or other third party where we believe it is necessary to comply with a legal or regulatory obligation, or to protect our rights or the rights of a third party; and
- We will disclose your personal information to any third party that acquires or to which we transfer all or substantially all of our assets and business. Should such a sale or transfer occur, we will make reasonable efforts to ensure that the entity to which we transfer your personal information uses it in a manner consistent with this Privacy Policy.
Protecting your information
We want you to feel confident using our Platform and are committed to protecting the personal information we collect. We limit access to your personal information to those employees who reasonably need to know it in order to provide products or services to you or to carry out their job duties. We have appropriate physical, electronic, and procedural, technical, and organizational safeguards in place to protect the personal information you provide to us against unauthorized or unlawful processing, as well as accidental loss, damage, or destruction. However, where we ask you to choose a password to access certain parts of our Platform, you are responsible for choosing a secure password and keeping this password confidential. You should not choose a password that you have already chosen for any other website, and you should not share it with anyone.
Retention of your information
We only keep your information for as long as necessary for our purposes, including to protect us in the event of a dispute (for example, information relating to a contract with you will be kept for the duration of the contract and for up to ten years after its end). After this period, it will be deleted or, in some cases, anonymized. Where we have asked for your consent to process your personal information and we have no other legal basis to continue processing it, we will delete your personal information if you subsequently withdraw your consent. If you request that we no longer send you direct marketing communications, we will keep a record of your request and your contact details to ensure that your request is respected.
Your choices
You have the right to request access to the personal information we hold about you in our records, to correct any inaccuracies, and to update any outdated information. In certain circumstances, you have the right to request erasure of your personal information or a restriction on its use. You have the right to object to our processing of your personal information in certain cases. In particular, you can ask us to stop sending you direct marketing communications at any time (please note, however, that we may continue to send you service-related (i.e., non-marketing) communications, such as email updates on the status of your order). If you wish to exercise any of these rights, please write to us at hello@disclothed-paris.com. You can unsubscribe from email marketing communications at any time by emailing the address provided above or in the "Contact" section, or by clicking the "Unsubscribe" link in disclothed paris marketing emails.
If you have any concerns about how we use your information, please contact us and we will do our best to resolve your issue. After investigating your complaint, we will respond in writing within a reasonable time setting out our proposed corrective action. If you believe we have processed your personal information unlawfully or in a manner that infringes your rights, you also have the right to lodge a complaint with a European Data Protection Authority in your place of residence or work, or in the jurisdiction where the processing took place.
Intellectual property rights
The content of the site www.disclothed-paris.com, including but not limited to, works, images, photographs, dialogues, music, sounds, videos, documents, drawings, illustrations, logos as well as any other element published on the site www.disclothed-paris.com, including menus, Internet pages, graphics, colors, plans, tools, fonts and design of the Internet site, diagrams, layouts, methods, procedures, functions and software forming part of the site www.disclothed-paris.com , are protected by copyright and all other intellectual property rights of disclothed paris and the relevant rights holders. The reproduction, in whole or in part, and in any form whatsoever, of the site www.disclothed-paris.com and its contents is prohibited without the written consent of disclothed paris . disclothed paris enjoys the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any manner or in any form whatsoever, and in whole or in part, of the site www.disclothed-paris.com and its content. Regarding the use of the site www.disclothed-paris.com , you are only authorized to view the website and its content. You are authorized to browse the website for the purposes of legal use of the site . www.disclothed-paris.com and its content. You are not authorized to reproduce, by any means or in any form whatsoever, all or part of the site www.disclothed-paris.com and its contents. Any reproduction is subject to written authorization on a case-by-case basis from disclothed paris . These reproductions must be made for legal purposes and in accordance with copyright and other intellectual property rights of disclothed paris and authors of works published on the website. The authors of works published on the website www.disclothed-paris.com may at any time assert their copyright and oppose any distortion or modification of their work, in particular damages likely to harm their honor or reputation. You agree to respect the copyright of artists who publish their work on the site www.disclothed-paris.com , or who have collaborated with the site www.disclothed-paris.com to the creation of new forms of expression or artistic expression intended for exclusive or non-exclusive publication on the website or as an integral part of it. You are not authorized under any circumstances to use, in any manner or form whatsoever, the content of the website or works protected by copyright or any other intellectual property right. For example, you may not modify any content or protected works without the agreement of disclothed paris and, if necessary, that of each author of the works published on the site www.disclothed-paris.com .
