General conditions of sale

www.initialsparis.com (the “ Site ”) is published by the Initial Sun Company, registered trademark Initial S, a simplified joint-stock company with 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 non-trading adult individuals with full legal capacity (hereinafter the “ Customer ”).

The Customer undertakes to read these General Terms and Conditions carefully before using the site. Placing an order on the site implies the Customer's full acceptance of these General Terms and Conditions, which they acknowledge having read.

1 - APPLICATION OF THE GTC

These general terms and conditions of sale (the “ GTC ”) apply to any person using the Site (the “ User(s) ”). The purpose of the GTC is to define the rights and obligations of the Users and the Seller in the context of the online sale of any goods offered by the Seller from its Site (together, the “ Parties ”).

The Parties agree that these General Terms and Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels, and prevail over any other document.

The User must read these General Terms and Conditions and accept them without reservation before making a purchase on the Site (the “ Order ”). In this regard, they are binding on the User in accordance with the terms of Article 1119 of the Civil Code.

Initial S products are intended exclusively for sale to end consumers, whether natural or legal persons, excluding any resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that he acts as an end consumer and that he does not intend to resell Initial S products for commercial purposes.

The Seller reserves the right to modify its General Terms and Conditions at any time. The applicable General Terms and Conditions are those appearing on the Site on the day of the Order placed by the Customer. If a condition of sale is missing from the General Terms and Conditions, it will be considered to be governed by the practices in force in the distance selling sector by companies with their headquarters 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 any Internet user in principle. 24/7 except for interruption, whether intentional or not. Initial Sun cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.

Initial Sun does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this regard, it may freely determine at its sole discretion any period of unavailability of the Site or its content.

Initial Sun cannot be held responsible for data transmission problems, connection problems or network unavailability.

Initial Sun reserves the right to modify the Site for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of service provision, the Customer may be informed of the modifications, but their acceptance is not requested.

The Site offers to those who consult it the sale of clothing intended for women (the “ Item(s) ”). The User who has 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 the company Initial Sun a selection of products of the Initial S brand (the “Product(s)”), immediately online via the Internet for Delivery in France and abroad (see Article 10 “Delivery Methods”).

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 of the adaptation or personalization of a product from the Initial S collections, and of the manufacture of the latter by Initial Sun. These General Conditions of Sale therefore 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 ").

The Customer's registration on the Site is validated by Initial Sun after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.

When creating their Account, the Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always update their personal information. In the event of an error in the recipient's contact details, Initial Sun cannot be held responsible for the impossibility of delivering Products.

By registering on the Site, the Customer declares and guarantees to Initial Sun that he/she is of legal age and has the legal capacity to enter into a contract.

Initial Sun may terminate Customer's Account at any time, for any reason, in its sole discretion.

4 - 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 details are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Initial Sun. As such, Initial Sun cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.

Initial Sun takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information needs. 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, an item previously returned by another person. It is specified that Initial Sun only accepts the return of intact and unworn Products, these two conditions being checked before the returned Products are put back into stock.

 5 - ORDERS

Placing an Order on the Site is subject to compliance with the procedure set up by Initial Sun on the Site, comprising successive stages leading to validation of the Order.

The Customer may select as many Products as they wish, which will be added to the shopping cart (the " Shopping Cart "). The Shopping Cart summarizes the Products chosen by the Customer as well as the prices and associated costs. The Customer may freely modify the Shopping Cart before confirming their Order. Validation of the Order constitutes confirmation of the Customer's acceptance of the General Terms and Conditions, the Products purchased, their prices and the associated costs.

A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Initial Sun. To this end, the Customer formally accepts the use of email for confirmation by Initial Sun of the content of his Order. Invoices are available in the "my account" section of the Site.

6 - PRE-ORDERS

Pre-ordering allows you to reserve a product before it is released by Initial Sun and to 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 gives you the right to a one-off discount for the purchase of one or more products under the conditions provided for in the promotional code.

Promotional codes are personal. Promotional codes are inalienable and may not be sold, bartered, exchanged, or made available to the public free of charge or for a fee on a website or any other communication medium without the prior, express, written authorization of Initial Sun.

