Conditions générales de vente

GENERAL TERMS AND CONDITIONS OF ONLINE SALE

These General Terms and Conditions of Sale are current as of 25/04/2022

Article 1. Definitions

These General Terms and Conditions of Sale (hereinafter « GTC« ) are offered by Dhury SAS (hereinafter « the Company »), a SAS with a capital of 1000 euros, registered in the Paris Trade and Companies Register under number 912542214, represented by Charlotte Chowdhury, and whose registered office is located at 12 rue Poulet, 75018 Paris, France.

Its email address is contact@rescha-paris.com.

The Company is the owner and publisher of the website www.rescha-paris.com (hereinafter « the Site »). The Site is hosted by Hostinger International Ltd. domiciled at 61 Lordou Vironos, 6023 Larnaca, Cyprus.

The Site offers the Customer (hereinafter « the Customer ») the opportunity to discover the Rescha ready-to-wear brand and to purchase items (hereinafter « Products »). 

Before using the Site, the Customer must ensure that he/she has the technical and computer resources to use the Site and to order or pre-order the Products on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.

Article 2. Application and enforceability of the GTCs

The purpose of these GTC is to define all the conditions under which the Company markets the Products as offered for sale on the Site to Clients. They therefore apply to all Orders (hereinafter « Orders« ) and Pre-orders (hereinafter « Pre-orders« ) of Products placed on the Site by the Client.

Part of our site operates on a Pre-Order system. By placing a Pre-Order, the customer acknowledges that if the Pre-Order target is not reached by the end of the Pre-Order deadline, the customer will be refunded the full amount of the purchase, and production of the pre-ordered item will not be started.

The Customer declares that he/she has read and accepted these GTC before placing his/her Order or Pre-order.

The validation of the Order or Pre-order therefore implies acceptance of these GTC. These terms and conditions are regularly updated. The applicable terms and conditions are those in force on the Site on the date the Order or Pre-order is placed.

Any condition to the contrary imposed by the Client shall therefore, in the absence of express acceptance, be unenforceable against the Company, regardless of when it may have been brought to its attention.

The fact that the Company does not take advantage of any provision of these GTC at a given time shall not be interpreted as a waiver of the right to take advantage of any provision of these GTC at a later date.

Article 3. Ordering or Pre-ordering Products on the site

The Company reserves the right to correct the content of the Site at any time.

The Products offered for sale are described and presented as accurately as possible. Nevertheless, a slight variation in the colour of the Product(s) does not engage the responsibility of the Company and does not affect the validity of the sale. 

The Customer selects the Product(s) he/she wishes to purchase, and can access the summary of his/her Order or Pre-order at any time.

The summary of the Order or Pre-order lists the Product(s) selected by the Customer and includes any additional costs, such as delivery charges, which are added to the price of the Product(s) in the Order or Pre-order. The Customer may modify his/her Order or Pre-order and correct any errors before accepting his/her Order or Pre-order.

After accessing the summary of their Order or Pre-order, Customers shall confirm acceptance of their Order or Pre-order by clicking on the Order or Pre-order validation icon. The words « Order with payment obligation » or a similar unambiguous wording shall appear next to the Order or Pre-order validation icon to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order or Pre-order.

Once the Order or Pre-order has been validated and payment is required, the contract is validly concluded between the Company and the Client and is irrevocably binding on them.

Once the Order or Pre-order has been validated and in order to proceed with payment, the Customer enters the details of the address where he/she wishes to receive the Products, and the billing address if different. The delivery process is described in article 5 of these GTC. 

The Company shall then send the Customer an Order or Pre-order confirmation by e-mail, containing the details of the summary of the Order or Pre-order and the delivery and, where applicable, billing addresses entered.

Once the Customer has validated their delivery details and, where applicable, their invoicing details, they shall proceed to pay for their Order or Pre-order in accordance with the terms and conditions set out below.

The Company endeavours to ensure optimal availability of its Products. Offers of Products are subject to availability of stock or to the condition that the purchase volumes of a specific product are sufficient to cover the minimum production quantities of the Company’s partner factories.