Trademarks and domain names
All signs allowing the identification of the products sold on the site www.disclothed-paris.com and published on the website are trademarks of their respective owners and are used on the website www.disclothed-paris.com for the exclusive purpose of distinguishing, describing and promoting the products sold on the site www. disclothed-paris .com . disclothed paris and all other registered trademark owners are entitled to the exclusive use of the trademarks they respectively hold. Any illegal or unauthorized use of said trademarks is prohibited and carries serious legal consequences. Said trademarks and any other distinctive signs published on the site www.disclothed-paris.com must not under any circumstances be used to obtain unfair advantages based on their distinctive character or reputation, nor with the aim of harming them or their owners.
Links to other websites
The site www.disclothed-paris.com contains hyperlinks (“links”) to other websites unrelated to the Site www.disclothed-paris.com . disclothed paris does not exercise any control or monitoring over these websites and their content. disclothed paris cannot be held responsible for the content of these sites and the rules adopted by them, particularly with regard to the confidentiality of your personal data and their processing during your navigation. We therefore ask you to observe the greatest attention when you connect to these websites via the links on the site www.disclothed-paris.com and to carefully read their terms of use and data privacy regulations. We remind you that these General Conditions of Use and the Privacy Policy do not apply to websites operated by third parties. The site www.disclothed-paris.com provides links to other websites for the sole purpose of assisting its users in searching and navigating, and to facilitate links to other sites on the Internet. Activating links does not imply any recommendation or notification from disclothed paris to access or browse these websites, nor any guarantee as to their content, their services or the products they provide or sell to Internet users.
Links to www.disclothed-paris.com
To create links to the home page and other publicly accessible web pages of the Site www. disclothed-paris.com , contact disclothed paris to the following email address: hello@disclothed-paris.com. disclothed paris is entitled to object to the use of certain links to its website in the event that the applicant wishes to activate links to the site www.disclothed-paris.com has in the past been involved in unfair or non-industry business practices, or in acts of unfair competition against disclothed paris , or when disclothed paris fears that the applicant may engage in such behavior in the future, or where the applicant has in the past taken actions that discredit disclothed paris and the site www.disclothed-paris.com or where there is reason to fear that he may do so in the future.
Content Exclusion
disclothed paris implements all possible efforts to prevent the publication on its website of content describing or representing scenes or situations of physical or psychological violence or which could, depending on the sensitivity of users of the site www.disclothed-paris.com, be considered prejudicial to personal beliefs, human rights or human dignity, regardless of the forms and expressions used. disclothed paris makes no guarantees regarding the suitability or legality of the content of the website in countries other than France. If said content is considered illicit or illegal in certain countries, do not access our website. If you choose to access it anyway, we hereby inform you that the use of the services provided by the site www.disclothed-paris.com will be your exclusive and personal responsibility. disclothed paris has also adopted measures to ensure the accuracy and relevance of the site's content www.disclothed-paris.com on the date of its publication on the website and also, where possible, thereafter. However, disclothed paris disclaims any liability for the accuracy or completeness of the content published on the site www.disclothed-paris.com , except in cases of willful malice , gross negligence or any other violation of applicable law. In addition, disclothed paris cannot guarantee that the website will operate continuously, without interruption and without errors or malfunctions due to the Internet connection. For any problems using our website, contact our Customer Service . A representative will be available to provide you with the necessary assistance and help you restore access to the website if possible. Contact your Internet service provider or check that each Internet connection and access device is properly activated, including the Internet browser. Despite the efforts of disclothed paris to ensure continuous access to its website, the dynamic nature of the Internet and its contents may result in problems of suspension, interruption or discontinuity of access to the site www.disclothed-paris.com when updating the site. disclothed paris has taken the necessary technical and organizational security measures to protect its services, the integrity of traffic data and electronic communications on the site www.disclothed-paris.com , in order to prevent the use of data, or unauthorized access to it, the risks of dissemination, destruction and loss of data and confidential or non-confidential information relating to users of the site www.disclothed-paris.com , as well as unauthorized or illegal access to said data and information.
General Conditions of Use
For any assistance, access our space Customer Service . Here you will find information regarding orders, deliveries, refunds and returns of products purchased on the site. www.disclothed-paris.com , advice and suggestions, as well as other general information on the services provided by the site www. disclothed-paris .com . disclothed paris (referred to as the "Seller") may modify or update all or part of these Terms of Use. Any modification or update to the Terms of Use will be binding upon publication in this section of the website. Therefore, we ask that you regularly consult this section in order to be aware of the most recent Terms of Use of the site. www.disclothed-paris.com . In the event of disagreement with all or part of the General Conditions of Use of the www.disclothed-paris.com , do not use our website.
