General Terms and Conditions of Sale :

SECTION 1 – General Terms and Conditions of Sale
These General Terms and Conditions of Sales (GTCS) determine, without restrictions, the rights and obligations of all parties to a sale conducted by the company TRAITS (“the Seller”) to consumers or non-professional buyers (“the Customers or the Customer”) of all products offered for sale by the Seller (“the Products”) on the website https://traits.fr/fr.

Specifically, they set out the terms and conditions for the order, payment, delivery and management of any returns of Products ordered by the Customers. These General Terms and Conditions of Sale are likely to be supplemented by special conditions, set out on the website, before any transaction with the Customer. These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website https://traits.fr/fr and will prevail, where applicable , over any other version or any conflicting dispositions.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in effect on the website on the date the order is placed.

Any modification of these General Terms and Conditions of Sale are applicable to the users of the website https://traits.fr/fr as from the date they are uploaded to the website and cannot apply to any transaction previously entered into.

SECTION 2 – Products offered for sale
The following products are offered for the sale on the website : scarves, stoles and textile accessories. The Products’ main characteristics including their specifications, illustrations and indications of dimensions or capacity of the Products are presented on the website. The Customer must read said information before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
Photographs and designs displayed on the website https://traits.fr/fr are non-contractual and shall not incur the Seller’s liability. The Customer must read each Product’s description to learn its properties, essential characteristics and associated delivery time, but also, in case of a continuous or periodic supply of a Product, the minimum required duration for the contract.

However, the photographs and texts illustrating the products are not contractual. The Customer is informed that some of the Products are handcrafted. Irregular prints are common and contribute to the rendering of the product.

The Products displayed on the website are offered for sale in Europe and internationally.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.

SECTION 3 – Duration of the validity of offers
Offers of Products are made within the limits of available stocks, as specified at the time the order is placed, excluding custom-made products.

SECTION 4 – Seller’s contact information
SAS TRAITS, RCS PARIS 394 491 146
Headquarters : 143 rue d’Alésia – 75014 PARIS
Email address : info@traits.fr Telephone: 01.45.42.36.01
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (general regulations on data protection) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by mail and by proving his identity, to the address of the Seller, mentioned above.
Placement of the order by the Customer constitutes acceptance without restriction or reservation of these GTCS. The Customer indicates having the required capacity to contract and to purchase the Products offered on the website.

SECTION 5 – Orders
5.1. Placing an order
The Customer must select on the website the Products he wishes to order, under the following conditions:

o place an order, the customer must select the products of interest to him and click on the link «  Add to my cart”. At any moment, he will be able to:
– View a recap of the selected products by clicking on the link «  My cart » ;
– Continue shopping by clicking on «  Continue shopping » ;
– Finalize his selection and place his order by clicking on «  Order »
Acceptance of the offer by the customer is validated, under the double-click procedure, by a confirmation of the order.
– To place an order, the customer, after having filled his virtual shopping cart with the selected products and the desired quantities, then clicks on the “Order” button and provides information about delivery and payment method. The customer then signs in, by entering his e-mail and password. The customer is informed and accepts that entering these information (e-mail address and password) constitutes proof of his identity and indicates his consent. If the customer has not registered beforehand, he will have to fill in the form that will automatically appear during his first order or fill it in beforehand by going to the “My Account” section and clicking on the “Register” link.
– The creation of a “customer account” with password is not mandatory to place an order. The Customer can place an order on the website only by giving his contact information only.
– The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the Customer’s responsibility to verify the accuracy of the order and to report or correct any errors immediately.;
The order is placed once the Customer accepts the present TGCS by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of the present TGCS as well as the general conditions of use of the website.
– An e-mail acknowledging receipt of the order and its payment is sent by the seller as soon as possible. The sale is final only after the Customer receives confirmation of acceptance of the order by the Seller by e-mail, which must be sent without delay and after the Seller has collected the full price.

Any order placed, validated by the Customer and confirmed by the Seller, under the process described hereabove, on the website constitutes the formation of a contract concluded remotely between the Customer and the Seller.

In the Product is unavailable, TRAITS commits itself to inform the customer as soon as possible, by e-mail. The cancellation of the order of this product and its refunding will then be carried out, the remainder of the order remaining firm and final. The customer will be refunded as soon as possible and at the latest within thirty days of the payment of the sums paid.

