ARTICLE 1 – Object of the general 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 Customers or the Customer "), wishing to acquire the products offered for sale by the Seller ("The Products") on the site http://traits.fr/fr.
They specify in particular the conditions of order, payment, delivery and
management of any returns of Products ordered by Customers. These General Conditions of Sale may be supplemented by special conditions, set out on the website, before any transaction with the Customer. These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores 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 other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date of placing the order.
Changes to these T&Cs are binding on users of the website. http://traits.fr/fr from the time they are put online and cannot apply to transactions concluded previously.
ARTICLE 2 – Products
offered for sale
The products offered for sale on the website are as follows:
scarves, stoles, and textile accessories. The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website. The Customer is required to read it before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website http://traits.fr/fr are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties, the essential particularities and the delivery times, as well as, in the event 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 Customer is informed that some of the Products benefit from an artisanal manufacture carried out by hand. Irregular prints are normal and contribute to the rendering of the product.
The contractual information is presented in French and English and is subject to confirmation at the latest when the order is validated by the Customer.
The Products presented on the website are offered for sale for the following territories 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 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 payable. They will be charged to and are the sole responsibility of the Client.
3 - Duration of validity of the product offer
Product offers are valid within the limits of available stocks, such as
specified when placing the order, excluding custom-made products.
4 – Contact details of the seller
TRAITS, RCS PARIS 394 491 146
social: 143 rue d’Alesia – 75014 PARIS
mail : email@example.com Contact information
tel : 01.45.42.36.01
to the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which came into force on May 2, 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of
his personal data by writing, by mail and by justifying his identity, to the address of the Seller, mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reservation of these GCS. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website.
5 - Orders
5.1. Placing the order
It is up to the Customer to select on the website the Products he wishes to order, according to the following methods:
- To obtain a summary of the selected products by clicking on the "My basket" link;
- Continue shopping by clicking on the "Continue Shopping" link;
- Finish your selection and place the order by clicking on the link
a "customer account" with password is not required to place an order. The Customer can, with the communication of his only contact details, place an order on the website.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In case of unavailability of the product, TRAITS undertakes to inform the customer as soon as possible, by e-mail. The cancellation of the order for this product and its reimbursement will then be made, the rest of the order remaining
firm and definitive. The customer is reimbursed as soon as possible and at the latest within thirty days of payment of the sums paid).
Unless proven otherwise, the data recorded in the Seller's computer system constitutes 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 relating to the payment of a previous order. The Customer will be able to follow the progress of his order on the website.
5.2. Changing 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 canceled, except for the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 6 - Prices
The Products are supplied at the prices in force appearing on the website, when the order is registered by the Seller. Prices are expressed in Euros, excluding and including tax. 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 reserving the right, outside this period of validity, to modify the prices at any time. They include processing, shipping, transport and delivery costs, and this only for Metropolitan France. For other countries, in Europe and internationally, these costs will be invoiced in addition and specified on the order form.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Seller and given to the Customer when
delivery of the Products ordered.
ARTICLE 7 - Payment Terms
The price is payable in cash, in full on the day the order is placed by the Customer, by means of secure payment, by bank card (Bank Card, Visa, MasterCard, other bank cards).
Payment by bank card is irrevocable, except in the case 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 is exchanged in encrypted mode using the 3D SECURE protocol.
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 BNP 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 Customer will be delivered in France
mainland, Europe and internationally within the shipping time indicated on the Product sheet, to which is added the processing and delivery time to the address indicated by the Customer when ordering on the website.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information only. Unless manufacturing delays,
more significant processing, shipping and/or routing are required (of which the Customer will be kept informed upon receipt of his order, and at the latest within 48 hours), if the Products ordered are not have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L 216 -2, L 216-3, L241-4 of the Consumer Code. The sums
paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction.
Delivery will be deemed to occur on the date of first presentation of the products to the delivery address indicated by the Customer. This maximum period of 30 days is not guaranteed during annual TRAITS holidays, in particular for the month
August and during the Christmas period.
8.2. In the event of non-conformity of the Product delivered, the Seller - undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Seller's liability - Guarantee". The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.
In the event of a specific request from the Customer concerning the conditions of packaging or
transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the Customer.
8.3. The Customer is required to check the condition of the products delivered. He has a period of 48 hours from delivery to formulate by e-mail any reservations or complaints for non-compliance or apparent defect of the Products delivered (for example damaged package already opened, etc.),
with all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in
articles L 217-4 and following of the Consumer Code and those provided for in these GCS (see guarantees, in particular).
