G.C.S. / General Conditions of Sale
VERSION IN EFFECT AS OF OCTOBER 1, 2018
Between the company called KEES VAN BEERS whose registered office is located at 8 rue Pasquier 75008 Paris, a limited liability company with a share capital of € 45,000, registered with the Paris Trade and Companies Register under number 440,531,366 represented by Mr. VAN BEERS, as Manager, duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site or by phone at 0033-6.06.51.66.66 from Tuesday to Friday from 10am to 7pm (French time).
Hereinafter the "Seller"
And the natural person proceeding to the purchase of products of the Seller,
Hereinafter, the "Buyer"
On the other hand,
It was stated and agreed as follows:
The Seller is a master tailor specializing in the manufacture, production and sale of products (costumes, ties, shirts, shoes, sweaters, etc.) for consumers, marketed through its website (http: // www .kees-suits-you.com). The list and the description of the products proposed by the Seller can be consulted on the aforementioned site.
Article 1: object
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of products offered by the Seller.
Article 2: General Provisions
These General Conditions of Sale (G.C.S.) apply to all sales of products made through the Seller's website which are an integral part of the contract between the Buyer and the Seller.
The Seller reserves the right to modify these G.C.S. at any time by publishing a new version on its website. The applicable G.C.S. then are those in force on the date of payment of the order. These General Terms and Conditions are available on the Seller's website at the following address: http://www.kees-suits-you.com
The Seller also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Buyer declares to have read all these G.C.S., and to accept them without restriction or reservation. The Buyer acknowledges that he has received the necessary advice and information to ensure the suitability of the product to his needs. The Buyer declares to be able to contract legally under French law.
Article 3: Price
The prices of the products sold through the website are indicated in Euros excluding taxes and precisely determined on the product description pages.
They are also indicated in euros all taxes included for products shipped in France and / or the European Union (VAT + other taxes) on the order page of products, and excluding specific shipping and delivery charges. This amount is also mentioned on the website.
For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his responsibility (statements, payment to the competent authorities, etc.). The Seller therefore invites the Buyer to inquire about these aspects with the corresponding local authorities. The Seller reserves the right to change prices at any time for the future. The telecommunication costs necessary to access the Seller's websites are the responsibility of the Buyer. If applicable, also the delivery costs.
Article 4: Conclusion of the contract on line
The Buyer must follow a series of steps specific to each product offered by the Seller to fulfill his order. The Buyer declares to be of age and capable of contracting the contract online. The steps described below are systematic:
- Creation of the Buyer account (including the last name, first name, email and password of the Buyer).
- Activation of a Buyer account (by clicking on the activation link sent by email).
- Configuration of the command.
- Taking measurements (if purchasing a customized product, via the interface presented on the customer account of the Buyer and provided for this purpose). The Buyer is responsible for the measures taken.
- Information on the essential characteristics of the product.
- Choice of the product, if any of its options and indication of the essential data of the Buyer (identification, address ...);
- Verification of the elements of the order and, if necessary, correction of the errors.
- Validation of the order (including the Buyer's delivery address and billing address) by acceptance of these G.C.S Terms and Conditions. It is specified in this regard that in case of contradiction between the version written in French and English of the G.C.S, the French version will prevail).
- Follow-up of the instructions and payment of the order (via the secure platform of online payment)
- Delivery of products.
The Buyer will then receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a pdf copy of these Terms and Conditions. For the delivered products, this delivery will be made to the address indicated by the Buyer. For the purpose of successful completion of the order, the Buyer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The order can not be prepared or shipped, until its price has been fully paid.
As the Seller is not the addressee of the bank details communicated on this occasion by the Buyer, it is up to the Buyer to register and print his payment certificate if he wishes to keep the banking data relating to the online payment of his order
Any bank charges for payment remain the responsibility of the Buyer.
Article 5: Products and Services
The essential characteristics of the products and their respective prices are made available to the Buyer on the Seller's website. The Buyer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The Seller agrees to honour the Buyer's order within the limit of stocks of products available only. Otherwise, the Seller informs the Buyer. This contractual information is presented in detail and in French (and / or English). In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or pictures of the products for sale have no contractual value. The period of validity of the products and their prices are specified on the Seller's website. Except under special conditions, the rights granted under the present conditions are granted only to the natural person signing the order (or the person holding the email address provided).
Article 6: Retention of title clause
The products remain the property of the Seller until full payment of the price.
Article 7: Delivery
7.1. The products are delivered to the delivery address that was indicated during the order and according to the time indicated. This time does not take into account the time of preparation of the order.
