Terms of sale

 

TERMS AND CONDITIONS OF SALE FOR INDIVIDUALS

 

These General Terms and Conditions of Sale apply to all orders for products placed on the website: www.united-vintage.com, by a retail customer. The Site is operated by UNITED VINTAGE, a limited liability company with capital of €1,500.00, registered with the Annecy Trade and Companies Register under number 907 636 419, with its registered office located at 51 Rue Carnot, 74000 Annecy, France, email: info@united-vintage.com

 

The purpose of these Terms and Conditions is to define the terms under which the Seller offers for sale and delivers its products to the Customer via the Website. Any order placed on the Website implies the Customer’s full and unconditional acceptance of these Terms and Conditions. The Customer acknowledges having read the T&C prior to placing an order and accepts them by checking the box provided for this purpose before confirming payment. The T&Cs are accessible at any time on the Website and may be viewed, downloaded, and printed via a hyperlink.

 

IMPORTANT

 

Any order for Products placed on the Website implies the Customer’s full and unconditional acceptance of these Terms and Conditions of Sale. The Customer acknowledges having read these Terms and Conditions prior to confirming their Order.

 

Article 1 - Definitions

 

The terms used hereinafter have the following meanings in these GTCS:

“Store”: refers, where applicable, to the Seller’s physical retail location.

“Customer”: means any natural person of legal age acting as a consumer for purposes unrelated to their commercial, industrial, craft, professional, or agricultural activities.

“Order”: means the purchase of Products by the Customer from the Seller on the Website.

“Delivery”:means the first attempt to deliver the Products to the delivery address provided by the Customer at the time of the Order.

“Parties”: refers collectively to the Seller and the Customer.

“Products”: refers to all products offered for sale on the Site, including vintage and secondhand clothing sold in lots, bundles, or boxes.

“Site”:refers to the Seller’s website accessible at the following address:www.united-vintage.com.

 

Article 2 - Purpose

 

These Terms and Conditions govern the sale of Products offered by the Seller to individual Customers via the Website. The Customer is informed that the Products offered are vintage and secondhand clothing, which may be sold in lots or random bundles. As such, the Products may exhibit signs of use, size variations, color differences, repairs, wear and tear, holes, or defects inherent to their nature as secondhand clothing. Sizes may be estimated when the original tags are missing. Slight color variations may appear depending on lighting, the screen used, or shooting conditions.

 

Article 3 - Acceptance of the GCS

 

The Customer agrees to carefully read these Terms and Conditions and expressly accept them before proceeding with payment for an Order placed on the Website. These Terms and Conditions are referenced at the bottom of each page of the Site via a link accessible at the following address: https://www.united-vintage.com/en/fr/policies/terms-of-saleSee help note and must be reviewed before placing an Order. The Customer is encouraged to carefully read, download, and print the Terms and Conditions of Sale and to keep a copy. The Seller advises the Customer to read the T&C with each new Order, as the latest version of said T&C applies to all new Product Orders. By clicking the “Add to Cart” button to place the Order and then the second “Confirm Order” button to confirm said Order, after first checking a box indicating that they have read the General Terms and Conditions of Sale, the Customer acknowledges having read, understood, and accepted the General Terms and Conditions without limitation or condition.

 

Article 4 – Ordering Products on the Website

 

To place an Order, the Customer must be at least eighteen (18) years of age and have the legal capacity to enter into a contract. The Customer is asked to provide complete, accurate, and up-to-date information necessary for processing their Order, including their name, shipping address, email address, and billing information. Required fields are indicated on the Site. Any error or omission in the information provided by the Customer may result in a delay in processing or delivery. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity or the information provided, particularly in the event of suspected fraud.

 

Article 5 - Orders

 

The Seller reserves the right to refuse or cancel an Order in the event of a payment issue, out-of-stock items, an obvious pricing error, or suspected fraud.

