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- Introductory notices
- Method of orders by subscription and purchasing process
- Prices of products, taxes and delivery charges
- Payment information
- Delivery or availability
- Customer service and right of withdrawal
- Warranty of products purchased on this website
- Provisions specific to the nature of some products
- User space
- Publisher’s liability disclaimer
- Newsletter from the publisher and its partners
- Notices relating to the Data Protection Act
- Notices relating to the collection of “cookies”
- Intellectual property relating to the items on this website
- General provisions and governing law
1. Introductory notices
a) Legal notice
To comply with the provisions of the Law of 21 June 2004 regarding confidence in the digital economy, the following required legal notices shall be set out so as to allow identification of the publisher of this Internet site.
This site is published by the Société Shoesyourvintage (Company), SAS (simplified joint-stock company) with a capital of €27,000, registered with the Paris Trade and Companies Register under the number 815 209 606, and whose head office is located at 4, rue de Navarre, 75005 Paris. The publisher can be reached by telephone at 0761025068 or by electronic mail at the following address: firstname.lastname@example.org
Non applicable VAT, article 293B of the French General Tax Code.
Shoesyourvintage is registered to the CNIL under the number 1959285.
The publication director of the site is Benjamin Chosidow.
The person in charge of the drafting is Benjamin Chosidow.
This site is hosted by Société OVH, whose head office is located at 2, rue Kellermann, 59100 Roubaix, and can be reached by telephone at the following number: 097210100.
The general terms of sale were produced by way of the CGV-expert.fr module.
This site is freely accessible and free of charge to any Net surfer. It consists of a sales site of online products.
c) Acceptance of the general terms of sale
Subscription to a contract governed by these general terms with the site publisher presupposes the acceptance of the aforementioned general terms of sale by the user. The user acknowledges the same fact of having become fully acquainted with it. This acceptance shall consist, in the fact, of validating these general terms for the user.
The user acknowledges the evidential value of the automatic registration systems of the site publisher and, except for the former providing proof to the contrary, the user waives the idea of contesting it in the event of litigation.
Acceptance of these general terms presupposes, on behalf of the users, that they may benefit from the legal competence necessary for that, or unless they have the authorisation of them from a guardian or from a ward if they are (legally) incompetent, from their legal representative if they are minors, or even if they may be holders of a proxy if they act on behalf of a legal entity.
2. Method of orders by subscription and purchasing process
The products are sold within the scope of stock on hand. The availability of products is indicated in the description sheet of each item on the site.
In order to comply with the provisions of the Law of 21 June 2004 regarding confidence in the digital economy, the order process shall be described below:
For placing orders, the user may select one or several products and then add them to its basket. When its order is complete, the user shall be able to access its basket by clicking on the button provided for this purpose. By consulting its basket, the user shall have the option to confirm the number as well as the nature of the products that it shall have selected and shall be able to confirm their unit price as well as the total price of the order. The user shall have the power to remove one or several products from its basket. The option which the user has at its disposal or not to exercise its right of withdrawal as well as the deadlines and terms which apply to it, shall be particularly indicated in this summary.
If the order suits the user and if he/she wishes to execute it, the user shall be able to click on the confirmation button. He/She shall then proceed to a form on which he/she may either key in the connection identifier assuming he/she already has one, or register on the site by completing the form with the personal information concerning him/her that is presented to it.
As soon as he/she is connected or after he/she has correctly completed the form, the user shall then be asked to check or to change the delivery and invoicing contact information, to read and to validate these conditions, to confirm the order then shall be asked to carry out the payment by being redirected to the secure payment interface for that purpose.
Once the payment is actually received by the site publisher, this latter undertakes to acknowledge receipt of the payment to the user by email, within a maximum deadline of 24 hours.
Likewise, and within the same deadlines, the publisher commits to sending the user a summary email of the order so as to confirm the processing to the former as well as sending this latter all of the information relating to the order.
3. Prices of products, tax and delivery charges
Prices indicated on the site are understood to be in Euro, inclusive of all taxes, and excluding delivery charges. Prices are firm, without discount, reduction or rebate. These prices can be changed by the publisher at any time. The price applicable to the client is the one in force during the order.
Delivery charges shall be indicated to the client prior to any payment under any and all circumstances.