When the Buyer orders several products at the same time they may have different delivery times. In case of late delivery, the Buyer has the possibility to resolve the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. The Seller proceeds to the refund of the product and expenses "go" under the conditions of Article L 216-3 of the Consumer Code. The Seller provides a telephone point of contact (cost of a local call from a landline) indicated in the order confirmation email to track the order. The Seller recalls that under Article L 216-4 of the Consumer Code, when the Buyer physically takes possession of the products, the risk of loss or damage to the products are transferred to him. It is the responsibility of the Buyer to notify the carrier of any reservations on the delivered product.
7.2. The Seller undertakes the proceeding of the delivery of the product to the address indicated by the Buyer within the following maximum period, from the payment of the entire order:
- Standard products (not customizable): 5 working days (excluding holiday periods) from the payment of the price of the products to which is added the delay related to the transport; all subject to the product being in stock.
- Personalized products: 20 working days (excluding holiday periods) from the payment of the price of the products to which is added the delay related to the transport; all with the proviso that the fabric is available from the manufacturer. Nevertheless, for the ceremonial outfits, it is recommended to place the orders 10 weeks before. The delivery time will then depend on the carrier and the country of destination.
The Seller shall in no case be responsible for a delay in delivery or return of package in case of absence of the Buyer at the time of delivery of the order, error or omission in the address provided by the Buyer. Buyer when ordering, or in case of force majeure within the meaning of jurisprudence.
The expected delivery times for the receipt of the order are given as an indication.
Sale products will not be refunded or exchanged.
Article 8: Availability and presentation
Orders will be processed within the limits of the Seller's stocks and / or fabrics available or subject to inventory and / or fabrics available from Seller’s suppliers. In case of unavailability of an item for a period of more than 5 working days, the Buyer will immediately be notified of the foreseeable delivery times and the order of this article may be canceled on request. The Buyer may then request a credit for the amount of the item or its refund.
Orders will be placed exclusively through the website.
Article 9: Payment
Payment is due immediately upon order.
The Buyer may pay by credit card. Cards issued by banks domiciled outside France must be international credit cards (credit card, Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The transmitted information is encrypted and can not be read during transport over the SSL (Secure Socket Layer) network. Once the payment has been issued by the Buyer, the transaction is immediately debited after verifying the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable which means acceptance of the prices, description, quantity of the products ordered and as well as the clauses of the present.
By providing his bank details at the time of the sale, the Buyer authorizes the Seller to debit his card with the amount relating to the price indicated. The Buyer confirms that he is the legal owner of the debit card and is legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately resolved automatically and the order canceled.
Article 10: Right of withdrawal
10.1. The Seller can not be held responsible for any physical changes occurring at a date subsequent to the measurement taken. The payment is for a firm and final order. For all products made to measure the right of withdrawal can not be applied, in accordance with the provisions of Article L. 221-28 paragraph 3 of the Consumer Code which provides that the withdrawal period of 14 (fourteen) days is excluded for the contracts of goods clearly personalized or made according to the specifications of the consumer, especially for the made-to-measure and non-standard measurement articles. Thus no right of retraction will be granted concerning the articles made-to-measure (specific sizes ...), all the non-standard articles and the articles containing additions and specific modifications (suit, shirts, tailored vest, customized products, etc.).
10.2. With regard to all other standard products marketed through the Site (non-personalized ties, cufflinks, scarves, belts ...), the Buyer has a right of withdrawal that can be exercised within the maximum period fourteen (14) days from receipt of the products concerned (article L 221-18 of the Consumer Code). In accordance with Article L. 221-19 paragraph 3 of the Consumer Code, when this period expires on a Saturday, Sunday or a day off or holiday, it is extended until the next business day.
The Buyer must exercise his right of withdrawal using the standard form available on the site http://www.kees-suits-you.com. It must mention all the following inform
ation needed to process the withdrawal: order number, date of receipt of the order, last name, first name, address and signature of the Buyer.
In the event that the products concerned have already been delivered to him, the Buyer must, concomitantly with the sending of the aforementioned mail, return these to the Seller, in perfect state, and in their packing of origin, the expenses of return remains the responsibility of the Buyer.
Article 11: Guarantees
In accordance with the legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or those that do not correspond to the order. The refund can be requested by the Buyer by writing to the following address: KEES VAN BEERS, 8 rue Pasquier, 75008 PARIS and returning the product in its original packaging; shipping costs are the responsibility of the Buyer.
- that in accordance with Article L. 217-7 of the Consumer Code, the Buyer can assert the legal guarantee of conformity in case of default affecting the property and that it has a period of 2 years from the delivery of the property to act with the Seller (Article L. 217-12 of the Consumer Code)
- he can choose between replacement and repair of the product subject to the conditions provided by the provisions of Articles L. 217-9 and following of the Consumer Code.