Promotional codes issued by Initial Sun can only be used on the website www.initialsparis.com

You can only use one promotional code per product.

Promotional codes cannot be combined with other promotions.

Promotional codes are not redeemable for cash.

Promotional 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 above.

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 contained therein. Despite Initial Sun 's best efforts to meet its customers' expectations, it may be required to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.

Initial Sun shall not be held liable to the Customer or any third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order.

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 breached these Terms and Conditions or engaged in fraudulent activity, or for any other legitimate reason.

Initial Sun reserves the right to refuse an order for just cause.

Initial Sun also reserves the right to cancel a purchase (accepted order) for just cause.

Justified refusals of orders and cancellations of purchases do not give rise to any compensation, but to the reimbursement of the price of the products if this has been paid.

Justifiable reasons include: product not available in stock (you can wait for restocking or obtain a refund); incorrect or unverifiable bank details; order identified as unusual or likely to be fraudulent; we have reason to believe that your purchase is intended for resale; the sale price indicated on the website contained an error; the address you provided to us does not fall within the geographical delivery area.

Initial Sun reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the applicable provisions in this area and in particular those of Article L. 122-1 of the French Consumer Code.

9 - PRICE AND PAYMENT TERMS

9.1 The price

The prices of the products are indicated on the Site in Euros, US Dollars, Pounds Sterling, Canadian Dollars or Australian Dollars, as you choose, 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 rates in effect at the time of registration and payment of the Order, subject to availability.

9.2 Payment methods

The Products are payable in cash upon effective Order.

The following payment methods are accepted: credit cards and bank cards (Visa®, MasterCard®), American Express, via the secure platform implemented by STRIPE and PayPal.

The Customer expressly acknowledges that providing their bank card number to Initial Sun constitutes authorization to debit their Account for the amount of the Products ordered. If applicable, a notification of cancellation of the Order due to non-payment is sent to the Customer by Initial Sun to the email address provided by the Customer when registering on the Site.

The data recorded and stored by Initial Sun constitutes proof of the Order and all past sales. The data recorded by Paypal or STRIPE constitutes proof of any financial transaction between the Customer and Initial Sun.

10 - DELIVERY METHOD 

The different delivery methods and costs 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 ”).

The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “FAQ” section.

When Initial Sun is responsible for the delivery of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.

By exception, the risk is transferred to the Customer upon delivery of the Product to the carrier when the latter is responsible for transport 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 residential address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery cannot be made to hotels or PO boxes. The Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular, street, building and stairway numbers, any access codes, names and/or intercom numbers, etc.).

If Delivery is not possible due to an incorrect delivery address or the Customer not collecting their Order from the selected collection point or Chronopost, no reshipment can be made and the Customer will be reimbursed 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) working days for Delivery in Metropolitan France and twenty (20) working days for International Delivery, this period being counted from the first working day after validation of the Order. The day after a collection is put online and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.

In order to meet these deadlines, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). In the event of an error in the wording of the Customer's contact details, Initial Sun cannot be held responsible for the impossibility of delivering the Product(s) ordered.

Initial Sun cannot be held responsible for any delay in delivery which is not its fault or justified by a case of force majeure (as defined below).

In the event of the Delivery deadline being exceeded, the Customer may request cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the above, Initial Sun cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement 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 withdrawal

In accordance with Article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) calendar days from the day after receipt of the Order to cancel it, without providing a reason for their decision. If this period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. Beyond this period, the sale is firm and final.

The Customer informs Initial Sun of his intention to exercise his right of withdrawal, either by logging into his Customer Account in the “Orders” section, or  by sending an email to contact@initialsparis.com .

11.2 - Return of Items

The Customer is required to return the relevant Items, without undue delay, within fourteen (14) days of receipt of the order.

When exercising the right of withdrawal, 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 the event of a partial return.

The return of a Product is at the customer's expense.

Please note that for products on sale or with discounts, return costs are the responsibility of the customer regardless of their country of origin.

