ARTICLE 1 – Purpose of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale (GTCS) apply, without restriction or reservation, to all sales concluded by TRAITS (“the Seller”) with consumers and non-professional buyers (“the Customers” or “the Customer”) wishing to purchase the products offered for sale by the Seller (“the Products”) on the website http://traits.fr/fr.

In particular, they set out the conditions for ordering, payment, delivery and the handling of any returns of Products ordered by Customers. These General Terms and Conditions of Sale may be supplemented by specific conditions, set out on the website, prior to 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 in-store sales or sales through other distribution and marketing channels.

They are available at all times on the website http://traits.fr/fr and shall, where applicable, prevail over any other version or any other conflicting document.

As these General Terms and Conditions of Sale may be amended from time to time, the version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.

Any amendments to these GTCS are binding on users of the website http://traits.fr/fr from the time they are published online and cannot apply to transactions concluded previously.

ARTICLE 2 – Products offered for sale

The products offered for sale on the website are the following: scarves, stoles and textile accessories. The main characteristics of the Products, in particular their specifications, illustrations and indications of dimensions or capacity, are presented on the website. The Customer must read them before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the website http://traits.fr/fr are not contractually binding and cannot engage the Seller’s liability. The Customer should refer to the description of each Product to find out its properties, essential characteristics and delivery times and, in the case of continuous or periodic supply of goods, the minimum term of the proposed contract.

However, the photographs and texts illustrating the products are not contractually binding. The Customer is informed that some of the Products are handcrafted. Irregular prints are normal and are part of the product’s character.

Contractual information is presented in French and English and is confirmed no later than when the Customer validates the order.

The Products presented on the website are offered for sale in the following territories: Europe and internationally.

For orders to a country other than mainland France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and the French overseas departments and territories, the price will automatically be calculated excluding VAT on the invoice. Customs duties or other local taxes, import duties or state taxes may be payable. These shall be borne by and are the sole responsibility of the Customer.

ARTICLE 3 - Validity period of the product offer

Product offers are valid while stocks last, as specified when the order is placed, excluding made-to-measure products.

ARTICLE 4 – Seller’s contact details

SAS
TRAITS, RCS PARIS 394 491 146

Registered office: 143 rue d’Alésia – 75014 PARIS, France

Email: info@traits.fr Telephone: +33 (0)1 45 42 36 01

In accordance with the French Data Protection Act of 6 January 1978, as reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, object to, erase and port all of their personal data by writing, by post and with proof of identity, to the Seller’s address mentioned above.

Validation of the order by the Customer constitutes acceptance of these GTCS without restriction or reservation. The Customer acknowledges having the legal capacity required to enter into a contract and purchase the Products offered on the website.

ARTICLE 5 - Orders

5.1. Placing an order

It is up to the Customer to select on the website the Products they wish to order, as follows:

- Obtain a summary of the selected products by clicking on the “My cart” link;

- Continue shopping by clicking on the “Continue shopping” link;

- Complete the selection and place the order by clicking on the “Order” link. Creating a “customer account” with a password is not required to place an order. The Customer may place an order on the website simply by providing their contact details.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and in accordance with the procedures described above, on the website constitutes the formation of a distance contract between the Customer and the Seller.

If a product is unavailable, TRAITS undertakes to inform the customer by email as soon as possible. The order for this product will then be cancelled and refunded, with the rest of the order remaining firm and final. The customer will be refunded as soon as possible and no later than thirty days after 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 can track the progress of their order on the website.

5.2. Changing an order

Once confirmed and accepted by the Seller under the conditions described above, the order cannot be changed.

5.3. Cancelling an order

Once confirmed and accepted by the Seller under the conditions described above, the order cannot be cancelled, except in the event of exercise of the right of withdrawal or force majeure.
ARTICLE 6 - Prices

The Products are supplied at the prices in force shown on the website when the order is registered by the Seller. Prices are expressed in euros, excluding and including VAT. Prices take into account any discounts 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 change prices at any time. They include handling, shipping, transport and delivery costs for mainland France only. For other countries, in Europe and internationally, these costs will be charged 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 shown when the Customer validates the order, shall be borne entirely by the Customer.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Seller and provided to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Payment terms

The price is payable in cash, in full on the day the Customer places the order, by secure payment, by bank card (Carte Bancaire, Visa, MasterCard, other bank cards).