- that in accordance with Article L. 217-13 of the Consumer Code, the Buyer may also assert the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the selling price (article 1644 of the Civil Code).
For customized or customized products, the measures being taken and communicated by the Buyer only, the latter is solely responsible for their accuracy.
Custom and customized products are subject to a margin of tolerance for finished measurements in the following proportions:
Half Chest: + 0.70 cm / - 0.70 cm
Half Belt Tower: + 0.70 cm / - 0.70 cm
Half round pool: + 0.70 cm / - 0.70 cm
Sleeve: + 1 cm / - 1 cm
Jacket and / or shirt length: +1 cm / -1 cm
Neck: +0.5 cm / - 0.5 cm
Pant length: + 1cm / -1 cm
Pant bottom: +0.5 cm / - 0.5 cm
For all other measurement points, the tolerance margin will be 1 cm.
All products whose measurements fall within this tolerance are considered to be in conformity, which the Buyer acknowledges and expressly accepts.
The Buyer being responsible for taking measurements, the Buyer will be responsible for any retouching.
Article 12: Claims
In this case, the Buyer may submit any complaint by contacting the Seller using the following contact details: KEES VAN BEERS sarl, 8 rue Pasquier, 75008 PARIS.
Article 13: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is carried out through these G.C.S.. Any total or partial reproduction, modification or use of these products for any reason whatsoever is strictly prohibited.
Article 14: Force majeure
The performance of the Seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The Seller will notify the Buyer of the occurrence of such an event as soon as possible.
Article 15: Nullity and modification of the contract
If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 16: Protection of personal data
In accordance with the Data Protection Act of 6 January 1978, the Buyer has the right to query, access, modify, oppose and rectify personal data concerning him. By adhering to these G.C.S. Terms and Conditions, the Buyer agrees that the Seller collects and uses his data for the purposes of the performance of this contract. By entering his email address on the site, the Buyer agrees to receive emails containing information and promotional offers concerning products offered by the Seller and, if he expressly agrees, its partners. Buyer may unsubscribe at any time. It suffices for him to click on the link present at the end of the emails of the Seller or to contact the controller (KEES VAN BEERS SARL) by registered letter with acknowledgment of receipt.
Article 17: Applicable Law
All the clauses appearing in the present G.C.S. as well as all the operations of purchase and sale which are referred to it, will be subjected to the French right.
Article 18: Mediation
In the event of a complaint that can not be resolved amicably and in accordance with Article L. 612-1 of the Consumer Code, any consumer has the right to have recourse free of charge to a consumer mediator for the purpose of the resolution amicable dispute that is against a professional. For this purpose, the Seller offers to the Purchaser in the context of disputes that have not found an amicable resolution, the mediation of a consumer mediator, whose contact details are as follows: Mediator of ecommerce and the distance selling, http://www.mediateurfevad.fr/
It is reminded that the use of the mediation of consumption is only possible if:
- the Buyer has previously entered the Seller's customer service by a written claim of less than one year;
- the dispute has not been previously examined or is not under consideration by another mediator or court;
- the Buyer is not a professional
In accordance with article R. 612-1 of the Buyer Code, free mediation is understood to mean the costs and fees that may be due to the mediator or his services, it does not extend to legal fees neither the expert's fees requested by the consumer.
Mediation is not mandatory but only proposed to resolve disputes by avoiding recourse to justice.
Article 19: Competent jurisdiction
In case of dispute that can not be resolved amicably between the Buyer and the Seller, nor by mediation, the dispute shall be submitted to the competent courts within the jurisdiction of the registered office of the Seller.
Article 20: "Payment in 3xCB" clause
«The information related to your order paid with the 3xCB remote solution is the subject of an automated data processing whose responsible is FIA-NET SA This automated data processing has for finality the determination of a level of insurance for a transaction and to fight against the fraud with the means of payment and in particular against the fraud with the credit card. FIA-NET S.A. and the merchant from whom you make your purchase are the recipients of the data related to your order. The non-transmission of data related to your order prevents the realization and analysis of your transaction. The occurrence of an unpaid due to the fraudulent use of a credit card or other means of payment will result in the registration of the order data associated with the unpaid within a payment incident file set implemented by FIA-NET SA An irregular declaration or an anomaly may also be the subject of a specific treatment. In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and delete all your personal data registered by FIA-NET by writing, by post and by post. by justifying your identity, to FIA-NET - IT Service and Freedoms - Treatments n ° 773061 and n ° 1080905 - 3/5 Rue Saint Georges, 75009 PARIS. "