 

5.1 Product Specifications

 

The Seller presents the essential characteristics of the Products in a clear and understandable manner on the Product pages. Since the Products are vintage and secondhand clothing, the Customer acknowledges that certain minor defects may be present, including: signs of wear, small stains, snags, repairs, cut-off tags, size variations, or color differences. When Products are sold as lots or random bundles, the exact composition may vary from one Order to another. Brands, sizes, models, colors, and styles are not guaranteed for each individual item, unless expressly stated otherwise on the Product page. Photos are provided for illustrative purposes only, unless expressly stated otherwise to indicate that they accurately represent the Product being sold. The Customer is required to read the Product description carefully before confirming their Order. Any mention of an estimated value, promotional value, resale value, or potential profitability is provided for informational purposes only and does not constitute a guarantee of resale, margin, or commercial performance.

 

 

5.2 Ordering Procedure

 

 

The Customer selects the Products of their choice, adds them to their cart, and then reviews the contents of their Order before confirming it. Before payment, the Customer is provided with a summary indicating, in particular, the Products ordered, their quantity, their price, applicable taxes, any delivery charges, and the total amount due. Confirmation of the Order constitutes an obligation to pay. Payment is made online using the methods offered on the Site. Once the Order is confirmed, a confirmation email is sent to the Customer at the email address provided during the Order process.

 

5.3 Modification or Cancellation of an Order

 

The Customer may request to modify or cancel their Order before it is shipped by contacting customer service at the following address:info@united-vintage.com. The Seller will make every effort to process the request, without guarantee, if the Order is already being prepared or has been shipped. This provision does not deprive the Customer of their legal right of withdrawal where applicable.

 

5.4 Price

 

Product prices are displayed in euros, including all taxes (TTC), excluding any shipping costs. Shipping costs are indicated before the final confirmation of the Order. The applicable price is the one displayed on the Site at the time of the Order, barring any obvious error. The Seller reserves the right to modify its prices at any time, without affecting Orders that have already been confirmed.

 

5.5 Product Availability

 

Product offers are valid while supplies last. If a Product is unavailable after the Order has been confirmed, the Seller will notify the Customer as soon as possible.

The Customer may then choose between:

  • a refund for the unavailable Product;
  • a replacement product of equivalent value, subject to the Customer’s express consent.

In the event of a refund, it will be issued within a maximum of fourteen (14) days.

 

Article 6 - Payment

 

The Customer may pay for their Order using the payment methods offered on the Website. The Customer warrants that they have the necessary authorization to use the selected payment method. Payments are secured by the payment service providers used by the Site. The Seller does not retain the Customer’s full banking information. The Customer’s account is charged at the time the Order is confirmed. If payment is declined, the Order is automatically canceled.

 

 

Article 7 – Transfer of Ownership and Risk

 

 

The Seller retains ownership of the Products until the Customer has paid the full purchase price. The risk of loss or damage to the Products passes to the Customer when the Customer, or a third party designated by the Customer, takes physical possession of the Products. If the Customer chooses a carrier other than those offered by the Seller, the transfer of risk occurs upon delivery of the Products to the carrier chosen by the Customer.

 

Article 8 - Delivery

 

Products are delivered to the address provided by the Customer at the time of the Order. The Customer is responsible for the accuracy of the delivery information provided. Delivery times are indicated on the Website or during the Order process. In the event of a delivery delay, the Customer is entitled to the rights provided for under the Consumer Code. If the Customer is not present at the time of delivery, they must follow the carrier’s instructions to retrieve their package. If the package is returned to the Seller due to an incorrect address, a prolonged absence, or failure by the Customer to collect it, the costs of reshipment may be charged to the Customer.

 

Article 9 – Packaging

 

The Products are packaged appropriately to ensure they can be transported under normal conditions.

 

Article 10 – Right of Withdrawal

 

In accordance with Article L221-18 of the Consumer Code, the consumer Customer has fourteen (14) days from the date of receipt of the Order to exercise their right of withdrawal, without having to provide a reason for their decision.  

To exercise their right of withdrawal, the Customer must notify us of their decision to withdraw by means of an unambiguous statement, preferably by email to the following address: info@united-vintage.com.