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and reimbursement of the corresponding sums.

Payment data is exchanged in encrypted form using the 3D SECURE protocol.

TRAITS uses the MERCANET payment system, a secure online payment system that encrypts payment data and information. MERCANET does not store any credit card numbers. TRAITS has chosen BNP and its secure payment interface as its partner. When paying, the customer will automatically be redirected to the BNP payment platform.

ARTICLE 8 - Delivery

8.1. The Products ordered by the Customer will be delivered to mainland France, Europe and internationally within the shipping time indicated on the Product page, plus the processing and transit time to the address provided by the Customer when ordering on the website.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The Seller undertakes to use its best efforts to deliver the products ordered by the Customer within the timeframes specified above. However, these timeframes are given for information only. Unless longer manufacturing, processing, shipping and/or transit times are required (of which the Customer will be informed upon receipt of the order, and no later than within 48 hours), if the Products ordered have not been delivered within 30 days of the estimated delivery date, for any reason other than force majeure or an act of the Customer, the sale may be cancelled at the Customer’s written request under the conditions set out in Articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code. The sums paid by the Customer will then be refunded no later than fourteen (14) days after the date of termination of the contract, excluding any compensation or deduction.

Delivery shall be deemed to take place on the date the products are first presented at the delivery address provided by the Customer. This maximum period of 30 days is not guaranteed during TRAITS’ annual holidays, in particular in August and over the Christmas period.

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

In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be invoiced separately, on the basis of a quotation previously accepted in writing by the Customer.

8.3. The Customer must check the condition of the delivered products. The Customer has 48 hours from delivery to notify by email any reservations or complaints regarding non-conformity or apparent defects of the delivered Products (for example, a damaged parcel that has already been opened), with all relevant supporting evidence (in particular photos). After this period, and failing compliance with these formalities, the Products will be deemed to be compliant and free of 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 its own expense, delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GTCS (see in particular the warranties).

8.4. Parcels returned to the Seller:

When a parcel is returned by the carrier due to an incorrect address or because it was not collected within the allotted time, despite telephone reminders and emails informing the customer of the situation, and in the absence of any response from the customer for a period of three (3) months from shipment of the parcel, ownership of the products will be irrevocably transferred to the Seller, who may dispose of them freely. Any sums paid by the customer will be retained by the Seller as compensation.

ARTICLE 9 - Transfer of ownership - Transfer of risk

Ownership of the Products shall only be transferred from the Seller to the Customer once the price has been paid in full by the Customer, regardless of the delivery date of said Products. Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and damage relating to them shall only take place when the Customer takes physical possession of the Products. The Products are therefore transported at the Seller’s risk.

ARTICLE 10 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has fourteen (14) days from receipt of the Product to exercise their right of withdrawal with the Seller, without having to give reasons or pay any penalty, for an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition no later than fourteen days after notifying the Seller of the Customer’s decision to withdraw.

Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.) so that they can 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 claimed; the customer will remain the owner of the product and may collect it from TRAITS’ head office within a maximum 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 sent to the Customer by the Seller, or by any other unambiguous statement expressing the wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; return costs remain the responsibility of the Customer. The refund will be made within 14 days of the Seller being notified 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 levels compatible with non-professional use.

The Products supplied by the Seller benefit automatically and at no additional cost, regardless of the right of withdrawal, in accordance with the legal provisions, from:

- 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 hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use, under the conditions and in accordance with the procedures set out in the box below and defined in the annex to these GTCS (Guarantee of Conformity / Guarantee against Hidden Defects).

It should be noted that, under the legal guarantee of conformity, the Customer:

- has a period of two years from 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 set out in Article L 217-9 of the French Consumer Code;

- is exempt from having to prove 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 is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made its responsibility under the contract or was carried out under its responsibility.