In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order. The Customer will be able to follow the status of his order on the website.

5.2 . Modification of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

5.3. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the case of the right of withdrawal or force majeure.

SECTION 6 – Prices
The Products are sold at the prices displayed on the website, at the time the order is recorded by the Seller. The prices are expressed in Euros, exclusive of tax and including all taxes. The prices take into account any reductions that may be granted by the Seller on the website.
These prices are firm and non-revisable during their period of validity, as indicated on the website, the Seller reserves the right, outside this period of validity, to modify the prices at any time. They include the costs of processing, shipping, transport and delivery, and this only for Metropolitan France. For other countries, in Europe and internationally, these costs will be billed in addition and specified on the order form.
If the Customer requests a shipping method that is faster or more expensive than standard shipping, the additional shipping costs, as they appear at the time of validation of the order by the Customer, shall be borne in full by the Customer.

SECTION 7 – Terms and conditions of payment
The price is payable immediately, in full on the day the order is placed by the Customer, by secure payment, by credit cards (Bank Card, Visa, MasterCard, other credit cards).
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Payment data are exchanged in encrypted mode using the 3D SECURE protocol.
TRAITS uses the MERCANET payment system, a secure online payment system that encrypts data and payment information. MERCANET does not store any credit card number. TRAITS has chosen to partner with BNP and use its secure payment platform. At the time of the payment the customer will be automatically directed towards the BNP payment platform.

SECTION 8 – Delivery
8.1. The Products ordered by the Customer will be delivered in metropolitan France, Europe and internationally within the shipping time indicated on the Product sheet to which is added the processing time and delivery to the address indicated by the Customer when ordering on the website.
Delivery is the transfer of physical possession or control of the Product to the Customer.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller vows to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are communicated for information purposes only. Unless longer manufacturing, processing, shipping and/or delivery times are required (of which the Customer shall be informed upon receipt of its order, and within 48 hours at the latest), if the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions set forth in Articles L 216-2, L 216-3, L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or deduction.
Delivery shall be deemed to take place on the date of first presentation of the products at the delivery address indicated by the Customer. This maximum period of 30 days is not guaranteed during the annual vacations of TRAITS, in particular during the month of August and during the Christmas period.

8.2. In the event of non-conformity of the delivered Product, the Seller – undertakes to remedy it or to reimburse the Customer, as indicated in the article – “Seller’s liability – Warranty”. The Seller shall bear the risks of transport and shall be required to reimburse the Customer in the event of damage caused during transport.

In the event of a special request by the Customer concerning packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, based on an estimate previously accepted in writing by the Customer.

8.3. The Customer must check the condition of the products delivered. He has a period of 48 hours from delivery to express by e-mail any reservations or claims for non-conformity or apparent defect of the Products delivered (e.g. damaged package already opened …), with all the relevant evidence (photos in particular). After this deadline and in the absence of having complied with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller. The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set forth in Articles L 217-4 et seq. of the French Consumer Code and those set forth in these Terms and Conditions of Sale (see warranties, in particular).

8.4. Packages returned to the Seller :
When the package is returned by the carrier due to a wrong address or package not claimed within the time limit, despite telephone and e-mail reminders informing the customer of the situation, and in the absence of any sign by the customer for a period of three (3) months from the dispatch of the package, ownership of the products will be irrevocably assigned to the Seller, who may freely dispose of them. The sums then paid by the customer will be retained by the Seller by way of compensation.

SECTION9 – Transfer of ownership – Transfer of risk
The transfer of ownership of the Seller’s Products to the Customer shall only take place after full payment of the price by the Customer, regardless of the date of delivery of said Products. Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk and peril.

SECTION 10 – Right of Withdrawal
In accordance with the legal provisions in force, the Customer may exercise his right of withdrawal from the Seller for a period of fourteen (14) days from receipt of the Product, without having to justify its reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within a maximum of fourteen (14) days following notification to the Seller of the Customer’s decision to withdraw from the contract.
Returns must be made in their original condition and complete (packaging, accessories, instructions …) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not accepted. In this case no refund will be due, the customer will remain the owner of the product, which he will be able to come to recover at the TRAITS headquarters within a maximum period of one month.
The right of withdrawal may be exercised online, using the withdrawal form available on the website, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the willingness to withdraw.
In the event of a Customer exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will be borne by the Customer. Reimbursement shall be made within 14 days of notification to the Seller of the decision to withdraw.

