Terms of sale
General Terms and Conditions of Sale
Current as of October 19, 2023
Article 1. Definitions
These General Terms and Conditions of Sale (hereinafter "Terms of Sale") are offered by Collectif Chiffon (hereinafter "the Company"), a French simplified joint-stock company with capital of 3,000 euros, registered in the Trade and Companies Register of Paris under number 848663589, represented by Valentine Hotton, with registered office at 74 Rue d'Amsterdam, 75009 Paris, France.
Its email address is contact@waste.paris
The Company is the owner and publisher of the website https://waste.paris/ (hereinafter "the Website"). The Website is hosted by Shopify, located at 151 O'Connor Street, K2P 2L8 Ottawa, Canada, reachable at +1 888 746 7439.
The Website offers the Customer (hereinafter "the Customer") the ability to purchase fashion clothing and accessories (hereinafter the "Products").
Before any use of the Website, the Customer must ensure that they have the technical and computer resources necessary to use the Website and order Products on the Website, and that their browser enables secure access to the Website. The Customer must also ensure that the computer configuration of their equipment is in good condition and does not contain any viruses.
Article 2. Application and Enforceability of Terms of Sale
These Terms of Sale are intended to define all conditions under which the Company markets the Products as offered for sale on the Website to Customers. They apply therefore to any Order (hereinafter "Order") of Products placed on the Website by the Customer.
The Customer declares that they have reviewed and accepted these Terms of Sale prior to placing their Order.
Validation of the Order thus constitutes acceptance of these Terms of Sale. These are updated regularly; the Terms of Sale applicable are those in effect on the Website on the date the Order is placed.
Any condition contrary to that posed by the Customer would therefore be, in the absence of express acceptance, unenforceable against the Company regardless of when it may have been brought to its attention.
The fact that the Company does not rely at any given time on any provision of these Terms of Sale cannot be interpreted as constituting a waiver of its right to rely subsequently on any provision of said Terms of Sale.
Article 3. Product Orders on the Website
The Company reserves the right to correct the content of the Website at any time.
The Customer may find on the product page the period during which, or the date until which, spare parts essential to the use of the product are available on the market.
The Products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minor variation in the color of the product(s) does not engage the Company's liability and does not affect the validity of the sale.
The Customer selects the Product(s) they wish to purchase and may access at any time a summary of their Order.
The Order summary presents a list of the Product(s) that the Customer has selected and includes any additional fees such as shipping costs that are added to the price of the Product(s) in the Order. The Customer has the ability to modify their Order and correct any errors before confirming their Order.
After accessing the Order summary, the Customer confirms acceptance of their Order by checking the box for accepting the Terms of Sale, then by clicking the Order validation icon. The statement "Order with payment obligation" or a similar unambiguous formulation appears next to the Order validation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.
After accepting the Terms of Sale and validating the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
After validating their Order and in order to proceed with payment, the Customer enters the address where they wish to receive delivery of the Products and the billing address if different. The delivery process is described in Article 5 of these Terms of Sale.
The Company then sends them an Order confirmation by email, restating the elements of their Order summary and the delivery and, where applicable, billing addresses provided.
After validating their delivery and, where applicable, billing addresses, the Customer proceeds with payment of their Order according to the terms specified hereinafter.
Article 4. Prices and Payment Conditions for the Order
Prices are stated on the Website in the Product descriptions, in euros and excluding and including all taxes.
The total amount is indicated in the Order summary, before the Customer accepts these Terms of Sale, validates their Order, provides and validates their delivery and, where applicable, billing addresses, and proceeds with payment. This total amount is indicated including all taxes.
Ordering Products on the Website is payable in euros. Full payment must be completed on the date of the Order by the Customer, by credit card, except under special terms of sale expressly accepted by both the Customer and the Company.
In case of payment by credit card, the Website uses the Shopify Payments security system, a provider specializing in securing online payments. This system guarantees the Customer complete confidentiality of their banking information. The credit card transaction between the Customer and the secure system is therefore entirely encrypted and protected. The Customer's banking information is not stored electronically by the Company.
The Customer guarantees to the Company that they have the necessary authorization to use the payment method when placing the Order.
The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in case of non-payment or partial payment of any amount owed by the Customer to the Company, in case of payment default, or in case of fraud or attempted fraud relating to the use of the website and the payment of an Order.