Access to the site www.disclothed-paris.com and its use, including viewing the web pages, communicating with disclothed paris, downloading product information and purchasing products on the website, are for personal purposes only and are not related to any commercial or professional activity. We remind you that you will be held responsible for your use of the website. www.disclothed-paris.com and its content. disclothed paris will not be held responsible for any use of the website and its content that does not comply with applicable laws and regulations, without prejudice to the liability of disclothed paris in the event of willful malice and gross negligence. In particular, you will be liable for the communication of incorrect, false or third-party information or data (without the latter having expressed their consent), as well as for any inappropriate use of said information or data.
Finally, all elements being downloaded or obtained through the use of the chosen service at his own risk, the user is responsible for any damage that may affect his computer systems or any possible loss of data following the download of content, and disclothed paris will not be held responsible. disclothed paris disclaims all liability for damages resulting from inaccessibility to the website services or caused by viruses, corrupted files, errors, omissions, service interruptions, deletion of content, problems with the network, providers or telephone and/or data transmission connections, unauthorized access, data modifications, failures and/or malfunctions of the user's electronic equipment.
You are responsible for ensuring the confidentiality and appropriate use of your personal information, including access credentials for restricted services, and are also responsible for any damage or injury to disclothed paris or third parties that may result from the improper use, loss or deletion of said information.
General Conditions of Sale
1. Our Commercial Policy
1.2 - The term "consumer" means any individual acting for purposes other than business or professional purposes. If you are not a "consumer", please do not make a purchase on www.disclothed-paris.com .
1.3 - The Seller reserves the right not to process orders from any person who is not a "consumer" or orders that do not comply with its commercial policy, for example orders that are the subject of reports or suspicions of fraudulent or illegal activities. If this is the case, the order will be considered null and void, and the Seller will inform the user of the non-performance of the sales contract.
1.4 - These General Conditions of Sale exclusively govern the offer, transfer and acceptance of purchase orders relating to products on the site www.disclothed-paris.com between users of the site www.disclothed-paris.com and the Seller.
2. Conditions of execution of the sales contract with the Seller in accordance with French law no. 2014-344 of March 17, 2014 relating to consumption
2.2 - Before purchasing the products, please read the General Terms and Conditions of Sale carefully. In accordance with Article L.221-5 of the French Consumer Code, prior to purchasing your products, we will send you a summary of our commercial and contractual terms and conditions of sale, a summary of the essential characteristics of each of the products ordered and their unit price (including applicable taxes or duties), the payment methods you can use to purchase each product, the delivery terms of the products purchased, the shipping and delivery costs, the address and contact details of the Seller, as well as the delivery date of the products. The Seller will also send you a summary of the deadlines and terms for returning the products purchased. If applicable, you will be informed whether the costs of returning the products are your responsibility. You will be reminded of the existence of the legal guarantee of conformity of the products, we will send you the contact details of our after-sales service and finally inform you that you have the possibility of using the European Commission's platform for the out-of-court resolution of disputes, accessible from the website http://ec.europa.eu.
2.3 - The order confirmation page, displayed immediately before the conclusion of the sales contract, also contains a reference to the General Conditions of Sale, as well as a summary of the essential characteristics of each of the products ordered, the price (including applicable taxes or duties) and the shipping costs (including any additional costs that will be payable by you if you choose, instead of standard delivery, a different and/or faster shipping and delivery method). The contract is deemed to be concluded once the Seller, having received your order form electronically, has verified the accuracy of the information relating to the order.
2.4 - When submitting the order form, you will be informed that this submission implies the obligation to pay the price of the products concerned. Before submitting the order form, you will also be asked to detect and correct any data entry errors.
2.5 - The order form will be archived in our database for a period strictly necessary to process your order, and in accordance with the applicable legal deadlines.
2.6 - The language used for the conclusion of the contract with the Seller is French.
2.7 - Once the order form has been sent, the Seller will process your order.
