GTC
General terms and conditions of sale
www.initialsparis.com (the " Website ") is published by Initial Sun , a simplified joint stock company with a capital of €10,000, whose registered office is at 4 le Pommier Benoist 28250 Le Mesnil-Thomas, registered with the Chartres Trade and Companies Register under number 849582556, whose intra-community VAT number is FR 27 849582556.
Purchases of products offered for sale on the site are reserved for natural persons of full legal capacity who are of legal age and who are not merchants (hereinafter the "Customer").
The Customer undertakes to read these GTC carefully before using the site. The fact of placing an order on the site implies the Customer's full and complete adherence to these GCS, which he acknowledges having read.
1 - APPLICATION OF THE CGV
These general terms and conditions of sale (the "GTC") apply to any person using the Site (the "User(s)"). The purpose of the GCS is to define the rights and obligations of the Users and the Vendor in the context of the online sale of any goods offered by the Vendor from his Site. (together, the "Parties").
The Parties agree that these GTC apply to the exclusion of all other terms and conditions, including those applicable to sales in stores or through other distribution and marketing channels, and supersede any other document.
The User must read these GTC and accept them unreservedly before making a purchase on the Site (the "Order"). In this respect, they are enforceable against him/her in accordance with the terms of Article 1119 of the French Civil Code.
The Initial S products are exclusively intended to be sold to final consumers, whether natural or legal persons, to the exclusion of any resellers or intermediaries acting on behalf of resellers. Therefore, the Customer affirms that he is acting as an end consumer and that he does not intend to resell Initial S products for commercial purposes.
The Seller reserves the right to change its GTC at any time. The applicable GCS are those appearing on the Site on the day of the Order placed by the Customer. If a condition of sale were to be missing in the GCS, it would be considered to be governed by the practices in force in the distance selling sector by companies having their registered office in France.
2 - WEBSITE
2.1 - Purpose and accessibility of the Site
www.initialsparis.com is an e-commerce site published and distributed by Initial Sun. It is accessible to all Internet users 24 hours a day, 7 days a week, unless interrupted, whether voluntarily or not. Initial Sun cannot be held liable for any damage of any kind resulting from the unavailability of the Site.
Initial Sun does not warrant that the Site will be free of anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, Initial Sun may freely determine at its sole discretion any period of unavailability of the Site or its content.
Initial Sun is also not responsible for problems with data transmission, connections or network unavailability.
Initial Sun reserves the right to make changes to the Site for technical or commercial reasons. Where such changes do not materially and adversely affect the terms and conditions of the provision of services, the Customer may be informed of the changes, but acceptance is not required.
The Site proposes to the persons consulting it the sale of clothing intended for women (the "Articles"). The User having validated an Order then becomes a "Customer". The rights and obligations of the User necessarily apply to the Customer.
2.2 - Ordering on the Site
The Site allows you to order from Initial Sun a selection of products of the Initial S brand (the "Product(s)"), immediately online via Internet for Delivery in France and abroad (see Article 10 "Terms of Delivery").
The Site does not allow special orders to be placed which consist, in particular, of the creation of a product that does not exist or no longer exists in the Initial S collection, or the adaptation or personalisation of a product from the Initial S collections, and the manufacture of the latter by Initial Sun. These Terms and Conditions of Sale do not apply to special orders.
3 - REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account"). Account "»).
The Customer's registration on the Site is validated by Initial Sun after verification of the standard form completed by the Customer. The Customer will receive a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Client is required to always update his personal information. In the event of an error in the wording of the recipient's contact information, Initial Sun cannot be held responsible for the inability to deliver Products.
By registering on the Site, the Clientt declares and garaInitial Sun has advised Initial Sun that it is of legal age and has the legal capacity to enter into a contract.
Initial Sun may delete the Customer's Account at any time, for any reason, in its sole discretion.
4 - THE PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are automatically updated in real time. However, any error in the update, whatever the origin, does not engage the responsibility of Initial Sun. In this respect, Initial Sun shall not be held liable for the cancellation of an Order for a Product due to the exhaustion of stocks.
Initial Sun takes great care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Initial Sun does not guarantee the accuracy or security of any information transmitted or obtained through the Site.