Article 5. Use of Services/Delivery
The Product(s) offered on the Website may be delivered to any location.
The Company commits to delivering the Product(s) within a period not exceeding 2 to 14 business days from the date of Order.
The Customer is notified by email when their Order is ready and when it is shipped. The ordered Product(s) is/are delivered to the delivery address indicated by the Customer when placing their Order under the conditions specified in Article 3 of these Terms of Sale.
The Customer must ensure that the information provided is correct and remains so until complete delivery of the ordered Product(s). The Customer commits therefore to inform the Company of any changes to their billing and/or delivery address that may occur between the Order and delivery, by promptly sending an email to the customer service address. In the absence thereof, in case of delay and/or delivery error, the Customer may in no way engage the Company's liability in case of non-delivery, and the Company's customer service will contact the Customer for a second delivery at the Customer's expense.
The Company will also not be liable if non-receipt of the Products is due to the action of a third party outside its control or in case of theft.
In case of return of the Order due to the Customer's absence, the Company's customer service will contact the Customer for a second delivery at the Customer's expense.
The Customer may track delivery of their Order by contacting customer service, the number for which appears in Article 6.2 of these Terms of Sale.
Article 6. Customer Service
For any request for information, clarification, or any complaint, the Customer must contact, in the first instance, the Company's customer service in order to allow it to attempt to find a solution to the problem.
The Company's customer service is accessible by email Monday through Friday using the following contact information:
- Email: contact@waste.paris
- Mail: 74 Rue d'Amsterdam, 75009 Paris, France
Article 7. Legal and Commercial Warranties
All products offered by the Company are subject to the legal warranty of conformity provided by law, and in particular Articles L.217-4, L.217-5, and L.217-12 of the French Consumer Code, and to the warranty against hidden defects provided by Articles 1641 and 1648, first paragraph, of the French Civil Code:
A non-conforming product shall be subject to replacement or repair according to the cost terms provided by the French Consumer Code.
The legal warranty of conformity applies regardless of any commercial warranty that may be granted.
Thus the Customer:
(i) has a period of two (2) years from the delivery of the product to act on the basis of non-conformity of the Product
(ii) is relieved of the burden of proving the existence of the defect of conformity of the good during the ten (10) months following the delivery of the product
(iii) may choose between repair or replacement of the product, subject to the cost conditions provided by Article L. 217-9 of the French Consumer Code.
Furthermore, the Customer may also invoke the legal warranty for hidden defects of the thing sold, within the meaning of Articles 1641 et seq. of the French Civil Code. The legal warranty for hidden defects allows the Customer within a period of two years from the discovery of the defect to obtain reimbursement of a Product that proved unsuitable for use.
The warranty for hidden defects protects the Customer against hidden defects in the purchased product that prevent its use or affect it to such a degree that the Customer would not have purchased it.
The Customer then has a choice between two options: keep the product and request a price reduction, or return the product and request reimbursement of the price paid, in accordance with Article 1644 of the French Civil Code.
The following legal provisions are recalled:
Art. L217-4 of the French Consumer Code: "The seller delivers goods conforming to the contract and is responsible for defects of conformity existing at delivery. The seller is also responsible for defects of conformity resulting from packaging, assembly instructions, or installation when these have been made the seller's responsibility by the contract or were carried out under the seller's responsibility."
Art. L217-5 of the French Consumer Code: "Goods conform to the contract: 1° If they are suitable for the usual use of similar goods and, where applicable: (a) if they correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model; (b) if they possess the qualities that a buyer can legitimately expect given the public statements made by the seller, the manufacturer, or their representative, in particular in advertising or labeling; 2° Or if they possess the characteristics jointly agreed upon by the parties or are suitable for any special use sought by the buyer, brought to the seller's attention, and which the latter has accepted."
Art. L217-7 of the French Consumer Code: "Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at delivery, except for proof to the contrary. For second-hand goods sold, this period is set at six months. The seller may contest this presumption if it is not compatible with the nature of the good or the defect of conformity invoked."
Art. L217-8 of the French Consumer Code: "The buyer is entitled to require the goods to conform to the contract. The buyer cannot, however, contest conformity by invoking a defect the buyer knew of or could not have been unaware of when contracting. The same applies when the defect originates in materials provided by the buyer."
