ARTICLE 1 – Purpose of the general terms and conditions of sale
These General Terms and Conditions of Sale (GTC) apply, without restriction or reservation, to all sales concluded by the company TRAITS ("the Seller") with consumers and non-professional buyers ("The Clients or the Client"), wishing to acquire the products offered for sale by the Seller ("The Products") on the website http://traits.fr/fr.
They specify in particular the conditions of ordering, payment, delivery, and
management of any returns of Products ordered by Clients. These General Terms and Conditions of Sale may be supplemented by specific conditions, stated on the website, before any transaction with the Client. These General Terms and Conditions of Sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels.
They are accessible at any time on the website http://traits.fr/fr and shall prevail, where applicable, over any other version or any contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client's purchase is the one in effect on the website at the date of the order.
Modifications to these General Terms and Conditions of Sale are enforceable against users of the website http://traits.fr/fr from their online posting and cannot apply to transactions concluded beforehand.
ARTICLE 2 – Products
offered for sale
The products offered for sale on the website are as follows:
scarves, shawls, and textile accessories. The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website. The Client is required to take note of them before placing any order. The choice and purchase of a Product are solely the responsibility of the Client.
The photographs and graphics presented on the website http://traits.fr/fr are not contractual and cannot engage the Seller's liability. The Client is required to refer to the description of each Product to know its properties, essential features, and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
However, the photographs and texts illustrating the products are not contractual. The Client is informed that some of the Products benefit from handcrafted manufacturing. Irregular prints are normal and contribute to the product's rendering.
The contractual information is presented in French and English and is subject to confirmation no later than at the time of the validation of the order by the Client.
The Products presented on the website are offered for sale for the following territories: Europe and internationally.
In the case of an order to a country other than metropolitan France, the Client is
the importer of the concerned Product(s). For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or
import duties or state taxes may be required. They will be the responsibility of and solely the responsibility of the Client.
ARTICLE
3 - Duration of validity of the product offer
The offers for Products are understood within the limits of available stock, such as
specified at the time of placing the order, excluding custom-made products.
ARTICLE
4 – Seller's contact details
SAS
TRAITS, RCS PARIS 394 491 146
Headquarters
address: 143 rue d’Alésia – 75014 PARIS
Address
email: info@traits.fr Contact details
such as: 01.45.42.36.01
In accordance
to the Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 2, 2018, the Client has, at any time, a right of access, rectification, opposition, erasure, and portability of all
his personal data by writing, by mail and justifying his identity, to the address of the Seller mentioned above.
The validation of the order by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions. The Client acknowledges having the required capacity to contract and acquire the Products offered on the website.
ARTICLE
5 - Orders
5.1. Placing the order
It is up to the Client to select on the website the Products they wish to order, according to the following terms:
- Obtain a summary of the selected products by clicking on the link “My cart”;
- Continue shopping by clicking on the link “Continue my shopping”;
- Complete your selection and place the order by clicking on the link
“Order Creation
having a "customer account" with a password is not essential to place an order. The Client can, by providing only their contact details, place an order on the website.
Any order placed, validated by the Client and confirmed by the Seller, under the conditions and according to the terms described above, on the website constitutes the formation of a contract concluded at a distance between the Client and the Seller.
In case of unavailability of the product, TRAITS commits to inform the client as soon as possible by email. The cancellation of the order for this product and its refund will then be carried out, the rest of the order remaining
final and definitive. The client will be refunded as soon as possible and no later than thirty days from the payment of the amounts paid).
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client. The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order. The Client can track the progress of their order on the website.
5.2. Order modification
Once confirmed and accepted by the Seller, under the conditions described above, the order is not modifiable.
5.3. Order cancellation
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 - Rates
The Products are provided at the current rates listed on the website at the time the order is registered by the Seller. Prices are expressed in Euros, excluding VAT and including VAT. The
rates take into account any discounts that may be granted by the Seller on the website.
These rates are firm and non-revisable during their validity period, as indicated on the website, the Seller reserving the right, outside this validity period, to modify prices at any time. They include processing, shipping, transport, and delivery fees, and this only for Metropolitan France. For other countries, in Europe and internationally, these fees will be charged additionally and specified on the order form.
If the Customer requests a faster or more expensive shipping method than the standard shipping, the additional delivery costs, as they appear at the time of order validation by the Customer, are entirely at their expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees. An invoice is issued by the Seller and given to the Customer upon
the delivery of the ordered Products.
ARTICLE 7 - Payment conditions
The price is payable in full on the day the order is placed by the Customer, via secure payment, by credit cards (Carte Bancaire, Visa, MasterCard, other credit cards).
Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer can request the cancellation of the payment and the refund of the corresponding amounts.
Payment data is exchanged in encrypted mode thanks to 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 numbers. TRAITS has chosen BNP as its partner and its
secure payment interface. When paying, the customer will be automatically directed to the BNP payment platform.
ARTICLE 8 - Deliveries
8.1. The Products ordered by the Client will be delivered in France
metropolitan, Europe, and internationally within the shipping time indicated on the Product sheet, to which is added the processing and routing time to the address indicated by the Client when placing their order on the website.
Delivery consists of the transfer to the Client of physical possession or control of the Product.
Unless in special cases or unavailability of one or more Products, the ordered Products will be delivered all at once.
The Seller commits to making their best efforts to deliver the products ordered by the Client within the above-mentioned deadlines. However, these deadlines are communicated for informational purposes only. Unless manufacturing deadlines,
if more significant processing, shipping, and/or routing are required (of which the Client will be informed upon receipt of their order, and at the latest within 48 hours), if the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be resolved at the written request of the Client under the conditions provided in articles L 216-2, L 216-3, L241-4 of the Consumer Code. The amounts
paid by the Client will then be refunded to them no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.
Delivery will be deemed to occur on the date of the first presentation of the products at the delivery address indicated by the Client. This maximum period of 30 days is not guaranteed during TRAITS' annual holidays, notably in the month
of August and during the Christmas period.
8.2. In case of non-compliance of the delivered Product, the Seller commits to remedy it or to refund the Client, as indicated in the article - "Seller's Liability - Warranty". The Seller bears the transport risks and is obliged to refund the Client in case of damages caused during transport.
In case of a specific request from the Client regarding the packaging conditions or
for the transport of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional billing, based on a quote previously accepted in writing by the Client.
8.3. The Client is required to check the condition of the delivered products. They have a period of 48 hours from the delivery to submit by email any reservations or claims for non-compliance or apparent defects of the delivered Products (for example, damaged package already opened ...),
with all related supporting documents (notably photos). After this period and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defect, and no claim can be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at their expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided in the
articles L 217-4 and following of the Consumer Code and those provided in these GTC (see guarantees, in particular).
8.4. Fate of packages returned to the Seller:
When the package is returned by the carrier due to an incorrect address or unclaimed package within the allotted time, despite phone calls and emails informing the customer of the situation, and in the absence of any manifestation from the customer for a period of three (3) months from the shipment of the package, ownership of the products will be irrevocably assigned to the Seller, who may dispose of them freely. The amounts then paid by the customer will be retained by the Seller as compensation.
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of
the date of delivery of said Products. Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration
related to it, will only be carried out when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE
10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days (14) from the receipt of the Product to exercise their right of withdrawal with the Seller, without having to justify reasons or pay any
penalty, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition in the
fourteen days at most following the notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted. In this case, no refund can be demanded, and the customer will remain the owner of the product, which they can retrieve at the TRAITS headquarters within a maximum period of one month.
The right of withdrawal can be exercised online, using the withdrawal form available on the website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or by any other unambiguous statement expressing the intention to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and the delivery costs are refunded; the return costs remain the responsibility of the Client. The refund will be made within 14 days from the notification to the Seller of the decision to withdraw.
ARTICLE 11 - Seller's Liability - Guarantee
The Products sold on the website comply with the regulations in force in France and have performance
compatible with non-professional uses.
The Products supplied by the Seller benefit from full rights and without payment
complementary, independently of the right of withdrawal, in accordance with legal provisions:
- of the legal guarantee of conformity, for apparently defective, damaged or impaired Products or those not corresponding to the order,
- of the legal guarantee against hidden defects arising from a defect in material, design or manufacturing affecting the delivered products and rendering them unfit for use, under the conditions and according to the terms mentioned in the box below and defined in the annex to these GTC (Conformity Guarantee / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Client:
- benefits from a period of two years from the delivery of the good to take action against the Seller;
- may choose between the repair or replacement of the ordered Product, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
- is exempt from proving the existence of the defect in conformity of the Product during the twenty-four months following the delivery of the Product.
Reminder
▪ Article L217-4 of the Consumer Code: The
the seller is obliged to deliver a good that conforms to the contract and is liable for defects in
conformity existing at the time of delivery. It is also liable for defects in conformity resulting from packaging, assembly instructions or
the installation when it has been placed under its charge by the contract or has been carried out under its responsibility.