In the case of a Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the Civil Code.

If, despite the Company’s best efforts, a Product proves to be unavailable after the Client has placed an Order or Pre-order, the Company will inform the Client of this by email as soon as possible and the Client will be reimbursed for the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.

Article 4. Prices and terms of payment for the Order or Pre-order

The prices are mentioned on the Site in the descriptions of the Products, in euros including all taxes.

The total amount is indicated in the summary of the Order or Pre-order, before the Customer validates his/her Order or Pre-order, enters and validates his/her delivery and, if applicable, billing details and proceeds to payment. This total amount is indicated including all taxes. Prices do not include delivery charges, which are invoiced in addition and indicated before the Order or Pre-order is validated.

The Order or Pre-order of Products on the Site is payable in euros. Payment must be made in full by the Client on the day of the Order or Pre-order, by credit card, unless the Client and the Company expressly agree to special conditions of sale. 

In the event of payment by credit card, the Site uses the Stripe security system, a service provider specialising in the security of online payments. This system guarantees the Customer total confidentiality of his bank details. The bank card transaction between the Customer and the secure system is therefore fully encrypted and protected. The Client’s bank details are not stored electronically by the Company.

The Client guarantees the Company that he/she has the necessary authorisations to use the payment method when placing the Order or Pre-order.

The Company reserves the right to suspend or cancel any execution and/or delivery of an Order or Pre-order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Client to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the website and the payment of an Order or Pre-order.

Article 5. Use of services/delivery

The product(s) offered on the Site can be delivered to any location.

The Operator undertakes to dispatch the Products in accordance with the deadlines announced on each Product sheet, provided that payment for the Order or Pre-order has not been previously refused.

However, if one or more Products cannot be delivered within the initially announced timeframe, the Operator will send an email indicating the new delivery date to the Customer 

The Customer shall be informed by email, when his/her Order or Pre-order is ready, of its shipment. The product(s) ordered shall be delivered to the delivery address indicated by the Customer at the time of the Order or Pre-order in accordance with the conditions set out in article 3 of these GTC.

The Client must ensure that the information communicated is correct and remains so until delivery of the product(s) ordered is complete. The Client therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order or Pre-order and delivery, by sending an email to the customer service email address without delay. Failing this, in the event of a delay and/or error in delivery, the Client may not, under any circumstances, hold the Company liable for a failure to deliver, and the Company’s customer service department will contact the Client for a second delivery at the Client’s expense.

The Company shall also not be liable if the non-receipt of the Products is due to a third party outside its intervention or in case of theft.  

If the Order or Pre-order is returned due to the Client’s absence, the Company’s customer service will contact the Client for a second delivery at the Client’s expense.

The Customer may track the delivery of his/her Order or Pre-order by contacting the customer service with details indicated in article 6.2 of these GTC.  

Article 6. Customer service

For any request for information, clarification or complaint, the Client must contact, as a matter of priority, the Company’s customer service department, in order to allow the latter to attempt to find a solution to the problem.

The Company’s customer service can be reached from 10am to 7pm Monday to Friday using the following contact details:

• Email: contact@rescha-paris.com

Article 7. LEGAL AND COMMERCIAL GUARANTEES

All products offered by the Company are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee of hidden defects provided by articles 1641 to 1648, first paragraph, of the Civil Code:

The non-conforming product will be replaced or repaired in accordance with the costs stipulated in the Consumer Code.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

Thus the Client :

(i) has a period of two (2) years from the delivery of the Product to bring an action for lack of conformity of the Product

(ii) is exempted from proving the existence of the lack of conformity of the goods during the ten (6) months following the delivery of the product,

(iii) may choose between repairing or replacing the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.

In addition, the Customer may also invoke the legal guarantee for hidden defects in the item sold, as defined in Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within a period of two years from the discovery of the defect, to be reimbursed for a Product that has proved to be unfit for its purpose.

The warranty for hidden defects allows the Customer to be protected against hidden defects in the purchased product which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: to keep the product and ask for a reduction of the price, or to return the product and ask for a refund of the price paid, in accordance with Article 1644 of the Civil Code.