Art. L217-9 of the French Consumer Code: "In case of defect of conformity, the buyer chooses between repair and replacement of the goods. However, the seller need not act according to the buyer's choice if that choice entails a cost that is manifestly disproportionate with respect to the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, except where impossible, according to the option not chosen by the buyer."
Art. L217-10 of the French Consumer Code: "If repair and replacement of the goods are impossible, the buyer may return the goods and demand reimbursement of the price or keep the goods and request a partial refund of the price. The buyer also has this option: 1° If the proposed, offered, or agreed solution under Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if that solution cannot be implemented without major inconvenience to the buyer considering the nature of the goods and the use sought. The rescission of the sale may not, however, be pronounced if the defect of conformity is minor."
Art. L217-11 of the French Consumer Code: "The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages and interest."
Art. L217-12 of the French Consumer Code: "The action resulting from the defect of conformity is barred by a two-year period from the delivery of the goods."
Art. L217-13 of the French Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise an action resulting from hidden defects as it results from Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or non-contractual nature recognized by law."
Art. 1641 of the French Civil Code: "The seller is responsible for warranty against hidden defects of the thing sold that make it unsuitable for the use it is intended for, or that diminish this use to such a degree that the buyer would not have acquired it or would have given less for it if aware of them."
Art. 1642 of the French Civil Code: "The seller is not responsible for apparent defects and which the buyer could have ascertained themselves."
Art. 1643 of the French Civil Code: "The seller is responsible for hidden defects, even if unaware of them, unless the seller has stipulated that no warranty will be provided."
Art. 1644 of the French Civil Code: "In the cases of Articles 1641 and 1643, the buyer may choose to return the thing and demand reimbursement of the price, or to keep the thing and request a partial refund of the price."
Art. 1646 of the French Civil Code: "If the seller was unaware of the defects of the thing, the seller is obliged only to reimburse the price and to repay the buyer for expenses caused by the sale."
Art. 1648 of the French Civil Code: "The action resulting from hidden defects must be brought by the buyer within two years from discovery of the defect. (...)"
If a Customer believes they have received a product they consider defective or non-conforming, they must contact the Company as soon as possible from receipt of the Order, at the following email address: contact@waste.paris, or by certified mail with return receipt to the following address: 74 Rue d'Amsterdam, 75009 Paris, France, specifying the defect or non-conformity in question.
It is the Customer's responsibility to provide all justification for the identification of any apparent defects and/or anomalies noted. The Customer must allow the Company every facility to verify these defects or non-conformities and to remedy them as appropriate. The Customer will refrain from intervening themselves or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by the Company, the Company will then send the Customer instructions on how to proceed after reviewing the complaint thus filed and, where applicable, will proceed with replacement of the product for which the Company may have found a defect of conformity or defectiveness.
In the case where product exchange would be impossible, the Company will be obliged to refund the Customer within fourteen days following receipt of the product. The refund will be made at the Company's discretion by credit to the Customer's bank account, with the Customer able to opt for a refund method other than that proposed.
Article 8. Customer Obligations
The Customer commits to complying with the terms of these Terms of Sale.
The Customer commits to using the Website in accordance with the Company's instructions.
The Customer agrees that they use the Website only for personal use in accordance with these Terms of Sale. In this regard, the Customer agrees to refrain from:
- Using the Website in any illegal manner, for any illegal purpose, or in any manner inconsistent with these Terms of Sale;
- Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content appearing on the Website or decompiling, disassembling, reverse engineering, modifying, displaying in human-readable form, attempting to discover any source code, or using any software activating or containing all or part of the Website;
- Attempting to gain unauthorized access to the Website's computer system or engaging in any activity disrupting, diminishing the quality of, or interfering with the performance or deteriorating the functionality of the Website;
- Using the Website for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to gain unauthorized access to the Website;
- Infringing the Company's intellectual property rights and/or reselling or attempting to resell products to third parties;
- Disparaging the Website and/or products as well as the Company on social media and any other means of communication.
If, for any reason whatsoever, the Company considers that the Customer is not complying with these Terms of Sale, the Company may at any time, and at its sole discretion, delete their access to the Website and take any measures including any civil and criminal legal action against them.
Article 9. Right of Withdrawal
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Website to exercise their right of withdrawal with the Company, without having to provide justification or pay any penalty.