Additionally, returns will not be offered if the customer ordered the wrong item. For example, the order only contains a Vita top, but the customer thought they had a set but did not order any bottoms.

To do so, you must send an email to contact@initialsparis.com stating the reasons why you wish to make a return. You will receive an email with the address to return the order to or a shipping slip within a maximum of one week.

Products returned incomplete, damaged, worn or soiled will not be refunded.

11.3 - Reimbursement of Returned Items

In the event of a refund request, this will take place within a maximum of fifteen (15) days from 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 costs of the initial order, will be made using the same payment method used when ordering in Euros unless the Customer expressly agrees that the Seller uses another payment method and to the extent that the refund does not incur any costs for the Customer.

Please note, however, that an additional delay may be applied by your bank when making the refund. 

Products must be returned in their original packaging (including the pouch), in their original condition, new, unworn, unwashed, with the hygiene label and accompanied by their purchase invoice or a copy in the case of a partial return. Products returned incomplete, damaged, worn or soiled will not be exchanged or refunded.

If the Customer fails to comply with these General Terms and Conditions, Initial Sun will not be able to refund the relevant Items. In all cases, return costs are borne by Initial Sun if the Item delivered to the Customer differs from the Item ordered or if it is delivered damaged due to an act attributable to the Seller.

11.4 - Exchange 

If your order does not suit you and you wish to change it, simply return the entire order or the unwanted part of the order.

As Initial S remains a small brand, we cannot cover the cost of returns and reshipping.

We will ship 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 any commercial guarantees. The documents, descriptions and information relating to the Articles appearing on the Site are not covered by any guarantee, express or implied, except for guarantees provided by law.

Initial Sun shall not be held liable for any breach of its contractual obligations resulting from an act of God or force majeure. Furthermore, Initial Sun shall not be held liable for any inconvenience or damage inherent in the use of the Internet (service interruption, out-of-date stock shortages, computer viruses, etc.). The Customer acknowledges that they assume all risks associated with any content downloaded or otherwise obtained through the use of the Site.

Initial Sun 's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the Product. Initial Sun shall not be liable under any circumstances for the following losses, regardless of their origin:

- loss of income or sales

- operating loss

- loss of profits or contracts

- loss of expected savings

- data loss

- loss of working or management time

- damage to image

- loss of opportunity, and in particular of ordering a Product,

- moral prejudice.

The Products sold by Initial Sun are subject to the legal guarantee conditions provided for by Articles L. 211-4 to L. 211-13 of the Consumer Code as well as by Articles 1641 to 1648 of the Civil Code [A1] , to the exclusion of all other guarantees:

12.1 - Legal guarantee of conformity

Initial Sun will deliver to you a Product that complies with the contract and is free from defects of conformity upon delivery of said Product, in the sense that the Product will be suitable for the use normally expected of a similar good and that it will have the characteristics presented at the time of sale. Initial Sun is also liable for defects of conformity resulting from the packaging.

Initial Sun may replace the non-compliant Product. If replacement is not possible within one (1) month following the complaint or, if you request it with due justification, you may request a refund of the price of the Product.

This warranty will only apply if you request it within two years of delivery of the goods. Any defects in conformity that appear within twenty-four (24) months of Delivery are presumed to have existed at the time of Delivery, unless proven otherwise.

12.2 - Legal guarantee of hidden defects

Initial Sun undertakes to provide you with a Product free from hidden defects that would make it unfit for the use for which it is intended, or that would so reduce this use that you would not have purchased it, or would have paid a lower price for it, if you had been aware of them. This guarantee will only apply if you make the request 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 receiving a refund of the price and costs incurred by the sale, or keeping the Product and receiving a refund of part of the price, or requesting an exchange subject to the availability of the Product. In all cases, it will be your responsibility to prove that you meet the conditions of the warranty.

In the event of a lack of conformity or hidden defects, you must return the Products to the following address:

12.3 - Force majeure

In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions of Sale, Initial Sun shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing 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 force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Initial Sun or the Customer without compensation from either party. Failure to pay by the Customer cannot be justified by a case of force majeure.