The following legal provisions are recalled:

Art. L217-4 of the Consumer Code:  »The seller delivers goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. »
 
Art. L217-5 of the Consumer Code:  »The goods conform to the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;(b) if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2. Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter.  »

Art. L217-7 of the Consumer Code:  »Conformity defects that appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.  »

Art. L217-8 of the Consumer Code:  »The buyer is entitled to demand the conformity of the goods with the contract. However, he may not contest the conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies where the defect originates in materials supplied by the buyer.  »

Art. L217-9 of the Consumer Code:  »In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.  »

Art. L217-10 of the Consumer Code:  »If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within a period of one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. The resolution of the sale may not however be pronounced if the lack of conformity is minor.  »

Art. L217-11 of the Consumer Code:  »The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not prevent the award of damages.  »

Art. L217-12 of the Consumer Code:  »The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.  »

Art. L217-13 of the Consumer Code:  »The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognised by the law.  »

Art. 1641 of the Civil Code:  »The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known of them.  »

Art.1642 of the Civil Code:  »The seller is not liable for apparent defects of which the buyer has been able to convince himself.  »

Art. 1643 of the Civil Code:  »He is bound by hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee ».

Art. 1644 of the Civil Code:  »In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.  »

Art. 1646 of the Civil Code:  »If the seller was unaware of the defects of the thing, he shall only be bound to refund the price and reimburse the purchaser for the costs incurred by the sale.  »

Art. 1648 of the Civil Code:  »The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. (…)  »

If a Customer considers that he/she has received a product which he/she considers to be defective or non-conforming, he/she should contact the Company as soon as possible after receipt of the Order or Pre-order, at the following e-mail address: contact@rescha-paris.com, specifying the defect or non-conformity in question.

It shall be the Client’s responsibility to provide any justification for the designation of apparent defects and/or anomalies observed. The Client must allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. It shall refrain from intervening itself 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 Client instructions on how to proceed after having taken note of the complaint thus made and, if necessary, will replace the product whose lack of conformity or defectiveness the Company has been led to note.

In the event that it is not possible to exchange the product, the Company shall be obliged to reimburse the Client within fourteen days of receiving the product. The refund will be made at the Company’s proposal by crediting the Client’s bank account.  

Article 8. Obligations of the customer

The Customer undertakes to comply with the terms of these GTC.

The Client undertakes to use the Site in accordance with the Company’s instructions.

The Customer agrees that he/she will only use the Site for his/her own personal use in accordance with these GTC. In this respect, the Customer agrees to refrain from :

• Use the Site in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions;
• Sell, copy, reproduce, rent, lease, loan, distribute, transfer or sublicense all or part of the contents of the Site or decompile, reverse engineer, disassemble, modify, display in human-readable form, attempt to discover any source code or use any software that enables or comprises all or part of the Site;
• Attempting to gain unauthorised access to the Site’s computer system or engaging in any activity that disrupts, diminishes the quality of, or interferes with the performance or deteriorates the functionality of the Site;
• Misuse of the Site by deliberately introducing viruses or other malicious programs and attempting to gain unauthorised access to the Site;
• Infringe the Company’s intellectual property rights and/or resell or attempt to resell the products to third parties;
• To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.

If, for any reason, the Company considers that the Client is in breach of these T&Cs, the Company may at any time, and at its sole discretion, terminate the Client’s access to the Site and take any action including civil and criminal legal action against the Client.

Article 9. Right of withdrawal

The Company do not accept returns or refunds.

Article 10. Responsibility

The Company shall take all appropriate measures to ensure that the Client is supplied with quality product(s) under optimum conditions. However, the Company shall not be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Company’s liability were to be incurred, it could not under any circumstances agree to compensate the Client for indirect damage or damage whose existence and/or quantum would not be established by evidence.

The Company shall not be liable for any damage caused by misuse of any of its products or by failure to observe the precautions for use and conditions of hygiene, storage and safety when using any of its Products/Services.

The Site may contain links to other sites not edited or controlled by the Company, which shall not be held responsible for the operation, content or any element present or obtained through these sites.