In case of delivery outside of the customs territory of the European Union and the French overseas territories and regions, the user is informed that customs duties and other taxes shall possibly be due for payment. The necessary formalities and payment of the aforementioned taxes and duties are not the responsibility of the publisher and shall be payable by the user under any and all circumstances. It is therefore incumbent upon this latter to verify all of these data with the competent authorities of the delivery country, as well as the likelihood of importing the product, prior to any order on the site.
THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE PUBLISHER UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS TILTE RETENTION CLAUSE. THE RISKS ARE TRANSFERRED TO THE CLIENT AS FROM DELIVERY OF THE PRODUCTS.
4. Payment information
The Net surfer can place an order on this site and can carry out its payment by bank credit card.
Payments by bank credit card are made by means of secure transactions provided by the provider: Société Générale.
Within the framework of payments by bank credit card, the site publisher has no access to any data relating to the client’s methods of payment.
The delivery deadlines defined in the article below start running only from the actual date of receiving the payment by the seller, this latter being able to provide the proof of this by any means. For lack of receiving the client’s payment within a one-week deadline from order placement, the order shall be rescinded and the products put back for sale on the site.
Failure to pay any amount due to the publisher within its term shall give rise to the collection of penalties equal to (3) three times the legal interest rate to which a fixed indemnity of 40 euros shall be added for collection costs. These penalties shall be due as from the day following the due date of unpaid sums, without prior formal notification.
5. Delivery or availability
a) Time limit
Orders are delivered by the Post or any carrier designated by the publisher within 10 working days as from the effective collection of the price corresponding to the order.
Some products or some order volumes can nevertheless justify a longer delivery time, whereas express notice shall be made of this fact to the attention of the user during the order confirmation.
b) Damage and partial loss
In the event of delivery of an apparently incomplete and obviously damaged package, or one containing damaged objects, it is up to the client to refuse it so as to benefit from the warranty offered by the carrier. The user must otherwise inform the publisher about this immediately, so that a new package may be set up for the former, then sent from receipt of the damaged package in return. In such case, the delivery times indicated within these general terms above, shall no longer be applicable.
6. Customer service and right of withdrawal
a) Customer service
Customer service of this site is accessible from Monday through Friday from 9 AM until 6 PM at the following standard rate telephone number: 0761025068, by email at the following address email@example.com or by post mail at the following address: Shoesyourvintage, 4 rue de Navarre, 75005, Paris. In these last two cases, the publisher shall endeavour to do its best to have a response within two working days.
b) Right of withdrawal
The consumer has the right to withdraw from this contract within fourteen days (14 days) without giving any reason. The period of withdrawal expires fourteen days after when you, or a third party other than the carrier and designated by you, physically takes possession of the good or of the last good.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of a statement devoid of all ambiguity (for example, a letter sent by post, fax or email). In order to facilitate your steps, you can use the withdrawal form model, however it is not compulsory.
So that the period of withdrawal is complied with, it suffices for you to send your communication relating to the exercise of the right of withdrawal prior to the expiry of the period of withdrawal.
c) Effects of withdrawal
In case of withdrawal at your request, we shall reimburse you for all of the payments received on your behalf, including delivery charges (with the exception of supplementary charges emanating from the fact that you selected, if need be, a less expensive delivery method other than the standard delivery offered) without undue delay and, in any case, no later than fourteen days as from the day that we are notified of your decision to withdraw. We shall proceed to the reimbursement by using the same means of payment as the one that you shall have used for the initial transaction, unless you expressly agree to a different method; in any event, this reimbursement shall not incur any expenses for you. We can postpone the reimbursement until we have received the item or until you have provided proof of dispatching the good, the retained date being that of the first of these actions.
You must send back or return the good without undue delay and, in any event, no later than fourteen days after you shall have communicated to us your decision to withdraw. This deadline is deemed compliant provided that you return the good prior to the expiry of the fourteen-day deadline.
You must assume the direct costs of returning the good. The cost of returning the good when this latter, due to its nature, cannot normally be returned by post shall be indicated by the publisher prior to the conclusion contract.
Your responsibility is bound only regarding the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and smooth operation of this good.
The return of products is performed at the client’s risks and expense.
