GENERAL TERMS AND CONDITIONS OF SALE OF THE SITE « THECLASSICSPARIS.COM »
- The company
- Customer services
- Conditions of use of the Site
- Ordering products and steps for conclusion of online sales
- Prices and availability
- Delivery of products
- Right of retraction/return
- Legal Warranties – Exchanges
- Intellectual property
- Personal data protection
- Amendment of the General Terms and Conditions of Sale
- Marketing offers and newsletters
- Storage and archiving of orders
- Applicable law and competent jurisdictions
These General terms and conditions of sale (“TCS”) govern all sales on the website of the company THE CLASSICS: www.theclassicsparis.com (hereinafter referred to as the “Site”). The TCS apply to the exclusion of all other conditions.
Please read the TCS carefully, together with the legal notices before using the Site.
The online sales procedures described in the TCS are strictly reserved for non-professional purchasers, as the products sold on the Site are not intended for resale.
By using the Site or placing your order on the Site, you unconditionally accept the TCS, together with any updates, which will not apply to any current orders.
Please, therefore, consult this page regularly so as to be aware of any changes to the TCS.
The Site is managed by its owner, THE CLASSICS.
Limited company with (Société par Actions Simplifiée à associé unique)
with a capital of € 10.000
Registered at the PARIS Trade and Companies Registry under No. 820 202 091, with registered office at 7 boulevard Saint-Martin 75003 PARIS
SIRET No.: 820 202 091 00014
VAT No.: FR 10 820202091
For any information, advice, question or complaint relating to the TCS or to the products themselves, our Customer Service Department is at your disposal:
- By letter addressed to: THE CLASSICS – 7 boulevard Saint-Martin 75003 PARIS.
CONDITIONS OF USE OF THE SITE:
By placing an order on this Site, you declare that you are 18 or over, have the legal capacity to contract, and have a valid credit or debit card issued by a recognised bank. Failing this, THE CLASSICS reserves the right to refuse any order.
In addition, when ordering our products, you confirm that the information submitted is accurate and that you are authorised to use the credit or debit card used to pay for your order and that you have sufficient funds.
If we have reason to believe that an order is false or fraudulent, we will be entitled to cancel it and notify the competent authorities.
ORDERING PRODUCTS AND STEPS FOR CONCLUSION OF ONLINE SALES:
This Site invites you to make us an offer to buy the items shown on the pages. Your order is an offer to buy some of those goods, which we accept only by shipping the good(s) ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or for any other reason. The risk of loss and title for all items purchased via this Site passes to you upon delivery of the product to a common carrier. You are solely responsible for filing any claims with carriers for damaged and/or lost shipments and agree to hold us harmless for the same.
To place an order on the Site, you must complete the following steps:
Step 1: You must select the chosen products and add them to the basket, having selected the size, colour and quantity.
Step 2: Check the contents of your basket by clicking on “SEE MY BASKET” in order to see a summary of your order. At this stage, you may modify your order (product, size, quantity etc.).
Step 3: Confirm your basket to finalise your order by clicking on “PLACE THE ORDER”.
Step 4: Enter your delivery and billing details. The billing address will automatically be the same as the delivery address unless otherwise specified by you.
If you already have an account on the Site, fill in your e-mail address and password. Your identity and contact information will be automatically included in your order.
Step 5: Next, select your payment method by clicking on the desired payment method.
The price of products purchased on the Site is payable in full, at the time of the order, by means of the following payment cards: Carte bleue, Visa, Visa Electron, Mastercard or American Express, as well as by Paypal. Payment by cheque or in cash is not accepted.
On receipt of your order, we will pre-authorise your credit or debit card to verify that there are sufficient funds.
In the event of non-payment, incorrect address or any other problem on the customer account, THE CLASSICS reserves the right to block the order(s) until complete resolution of the problem(s).
In the event of fraudulent use of your credit/debit card on the Site, please contact our customer service department by email: firstname.lastname@example.org.
Products ordered on the Site remain the property of THE CLASSICS until payment of the total amount due has been completed.