All Products/Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the French Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and whose execution began after the consumer's prior express agreement and express waiver of their right of withdrawal;
2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
3° For the supply of goods made to the consumer's specifications or clearly personalized;
4° For the supply of goods likely to deteriorate or quickly perish;
5° For the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
6° For the supply of goods that, after delivery and by their nature, are inseparably mixed with other items;
7° For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at contract conclusion depends on financial market fluctuations beyond the professional's control;
8° For emergency maintenance or repair work to be performed at the consumer's home and expressly requested by them, limited to replacement parts and work strictly necessary to meet the emergency;
9° For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° For the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° For accommodation services other than residential accommodation, goods transport services, car rental services, catering, or leisure activities that must be provided on a specific date or period;
13° For the supply of digital content not supplied on a physical medium whose execution began after the consumer's prior express agreement and express waiver of their right of withdrawal.
To exercise their right of withdrawal from the Order, the Customer must notify their decision to withdraw by means of the withdrawal form provided in the appendix to these Terms or by means of an unambiguous statement, without having to provide justification. The Customer may communicate their decision to withdraw to the Company by any means, in particular by sending it by mail to the Company at the following address: 74 Rue d'Amsterdam, 75009 Paris, France or by email to contact@waste.paris
Upon notification to the Company by the Customer of their decision to withdraw, regardless of the means used, the Company will promptly send them an acknowledgment of receipt of the withdrawal on a durable medium (particularly by email).
The Customer must return the Product(s) in the same condition as received, and with all packaging, accessories, and instructions (even if the Product(s) has/have been unpacked), within the shortest time possible and no later than 14 days from notification of the decision to withdraw from this contract, to the following address: 74 Rue d'Amsterdam, 75009 Paris, France. In accordance with law, the Customer bears the cost of returning the Product(s).
In case of the Customer's withdrawal, the refund of the Product(s) subject to the right of withdrawal is made by the Company by the same payment method used for the initial transaction, unless the Customer expressly agrees to a different method. In any case, this refund will not incur any charges for the Customer. The refund is made within the shortest time possible and no later than 14 days from the date the Company is informed of the Customer's decision to withdraw from their Order.
In accordance with Article L.221-23 of the French Consumer Code, the Customer is informed that their liability is only engaged with the Company for depreciation of the Product(s) returned following exercise of their right of withdrawal resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of these goods.
Article 10. Liability
The Company implements all measures necessary to ensure that the Customer receives Product(s) of quality under optimal conditions. It cannot, however, in any way have its liability engaged for any non-performance or poor performance of all or part of the services provided by the contract, which would be attributable either to the Customer, to the unforeseen and irresistible act of a third party external to the contract, or to force majeure. More generally, should the Company's liability be engaged, it could in no way agree to compensate the Customer for indirect damages or damages whose existence and/or extent are not established by evidence.
The Company shall not be liable for damages caused by misuse of any of its products or by failure to comply with precautions for use and conditions of hygiene, storage, and safety when using any of its Products/Services.
The Website may contain links to other websites not published nor controlled by the Company, which cannot be held responsible for the operation, content, or any element present or obtained through these websites.
The establishment of such links or reference to any information, articles, or services provided by a third party cannot and must not be interpreted as express or implied endorsement by the Company of these websites and elements or their contents.
The Company is not responsible for the availability of these websites and cannot control their content or validate the advertising, Product(s), and other information distributed on these websites.
It is expressly provided that the Company cannot in any way be held liable, in any manner whatsoever, should the Customers' computer equipment or email reject, for example due to spam filters, emails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the Order summary, or the shipment tracking email.
The Customer is fully aware of the provisions of this Article and in particular the warranties and liability limitations mentioned above, essential conditions without which the Company would never have contracted.
Article 11. Security
The Customer commits to not compromising the security of the Website. To this end, they commit to not attempting fraudulent access to and/or maintenance of the Company's information system. The Customer also cannot compromise or hinder the Company's information system. In the absence thereof, the Company may take any measures against them and in particular initiate criminal proceedings against them under Articles 323-1 et seq. of the French Penal Code.
Article 12. Intellectual Property and Personal Data
All elements of this Website and the Website itself are protected by copyright, trademark law, design and model rights, and/or all other intellectual property rights. These elements are the exclusive property of the Company. All such rights are reserved worldwide.