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 an express or tacit endorsement by the Company of these sites and elements or of their content.

The Company is not responsible for the availability of such websites and cannot control the content of such websites nor validate the advertising, product(s) and other information provided on such websites.

It is expressly stipulated that the Company shall in no way be held responsible, in any way whatsoever, if the Clients’ computer equipment or electronic mailbox rejects, for example due to anti-spam software, the electronic mail sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary of the Order or Pre-order or the shipment tracking electronic mail.

The Client is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.

Article 11. Security

The Client undertakes not to undermine the security of the Site. To this end, it undertakes not to carry out any fraudulent access and/or maintenance in the Company’s information system. The Client may not damage or hinder the Company’s information system. Should the Client fail to do so, the Company may take any measure against it and, in particular, incur criminal liability under Articles 323-1 et seq. of the French Penal Code.

Article 12. Intellectual property and personal data

All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.

The name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the Company.

No title or right in any material or software shall be obtained by downloading or copying material from this Site. The Customer may not reproduce (other than for its own personal, non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to, modify or otherwise work with this Site and the materials and software contained therein, nor sell or participate in any sale in connection with this Site, the materials on this Site or any software related thereto.

The Company grants the Client a non-exclusive licence to use the Site. This licence is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The licence is granted for the duration of the use of the Site.

Any use by the Client of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited unless the Company has given its express prior consent.

The Company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The Company undertakes, in accordance with the GDPR regulations, to respect your privacy and to protect your personal data, i.e. data that may identify you directly or indirectly as a person.

In the context of the Order or Pre-order, the Company is required to collect personal data from the Client. The Company is committed to protecting the personal data of its customers.

The files containing personal data necessary for the order are stored on the servers of the Site’s host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). The Company does not communicate or trade in the personal data of customers.

At the stage of the Order or Pre-order on the Site, the Customer expressly consents to the collection and processing of his/her personal data necessary to complete the Orders or Pre-orders.

The purpose of the personal data collected by the Company is to enable the Order or Pre-order to be carried out. The various personal data shall not be kept longer than necessary for the purposes for which they were collected, including compliance with legal or fiscal obligations.

In accordance with the provisions of Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004, known as the « Informatique et Libertés » law, and the General Data Protection Regulation (GDPR), subject to proof of identity, all Customers, whatever their nationality, have the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of his or her data and has the right to data portability as well as the right to object to the processing of his or her personal data.

For the purposes of applying this clause and, in particular, to ensure the confidentiality of Customer data, the Company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: contact@rescha-paris.com

In any case, any Customer has the right to make any complaint to the CNIL.

Article 13. Newsletter

By ticking the box provided for this purpose or by expressly agreeing to this, the Client accepts that the Company may send him/her, at a frequency and in a form determined by the Company, a newsletter which may contain information relating to its activity.

When the Client ticks the box provided for this purpose in the registration process on the Site to place the Order or Pre-order, he/she agrees to receive commercial offers from the Company for Products similar to those ordered or pre-ordered.

Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.

Article 14. Do not call list

The Customer has the possibility of registering free of charge on a BLOCTEL (www.bloctel.gouv.fr) telephone opposition list in order to no longer be canvassed by telephone by a professional with whom they have no current contractual relationship, in accordance with the law n°2014-344 of 17 March 2014 relating to consumption.

Any consumer can subscribe to this list free of charge at https://conso.bloctel.fr/index.php/inscription.php.

Article 15. Applicable law and jurisdiction

These GTC shall be governed by and construed in accordance with French law, without regard to the principles of conflict of laws.

In the event of a dispute arising from the interpretation and/or performance of these GTCs or in relation to these GTCs, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.

You can either contact a consumer ombudsman from the list on the consumer mediation website (click here) or fill in the automated complaint form to contact a dispute resolution body (click here).

Finally, it is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts

The Customer may also visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all the approved dispute settlement bodies in France: https://webgate.ec.europa.eu/odr/.

If this mediation procedure fails or if the Customer wishes to bring a case before a court, the rules of the Code of Civil Procedure will apply.