Confirmation of the order
Once your payment has been accepted, you will receive an email confirming your order as soon as possible, summarising the details of your order, the billing and delivery address, the price of your order and the estimated delivery date.
THE CLASSICS reserves the right not to validate the order under the following circumstances:
-abnormal or abusive claims;
- abnormal quantities ordered;
-abnormal or abusive exchanges or returns;
- existing or prior dispute(s) with the customer.
PRICES AND AVAILABILITY:
Products are offered within the limits of available stocks. The information given on product data sheets is provided for information purposes only.
All our products comply with current French legislation and standards.
In the event of unavailability of any of our products ordered on the Site, THE CLASSICS will inform you by email or telephone as soon as possible and will offer:
Exchange for another product of the same value;
Partial cancellation of the order;
Total cancellation of the order.
In the event of partial or total cancellation of the order THE CLASSICS will make a refund of the product by crediting the customer’s bank or PayPal account used for the purchase within fourteen (14) days.
We decline all responsibility for insufficient stock or unavailability of products.
The prices of our products are those stated on the Site at the time of the order, except in the event of manifest error. It is possible that errors may occur. If we detect an error in the price of the product(s) you have ordered, we will notify you as soon as possible and offer you either to confirm your order at the correct price or to cancel your order. If we are unable to contact you the order will be considered as cancelled, and we will refund the full amount of sums paid within a maximum period of fourteen (14) days following payment.
Please note that we are not obliged to sell you an incorrectly priced product (even if you have received an email confirming your order), if the error is obvious and unambiguous.
Prices of our products are stated in € (euros) all taxes paid, except delivery and transport costs. You are asked to pay a fixed fee for shipping, packing and processing of the order, at current rates in addition to the price of the products.
Price variations are liable to occur during the year, at any time and without notice. It is specified that products ordered are invoiced at current prices (i.e. those posted on the Site) at the time of the customer’s order.
Invoices are in Euros and sent to the customer with his/her order.
DELIVERY OF PRODUCTS:
THE CLASSICS delivers its products throughout Mainland France, and overseas territories, as well as abroad (in Europe and the USA).
Products are shipped to the delivery address specified by the customer during the order procedure.
All our parcels are delivered by Colissimo (La Poste Group) or by FEDEX, according to the place of delivery of the parcel and the delivery options you have chosen.
For information, our products are delivered within 1 to 15 working days from the order throughout Mainland France. This period may vary according to product availability.
Deliveries outside the European union:
An order delivered outside the European Union is considered as an import by the buyer of the relevant product(s). It is therefore incumbent on the buyer to obtain information from the local authorities on customs duties, local taxes and other import duties that may be claimed, THE CLASSICS is not liable for such duties.
In any event, THE CLASSICS is not liable for late delivery and this will not entail termination of the contract or give rise to any compensation.
After a period of one (1) month from the day following the order, THE CLASSICS will reimburse any undelivered goods by any means.
RIGHT OF RETRACTION/RETURN:
You have a right of retraction of sixty (60) days following receipt of products.
To exercise such right, prior to the return of a product, you must notify us of your intention to retract by completing the following retraction form: (click here to download the retraction form), and then send it to us duly completed and signed either by email at the following address: email@example.com, or by post to: 7 boulevard Saint-Martin 75003 PARIS.
We will acknowledge receipt of your request for retraction by email.
You must return the product to us within fourteen (14) days after sending your request for retraction.
If you use your right of retraction within the aforementioned period, only the price of the product ordered and shipping costs will be refunded (with the exception of additional costs arising from the fact that you have chosen a more expensive delivery method than that offered by us), no later than fourteen (14) days from receipt of the returned product(s), provided that THE CLASSICS has received your request for retraction and received the relevant products within the statutory time limits.
The costs of returning products are the responsibility of the customer. Transportation of returned products is the sole responsibility of the customer.