The withdrawal period expires fourteen (14) days after the day on which the customer, or a third party other than the carrier and designated by you, takes physical possession of the goods. The direct costs of return are the responsibility of the Customer, unless the error is attributable to the Seller. Products must be returned complete, in their original condition, unwashed, unaltered, and undamaged. For sets, bundles, or boxes, the return must include the entire set received. No partial returns will be accepted when the Product was sold as an indivisible set.

 

Article 11 – Refund in the Event of Cancellation

 

If the Customer exercises their right of withdrawal, the Seller agrees to refund all amounts paid, including shipping costs, without undue delay, and no later than fourteen (14) days from the date on which the Seller is notified of the Customer’s decision to withdraw (Article L. 221-24 of the French Consumer Code).

Unless the Seller offers to pick up the Products themselves, the Seller may delay the refund until the Products have been recovered or until the Customer has provided proof of shipment of the Products, whichever occurs first.

Any additional costs resulting from the Customer’s choice of a delivery method that is more expensive than the standard delivery method offered will not be refunded.

The Seller will issue the refund using the same payment method the Customer used for the original transaction, unless the Customer expressly agrees to use a different payment method and provided that the refund does not incur any costs for the Customer.

 

Article 12 – Depreciation of Returned Products

 

The Product must be returned in accordance with the Seller’s instructions and must include all accessories that were delivered.

In accordance with Article L221-23 of the Consumer Code, the Customer may be held liable for any depreciation in the value of the Products resulting from handling other than that necessary to establish their nature, characteristics, and proper functioning.

Consequently, a discount may be applied if the returned Products have been used, washed, worn for an extended period, damaged, are incomplete, have been altered, or are otherwise unsuitable for resale.

Depreciation will be assessed based on objective criteria: overall condition, odor, signs of use, soiling, damage, completeness of the lot, and the need for repackaging.

 

Article 13 – Statutory Warranties

 

The Customer is covered by the statutory warranty of conformity provided for in Articles L217-3 et seq. of the Consumer Code, as well as the statutory warranty against latent defects provided for in Articles 1641 et seq. of the Civil Code.

The statutory warranty of conformity applies when the Product has a lack of conformity, for example, when the Product does not function in accordance with its normal use, or when it does not match the description provided. The warranty against hidden defects covers defects that were not visible at the time of sale and that render the Product unfit for its intended use or significantly impair its use.

The consumer has two years from the date of delivery of the goods to invoke the statutory warranty of conformity if a lack of conformity arises.

Any lack of conformity that becomes apparent within twenty-four months of the delivery of the goods, including goods that include digital elements, is, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the alleged defect. For secondhand goods, this period is set at twelve months.

Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it first appeared.

The statutory warranty of conformity requires the seller, where applicable, to provide any updates necessary to ensure that the item remains in conformity.

The legal warranty of conformity entitles the consumer to have the item repaired or replaced within thirty days of making the request, at no cost and without significant inconvenience to the consumer.

If the product is repaired under the legal warranty of conformity, the consumer is entitled to a six-month extension of the original warranty.

If the consumer requests that the item be repaired, but the seller insists on replacing it, the statutory warranty of conformity is renewed for a period of two years from the date the item is replaced.

The consumer may obtain a reduction in the purchase price while retaining the goods, or terminate the contract and receive a full refund upon returning the goods, if:

  • (1) The professional refuses to repair or replace the item;
  • (2) The repair or replacement of the item takes place after a period of thirty days;
  • (3) Repairing or replacing the item causes significant inconvenience to the consumer, particularly when the consumer is permanently responsible for the costs of returning or picking up the nonconforming item, or if the consumer is responsible for the costs of installing the repaired or replacement item;
  • 4. The nonconformity of the goods persists despite the seller’s unsuccessful attempt to remedy it.

The consumer is also entitled to a price reduction or to rescind the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission of the contract. In such cases, the consumer is not required to first request that the goods be repaired or replaced.

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period during which the item is out of service for repair or replacement shall suspend the remaining warranty period until the repaired item is delivered.

The rights mentioned above are based onArticles L. 217-1 throughL. 217-32 of the Consumer Code.