▪Article L217-5 of the Consumer Code: To be
in accordance with the contract, the good must:
- Be suitable for the usual use expected of a similar good and, if applicable:
- Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
- Present the qualities that a buyer can legitimately expect in light of the public statements made by the seller, by the producer or
by its representative, particularly in advertising or labeling
- Or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer,
brought to the seller's attention and that the latter has accepted.
▪ Article L217-12 of the Consumer Code:
The action resulting from the lack of conformity is subject to a two-year limitation period from
of the delivery of the item.
▪ Article L217-16 of the Consumer Code: When
the buyer requests the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of a movable item, a restoration covered by the warranty, any immobilization period
of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the availability for repair of the item in question, if
this provision is subsequent to the request for intervention.
▪ Article 1641 of the Civil Code: The seller is liable for the warranty due to hidden defects of the sold item that render it
unsuitable 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 have given only a lower price if they had known about them.
▪ Article 1648 paragraph 1 of the Civil Code: The action resulting from hidden defects must be brought by the purchaser within two years from the discovery of the defect.
The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may choose to invoke the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
In order to assert their rights, the Customer must inform the Seller, in writing, of the non-compliance of the Products within a maximum period of 48 hours from the delivery of the Products or the discovery of hidden defects within the aforementioned time limits and return or bring back to the store the defective Products in the condition in which they were received with all elements
(accessories, packaging, instructions...).
The Seller will refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed based on the charged rate and return costs will be reimbursed on
presentation of supporting documents. Refunds for Products deemed non-compliant or defective will be made as soon as possible and at most
late within thirty (30) days following the Seller's discovery of the lack of conformity or hidden defect. The refund will be made by credit to the Client's bank account or by bank check sent to the Client.
The Seller's liability cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify,
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as in the case of wear
normal use of the Product, accident or force majeure.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant Products or those affected by a defect.
ARTICLE 12 - Protection of personal data
In application of Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client
are necessary for processing his order and for the issuance of invoices, in particular. This data may be communicated to potential partners of the Seller responsible for execution, processing, management and
of payment for orders. The processing of information communicated through the website meets the legal requirements regarding the protection of personal data, the system
information used ensuring optimal protection of this data.
The Client has, in accordance with applicable national and European regulations, a permanent right of access, modification, rectification,
right to object to portability and limitation of processing regarding information concerning him. This right can be exercised under the conditions and
according to the terms defined on the website.
ARTICLE 13 - Intellectual property
The content of the website is the
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
may constitute an act of counterfeiting.
ARTICLE 14 - Unforeseeability
In case of changes in unforeseen circumstances at the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the
Party that has not agreed to assume an excessively burdensome execution risk.
the party that has not agreed to assume an excessively burdensome execution risk may request a renegotiation of the contract with its co-contractor.
ARTICLE 15 - Force majeure
The Parties cannot be held liable if the non-performance or the
delay in the performance of any of their obligations, as described herein, arises from a case of force majeure (such as
floods, storms, fires, total power outages lasting more than 48 hours...) within the meaning of article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Language
These General Terms and Conditions and the operations resulting therefrom are
governed by French law. They are written in French and in English, but only the French text shall prevail in case of dispute.
ARTICLE 17 - Disputes
All disputes arising from the purchase and sale operations concluded under
of these General Terms and Conditions could give rise, concerning
their validity, interpretation, execution, termination, consequences, and follow-ups and which could not have been resolved between the seller and the client will be submitted to the competent courts to which the
registered office of the Seller exclusively. The Client is informed that he can at any time
in the event of a dispute, resort to conventional mediation, in particular with the
Consumer mediation commission (art. L 612-1 of the Consumer Code) or with existing sectoral mediation bodies, the references of which are listed on the website or any alternative dispute resolution method (conciliation, for example) in case of dispute.
- ARTICLE 18 - Pre-contractual information - Client acceptance
18.1. The act of a natural person (or legal entity) ordering on the website implies full and complete adherence to and acceptance of these General Terms and Conditions and the obligation to pay for the ordered Products, this
which is expressly acknowledged by the Client, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
18.2. Registration of the
Client
The visitor who wishes to place an order can either:
Regardless of the chosen option, the Client declares to be at least 18 years old and to have
the legal capacity or to hold parental authorization allowing him to place an order on the website. The Client is
responsible for the consequences arising from false or inaccurate information transmitted or whose reproduction would be unlawful.
| Item | Price | Qty | Total | |
|---|---|---|---|---|
| Subtotal |
0,00 € |
|||
| Shipping | ||||
| Total | ||||