2.8 - The Seller will have the option of not processing orders that present insufficient guarantees in terms of solvency, are considered incomplete or incorrect, or in the event of unavailability of the products. In this case, we will inform you by e-mail of the non-execution of the contract and the fact that the Seller has not processed your order, with supporting justifications. In the event that the products presented on www.disclothed-paris.com are no longer available or for sale at the time of receipt or execution of your order, the Seller will be required to inform you of the unavailability of the products ordered within thirty (30) days from the day after your order is transmitted to the Seller. If you have already paid for the products ordered, the Seller will take the necessary steps to reimburse you as soon as possible, and the contract between the parties will be considered terminated.
2.9 - By submitting the order form, you unconditionally accept and undertake to comply with these General Terms and Conditions of Sale within the framework of the contract concluded with the Seller. If you do not agree with any provisions of these General Terms and Conditions of Sale, we invite you not to transfer your order form for the purchase of products on www.disclothed-paris.com .
2.10 - By submitting your order form, you confirm that you have read and accepted these General Conditions of Sale, as well as the additional conditions indicated on www.disclothed-paris.com.
2.11 - After transmission of the order form, the Seller will send you, by e-mail, an acknowledgment of receipt of your order, containing these General Conditions of Sale, as well as all the information contained in the summary of commercial and contractual conditions which can be consulted before sending the order.
3. Warranty and indication of product prices
3.2 - The Seller does not sell any product that is defective or of inferior quality compared to applicable market standards.
3.3 - The essential characteristics of the products are presented on each of the product sheets on the website www.disclothed-paris.com . However, it is possible that the images and colors of the products offered for sale on www.disclothed-paris.com do not correspond exactly to the real items depending on the Internet browser and the screen used. In particular, the product sheets present photos of said products (sewing kits or patterns sold individually) after they have been sewn by the Seller and/or its official partners (clothing workshop and/or professional pattern makers). The Seller does not guarantee in any way that the photos of these prototypes faithfully reflect what the Consumer will be able to do with them, the result depending on their level of sewing, the care taken in the creation of the work, and their stylistic choices. The photos of the prototypes highlighted by the Seller on the site www.disclothed-paris.com are intended only to offer an example of a look so that the Consumer can imagine the desired result as realistically as possible. The Seller cannot therefore be held responsible for any difference between the visual of the creation resulting from the ordered item (the pattern and/or the sewing kit / the "ready-to-sew" model) and the personal creation that the customer will make after use and making. The models in the "HANDMADE FOR YOU" section are made to measure and by hand, it is possible that they are not all identical since they are by definition unique, and are not the product of a chain production carried out by machines.
3.4 - Product prices may vary. Before submitting the order form, please check the final price indicated. If the Seller finds an error in the price indicated or in the calculation of the amount required at the time of payment, the Seller will reject the order and contact the user to give them the opportunity to purchase the product(s) in question at the correct price.
3.5 - Purchase requests from countries not included in the list of countries displayed on the homepage cannot be accepted by the Seller.
3.6 - All items sold by the Seller are covered by a twenty-four (24) month warranty against non-conformity, as provided for by applicable law. You must inform the Seller of the existence of a non-conformity within two (2) months from the day you discovered said non-conformity. If an item has a non-conformity, you can either have it repaired or replaced. If these solutions are impossible to implement or seem disproportionate, you can ask the Seller to apply an appropriate reduction to the purchase price or demand termination of the contract.
4. Payment
4.2 - In case of payment by credit/debit card, all information (e.g. card number or expiry date) will be transferred, by means of an encrypted protocol, to La Banque Postale or other banks providing remote electronic payment services, without third parties being able to have access to it under any circumstances. This information will be used by the Seller only to carry out the procedures related to your purchase, or to issue refunds in case of return of the products, in accordance with your right of return, or if it proves necessary to report to the competent authorities the occurrence of fraud on www.disclothed-paris.com .
5. Shipping and Delivery
6. Customer Service
7. Return Policy
You may exercise your right of return, in accordance with Article L.221-24 of the French Consumer Code, by simply submitting a written statement explicitly stating your decision to withdraw from the sales contract. In these cases, you will be responsible for proving that you duly exercised your right to withdraw from the sales contract within the prescribed time limit.
In accordance with Article L.221-23 of the French Consumer Code, once you have exercised your right of withdrawal from the sales contract, the products to be returned must be entrusted to a carrier within fourteen (14) days from the date on which you notified the Seller of your decision to withdraw.
In accordance with Article L.221-28 of the French Consumer Code, the right of return is excluded if you have purchased personalized products or in the case of sealed items that have been opened after delivery and which cannot be returned for health or hygiene reasons.