It is possible that the Customer may receive, following an Order, a part previously returned by another person. Please note that Initial Sun will only accept the return of undamaged and unworn Products, both of which will be checked before the returned Products are placed back in stock.
5 - THE ORDERS
The taking of Orders on the Site is subject to compliance with the procedure set up by Initial Sun on the Site comprising successive steps leading to the validation of the Order.
The Customer may select as many Products as he wishes to add to the basket ("the "...").Shopping cart"). The Basket summarizes the Products chosen by the Customer as well as the prices and fees relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order is worth confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity...) will be sent to the Customer by Initial Sun. To this effect, the Customer expressly accepts the use of email for the confirmation by Initial Sun of the content of his Order. Invoices are available in the "my account" section of the Website.
6 - PRE-ORDERS
Pre-ordering allows you to reserve a product before it is marketed by Initial Sun and be among the first to benefit from a new Initial S product. Pre-ordering is available on Initial S on a selection of products.
7 - PROMOTIONAL CODES, DISCOUNTS AND SALES
A promotional code entitles you to a one-off discount for the purchase of one or more products under the conditions set out in the promotional code.
Promotion codes are personal. Promotional codes are inalienable and may not be sold, bartered, traded or otherwise made available to the public, whether free or for a fee, on any website or other communication medium without the prior express written permission of Initial Sun.
Promotional codes issued by Initial Sun can only be used on www.initialsparis.com.
You can only use one promotional code per product.
Promotional codes cannot be combined with other promotions.
Promotion codes are not redeemable for cash.
Promotion codes are non-refundable.
For any item purchased with a promotional code or on sale, if returned, the return will be at the customer's expense, regardless of the country.
Initial Sun reserves the right to cancel a promotional code when it is not used in accordance with the foregoing.
8 - REFUSAL TO PROCESS AN ORDER
Initial Sun reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information on the Site. Despite Initial Sun's best efforts to satisfy its customers' expectations, Initial Sun may refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
Initial Sun shall not be liable to the Customer or any third party for the harmful consequences of removing a Product from the Site, or replacing or modifying any content or information on the Site, or refusing to process an Order after the Order confirmation email has been sent.
Initial Sun also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over payment for a previous Order or if Initial Sun reasonably believes that such Customer has violated these Terms and Conditions or has engaged in fraudulent activity, or for any other legitimate reason.
Initial Sun reserves the right to refuse an order for cause.
Initial Sun also reserves the right to cancel a purchase (order accepted) for cause.
Refusal of order and cancellation of purchase justified do not give place to any compensation, but to the refunding of the price of the products if this one was paid.
Reasons for this may include: the product is not in stock (you may wait for a restocking or refund); incorrect or unverifiable bank details; the order is identified as unusual or susceptible to fraud; we have reason to believe that your purchase is for resale; the selling price indicated on the website contained an error; the address you have provided is not within the geographical scope of delivery.
Initial Sun reserves the right to limit the quantity of Products that may be purchased by a Customer, in accordance with the applicable provisions on the subject and in particular those of Article L. 122-1 of the French Consumer Code.
9 - PRICE AND TERMS OF PAYMENT
9.1 Price
The prices of the products are indicated on the Site in Euros, US Dollars, Pounds Sterling, Canadian Dollars or Australian Dollars according to your choice, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France.
Initial Sun reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
9.2 Means of payment
The Products are payable cash at the time of the actual Order.
Accepted means of payment are the following: credit cards and bank cards (Visa®, MasterCard®)n, American Express, via the secure platform implemented by STRIPE and PayPal.
The Customer expressly acknowledges that the communication of his credit card number to Initial Sun is equivalent to an authorization to debit his Account up to the price of the ordered Products. Where applicable, a notification of cancellation of the Order for non-payment is sent to the Customer by Initial Sun on the email address communicated by the Customer when registering on the Website.
The data recorded and stored by Initial Sun constitutes proof of the Order and all sales made. The data recorded by Paypal or STRIPE constitute proof of any financial transaction between the Customer and Initial Sun.
10 - TERMS OF DELIVERY
The different delivery methods and charges applicable are those detailed on the Delivery & Return page at the time of the Order.
Delivery means the transfer to the Customer of physical possession of the Products (the "Delivery"). Delivery "»).
The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the "FAQ" section.
