Terms of Sales
ARTICLE 1: PURPOSE AND GENERAL INFORMATION
The General Conditions of Sale (hereinafter the “CGV”) govern the conditions of sale of DRAPEUR products (“the company”, “we”), on sale on www.drapeur.com (hereinafter the “Site” ), published by the company DRAPEUR, a simplified joint stock company with capital of 10,000 euros, whose head office is located at 45 avenue du Président JF Kennedy, 64200, BIARRITZ registered in the Bayonne Trade and Companies Register under number 800 344 814 – RCS BAYONNE, and represented by Mr. Alexis NIORD, as President.
Any natural or legal person, non-commercial, wishing to purchase a Product is called “The Customer” or “Buyer”. The person wishing to purchase on the Site declares to have full legal capacity. These General Terms and Conditions are only available in French, this version being the only valid one. The Customer has the option of saving and printing them.
The products sold by DRAPEUR are new designer clothing, second-hand vintage clothing, and accessories.
We reserve the right to modify certain elements of these general conditions during the year, without notice. Therefore, please consult these General Terms and Conditions regularly to keep up to date with any changes. However, these new General Conditions will not apply to transactions in progress at the time of their entry into force.
Any disputes concerning the provisions of the T&Cs must be based on the version of the T&Cs in force on the date the dispute begins. Any disputes which may arise regarding the execution and interpretation of these general conditions must be brought before the courts of Paris which will have sole jurisdiction.
ARTICLE 2: ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The General Conditions of Sale aim to define the rights and obligations of the Buyer and the Seller, DRAPEUR, but also the different stages of the ordering process through the Site.
DRAPEUR informs you that it is not possible to purchase a property without accepting the conditions provided below. Acceptance of the general conditions of sale is carried out tacitly by validation of the order by the customer. By making the payment, the user indicates that he accepts these general conditions without reservation.
The products offered for sale by DRAPEUR are those which appear on the site www.drapeur.com under the name of Seller DRAPEUR. The products offered for sale by the Site comply with current French legislation and the standards applicable in France.
ARTICLE 3: CONCLUSION OF THE ONLINE CONTRACT
The site is freely accessible without registration, but any order requires the registration of the purchaser. The following are required: title, first name, last name, email, password, telephone number and delivery address.
In accordance with the directives of the Directorate of Legal and Administrative Information and the Directorate General for Competition and Consumer Affairs and Fraud Prevention, we follow the steps for concluding an online contract. All data accessible to customers and the ordering process is available in French.
3.1 Order entry
The Customer follows a series of steps specific to each product offered by the seller to be able to complete his 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 the elements of the order and, the if necessary, correction of errors ➢ Follow-up of payment instructions, and payment of products. ➢ Delivery of products.
Under article 1127-2 of the Civil Code, the validation of the electronic contract is carried out according to the "double-click" principle by which the Customer can initially check the details of his order and its total price in order to to be able to correct any errors and then confirm your order to express your acceptance.
3.2 Order confirmation
The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt confirming that it has been taken into account.
3.3 Archiving of the contract after the order
The Customer 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, 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: PRICE AND MEANS OF PAYMENT
Prices are indicated in euros (€) and precisely determined on the product pages, all taxes included, excluding specific shipping costs. DRAPEUR reserves the right to modify product and delivery prices at any time in the future.
Payment data is not retained by DRAPEUR or by the organization responsible for the financial transaction. Collection of the price is immediate.
The information you provide to us when you order and pay by credit card is subject to automated data processing by our partners Shopify payments and Paypal. The purpose of this automated data processing is to define a level of analysis of transactions and to fight against bank card fraud, theft and misuse of your identity.
Shopify payments, Paypal and DRAPEUR are the only recipients of data relating to your order. Your card number is never transmitted or used as is but benefits from a secure encoding and encryption system. The highest security standards are applied to data storage and all comply with the Payment Card Industry Data Security Standard (PCI DSS). You can object to the communication of your data, knowing that non-transmission of this data prevents the completion and analysis of your transaction and will lead us to suggest another method of reservation.
In order to combat credit card fraud, a visual verification of payment methods can be carried out by DRAPEUR customer service before shipping the products.
In the event of an error or inability to debit the card, the sale is immediately automatically canceled and the order cancelled.
ARTICLE 5: GEOGRAPHICAL AREA
The products and services are offered for mainland France, Europe, and the rest of the world.
ARTICLE 6: PRODUCTS AND SERVICES
6.1 Availability of services
The essential characteristics of the goods and their respective prices are made available to the buyer on the company's website. The customer certifies having received details of the delivery costs as well as the payment and delivery terms.
6.2 Product availability
We undertake to honor the Customer's order within the limits of available Product stocks only. If, exceptionally, the item ordered is no longer available, the buyer can either benefit from a credit or be reimbursed without delay and at the latest within thirty days of payment of the sums he has paid.
6.3 Product conformity
The items sold by DRAPEUR are guaranteed new in accordance with the law in force and have not, under any circumstances, been the subject of prior use.
