Terms and conditions of sale
In accordance with the general conditions of useThis site is intended for professionals only (retailers, companies and self-employed professionals). These general terms and conditions of sale (hereinafter the "General Terms and Conditions" or "GTC") apply to all purchases made by a professional (hereinafter the "Customer") on the website: www.united-vintage.com (hereinafter the "Site") from UNITED VINTAGE, a limited liability company with capital of €1,500.00, registered in the Annecy Trade and Companies Register under number 907636419, having its registered office at 51 Rue Carnot, 74000 Annecy France, email : info@united-vintage.com (hereinafter referred to as the "Seller").
These General Terms and Conditions of Sale govern the sale and delivery of Products ordered by professional customers from the Vendor via the Site.
They are accessible and printable at any time via a hypertext link available on the Site.
IMPORTANT
Any order for Products implies the Customer's unreserved acceptance of the present General Terms and Conditions of Sale.
Article 1 - Definitions
The terms used hereinafter have the following meanings in these GTCS:
"Boutique": refers to the Vendor's physical point of sale located .
"Customer": refers to the Vendor's co-contractor, who guarantees to be a professional as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the Customer is acting in the context of his commercial, industrial, artisanal, liberal or agricultural activity.
"Order": refers to the purchase of Products by a Customer from the Vendor on the Site.
"Delivery": refers to the first presentation of the Products purchased by the Customer at the delivery address indicated by the Customer when placing the Order.
"Parties" means both the Vendor and the Customer. In the singular, refers to only one of the two Parties.
"Products": refers to all products available on the Site.
"Site": refers to the Seller's Internet Site accessible at the following address.
Article 2 - Purpose
These GCS govern the sale of Products by the Vendor to professional Customers via the Site. The Customer is clearly informed and acknowledges that the Site is intended for professionals only.
Consequently, the Customer undertakes to purchase the products for professional use.
Furthermore, the customer is informed that the items offered are vintage and second-hand; they may show signs of wear, minor defects or repairs, which are characteristic of previously used garments.
Sizes can be estimated when original labels are missing. Photos are contractual, but slight color variations may appear depending on lighting. Decorative elements shown in photos are not included in the sale.
Article 3 - Acceptance of the GCS
The Customer undertakes to read these General Terms and Conditions of Sale carefully and to accept them expressly, before proceeding with the payment of an Order for Products placed with the Vendor on the Site.
The GCS are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing the Order.
The customer is invited to carefully read, download, print and keep a copy of the General Terms and Conditions.
The Vendor advises the Customer to read the General Terms and Conditions of Sale with each new Order, as the latest version of these General Terms and Conditions of Sale will apply to all new Orders for Products.
By clicking on the first button to place the Order and then on the second button to confirm the Order, the Customer acknowledges having read, understood and accepted the GCS without limitation or condition.
Article 4 - Ordering products on the site
In order to purchase a Product, the Customer must be at least eighteen (18) years of age and/or have legal capacity and be a professional.
The Customer will be asked to provide identifying information by completing the form available on the Site. The sign (*) indicates the mandatory fields that must be filled in for the Customer's Order to be processed by the seller.
Customers can check the status of their Orders on the Site. Delivery times are given for information only. The Vendor cannot be held responsible for delays beyond its control (carrier, customer absence, wrong address, etc.).
The Customer may also contact the Vendor's customer service department at any time under the conditions set out in article 13 hereof in order to obtain information on the status of his Order.
The information that the Customer provides to the Vendor when placing an Order must be complete, accurate and up-to-date.
The Vendor reserves the right to ask the Customer to confirm, by any appropriate means, his/her identity, eligibility and the information communicated.
Article 5 - Orders
The Vendor reserves the right to refuse or cancel an order in the event of payment problems, stock shortages or suspected fraud.
5.1. Product features
The Vendor undertakes to present in a clear, legible and comprehensible manner the essential characteristics of the Products and the mandatory information that the Customer must receive by virtue of the applicable law.
These characteristics and information appear on the Product sheets on the Site and contain in particular the description of the Product (color, possible size, etc.), the constituent materials, the care conditions and the price of the Product.