Where Initial Sun is responsible for shipping the Product, the risk of loss or damage to the Product passes to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the carrier is contracted to transport the Product by the Customer and not by Initial Sun.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery may not be made to hotels or post office boxes. The Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular, street, building and staircase numbers, any access codes, names and/or intercom numbers, etc.).
In the event that Delivery cannot be made due to an incorrect delivery address or the Customer's failure to collect the Order from the selected collection point or Chronopost, no reshipment can be made and the Customer will be refunded within five (5) days of receipt of the Order by Initial Sun.
Initial Sun delivers Orders in France and abroad, within a maximum period of twelve (12) business days for Delivery in Metropolitan France and twenty (20) business days for International Delivery, this period being counted from the first business day after the validation of the Order. The day after a collection is put online and from 23 November to 31 December, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the Delivery address (such as, in particular: street, building and staircase numbers, access codes, names and/or intercom numbers, etc.). In the event of an error in the wording of the Customer's details, Initial Sun may not be held liable for the impossibility of delivering the Product(s) ordered.
Initial Sun will not be liable for any delay in delivery that is not caused or justified by force majeure (as defined below).
In the event that the Delivery period is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of its request, a refund of the sums paid on the occasion of the Order. Notwithstanding the foregoing, Initial Sun shall not be held liable for any harmful consequences resulting from a delay in delivery, only the refund of the Product by Initial Sun being possible to the exclusion of any other form of compensation.
11 - WITHDRAWAL, RETURN, REFUND AND EXCHANGE
11.1 - Exercise of the right of retraction
In accordance with article L.221-18 of the French Consumer Code, the non-professional Customer has a period of fourteen (14) calendar days from the day following receipt of the Order to cancel it, without giving any reason for his decision. If this period expires on a Saturday, Sunday or a public holiday or day off, it is extended to the next working day. Beyond this deadline, the sale is firm and final.
The Customer shall inform Initial Sun of his intention to exercise his right of withdrawal, either by logging on to his Customer Account in the "Orders" section, or by sending an email to [email protected].
11.2 - Return of Items
The Customer is obliged to return the Articles concerned, without undue delay, within fourteen (14) days of receipt of the order.
Within the framework of the exercise of the right of retraction, the Products must be returned in their original packaging (with the pouch), in their original state, new, unworn, unwashed, with the hygiene label and accompanied by their purchase invoice or a copy in the event of partial return.
The return of a Product, in case of refund, is free if the place of shipment is in Metropolitan France. The return of a product in case of a refund request is at your expense if this place is outside Metropolitan France and is at your risk.
Please note that for products on sale or with discounts, return shipping costs are at the customer's expense, regardless of the country of origin.
In addition, returns will not be offered if the customer made a mistake in the order. Example: the order contains only a Vita top, but the customer thought he had a set but did not order a stocking.
To do so, please send an e-mail to [email protected] indicating the reasons for your return. Within a maximum of one week, you will receive an e-mail with the address to which to return the order, or with a delivery note.
Products returned incomplete, damaged, worn or soiled will not be refunded.
11.3 - Reimbursement of Returned Items
In the event of a refund request, the refund will be made within a maximum of fifteen (15) days from the date of receipt of the Product(s) by Initial Sun. Once the Products have been received, checked and accepted by our services, the refund, including the standard Delivery charges of the initial order, will be made according to the same payment method used for the order in Euros unless the Customer expressly agrees to the Seller using another payment method and provided that the refund does not cause any costs for the Customer.
Please note, however, that your bank may apply an additional time limit for the refund.
The Products must be returned in their original packaging (with the pouch), in their original condition, new, unworn, unwashed, with the hygiene label and accompanied by their purchase invoice or a copy in case of partial return. Products returned incomplete, damaged, worn or soiled will not be exchanged or refunded.
If the Customer fails to comply with these GTC, Initial Sun will not be able to refund the Items concerned. In all cases, Initial Sun shall bear the cost of return if the Item delivered to the Customer differs from the Item ordered or if it is delivered damaged due to an event attributable to the Seller.
11.4 - Exchange
If you are not happy with your order and would like to change it, simply return the entire order or the unwanted part of the order.
As Initial S is a small brand, we cannot take care of the return and reshipment costs.