Your right to return articles does not apply to products (i) manufactured to your specifications, or (ii) which have been visibly personalised, or (iii) which, by their nature, cannot be returned or are likely to deteriorate or (iv) which are packaged and cannot be returned for health and/or hygiene reasons, if they have been unpacked on delivery
LEGAL WARRANTIES – EXCHANGES:
We are committed to the delivery of products that comply with those you have ordered. As a consumer, you have rights under the law if the products are defective or do not comply with their description.
We are particularly subject to the conditions of legal warranties referred to in
articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code.
Such rights (which are summarised in general below) do not affect your right to choose to return products and obtain reimbursement under terms other than those applicable to the TCS.
You must ensure that the products delivered to you correspond to your order.
If the products are not compliant, you may refuse them on delivery or return them in their original packaging, stating the reason for refusal on the delivery note or the invoice. The relevant costs will be borne by us.
You may ask for the repair of the products or a new delivery complying with your order. If repair and replacement are not possible you may request cancellation of your order and refund of the sums paid or retain the products, requesting a reduction of their price.
In the event that the delivered products do not comply with your order, you must strictly comply with the following steps:
Inform Customer Services by email: firstname.lastname@example.org ;
Return the product(s) in their original packaging to the registered office of THE CLASSICS - 7 boulevard Saint-Martin 75003 PARIS;
State the reason for refusal on the delivery note or on the invoice;
Attach the original purchase invoice and delivery note;
Request either: a new delivery complying with your initial order, or an exchange of the product with a similar one or cancellation of your order with a refund.
We will reply as soon as possible.
Any return costs will be refunded to you using the same payment method you used on the original transaction, unless you choose a refund by crediting your customer account.
THE CLASSICS recommend that you return products by Colissimo with acknowledgement of receipt, with a registered value or additional insurance. In any event, THE CLASSICS may not be held liable for delivery problems occurring during return of your order (theft, loss, error in address, delivery delay, damage parcel, etc.);
In the event of non-compliance with the procedure described above, THE CLASSICS reserves the right to refuse return of such products and return them to the customer, without any exchange or refund.
Under some conditions, you have the legal right to bring an action for warranty against hidden defects or make use of a commercial guarantee applicable to your order.
However, we will be under no liability if the non-performance of the Contract or its improper performance is due to an action on your part, or to an unforeseeable and insurmountable act of an external party (our service providers are not considered as such) or an event of force majeure.
Exchanges are only accepted if the price of the product initially ordered corresponds to that of the desired replacement product. Otherwise, the request for exchange will not be validated by THE CLASSICS. If no exchange agreement can be made with the customer, THE CLASSICS will reimburse you.
If your request for exchange is validated by THE CLASSICS, THE CLASSICS will do its best to process said request within thirty (30) working days following date of receipt of the returned products.
- INTELLECTUAL PROPERTY:
In accordance with legislation governing the ownership of literary and artistic rights or other similar rights, the Site and all its elements, the illustrations, images, drawings, models, logos, graphics etc. appearing on the products, their accessories and packaging, whether registered or not, appearing on the Site, together with their compilation are and will remain the exclusive property of THE CLASSICS.
Any reproduction or use of all or part of such elements, for any reason whatsoever and on any medium whatsoever, is strictly prohibited and constitutes an infringement sanctioned by the French Intellectual Property Code.
However, you may use the Site to copy necessary information relating to your order or your identity information.
PERSONAL DATA PROTECTION:
The Site complies with French legislation relating to protection of privacy, and particularly French Law 78-17 06 January 1978 as amended relating to data processing, files and freedoms.
Subject to information, if any, collected by cookies, THE CLASSICS will not collect any personal data unless you send it to THE CLASSICS by completing and validating the relevant forms.
Some of your data is essential for processing your request or your order, and other data allows us to know you better and therefore to adapt our offers to your needs.
Data collected will be used by THE CLASSICS, and, where applicable, by its subsidiaries, in particular for:
informing you about upcoming sales and events by email
processing your order;
sending newsletters and special offers.
In this respect, the information collected may be communicated to THE CLASSICS’ technical providers.