SECTION 11 – Seller’s Liability – Warranty
The Products sold on the website comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller shall benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
– the statutory warranty of conformity, for Products that are apparently defective, damaged or damaged or that do not correspond to the order,
– the statutory warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use, under the conditions and in accordance with the terms and conditions referred to in the box below and defined in the appendix to these GCS (Warranty of Conformity / Warranty against Hidden Defects).

It is reminded that within the framework of the statutory warranty of conformity, the Customer :
– has a period of two years from the delivery of the goods to take action against the Seller;
– may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code;
– is exempt from having to provide proof of the existence of the Product’s lack of conformity during the twenty-four months following delivery of the Product.

Reminder
▪ Article L217-4 of the French Consumer Code: The seller shall deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery. He is also liable for any compliance defects resulting from the packaging, assembly instructions or installation where he is responsible for these under the contract or they have been performed under his responsibility”.

▪Article L217-5 of the French Consumer Code: In order to comply with the contract, the goods must: be fit for the purpose usually expected of such goods and, where applicable:
– correspond to the description provided by the seller and possess the qualities that he has presented to the buyer in the form of a sample or model;
– possess the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the labelling;
– or present the characteristics jointly defined by the parties or be fit for any special purposes sought by the buyer, brought to the attention of the seller and accepted by him.”

▪ Article L217-12 of the French Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

▪ Article L217-16 of the French Consumer Code: When the buyer requests from the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period starts from the date of the buyer’s request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.

▪ Article 1641 of the French Civil Code : The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.

▪ Article 1648 paragraph 1 of the French Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

The statutory warranty of conformity applies independently of the commercial warranty that may possibly cover the Product. The Customer may decide to implement the warranty against hidden defects Product in accordance with Article 1641 of the French Civil Code; in this case, he can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 48 hours from the delivery of the Products or from the discovery of the hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).

The Seller shall reimburse, replace or repair Products or parts under warranty that are found to be nonconforming or defective. Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of supporting documents. Refunds for Products found to be non-conforming or defective will be made as soon as possible and no later than thirty (30) days following the Seller’s discovery of the non-conformity or latent defect. Reimbursement shall be made by crediting the Customer’s bank account or by bank check sent to the Customer.
The responsibility of the Seller shall not be engaged in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective Products.

SECTION 12 – Protection of personal data
In application of the law 78-17 of January 6, 1978 modified by the law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular. This data may be communicated to any partners of the Seller in charge of the execution, processing, management and payment of orders. The processing of information communicated via the website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of such data.

The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition of portability and limitation of the processing with regard to the information concerning him. This right may be exercised under the conditions and according to the terms and conditions defined on the website.

SECTION 13 – Intellectual Property
The content of the website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offence.

SECTION 14 – Hardship
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the French Civil Code, the Party who has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contracting party.

SECTION15 – Force majeure
The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure (such as flood, storm, fire, total electrical failure lasting more than 48 hours…) within the meaning of Article 1218 of the French Civil Code.

SECTION 16 – Applicable law – Language
The present GTC and the operations resulting from them are governed by French law. They are written in both French and English, but only the French text shall be considered in the event of a dispute.

SECTION 17 – Disputes
All disputes to which the purchase and sale operations concluded in application of these GCS could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the Seller and the customer shall be submitted to the competent courts of law to which the Seller’s registered office depends exclusively. The Customer is informed that it may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Article L 612-1 of the French Consumer Code) or with the existing sector-based mediation bodies, whose references appear on the website, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.

SECTION 18 – Pre-Contractual Information – Customer Acceptance
18.1. By placing an order on the website, any natural person (or legal entity) recognizes his full and complete adherence and acceptance of these GCS and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller.

18.2. Customer Registration
Any visitor wishing to place an order can either :
– Transmit only his contact information on the website ;
– Acquire a username and password by registering as a customer on the Seller’s website. The visitor will have to fill out a form containing the following information: title, surname, first name, complete delivery address, e-mail and telephone number.
Regardless of the option chosen, the Customer states he is at least 18 years of age and has the legal capacity or holds a parental authorization allowing him/her to place an order on the website. The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose repetition would be illicit.