You have two choices:
- the first: place a new order with the desired items and we will take care of the return costs of the products that do not suit you (except for the products on sale) which will be reimbursed after reception and control of the latter.
- the second: we send you the desired product upon receipt of those that do not suit you but the return of the product(s) that do not suit you is at your expense.
12 - WARRANTIES AND LIMITATION OF LIABILITY
Initial Sun does not offer a commercial warranty. The documents, descriptions and information relating to the Items on the Site are not covered by any warranty, express or implied, except as provided by law.
Initial Sun shall not be liable for any breach of any of its contractual obligations resulting from a fortuitous event or force majeure. In addition, Initial Sun cannot be held liable for any inconvenience or damage inherent in the use of the Internet network (service interruption, out-of-stock, undiscounted inventory, computer virus, etc.). The Customer acknowledges that he assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site.
Initial Sun's liability for any Product purchased on the Site is strictly limited to the purchase price of the Product. Initial Sun will not be liable for any of the following losses, regardless of their origin:
- loss of revenue or sales
- operating loss
- loss of profits or contracts
- loss of anticipated savings
- lost data
- loss of work or management time
- image damage
- loss of chance, and in particular to order a Product,
- moral prejudice.
The Products sold by Initial Sun are subject to the conditions of legal warranties provided by Articles L. 211-4 to L. 211-13 of the French Consumer Code and Articles 1641 to 1648 of the French Civil Code[A1] , to the exclusion of all other warranties:
12.1 - Legal guarantee of conformity
Initial Sun will deliver to you a Product that conforms to the contract and is free from defects in conformity at the time of delivery, in that the Product will be fit for the use ordinarily expected of similar goods and will have the characteristics exhibited at the time of sale. Initial Sun is also liable for defects in conformity resulting from packaging.
Initial Sun may replace the non-conforming Product. If replacement is not possible within one (1) month of the claim, or if you request it with sufficient justification, you may request a refund of the price of the Product.
This guarantee will only come into effect on the condition that you request it within two years of the delivery of the property. Defects in conformity which appear within twenty-four (24) months of Delivery shall be presumed to exist at the time of Delivery, unless proven otherwise.
12.2 - Legal warranty for hidden defects
Initial Sun agrees to provide you with a Product that is free of latent defects that render it unfit for its intended use, or that so diminish its intended use that you would not have acquired it, or would have paid a lesser price for it, if you had known about them. This warranty will only apply on the condition that you make the claim within two (2) years from the discovery of the defect.
In the event of a hidden defect, you will have the choice of returning the Product and having the price and costs incurred by the sale refunded to you, or keeping the Product and having part of the price refunded to you, or requesting an exchange within the limit of availability of the Product. In all cases, it will be up to you to prove that you meet the conditions of the guarantee.
In the event of lack of conformity and hidden defects, you must return the Products to us at the following address
12.3 - Force majeure
In the event of the occurrence of a force majeure event preventing the execution of these Terms and Conditions of Sale, Initial Sun shall inform the Customer within fifteen (15) days of the occurrence of such event, by email or by registered letter with acknowledgement of receipt. In addition to those cases usually considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals, are expressly considered as cases of force majeure or fortuitous event, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in marketing forms, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties that prevents the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the event of force majeure lasts for more than three (3) months, the transaction concerned may be terminated at the request of Initial Sun or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by an event of force majeure.
12.4 Limitation of liability
In no event shall Initial Sun be liable for any damages not resulting from a breach by Initial Sun of any of its obligations.
Initial Sun will not be liable for any damages suffered by a third party resulting from the use of any of our products.
Initial Sun will not be liable for any damages resulting from your misuse of any of our products.
Initial Sun is not liable for damages resulting from erroneous information on its websites.
13 - USER-GENERATED CONTENT
Any content added to www.initialsparis.com by users of the site (opinions, ideas, comments, votes, articles, photographs, films, drawings, creations, etc.) and made public on the site becomes the property of Initial Sun.
Initial Sun reserves the right to use it, to publish or not publish the content added by users in any manner whatsoever.
Terms and Conditions of Use
www.initialsparis.com (the " Website ") is published by Initial Sun, a simplified joint stock company with a capital of €10,000, whose registered office is located at 42 boulevard du Temple 75011 Paris, registered with the Paris Trade and Companies Registry under the number 849582556, whose intra-Community VAT number is FR 27 849582556.