12.4 Limitation of Liability

Under no circumstances shall Initial Sun be held liable for any damage which does not result from a failure by Initial Sun to fulfill one of its obligations.

Initial Sun cannot be held liable for any damage suffered by a third party resulting from the use of one of our products.

Initial Sun cannot be held liable for any damage resulting from your misuse of one of our products.

Initial Sun is not liable for any damages resulting from incorrect information on its websites.

13 - USER-GENERATED CONTENT

Any content added to the site www.initialsparis.com by users of the site (opinions, ideas, comments, votes, articles, photographs, films, drawings, creations in particular) and made public on the site becomes the property of Initial Sun.

Initial Sun reserves the right to use it, to publish or not the content added by users and in any way whatsoever.

General Conditions of Use 

www.initialsparis.com (the “ Site ”) is published by Initial Sun, a simplified joint-stock company with capital of €10,000, whose registered office is located at 42 boulevard du Temple 75011 Paris, registered with the Paris Trade and Companies Register under 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 Conditions of Use (hereinafter the “General Conditions of Use”). By using the website www.initialsparis.com , you acknowledge having read, understood and accepted without reservation these General Conditions of Use. Similarly, by using the Site you acknowledge the confidentiality clauses of the Site (see “Security and Confidentiality”).

Initial Sun may modify and update these Terms of Use at any time. The Terms of Use in effect at the time you use the Site are the ones that are binding on you.

We advise you to keep yourself regularly informed of the current conditions. You can consult the current version of the General Conditions of Use at any time by clicking on the link here .

1 - Personal data and cookies

All information in your Account is only used in the context of 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 witnesses) which the user is informed of when arriving on the website which allow information relating to the navigation of the computer on the website to be recorded. These cookies are only installed after acceptance by the user, the continuation of navigation on the website being deemed acceptance. The user can oppose the use of these cookies by configuring his browser, knowing that access to certain services may require prior acceptance by the user of cookies.

2 - Intellectual property

All elements (drawings, models, illustrations, images, soundtracks, texts, logos, brands, etc.) constituting the Site are the exclusive property of Initial Sun. Except for the exceptions expressly provided for in the General Conditions of Use, you are prohibited from reproducing in whole or in part, by any process whatsoever, distributing, publishing, transmitting, modifying or selling all or part of the content of the Site, or creating derivative works from it 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 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, and non-commercial use, provided that any copy of these web pages retains all copyright and proprietary notices contained therein.

3 - Links

Initial Sun is not responsible for the use or content of the websites to which it provides links.

Initial Sun is not responsible for the use or contents of websites that provide a link to the Initial Sun website.

4 - User-generated content

Any content added to the site www.initialsparis.com by users of the site (opinions, ideas, comments, votes, articles, photographs, films, drawings, creations in particular) and made public on the site becomes the property of Initial Sun.

Initial Sun reserves the right to use it, to publish or not the content added by users and in any way whatsoever.

5 - Limitation of liability

Initial Sun shall not be liable to you or any third party for any indirect, incidental, special, or consequential damages, including, but not limited to, loss of 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 - Absence of warranty

Initial Sun cannot guarantee or affirm:

- that the Site is free from 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, Initial Sun does not guarantee the correction of these defects. The Site and its content are presented "as is" and "as available". Initial Sun expressly excludes all forms of guarantee, and in particular, any implied guarantee relating to the usual conditions of use of the Site or the suitability of the site for normal use or specific use, its quality or compliance with any legal provisions. This limitation of liability applies to the fullest extent permitted by law.

 7 - Applicable law - Disputes

These General Conditions of Use are governed by and interpreted in accordance with French law in accordance with EC Regulation 593/2008 of June 17, 2008. These General Conditions of Use are written in French.

In the event of a dispute relating to the use of the Site, you have the option of resorting 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 bring the matter before either the court of the place where you are domiciled or the French courts,

- Initial Sun may bring proceedings before the court of the place where you are domiciled.

Initial Sun reserves the right to seek and obtain injunctions or orders in defense of its rights hereunder.

In the event of any discrepancies between the French version and the English version of the General Conditions of Use, the French version shall prevail.