8.4. Fate of packages returned to Seller:
When the package is returned by the carrier due to an incorrect address or unclaimed package within the time limit, despite telephone reminders and emails informing the customer of the situation, and in the absence of any manifestation of the customer for a period three (3) months from the dispatch of the package, ownership of the products will be irrevocably attributed to the Seller, who may dispose of them freely. The sums 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 Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, and this regardless of
the date of delivery of said Products. Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration
relating thereto, will only be realized when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril.
10 - Right to retract
In accordance with the legal provisions in force, the Customer has a period of fourteen days (14) from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay
penalty, at the end of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within the
fourteen days at most following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back. In this case, no refund can be demanded, the customer will remain the owner of the product, which he can come and collect at the headquarters of TRAITS 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 any other declaration, devoid of of ambiguity, expressing the desire to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer. The refund will be made within 14 days of notification to the Seller of the withdrawal decision.
ARTICLE 11 - Seller's liability - Warranty
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 Vendor benefit by right and without payment
additional, regardless of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for Products that are apparently defective, spoiled or damaged or that do not correspond to the order,
- the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these GCS (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that as part of the legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the goods to act against the Seller;
- can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.
▪ Article L217-4 of the Consumer Code : Le
seller is required to deliver goods that conform to the contract and is liable for defects in
conformity existing at the time of delivery. It also responds to defects of conformity resulting from the packaging, assembly instructions or
the installation when this has been charged to it 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 fit for the use usually expected of a similar item and, where applicable:
- Correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model
- Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or
by its representative, in particular in advertising or labeling
- Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer,
brought to the knowledge of the seller and that the latter has accepted.
▪ Article L217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from
of the delivery of the good.
▪ Article L217-16 of the Consumer Code : When
the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization
of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if
this provision is subsequent to the request for intervention.
▪ Article 1641 of the Civil Code : The seller is bound by the guarantee on account of the hidden defects of the thing sold which 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 only have paid a lower price for it, if he had known about them.
▪ Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
In order to assert his 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 the discovery of hidden defects within the time limits set out below. referred to above and return or bring back to the store the defective Products in the condition in which they were received with all the elements
(accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on
presentation of supporting documents. Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and no later than
no later than thirty (30) days following the finding by the Seller of the lack of conformity or the hidden defect. Reimbursement will be made by crediting the Customer's bank account or by bank check addressed to the Customer.
The responsibility of the Seller cannot 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 verify,
- 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 wear and tear
normal condition of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
ARTICLE 12 - Protection of personal data
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled 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 responsible for the execution, processing, management and
payment for orders. The processing of information communicated through the website meets the legal requirements for the protection of personal data, the system
of information used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification,
opposition to portability and limitation of processing with regard to information concerning him. This right can be exercised under the conditions and
in accordance with the terms set out on the website.
ARTICLE 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 an offense of counterfeiting.
ARTICLE 14 - Unpredictability
In the event of a change in circumstances that were unforeseeable when the contract was concluded, in accordance with the provisions of article 1195 of the Civil Code, the
Party that has not agreed to assume excessive performance risk
may request a renegotiation of the contract from its co-contracting party.
ARTICLE 15 - Force majeure
The Parties cannot be held liable if the non-execution 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, fire, global electrical failure lasting more than 48 hours, etc. within the meaning of article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Language
These T&Cs and the resulting operations are
governed by French law. They are written in French and in English, but only the French text shall prevail in the event of a dispute.
ARTICLE 17 - Litigation
All disputes to which the purchase and sale transactions concluded pursuant
of these T&Cs could give rise, regarding
both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved between the seller and the customer will be submitted to the competent courts on which the
registered office of the Seller exclusively. The Customer is informed that he can in any
State of the case 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, and whose references appear on the website or to any alternative dispute resolution method (conciliation, example) in the event of a dispute.
- ARTICLE 18 - Pre-contractual information - Client acceptance
18.1. The fact for a natural (or legal) person to order on the website implies full and complete acceptance and acceptance of these GCS and obligation to pay for the Products ordered, this
which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Seller.
18.2. Registration of
The visitor who wishes to place an order can either:
Whatever the option chosen, the Customer declares to be at least 18 years old and to have
legal capacity or hold parental authorization allowing him to place an order on the website. The Customer is
responsible for the consequences resulting from false or inaccurate information transmitted or whose recovery would be unlawful.