The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
In accordance with legal provisions regarding conformity and hidden defects, the Seller reimburses products that are defective or do not correspond to the order. Reimbursement can be requested in the following way: contact our service at contact@draper.com, who will be able to send you a prepaid return slip. Upon receipt, we will issue a refund. If the product is returned without using the return slip, the shipping costs will remain the responsibility of the customer.
6.4 Ownership clause
The products remain the property of DRAPEUR until full payment of the price.
ARTICLE 7: PRICES AND DELIVERY TIMES
Products purchased on the site are delivered to mainland France, Europe, and the rest of the world.
The products will be delivered to the address indicated by the Customer on the site when placing their order, according to the delivery method chosen on the site. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. To this deadline, 1 to 2 days must be added for the preparation of the order.
DRAPEUR cannot be held responsible for the consequences due to a delay in delivery or an impossibility of delivery to the address provided by the customer. In all cases, if the package is returned to the sender, a second delivery will be made at the Customer's expense.
If the package is returned to the sender again, it will no longer be returned to the customer and the amount corresponding to this order, including any additional delivery costs, will remain with DRAPEUR.
We remind you that when the customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the customer's responsibility to notify the carrier, in his presence, of any reservations about the delivered product.
ZONE 1:
For home deliveries in mainland France, Belgium, Andorra and Monaco, the home delivery costs are €8. For deliveries to relay points, the costs are €5.
Delivery costs are free for any order worth more than €100, valid only for delivery to a relay point via our partners Mondial Relay and Shop2Shop.
ZONE 2:
For home deliveries in Europe the home delivery costs are €20.
They are free for any order worth more than €200.
ZONE 3:
For international deliveries outside Europe, the home delivery costs are €30.
The customer is fully responsible for paying any import duties and taxes. DRAPEUR has no control over these fees and cannot predict their amount.
ARTICLE 8: RETURNS
Returns must be requested by email to contact@drapeur.com, within fourteen (14) days of receipt of the order. Returns from mainland France are handled by DRAPEUR within this time frame. The return request must be made within fourteen (14) days of receipt of the order, once this request has been made, a prepaid return voucher will be provided to you. Upon receipt of this return slip, the Customer will have seven (7) days to return the product for which the return was requested. After this period, you will no longer be able to return the item to us.
The right of return is only granted to you on the condition that you have tried on the goods only to check the size, as you would do in a store. The returned item must be intact, unworn, in perfect resalable condition, in its original packaging and with any accompanying accessories. Any item damaged or whose original packaging is damaged will not be refunded or exchanged.
It is only after verifying that these conditions are satisfied that we will proceed with an exchange or reimbursement of the sums collected for the returned items only for new designer items. Second-hand items in the vintage category will not be refunded. In the event of returning a vintage product, the customer will benefit from a credit of the same amount as their initial purchase valid on the site www.drapeur.com for a period of 1 year.
We do everything possible to ensure that you are refunded within 30 days of receiving the returned item. Initial shipping costs are refunded if the entire order is returned.
If the conditions mentioned above are not respected, no refund will be payable, the customer will remain the owner of the product, which he can collect from the DRAPEUR headquarters within a maximum of one month.
Exchanges can be made for another size of the same product, provided that the returned item is intact, unworn and in its original packaging. Exchanges are free from France (Mainland). Outside this area, they are the responsibility of the customer.
ARTICLE 9: WITHDRAWAL PERIOD
In accordance with article L. 221-18 of the Consumer Code, the consumer has a period of fourteen (14) clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, exception, where applicable, of return costs (see article 8).
The right of withdrawal can be exercised directly by contacting DRAPEUR by email at contact@drapeur.com.
As for a product return (see article 8), the products must be in good condition and put back in their original packaging, to which is added packaging covering the entire product; they must not bear any trace of use, be accompanied by their accessories otherwise, no refund can be due, the customer will remain the owner of the product, which he can collect at the DRAPEUR headquarters within one month maximum.
ARTICLE 10: COMPLAINTS
If applicable, the Buyer may submit any complaint by contacting the company using the following contact details: contact@drapeur.com
ARTICLE 11: INTELLECTUAL PROPERTY RIGHT
The brands, domain names, products, software, images, videos, texts, content of the Website www.drapeur.com, or more generally any information subject to intellectual property rights are and remain the exclusive property of DRAPEUR and are protected by French and international laws relating to intellectual property. No transfer of intellectual property rights is made through these General Terms and Conditions. Any reproduction, representation, use, distribution, publication, total or partial modification of the content of the Site or any other aforementioned medium is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 12: FORCE MAJEURE
The Seller cannot be held responsible if the non-performance or delay in the performance of one of its obligations results from a case of force majeure within the meaning of article 1218 of the Civil Code or from a fortuitous event.
In particular, force majeure events constitute, without this list being exhaustive,: natural disasters, acts of public authority, embargoes, internal or national strikes, exceptional climatic conditions preventing delivery, insurrections, riots, etc.
The suspension of the Seller's obligations during this period cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties.
ARTICLE 13: CUSTOMER SERVICE
We will respond as best we can and as soon as possible to all your questions relating to these General Terms and Conditions or our services by e-mail: contact@drapeur.com