The Seller offers secondhand clothing grouped into bales, lots, or boxes, prepared according to our selection criteria. A margin of human error is allowed, which may result in a 15% to 20% variation in the quality of the items (Grade B).
No returns will be accepted for reasons of taste, size or minor defects.
The Customer undertakes to read this information carefully before placing an Order on the Site.
Any mention of "value offered" in the context of a promotion is based on an average estimate of the resale value observed among our professional customers. This indicative value constitutes neither a guarantee of quality, nor a promise of profitability or commercial performance.
5.2. Order procedure
Product Orders are placed directly on the Site. To place an Order, the Customer must follow the steps described below.
5.2.1. Product selection and purchase options
The Customer must select the Product(s) of his/her choice by clicking on the Product(s) concerned and choosing the desired characteristics and quantities. Once the Product has been selected, it can be placed in the Customer's shopping basket.
The customer can then add as many Products as they wish to their basket.
5.2.2. Commands
Once the Products have been selected and placed in the basket, the Customer must click on the basket and check that the contents of the Order are correct (including the quantity, characteristics and references of the Products ordered and their price)..
Once the Customer has checked the contents of his/her shopping basket, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, where applicable, delivery charges.
The Customer is again invited to check the contents of his Order before validating it.
The Customer may then pay for the Products online by credit card, via the secure PayPal or Stripe platforms, by following the instructions on the Site and providing all the information required for invoicing and delivery of the Products. All validated orders are subject to immediate payment.
For Products for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information required to process the Order.
The Customer must also select the Delivery method and choose Collection.
Orders may be cancelled within 48 hours of validation, but only if they have not yet been processed or shipped.
After this period, the order is considered final and cannot be cancelled.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the Site to acknowledge receipt of the Customer's Order.
A copy of the acknowledgement of receipt of the Order is automatically sent to the Customer by e-mail, provided that the e-mail address given on the registration form is correct.
It is specified that the Order summary and the confirmation e-mail may be retained and printed by the Customer.
5.2.4. Billing
During the Order process, the Customer must enter the information required for invoicing. (The sign (*) indicates the mandatory fields that must be filled in for the Customer's Order to be processed by the Vendor).
In particular, the Customer must clearly indicate all information relating to the Delivery, in particular the exact Delivery address, as well as any access code to the Delivery address.
The Customer must also specify the means of payment chosen from among the options offered.
Neither the order form that the Customer draws up online, nor the acknowledgement of receipt of the Order that the Vendor sends to the Customer by e-mail, constitute an invoice. Regardless of the Order or payment method used, the Customer will receive the original invoice inside the parcel when the Products are delivered or collected.
5.3. Order date
The date of the Order is the date on which the Seller acknowledges online receipt of the Order.
5.4. Prices
For all Products, the Customer will find prices displayed in euros exclusive of tax (HT) and in euros inclusive of tax (TTC), as well as the applicable delivery charges (depending on the weight of the parcel, excluding packaging and gifts, the delivery address and the carrier or mode of transport chosen).
In particular, prices include Value Added Tax (VAT) at the rate applicable on the date of the Order. Any change in the applicable rate may have an impact on the price of the Products from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the Products sold.
The prices of the Vendor's suppliers are subject to change. Consequently, the prices indicated on the Site may change. They may also be modified in the event of offers, discounts or special sales.
The prices indicated are valid, except for gross errors. The applicable price is that indicated on the Site on the date the Order is placed by the Customer.
5.5. Product availability
The Vendor undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the parties have agreed otherwise.
The unavailability of a Product is indicated on the page of the Product concerned.
In any event, if unavailability was not indicated at the time the Order was placed, the Vendor undertakes to inform the Customer without delay if the Product is unavailable.
In the event that a Product is unavailable, the Vendor may, and if the parties agree, offer an alternative Product of equivalent quality and price, accepted by the Customer.
If the Customer decides to cancel his Order for unavailable Products, he will be reimbursed for all sums paid for the unavailable Products, including delivery costs, no later than fourteen (14) days following the date on which the GCS were terminated.
Article 6 - Prices
The Customer may pay for Products online on the Site using the payment methods proposed by the Vendor.
The Customer guarantees the Vendor that he/she holds all the authorizations required to use the chosen means of payment.