7. Warranty of products purchased on this site
In the event of a defective product purchased on this site, in accordance with the provisions of articles 1641 et seq. of the Civil Code concerning the legal warranty against hidden defects, the user has a period of two years at its disposal as from ascertainment of the aforementioned defect to ask for a rescinding of the purchase or a reduction in the selling price (article 1644 of the Civil Code) and, in accordance with articles L211-4 et seq. of the Consumer Code, in the event that the delivered good is not compliant, the consumer shall have a period of two years as from receipt of aforementioned product to seek redress or replacement of the item, notwithstanding the cost conditions laid down by article L211-9 of the Consumption Code. The consumer is exempt from proving the existence of lack of conformity of the good for 24 months following delivery of the good, except for second-hand goods, the deadline then being 6 months.
To exercise one of these rights, it shall be up to the client to get in contact with the publisher’s customer service.
In addition to the warranty on hidden defects defined by the Civil Code, as well as the proper compliance warranty imposed by article L211-5 of the Consumption Code that, if need be, are always applicable to them and which are defined above, some objects acquired on this site benefit from a conventional warranty provided by the seller or the manufacturer, whose duration shall be likely to vary according to the product, and that shall notably be itemised on the description sheet and the product user manual. The possible commercial warranty is the subject of a written agreement, a copy of which is remitted to the buyer.
8. Provisions specific to the nature of some products
All of the products sold on this site are marketed in accordance with the statutory and regulatory provisions in force in France. The compulsory displays requested by the statutory and regulatory provisions in force are performed on this site, and notably in the description sheet of each article.
9. User space
The creation of a user account is an essential prerequisite for any order from a user. In this respect, the user shall be asked to provide some personal information. The user commits to supplying precise information under penalty of contract cancellation at the initiative of the publisher and deletion of the user account.
Some information shall be deemed indispensable to the contract conclusion and their collection shall be essential to the creation of the account and to confirmation of the contract conclusion. Refusal by a user to provide the aforementioned information shall have the effect of preventing the creation of the user account as well as, incidentally, the order confirmation.
This space allows the user to consult all of its orders placed on the site, and furthermore, if need be, allows tracking the delivery of the products purchased.
If the data contained in the user account should happen to disappear following a fortuitous event, due to a technical breakdown or after a case of force majeure, the publisher’s liability of this site might not be bound, since this information does not have any probative value but only an informative character. The publisher commits, however, to keeping all contractual elements securely whose retention is required by law or the regulation in force.
The publisher reserves the exclusive right to delete the account of each user who might have contravened these general terms (in particular but without this example having an exhaustive nature, once the user has knowingly provided false information, during his/her registration and setting up his/her account) or even any account being inactive for at least one year. The aforementioned deletion shall not be likely to constitute damage for the excluded user who may not claim any compensation from this event.
For the publisher, this exclusion is not exclusive of the possibility of undertaking judicial court proceedings against the user, when the facts shall have justified it.
During the creation of a user account, this latter shall be asked to select a password. This password constitutes the guarantee of the confidentiality of information contained in his/her account and he/she is thus forbidden from transmitting it or from communicating it to a third party. Failing that, the site shall not be able under the obligation of unauthorised access on behalf of a user.
10. Publisher’s liability disclaimer
a) Accessibility to the site and force majeure
In case of impossibility to access the site, due to technical problems or of any kind, the user shall not be able to invoke any damage and shall be not able to claim any compensation.
The unavailability, even extended without any time limitation, of one or several products, cannot be constitutive of a loss for the user and cannot give rise at all to the awarding of damages on the part of the site or its publisher.
The publisher shall not be held liable under any circumstances for the breach of contract that can be attributable to a case of force majeure, within the meaning that the courts under French legislation give the former.
b) Visual representation of products
The visual representations of products published on this site, are guaranteed by the publisher as completely faithful to reality, so as to comply with its obligation of accurate information. However, at the current state of technology, the preview of these representations, particularly in terms of colours or form, can significantly vary from one computer workstation to another or differ from reality according to the quality of the graphic accessories and the screen or according to the display resolution. These variations and differences shall be deemed, under any event, attributed to the publisher who by no means may see its liability committed due to this fact.
c) Products sold on this site
The publisher undertakes to respect all of the applicable provisions in force in France and shall not be held liable for failure to observe the statutory and regulatory provisions in force in other countries.