Use of the Site and purchases of products offered on the Site are subject to these General Terms and Conditions of Use (hereinafter the "General Terms and Conditions of Use"). By using the www.initialsparis.com website, you acknowledge that you have read, understood and accepted these General Terms of Use without reservation. Similarly, by using the Site you acknowledge the Site's confidentiality clauses (see "Security and Confidentiality").
Initial Sun may at any time modify and update these Terms and Conditions of Use. The Terms and Conditions of Use in effect at the time of use of the Site are those that are enforceable against you.
We advise you to keep yourself regularly informed of the current conditions. You can read the current version of the General Conditions of Use at any time by clicking on the link here.
1 - Personal data and cookies
All of your Account information is only used in connection with your business relationship with www.initialsparis.com . This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by PayPal or by the secure payment module of our partner STRIPE. The Site uses cookies (connection cookies), which the user is informed of when arriving on the website. These cookies enable the recording of information relating to the navigation of the computer on the website. These cookies are installed only after acceptance by the user, the continuation of the navigation on the website being worth acceptance. The user may oppose the use of these cookies by configuring his browser, bearing in mind that access to certain services may require the user's prior acceptance of cookies.
2 - Intellectual Property
All of the elements (drawings, models, illustrations, images, soundtracks, texts, logos, trademarks, etc.) constituting the Site are the exclusive property of Initial Sun. Except as expressly provided in the Terms and Conditions of Use, you may not reproduce in whole or in part, by any means whatsoever, distribute, publish, transmit, modify or sell all or part of the content of the Site, or create derivative works therefrom, without the prior written consent of Initial Sun.
The "Initial S" trademark, all other trademarks and logos related to Initial Sun, whether registered or not, displayed on the Site, as well as the domain name "initialsparis.com" are and will remain the exclusive property of Initial Sun. Any reproduction, distribution, transmission, modification or use of these trademarks without the express prior consent of Initial Sun, for any reason whatsoever, is prohibited.
You may not remove any copyright, trademark or other proprietary rights notices from the Site or any content contained therein. You may make a single copy of the web pages published on the Site for your private, personal, non-commercial use, provided that any copy of such web pages retains all copyright and other proprietary notices contained therein.
3 - Links
Initial Sun is not responsible for the use or content of the websites it links to.
Initial Sun is not responsible for the use or content of websites that provide a link to the Initial Sun website.
4 - User-generated content
Any content added to www.initialsparis.com by users of the site (opinions, ideas, comments, votes, articles, photographs, films, drawings, creations, etc.) and made public on the site becomes the property of Initial Sun.
Initial Sun reserves the right to use it, to publish or not publish the content added by users in any manner whatsoever.
5 - Limitation of liability
In no event shall Initial Sun be liable to you or any third party for any indirect, incidental, special or consequential damages, including but not limited to lost profits or other indirect losses, arising out of your use of or inability to use the Site. This limitation of liability applies to the fullest extent permitted by law.
6 - No warranty
Initial Sun cannot guarantee or affirm:
- that the Site is free of viruses, data overwriting programs, Trojan horses or other destructive material,
- that the information contained in the Site is accurate, complete or up to date.
The Site may contain technical inaccuracies or other defects and Initial Sun does not guarantee that these defects will be corrected. The Site and its contents are provided on an "as is" and "as available" basis. Initial Sun expressly disclaims all warranties of any kind, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or normal use, quality or compliance with any legal requirements. This limitation of liability applies to the full extent permitted by law.
7 - Applicable law - Litigation
These General Terms and Conditions of Use are governed and interpreted in accordance with French law in accordance with EC regulation 593/2008 of 17 June 2008. These General Conditions of Use are written in French.
In the event of a dispute arising out of your use of the Site, you may have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure.
In the event of a dispute, in accordance with the provisions of Regulation No 44/2001 of 22 December 2000 :
- you can either go to the court of the place where you are domiciled or to the French courts,
- Initial Sun may take legal action in the court of the place where you are domiciled.
Initial Sun reserves the right to apply for and obtain injunctions or orders to defend its rights hereunder.
In case of discrepancies between the French and English versions of the General Terms and Conditions of Use, the French version shall prevail.