A seller who, in bad faith, obstructs the enforcement of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of the seller’s average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer is also covered by the statutory warranty against hidden defects underArticles 1641 through1649 of the Civil Code, for a period of two years from the date the defect is discovered. This warranty entitles the consumer to a price reduction if the item is retained, or to a full refund upon return of the item.

The Seller is required to deliver goods that conform to the contract. Goods are deemed to conform when they correspond, in particular, to the description, type, quality, and quantity specified in the contract.  

Given the vintage and secondhand nature of the Products, signs of use, minor defects, repairs, variations in size, color differences, or normal signs of wear that are expressly stated or reasonably expected for secondhand clothing do not automatically constitute a lack of conformity.

Any complaints regarding non-compliance should be sent to:info@united-vintage.com, accompanied, if possible, by photos, the order number, and a detailed description of the problem.

 

Article 14 – Complaints and Customer Service

 

If you have any questions or complaints, please contact customer service:

By email: info@united-vintage.com

The Seller will make every effort to respond as soon as possible.

 

Article 15 – Consumer Mediation

 

In the event of a complaint prior to any legal action, the Customer is asked to contact the Seller’s customer service department. In accordance with Article L. 612-1 of the French Consumer Code, If no agreement is reached or if the Customer can demonstrate that they have previously attempted to resolve the dispute directly with the Seller through a written complaint, an optional and free mediation procedure will be offered, conducted in a spirit of fairness and good faith with the aim of reaching an amicable agreement in the event of any dispute relating to these Terms and Conditions, including regarding their validity. To initiate this mediation, the Customer may contact the Seller’s mediator within one year of the original complaint:

 

SAS Mediation Solution

 

Website: sasmediationsolution-conso.fr

Email: contact@sasmediationsolution-conso.fr

Mailing Address: Médiation Solution

222 Chemin de la Bergerie

01800 Saint-Jean-de-Niost

The party wishing to initiate the mediation process must first notify the other party by registered letter with return receipt, specifying the details of the dispute.

 

Article 16 – Personal Data

 

The Seller collects and processes the Customer’s personal data for the purposes of order management, delivery, billing, customer service, and, where applicable, sending marketing communications if the Customer has given consent. The Customer is invited to review the Privacy Policy available on the Website to learn about how their data is processed and how to exercise their rights.

 

Article 17 – Intellectual Property

 

All elements of the Site, including text, images, logos, trademarks, visual content, videos, structure, and graphic elements, are protected by intellectual property law. Any reproduction, representation, modification, or use, in whole or in part, without the prior written consent of the Seller, is prohibited.

 

Article 18 – Force Majeure

 

The Seller shall not be held liable for any failure to perform or delay resulting from a force majeure event as defined by Article 1218 of the Civil Code and French case law.

 

Article 19 – Validity of the Terms and Conditions

 

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

Article 20 – Amendments to the Terms and Conditions

 

The Seller may modify these Terms and Conditions at any time. The applicable Terms and Conditions are those in effect at the time of the Order.

 

Article 21 – Governing Law and Jurisdiction

 

These Terms and Conditions are governed by French law. In the event of a dispute, the Customer is invited to contact customer service to seek an amicable resolution.

 

Article 22 - Opting Out of Telemarketing (France)

 

In accordance with Article L.223-2 of the Consumer Code, consumers have the right to register for free on the Bloctel do-not-call list.

Website: https://www.bloctel.gouv.fr/

United Vintage is committed to complying with applicable regulations regarding telemarketing and SMS marketing.

 

Article 23 - Provision of the Standard Withdrawal Form

 

In accordance with the provisions of Articles L.221-5 and R.221-1 of the Consumer Code, the Seller provides the consumer Customer with a standard withdrawal form.

 

Withdrawal Form

Attention: United Vintage

Email: info@united-vintage.com

16 Rue de la Césière, 74000 Annecy

 I hereby give notice of my withdrawal from the contract for the sale of the property listed below:

– Ordered on:

– Received on:

– Consumer's name:

– Consumer's address:

Consumer's signature:

Date :