The site publisher cannot be held responsible under any circumstances for the misuse of the products, the poor maintenance of products, accidental damage or improper use of the products.
The products suggested for sale on the site being sold as not installed, the user declares being responsible for the installation of the products which he/she must perform according to the standards and practices and in accordance with the user’s manual.
d) Hypertext links
The hypertext links present on this site can refer back to other Internet sites and the responsibility of the site publisher cannot be bound if the content of these sites contravenes laws in force. Likewise, the liability of the site publisher cannot be bound if the visit, by the user, of one of these sites, caused him/her any loss.
11. Newsletter from the publisher and its partners
By ticking the box provided for this purpose or by expressly giving his/her consent to this end, the user accepts that the publisher may forward to them, at a frequency and under a form which it shall determine, a newsletter that can include information relating to its business activity. When the user checks the case provided for this purpose, he/she agrees to accept the commercial offers from the site publisher for products and services similar to those ordered.
Subscribed users shall have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, which is present in each of the newsletters.
Likewise, the user having accepted communication of personal data (and particularly of his/her email address) to third party partners of this site by checking the box provided for this purpose, may receive newsletters issued by these partners, whether for commercial purposes or not, with the frequency and under the forms determined by the aforementioned partners.
At any time, the user has the option at its disposal to unsubscribe by clicking on the link provided for this purpose, which is present in each of the newsletters issued by the aforementioned partners. Failing that, the user has the option to unsubscribe directly by getting in contact with one or several senders of the aforementioned newsletters. The publisher of this Internet site cannot be held liable under any circumstance for the content, for data or for newsletter forms sent by the aforementioned partners, regardless of the loss that might have been suffered by the user. Any claim must be directly formulated with the sender of the newsletter.
12. Notices relating to the Data Protection Act
a) Overviews – Aim – Duration
The user has the free power to provide personal information concerning himself/herself. Supplying personal information is not essential for navigation on the site. On the other hand, registration on this site presupposes the collection, by the publisher, of some personal information concerning the user. The user not wishing to supply the information necessary for the creation of a user account shall not be able to place an order on this site.
The collected data are necessary for the proper administration of services offered on this site as well as the compliance of its contractual obligations by the publisher. These data are kept by the publisher in this unique capacity, and the publisher commits not to use them within another framework, nor to transmit them to third parties, excluding by express agreement of the users or cases specified by law.
The contact information of all the users registered on this site is safeguarded for a maximum duration of 12 months as from the deletion of the personal space, a reasonable period necessary for the proper administration of the site and for the normal use of data. These data are kept under secure conditions, according to the current means of technology, in compliance with the provisions of the Data Protection Act of 6 January 1978.
b) Right of access, right of correction and opposition
In accordance with the Data Protection Act, the user has a right of opposition, of questioning, of access and correction of the data which he/she provided. For this purpose, it suffices to make the request to this site’s publisher, by formulating the former to the following e-mail address: firstname.lastname@example.org, or else by post mail at the head office of the publisher mentioned at the top of these general terms.
Collected personal data are the subject of computer processing and are exclusively reserved for the site publisher.
The person in charge of the processing is Benjamin Chosidow.
Declaration number with the CNIL (National commission for information technology and civil liberties):
c) IP address
Furthermore, the publisher reserves the right to collect the public IP address (Internet Protocol) of each user. The collection of this IP address shall be performed anonymously; it shall be kept for the same period as the personal information and shall only be intended to allow the proper administration of services offered on this site. The IP address corresponds to a series of numbers separated by periods allowing the unique identification of a computer on the Internet network.
The publisher must communicate all personal data relating to a user to the Police (on court order) or to each person (on order from the judge). The IP address of any computer may be the subject of a reconciliation with the actual identity of the subscriber retained by the FAI (access providers to the Internet).