The Seller will take all necessary measures to guarantee the security and confidentiality of data transmitted in connection with online payment on the Site.
It is hereby specified that all payment information provided on the Site is transmitted to the Site's bank and is not processed on the Site.
6.2. Payment date
The Customer's account will be debited as soon as the Product Order is placed on the Site.
In the case of partial delivery, the total amount will be debited from the Customer's account at the earliest when the first parcel is dispatched.
If the Customer decides to cancel his/her Order for unavailable Products, the refund will be made in accordance with article 5.5 of the GCS.
6.3. Refusal of payment
If the bank refuses to debit a card or other means of payment, the Customer must contact the Vendor's Customer Service Department in order to pay for the Order by any other valid means of payment accepted by the Vendor.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer proves impossible, the Order will be cancelled and the sale automatically terminated.
Article 7 - Transfer of ownership
The Vendor remains the owner of the Products delivered until full payment has been received from the Customer.
The above provisions do not preclude the transfer to the Customer, at the time when the latter or a third party designated by him takes physical possession of the Product, of the risks of loss or damage to the Products subject to retention of title, as well as the risks of damage which they may cause.
In the event of delivery to a carrier other than the one proposed by the Seller, the risk of loss or damage to the Product is transferred to the Customer upon delivery of the Product to the carrier.
Furthermore, the Vendor shall not be held liable for any consequences arising from the use or commercial exploitation of the products after receipt.
Article 8. Delivery
The terms of delivery of the Products are set out in the "Delivery Policy" referred to in Appendix 1 of the GTCS.
Article 9. Packaging
The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the Products during Delivery.
Article 10. Liability
The Vendor may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the Customer, in particular during Order entry.
The Vendor shall not be held responsible, nor considered to have failed to comply with the GTC, in the event of delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
Except as otherwise provided by law, the Seller shall not be liable for any damages of any kind resulting directly or indirectly from the use or inability to use the Products, including but not limited to:
- The Seller shall not be liable for any special, indirect or consequential damages such as, but not limited to, loss of production, loss of profits, even if the Customer has been advised of the possibility of such damages or losses;
- The Seller shall not be liable for loss or destruction of any property, damage or expense arising directly or indirectly from the Customer's use, misuse or inability to use the Product, either independently or in combination with any other product;
- The Seller shall not be liable for any commercial loss whatsoever.
Under no circumstances shall the contractual liability of the Vendor, as it may be incurred in application of these GTC, exceed the amount of the sums paid or still to be paid by the Customer for the purchase of the Product in question.
It should also be noted that the Vendor has no control over websites that are directly or indirectly linked to the Site. Consequently, the Vendor accepts no responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
Article 11. Force majeure
The Vendor may not be held liable if the non-performance or delay in the performance of any of its obligations described in the GTCS is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the GTC were concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the GCS. If the impediment is definitive, the GCS are cancelled ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
In the event of one of the aforementioned events, the Vendor will endeavour to inform the Customer as soon as possible.
Article 12. Personal data
The Vendor collects personal data concerning its customers on the Site, in order to process Orders placed on the Site, analyze Orders, respond to requests for information and, if the customer has expressly chosen this option, send newsletters, unless the customer no longer wishes to receive such communications from the Vendor.
In this respect, the Customer is invited to consult the Seller's Privacy Policy, which is referenced at the bottom of each page of the Site by means of a link. This privacy policy provides further information on the protection of personal data, the processing carried out by the Vendor via the Site, and how to exercise your rights.
In accordance with the French Data Protection Act, customers have the right to access, modify and delete their personal data.
Article 13. Complaints - customer services
Any written complaint from the Customer must be sent within forty-eight hours :
- By post to the following address United Vintage, 51 rue carnot, 74000 Annecy, France
- By e-mail to the following address: info@united-vintage.com
Article 14. Intellectual property rights
All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the Vendor. Any person who publishes a website and wishes to create a direct hypertext link to the Site must request the Vendor's authorization in writing.
Under no circumstances will this authorization from the Vendor be granted on a permanent basis. This link must be removed at the Vendor's request. Hypertext links to the Site using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the Site and its contents, by any process whatsoever, without the Vendor's express prior authorization, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.