Conditions for exercising the right of withdrawal in accordance with article L.121-20-12 of the French Consumer Code
- The right of withdrawal has been duly exercised within fourteen (14) days from receipt of the products by following the aforementioned procedures.
- The products must not have been used, worn or washed and, in any case, comply with the conditions mentioned in the section on Compliance Checks below.
- The label or "easel" present on each of our fabric coupons is always attached to the products, of which it is an integral part.
- The products are returned in their original packaging. The packaging is not damaged (creased, torn or stained).
- The products are entrusted to the carrier within fourteen (14) days from the date on which you notified the Seller of your decision to withdraw.
- The products are not damaged.
Conformity checks of returned products
Return deadlines and procedures
- Credit/debit card purchases: Refund times will vary depending on the card issuer, but will normally be processed within 10 business days. The credit value date will be the same as the original debit. You will therefore not incur any loss in bank interest.
Product exchange
- You can only request the replacement of one or more purchased product(s) with products of the same model, but of a different size and/or color.
- You may request to exchange one or more purchased products no later than fourteen (14) calendar days from the date you received the products. The products to be replaced must be returned within fourteen (14) calendar days from the date you notify the Seller of your intention to exchange the products.
- You can only submit one exchange request for each product purchased.
- The products to be replaced must be returned to the Seller in their original packaging, must not have been used, washed or modified, must not be worn or damaged and must bear their identification label with the disposable seal.
8. Reimbursement deadlines and terms
8.2 - The Seller will refund you using the same payment method you used to purchase the returned products, unless you have expressly agreed with the Seller on a different payment method, and on the condition that the refund does not entail any additional costs for you. If the recipient of the products indicated in the order form does not correspond to the person who paid for the products, in the event of exercising the right of withdrawal, the refund will be paid by the Seller to the person who paid for the purchases.
9. Products purchased on pre-order
9.2 - Payment for pre-ordered products can only be made by bank card.
9.3 - Unless otherwise stated in subsection 9, these General Conditions of Sale apply fully to pre-order products.
10. Applicable Law and Dispute Resolution
10.2 - In the event of a dispute between the Seller and a customer regarding the General Conditions of Sale and which cannot be resolved via Customer Service of the Seller, the Seller accepts possible recourse to alternative dispute resolution services made available to consumers, as stipulated by French legislation.
10.3 - We also inform you that the European Commission has a platform for the out-of-court resolution of disputes, accessible on the website http://ec.europa.eu/odr.
10.4 - In the event of a dispute concerning orders and/or these General Conditions of Sale, the competent court will be considered to be the court of the place of domicile or residence of the consumer, in accordance with applicable legislation.
11. Modifications and updates
ARTICLE 1. PARTIES
This refund policy is applicable between disclothed-paris , registered with the RCS of Paris in France , under number 84929932600017 , head office: 16 Rue Cels, 75014 Paris, FR , email: hello@disclothed-paris.com , article 293B of the CGI, hereinafter “the Publisher” and any person, natural or legal, private or public law, registered on the Site to purchase a Product, hereinafter “the Customer”.
ARTICLE 2. DEFINITIONS" Customer »: any person, natural or legal, private or public, registered on the Site.
“Site Content ” : elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“The Publisher”: disclothed-paris , Self-employed person acting in his capacity as publisher of the Site.
“Internet user”: any person, natural or legal, private or public, connecting to the Site.
“Product”: goods of any kind sold on the Site by the Publisher to Customers.
“Site”: website accessible at the URL disclothed-paris.com , as well as the sub-sites, mirror sites, portals and URL variations related thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible and free of charge to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box. The Internet user thereby acknowledges having fully understood them and accepts them without restriction. Checking the aforementioned box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute. These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user. Acceptance of these general conditions assumes that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.ARTICLE 5. ORDER STEPS
5.1. Order
To place an order, Internet users can select one or more Products and add them to their shopping cart. Product availability is indicated on the Site, in the description sheet for each item. Once their order is complete, they can access their shopping cart by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will have the option to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their total price. They will have the option to remove one or more Products from their basket. If their order is suitable, Internet users will be able to validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose to the secure payment interface containing the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming its processing, including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and are not effective for the future. The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
6.2. Payment method
The Customer may pay by credit card: Apple Pay, VISA, Mastercard, American Express. When paying by credit card, the Publisher does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank. In the case of payment by money order, check, or bank transfer, delivery times only begin to run from the date the payment is received by the Publisher.
