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Terms of Sales

Terms of Sales

Between the Company QUEEN CLOSET , registered in the Arras Trade and Companies Register under SIRET number 89506455800011 , whose head office is located at: 38 AV LA FONTAINE 62141 EVIN-MALMAISON duly authorized for the purposes hereof.

The company can be reached by email by clicking on the contact form accessible via the site's home page. Hereinafter the “Seller” or the “Company”.

On the one hand, And the natural or legal person purchasing products or services from the company, Hereinafter, "the Buyer", or "the Customer" On the other hand, It has been explained and agreed what follows :

PREAMBLE

The company sells clothing products exclusively to consumers, marketed through its website https://americanshaper.com/.

The list and description of the goods and services offered by the company can be consulted on the aforementioned site.

Article 1: Purpose and general provisions

These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.

These General Conditions of Sale (CGV) apply to all sales of Products, made through the Company's websites which are an integral part of the Contract between the Buyer and the Seller.

The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website at the following address: https://americanshaper.com//pages/cgv

The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation.

The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 2: Price

The prices of products sold through the websites are indicated in Euros including tax and precisely determined on the Product description pages. They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs.

For all products shipped outside the European Union and/or DOM-TOM, the price is calculated including tax 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 do not fall within the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.).

The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Company's websites are the responsibility of the Customer. If applicable also, delivery costs.

Article 3: Conclusion of the contract online

The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete their order.

However, the steps described below are systematic: Information on the essential characteristics of the Product; Choice of the Product, where applicable its options and indication of the Customer's essential data (identification, address, etc.); Acceptance of these General Conditions of Sale. Verification of order elements and, where applicable, correction of errors. Follow-up of payment instructions and payment of products. Delivery of products.

The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide true identification information.

The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 4: Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract.

The seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are subject to a summary and confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value.

The validity period of the offer of Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified , the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).

In accordance with legal provisions regarding conformity and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested in the following way: Please contact us via the contact form in the contact section at the bottom of the page.

Article 5: Reservation of ownership clause

The products remain the property of the Company until full payment of the price.

Article 6: Delivery terms

The products are delivered to the delivery address which was indicated when ordering and the time indicated. This deadline does not take into account the order preparation time .

The seller provides a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email in order to monitor the order. The Seller points out that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him.

It is up to the Customer to notify the carrier of any reservations about the delivered product.

Article 6-2: Delivery times

Colissimo delivery time: 48 to 72 hours - working days

Mondial Relay delivery time: 4 to 5 working days

Delivery time Mondial Relay domicile Europe 4 to 6 working days

Delinvengo easy Europe delivery time - 2 to 5 working days

Delinvengo easy World - 6 to 12 working days

Colissimo Overseas: 5 to 7 days

Article 7: Availability and presentation

In the event of failure by the professional to fulfill his obligation to deliver the good or provide the service under the conditions provided for in Article L. 216-1, the consumer may: 1° Notify the professional of the suspension of payment of all or part of the price until the professional executes, under the conditions of articles 1219 and 1220 of the Civil Code; 2° Terminate the contract if, after having given notice to the professional to carry out the delivery or provide the service within a reasonable additional period, the latter has not complied within this period. The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has complied in the meantime. II. - The consumer can, however, immediately terminate the contract: 1° When the professional refuses to deliver the good or provide the service or when it is clear that he will not deliver the good or provide the service; 2° When the professional does not fulfill his obligation to deliver the goods or provide the service on the date or at the expiration of the period provided for in Article L. 216-1 and that this date or this period constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract. The provisions of this article are without prejudice to the award of damages.

Article 8: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make payment by payment card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by card

banking is carried out by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network . Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically terminated and the order cancelled.

Article 9: Withdrawal period

In accordance with article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs. “The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services”.

The right of withdrawal can be exercised by contacting the Company as follows: Please contact us via the contact form in the contact section at the bottom of the page . We inform Customers that in accordance with article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for:

- Cosmetic products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection are excluded from the right of withdrawal .

- Personalized products are also excluded from the right of withdrawal.

If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.

Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; If possible, they must be accompanied by a copy of proof of purchase.

In accordance with legal provisions, you will find the standard form by email by contacting our company.

Reimbursement procedure: Please contact us via the contact form located at the bottom of the page, contact section.

Article 10: Guarantees

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in the products.

The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made as follows: Please contact us via the contact form located at the bottom of the page, contact section.

The Seller reminds that the consumer:

The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance. The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them. If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good. The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the goods takes place after a period of thirty days; 3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of substitution ; 4° The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand. The consumer does not have the right to cancel the sale if the lack of conformity is minor. Any period of immobilization of the item for repair or replacement suspends the warranty which remained to run until delivery of the restored item. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 241-5 of the Consumer Code). The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item.

Article 12: Intellectual property rights

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller.

No transfer of intellectual property rights is made through these General Terms and Conditions.

Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

The European Commission offers consumers the possibility of resolving disputes online on one of its platforms. In accordance with article 14 paragraph 1 of the ODR, we are required to inform you of the existence of this platform and its role in the resolution of online disputes. The online dispute resolution platform is accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR .

It is intended to help consumers and professionals resolve disputes relating to online purchases of goods or services without having to go to court. These general conditions of sale (CGV) are subject exclusively to French law.

In the event of a dispute resulting from the interpretation or execution of these General Terms and Conditions, the customer may send a written complaint to the seller's consumer service by registered mail with acknowledgment of receipt to the following address: ADDRESSEMEDIATOR.

In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within two months from the date of receipt of the written complaint, the customer can contact a mediator free of charge. the consumption.

The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution, in accordance with articles L.612-5 et seq. of the Consumer Code. The customer must submit his request to the mediator within a period of less than one year from his written complaint to the seller.

The client remains free to initiate, accept or refuse recourse to mediation. In the event of recourse to mediation, the parties remain free to accept or refuse the solution proposed by the mediator. In the event of failure of mediation, any dispute will be subject to the exclusive jurisdiction of the French courts designated in accordance with French rules of procedure.

Article 13: Force majeure

The execution of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 14: nullity and modification of the contract

If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.

Article 15: Protection of personal data

In accordance with the Data Protection Act of January 6, 1978, you have the rights to question, access, modify, oppose and rectify personal data concerning you. To access this right, please contact us at contact@https://americanshaper.com/. By adhering to these general conditions of sale, you agree

  • what we collect and use this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do this, simply click on the link at the end of our emails or contact the data controller (the Company) by RAR letter. We monitor attendance on all of our sites. To do this, we use tools such as Google Analytic and other statistical tools.
In accordance with article L. 223-2 of the Consumer Code, we inform our customers that when collecting their telephone data, they have the right to register free of charge on the list opposing telephone canvassing. This registration allows you to object to the receipt of any telephone call for commercial prospecting purposes, whether by us or by a third party. We undertake to respect this right and not to contact our customers registered on this list, except in the event of their prior agreement. The Customer has the right to register on the list opposing telephone canvassing on the site http://bloctel.gouv.fr.

Article 16: Applicable law

All clauses appearing in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.

Our general conditions of sale have been developed from the site https://www.donneespersonnelles.fr/