▪ Article L217-5 of the French Consumer Code: To comply with the contract, the goods must:

- Be fit for the use normally expected of similar goods and, where 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;

- Have the qualities that a buyer may legitimately expect with regard to public statements made by the seller, the producer or their representative, in particular in advertising or labelling;

- Or have the characteristics agreed by the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the latter.

▪ Article L217-12 of the French Consumer Code:
Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

▪ Article L217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of movable goods, for a repair covered by the warranty, any period of immobilisation of at least seven days is added to the remaining term of the warranty. This period runs from the buyer’s request for intervention or from the date on which the goods in question were made available for repair, if this is later than the request for intervention.

▪ Article 1641 of the French Civil Code: The seller is bound by a warranty against hidden defects in the item sold which make it unfit for its intended use, or which so reduce that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them.

▪ Article 1648, paragraph 1 of the French Civil Code: Any action resulting from redhibitory defects must be brought by the buyer within two years of discovering the defect.

The legal guarantee of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the guarantee against hidden defects of the Product in accordance with Article 1641 of the French Civil Code; in this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

In order to assert their rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum of 48 hours of delivery of the Products or of discovery of hidden defects within the above-mentioned periods, and return or bring back to the store the defective Products in the condition in which they were received, with all their components (accessories, packaging, instructions, etc.).

The Seller will refund, replace or have repaired any Products or parts under warranty found to be non-compliant or defective. Shipping costs will be refunded on the basis of the rate invoiced, and return costs will be refunded upon presentation of supporting documents. Refunds for Products found to be non-compliant or defective will be made as soon as possible and no later than thirty (30) days after the Seller has established the lack of conformity or hidden defect. Refunds will be made by credit to the Customer’s bank account or by cheque sent to the Customer.

The Seller cannot be held liable in the following cases:

- non-compliance with the legislation of the country to which the products are delivered, which it is the Customer’s responsibility to check;

- misuse, use for professional purposes, negligence or lack of care on the part of the Customer, as well as normal wear and tear of the Product, accident or force majeure.

In any event, the Seller’s warranty is limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 12 - Personal data protection

In accordance with Law no. 78-17 of 6 January 1978 as amended by Law no. 2018-493 of 20 June 2018, it is noted that the personal data requested from the Customer is necessary, in particular, for processing their order and issuing invoices. This data may be passed on to the Seller’s partners responsible for executing, processing, managing and paying for orders. The processing of information provided via the website complies with legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification, objection, portability and restriction of processing with regard to information concerning them. This right may be exercised under the conditions and in accordance with the procedures 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 intellectual property laws. Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement offence.

ARTICLE 14 - Unforeseen circumstances (hardship)

In the event of a change in circumstances that was unforeseeable at the time the contract was concluded, in accordance with the provisions of Article 1195 of the French Civil Code, the Party that did not agree to assume the risk of excessively onerous performance may request that the other party renegotiate the contract.

ARTICLE 15 - Force majeure

The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure (such as floods, storms, fire, a general power failure lasting more than 48 hours, etc.) within the meaning of Article 1218 of the French Civil Code.

ARTICLE 16 - Governing law - Language

These GTCS and the transactions arising from them are governed by French law. They are written in French and English, but only the French text shall prevail in the event of a dispute.

ARTICLE 17 - Disputes

Any disputes that may arise from purchase and sale transactions concluded under these GTCS, concerning their validity, interpretation, performance, termination, consequences and follow-up, and which could not be resolved between the seller and the customer, shall be submitted exclusively to the competent courts having jurisdiction over the Seller’s registered office. The Customer is informed that they may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the French Consumer Code) or with existing sector-specific mediation bodies, whose details are available on the website, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

ARTICLE 18 - Pre-contractual information - Customer acceptance

18.1. The fact that a natural (or legal) person places an order on the website constitutes full and complete acceptance of these GTCS and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any conflicting document, which would be unenforceable against the Seller.

18.2. Customer registration

A visitor who wishes to place an order may either:

Whichever option is chosen, the Customer declares that they are at least 18 years old and have legal capacity, or hold parental authorisation, allowing them to place an order on the website. The Customer is responsible for the consequences of any false or inaccurate information provided or information whose use would be unlawful.