Acceptance of the GCS implies that the Customer acknowledges the Seller's intellectual property rights and undertakes to respect them.
Article 15. Validity of the GCS
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of the GTCS shall not affect the validity of the GTCS. Any such modification or decision shall in no way authorize Customers to disregard the GTCS.
Article 16. Modification of the GCS
The GCS apply to all Orders placed online on the Site, for as long as the Site is available online.
The GTC are dated precisely and may be modified and updated by the Seller at any time.
The applicable GCS are those in force at the time of the Order.
Changes to the GTC shall not apply to Products already purchased.
Article 17. Jurisdiction and applicable law
THE COMMERCIAL COURT HAVING JURISDICTION OVER THE SELLER'S REGISTERED OFFICE SHALL BE COMPETENT TO HEAR ANY DISPUTE CONCERNING THE APPLICATION OF THESE CGV.
AS WELL AS THEIR INTERPRETATION, EXECUTION AND SUBSEQUENT CONTRACTS OF SALE ENTERED INTO BY THE SELLER OR CONCERNING PAYMENT OF THE PRICE, EVEN IN THE EVENT OF MULTIPLE DEBTORS, WARRANTY CLAIMS OR REFERRALS.
HOWEVER, THE SELLER RESERVES THE RIGHT TO SUMMON THE CUSTOMER BEFORE THE COMMERCIAL COURT IN WHOSE JURISDICTION THE CUSTOMER IS DOMICILED.
THESE CGV AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND SELLER ARE GOVERNED BY FRENCH LAW.
However, prior to any recourse to an arbitral or state judge, negotiation will be preferred in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to these GTC, including those concerning its validity.
The Party wishing to initiate the negotiation process must inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If, after a period of one (1) month, the Parties are unable to reach agreement, the dispute will be submitted to the competent court designated above.
Throughout the negotiation process and until its conclusion, the Parties undertake to refrain from taking any legal action against each other in connection with the dispute under negotiation.
By way of exception, the parties are authorized to bring an action in summary proceedings or to apply for an order on petition. Any action brought before a court of summary jurisdiction or the implementation of a petition procedure shall not entail any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.
Appendix 1. Delivery policy
Delivery zone
Products are shipped to the delivery address(es) indicated by the Customer during the Order process.
Shipping time
The lead times for preparing an Order and then drawing up the invoice, before dispatch of Products in stock, are mentioned on the Site. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the Customer when the Products are dispatched, provided that the e-mail address entered in the registration form is correct.
Delivery times & costs
During the Order process, the Vendor indicates to the Customer the possible delivery times and shipping methods for the Products purchased.
Shipping costs are calculated according to the delivery method, the weight of the parcel and the delivery address.
The amount of these costs will be payable by the Customer in addition to the price of the Products purchased. Details of delivery times and costs are given on the Site.
Terms of delivery
Delivery methods are those indicated on the Site.
The parcel will be delivered to the customer against signature and presentation of an identity document.
In the event of absence, a delivery notice will be left for the Customer to collect the parcel from a collection point.
Delivery problems
The delivery time indicated at the time of the Order is given as an indication only and is in no way guaranteed.
Consequently, any delay in the availability of the Products shall not give rise to :
- Awarding damages;
- Allocation of penalties;
- Cancellation of the Order.
It is the Customer's responsibility to check the delivered Products as soon as they are delivered.
In the event of missing or damaged Products or apparent non-conformity, the Customer must make all necessary reservations on the delivery slip upon receipt of said Products.
Failing this, the Customer is deemed to have accepted the Products without reservation.
The Customer must provide full proof of the defects observed, and the Vendor reserves the right to carry out, directly or indirectly, any on-site inspection and verification. The return of non-conforming Products is subject to the Vendor's prior acceptance. Failing this, the Customer is deemed to have accepted the Products without reservation.
However, as the garments are sold as vintage/second-hand, certain visible or repairable defects are considered normal (e.g. wear, snags, holes, stains, cut labels).
The legal warranty of conformity only applies in the event of a major defect rendering the part unusable and not indicated in the overall description.
All requests must be made within 48 hours of receipt.