13. Notices relating to the collection of “cookies”
a) Overviews – Aim – Duration
To allow the user optimum navigation on this site, as well as better functioning of different interfaces and applications, the publisher shall be able to undertake the establishment of a cookie on its computer workstation. This cookie allows storing information relating to navigation on the site (date, page, time), as well as to the possible data entered by the user during the course of his/her visit (searches, login, email, and password). These cookies have the authority to be kept on the user’s computer workstation for a variable period extending up to 12 months, and may be read and used by the publisher during a subsequent visit of the user on this site.
b) Right of opposition to the implementation of cookies
The user has the possibility of blocking, changing the retention period, or deleting this cookie via the interface of his/her navigator (generally: tools or options/private life or confidentiality). In such a case, navigation on this site shall not be optimised. If the systematic deactivation of the cookies on the user’s navigator prevents him/her from using some services or functionality provided by the publisher, this malfunction cannot constitute damage for the user under any circumstances who shall not be able to claim any compensation from this event.
c) Deletion of the cookies
The user also has the possibility of deleting cookies present on his/her computer beforehand, by going into the menu of their navigator provided for this purpose (generally, tools or options/private life or confidentiality). Such action does not have any impact on his/her navigation on this site, yet makes the user lose all of the advantage brought by the cookie. In that case, he/she must once again enter all of the information concerning this former.
14. Intellectual property relating to the items on this website
All of the elements making up this site belong to the publisher or are the subject of an operating authorisation and are protected by the legislation relating to intellectual property.
The user therefore recognises that, in the absence of authorisation, any total or partial copy and any broadcasting or exploitation of one or some of these elements, even changed, shall be likely to give rise to judicial proceedings led against him/her by the publisher or its rightful owners.
This protection shall concern all graphic and textual content of the site, but also its structure, its name and its corporate style guide.
Likewise, the user recognises being informed that the matrix of these general terms was registered with a court bailiff and that any reproduction, even a partial one of this document may be the subject of judicial proceedings for trademark infringement.
15. General provisions and governing law
a) Change to the general terms
These general terms can be changed at any time by the site publisher or its proxy. The general terms applicable to the user are those in force on the day of the order. The publisher obviously undertakes to retain all of its previous general terms and to send them to any user who makes the request for them.
b) Applicable law and courts with jurisdiction
These general terms are subject to the application of French law and the exclusive competence of the French courts. The contract language is French, any version available in a foreign language on the site only has an informational value. Likewise, this site may be translated into various languages to facilitate the navigation of the non-French-speaking users who would like to order on the site.
IN CASE OF LITIGATION WITH A CLIENT HAVING THE CAPACITY AS SHOPKEEPER, WITHIN THE MEANING THAT THE FRENCH COURTS GIVE TO THE FORMER, EXCLUSIVE COMPETENCE IS CONFERRED ON THE COURTS IN THE JURISDICTION IN WHICH THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of litigations
Other than complaints relating to law and order, all litigations which might occur within the framework of the execution of these general terms, prior to any judicial action, shall be subject to the assessment of the site publisher towards an amicable settlement. It is expressly recalled that the requests for amicable settlements do not suspend the deadlines opened to start the legal proceedings.
The consumer can, moreover, resort to the consumer ombudsman on whom the publisher depends. It is recalled that a litigation cannot be reviewed by the consumer ombudsman when a consumer does not justify having provided proof, beforehand, to resolve his/her litigation with the publisher.
Contact information of the consumer ombudsman:
• Name of the ombudsman:
• Telephone number:
• Internet site:
If one of the clauses of these general terms should happen to be declared null by an order of the court, this nullity cannot remove the nullity from the entirety of the other clauses, which might continue producing their effect.
e) Non waiver
The fact, for the parties, not being able to temporarily or permanently invoke one or several clauses of these general terms, shall not remove, under any circumstance, the waiver to be invoked from the rest of the general terms.
If a consumer wishes to withdraw from the contract, he/she can use the form below.
WITHDRAWAL FORM MODEL
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Shoesyourvintage, 4 rue de Navarre, 75005 Paris. Can be reached at 0761025068 or by email at the following address: email@example.com
I/we hereby (*)notify you (*) of my/our (*) withdrawal from the contract concerning the sale of the good (*)/for service (*) below:
– Ordered on (*)/received on (*): ………………………………………………..
– Name of the consumer(s): ………………………………………………….
– Address of the consumer(s): ……………………………………………………
Signature of the consumer(s) (only in the event of notification of this paper form): ….
– Date: ………………………………………………….
(*) Please delete as appropriate.
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