In accordance with the French Data Protection Act of six January 1978 amended by Law of 6 August 2004, you have the right to access, rectify or delete data relating to you and have the right to object thereto.
To exercise these rights, rights to us at THE CLASSICS, 7 boulevard Saint-Martin 75003 PARIS, or contact our Customer Services Department by email: email@example.com.
In accordance with French law, we have made a declaration of the Site with the French Data Protection Authority (CNIL).
What follows applies only to your use of our Site and does not affect any rights you have under the Uniform Commercial Code, applicable laws addressing products liability or rights you have pursuant to our Return Policy.
Except as expressly provided by current legislation, THE CLASSICS’ liability is limited to direct and unforeseeable damage that may result from the use of the Site by the customer and products sold and shipped by it.
Photographs and product sheets presented are not contractual. THE CLASSICS will be under no liability in respect of an error in a photograph or in the text.
THE CLASSICS undertakes to ensure, to the best of its ability, the accuracy and updating of the information disseminated on the Site, and reserves the right to correct, at any time and without notice, the content of the Site. However, THE CLASSICS cannot guarantee the accuracy, precision or exhaustiveness of the information made available on the Site, and THE CLASSICS may not be held liable in this respect.
THE CLASSICS may not be held liable in the event of delay or infringement of the TCS attributable to the purchaser or caused by events beyond its control (event of force majeure within the meaning of article 1218 of French the Civil Code).
THE CLASSICS may not be held liable for the non-completion of your order in the event of out of stock or unavailability of the product(s) ordered.
Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
THE CLASSICS is not liable for the content and operation of sites linked to the Site, or for damage of any kind that may be suffered by the customer during a visit to such sites. In using the Site, the customer accepts the risks relating to the Internet (lack of protection of certain data, viruses, hacking etc..). THE CLASSICS assumes no liability for any misuse or any incidents relating to the use of a computer, tablet or smartphone, access to the internet, maintenance or malfunction of the service, computer bugs, or any errors in information found on the Site.
AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE:
THE CLASSICS reserves the right to amend or adapt the TCS, at any time without notice.
The new TCS will be accessible on the Site and will be applicable only to orders placed after the amendment.
We may send cookies to your computer, tablet or smartphone when you log in to the Site. By definition, a cookie is a small file stored on your hard disk in order to retain certain data.
Such data allow us, inter-alia, to:
produce statistics on visits to the Site (number of visits, pages consulted etc.);
facilitate your browsing on the Site;
store information entered on forms, secure access to bookmarks and personal places such as customer account and manage the shopping basket.
To disable cookies, you can go to the “help” tab on your browser or consult the instructions which come with your browser software.
The Site uses third-party applications which allow the customer to share Site content with others, or to share opinions of the Site with others on social and community networks (Facebook, Twitter, Instagram etc). THE CLASSICS may not be held liable in any capacity whatsoever for the content or functioning of any social network, including any that may be linked to the Site.
MARKETING OFFERS AND NEWSLETTERS:
THE CLASSICS, and, if applicable, one of its subsidiaries, may send you marketing offers by post, email, text, phone or via social networks, subject to prior acceptance.
At any time, the customer has the right to object, free of charge, to receiving such marketing offers by clicking on “unsubscribe” on each email.
If any of the clauses of the TCS should be deemed void, unlawful or unenforceable by a competent authority, the remaining clauses shall remain in full force and effect.,
STORAGE AND ARCHIVING OF ORDERS:
The archiving of purchase orders and invoices is performed on a reliable and durable medium so as to form a reliable and lasting copy in accordance with the provisions of article 1379 of the French Civil Code.
APPLICABLE LAW AND COMPETENT JURISDICTIONS:
In the event of a dispute, you must first contact THE CLASSICS in an attempt to find an amicable solution
The TCS are governed by and subject to French law. They are drafted in French. If they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
In the absence of agreement between the Parties, any disputes relating to the validity, interpretation, performance or termination of the TCS will fall within the exclusive jurisdiction of the French courts.