6.3. Billing
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute. Any amount not paid on the due date will automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the principal amounts due. In addition, any late payment will result in the defaulting Customer being invoiced for recovery costs in the amount of 40 euros, the immediate due date of all amounts remaining due regardless of the agreed deadlines, increased by compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally at the Customer's expense. This clause is within the framework of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it to be excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINT - WITHDRAWAL - GUARANTEE
7.1. Customer Service
The Site's customer service is accessible from the site's contact page: https://disclothed-paris.com/pages/contact or by email at hello@disclothed-paris.com or by post to the address indicated in article 1 of these general conditions.
7.2. Right of withdrawal – Distance selling
This article 7.2 is applicable to the Customer having the status of consumer within the meaning of the introductory article of the Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs. The period mentioned in the preceding paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods. In the case of an order for several goods delivered separately or in the case of an order for a good composed of batches or multiple pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last good or batch or the last piece. For contracts providing for the regular delivery of goods over a defined period, the period begins upon receipt of the first good. When the fourteen-day period expires on a Saturday, Sunday, or a public holiday or non-working day, it is extended until the next working day. The decision to withdraw must be notified to the Publisher at the contact details indicated in Article 1 of these general terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general terms and conditions. In any event, the Publisher will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer returns or restores the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw. When the right of withdrawal is exercised, the professional is required to reimburse the Customer for the full amount paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the professional may defer reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, whichever is the earlier. Beyond this, the amount due is, by operation of law, productive of interest at the legal rate in force, as specified in Article L. 242-4 of the French Consumer Code. Where applicable, the professional will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and provided that the refund does not incur any costs for the Customer. However, the professional is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered. The direct costs of returning the Product are borne by the Customer, unless < disclothed > paris decides to waive the return costs in exceptional circumstances. The Customer is only liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product. The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general terms and conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
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for the provision of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the Customer and express waiver of his right of withdrawal;
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supply of goods made according to the Customer's specifications or clearly personalized: HANDMADE FOR YOU models made to measure, fabric cut by the meter on request.
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supply of goods liable to deteriorate or expire rapidly;
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for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
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of supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
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for the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
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for the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
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concluded at a public auction;
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for the supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the Customer and express waiver of their right of withdrawal: digital sewing patterns (PDF format).
Similarly, the right of withdrawal is not applicable to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
7.3. Termination of the contract at the initiative of the Client
The Consumer Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than fifteen days. The Customer will then be reimbursed for the amounts paid by him when ordering. This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to invoke the cancellation of the sale provided for in this article.
7.4. Guarantees
7.4.1. Warranty for apparent defects and faults
It is the Customer's responsibility to check that the Products are in good condition at the time of delivery. This check must include the quality, quantities and references of the Products, as well as their conformity with the order. No complaints will be considered after a period of three days from delivery. In any event, any complaints concerning delivered packages will only be taken into account if the Customer, being a trader, has expressed reservations to the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.
7.4.2. Warranty for hidden defects and faults
7.4.2.1. Legal guarantees
Customers have a legal guarantee of delivery in accordance with the terms of the contract (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code) and a security guarantee (Articles 1245 et seq. of the Civil Code). Customers who are consumers also have a legal guarantee of conformity (Articles L. 217-4 et seq. of the Consumer Code).
7.4.2.2. Conventional guarantee
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 1 year from delivery of the Product.
7.4.2.3. Return
In order to implement the guarantee, it is the Customer's responsibility to return the product to the address indicated by the Publisher, accompanied by an explanatory letter requesting either repair, exchange or refund. In any event, the Customer is asked to follow the Publisher's instructions precisely regarding the return of the Products. The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L. 217-4 et seq. of the Consumer Code, and unless the Brand decides to waive them exceptionally (returns are currently free in mainland France).
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable law
These general conditions are subject to the application of French law.
8.2. Modifications to these general conditions
These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in effect on the day of their order or connection to this Site; any new connection to the personal space implies acceptance, where applicable, of the new general terms and conditions.
8.3. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any dispute with a Consumer Customer that may arise in the context of the execution of these general conditions and for which a solution cannot be found amicably between the parties beforehand must be submitted. In addition, the Consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. Since January 1, 2016, mediation has been mandatory for all. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD). Mediation of Cooperative and Associated Commerce / https://www.mcca-mediation.fr/
8.4. Entirety
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of this contract.
8.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.
8.6. Languages of these general conditions
These general conditions are offered in French.
8.7. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.