The name and trademark, logos, designs and models, stylized lettering, figurative marks, and all signs appearing on this Website are and will remain the exclusive property of the Company.
No title nor any right in any element or software will be obtained by downloading or copying elements from this Website. It is strictly forbidden for the Customer to reproduce (except for personal, non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to this Website and the elements and software it contains, nor to modify them or perform any work using them as a basis, nor to sell or participate in any sale relating to this Website, the elements of this Website, nor any related software.
The Company grants the Customer a non-exclusive license to use the Website. This license is strictly personal and cannot in any way be assigned or transferred to any third party. The license is granted for the duration of use of the Website.
Any use by the Customer of the Company names, trademarks, and distinctive signs belonging to the Company is strictly prohibited except with prior express agreement from the Company.
The Company understands that the protection of data and privacy is an issue for all internet users visiting the Website. The Company commits, in accordance with GDPR regulations, to respecting your privacy and protecting your personal data, meaning any information likely to identify you directly or indirectly as a person.
In connection with the Order, the Company intends to collect Customer personal data. The Company commits to protecting Customers' personal data.
Files containing personal data necessary for the Order are in particular retained on the servers of the Website's hosting provider. This provider certifies that it is in compliance with the requirements of the General Data Protection Regulation (GDPR). The Company does not communicate or trade in Customers' personal data.
At the stage of ordering on the Website, the Customer expressly consents to the collection and processing of their personal data necessary to fulfill Orders.
The personal data collected by the Company is intended to enable fulfillment of the Order. The various personal data will not be retained longer than necessary for the purposes for which it was collected, including in respect of compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as the "Computer and Freedom Law," and the General Data Protection Regulation (GDPR), subject to verifying your identity, any Customer, regardless of nationality, has the right to access, modify, and delete their personal data. Each Customer also has the right to request a limitation of the processing of their data and has, furthermore, the right to data portability as well as the right to object to the processing of their personal data.
For the purposes of applying this clause and in particular to ensure confidential treatment of Customers' data, the Company has designated, in accordance with the provisions of the General Data Protection Regulation (GDPR), a Data Protection Officer who may be contacted at the following address: contact@waste.paris
In any case, any Customer has the right to file any complaint with the CNIL (French data protection authority).
Article 13. Newsletter
By checking the box provided for this purpose or by expressly agreeing to this, the Customer accepts that the Company may send them, at a frequency and in a form determined by it, a newsletter containing information relating to its activities.
When the Customer checks the box provided for this purpose in the registration process on the Website to place an Order, they accept receiving commercial offers from the Company for Products similar to those ordered.
Customers will have the option to unsubscribe from the newsletter by clicking the link provided for this purpose, present in each newsletter.
Article 14. National Do-Not-Call Registry
The Customer has the option to register for free on a national do-not-call registry (equivalent to US Do-Not-Call Registry) in order to no longer be contacted by phone by a professional with whom they do not have an ongoing contractual relationship, in accordance with applicable law.
Article 15. Applicable Law and Jurisdiction
These Terms of Sale are governed by and construed in accordance with French law, without regard to conflict of law principles.
In the event of a dispute likely to arise in connection with the interpretation and/or performance of these Terms or in relation to these Terms of Sale, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution mechanism.
In accordance with the provisions of the French Consumer Code regarding amicable dispute resolution, the Company is a member of the E-commerce Mediator Service CNPM MEDIATION CONSOMMATION, the contact information for which is as follows: 27, avenue de la Libération, 42400 Saint-Chamond, France.
You may resort to the mediation service for consumer disputes relating to an Order placed on the internet.
To learn about the procedures for filing a complaint with the Mediator: https://waste.paris/policies/terms-of-sale
It is finally noted that mediation is not mandatory but only proposed in order to resolve disputes while avoiding recourse to justice.
The Customer may also visit the European consumer dispute resolution platform established by the European Commission at the following address and listing all approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.
In case of failure of this mediation procedure or if the Customer wishes to bring a matter before a court, the rules of the Code of Civil Procedure will apply.
Appendix 1
WITHDRAWAL FORM
Collectif Chiffon
74 Rue d'Amsterdam, 75009 Paris, France
contact@waste.paris
I hereby notify you of my withdrawal from the contract for the sale of the following Product(s)/Service(s):
Ordered on:
Received on:
Order number:
Customer name:
Customer address:
Date:
Customer signature: