The site www.drapeur.com is published by the simplified joint stock company DRAPEUR SAS with share capital of ten thousand (10,000) euros whose head office is at 45 avenue du Président JF Kennedy, 64200 BIARRITZ, registered in the Trade and Commerce register and of Companies under number 800 344 814 – RCS de BAYONNE, and represented by Alexis NIORD, as President. The intra-community VAT number is FR50800344814.
DRAPEUR is setting up, on the website www.drapeur.com, the sale of selected designer and vintage clothing and accessories.
The purpose of these general conditions of use (hereinafter the “CGU”) is to specify the conditions of use of the site www.drapeur.com
Any User (as this term is defined below) must read these T&Cs which define the rules for use of the site www.drapeur.com
Use of the Site implies full acceptance of the T&Cs.
ARTICLE 1: DEFINITIONS
In these T&Cs, the terms and expressions identified by a capital letter have the meaning indicated below, whether they are used in the singular or plural.
Account: designates the protected personal space created by a User on the Site, allowing them to access the Specific Services;
Content: refers to the information and data, texts, software, music, sounds, photographs, images, videos, messages and all other elements distributed on the Site;
Personal Data: refers to the personal information that a User recorded when creating their Account, and that DRAPEUR collected in the context of the use of the Services;
Intellectual Property Rights: designate the brands, domain names, copyrights, designs and models, patents, rights to databases or any other intellectual property rights of the company DRAPEUR;
Product: refers to any product offered for sale on the Site by a Partner Seller or by DRAPEUR;
Services: designate all services accessible online from the Site, namely Free Access Services as well as Specific Services;
Free Access Services: designate the services accessible to any User of the Site, whether or not they have an Account, listed in article 3.1 hereof;
Specific Services: designate the services accessible exclusively by Users holding an Account, listed in article 3.2 hereof.
Site: all Content and Services offered by DRAPEUR on the website accessible at www.drapeur.com;
User: refers to any Internet user, natural or legal person, having access to the Site;
DRAPEUR: designates the company DRAPEUR, a simplified joint stock company with capital of €10,000, whose head office is located at 45 avenue du Président JF Kennedy 64200 BIARRITZ, registered in the trade and companies register under number 800 344 814 - RCS BAYONNE , represented by Mr. Alexis NIORD, as President.
ARTICLE 2: ACCEPTANCE OF THE CGU
These T&Cs constitute a contract between DRAPEUR and any User. Access to the Site and the Services, as well as their use, are subject to acceptance by the User of these T&Cs.
By accessing the Site and the Services and/or using them, the User will be presumed to have read these T&Cs, to have fully understood them and to fully accept all of their provisions without restriction or reservation.
The T&Cs are available to Users on the Site where they can be directly consulted at any time, and can also be communicated upon simple request.
DRAPEUR reserves the right to modify and update, at any time and without notice, these T&Cs. To be informed of possible modifications, the User must refer before any use of the Site and Services to the latest version of the T&Cs.
In the event that one of the clauses of these T&Cs is void due to a change in legislation or regulation or declared as such by a final court decision, this will in no way affect the validity and compliance with the terms and conditions. other clauses of the T&Cs.
ARTICLE 3: PRESENTATION AND DESCRIPTION OF SERVICES AVAILABLE ON THE SITE
3.1 Role of DRAPOR
DRAPEUR itself sells products that it has selected corresponding to its criteria and values.
3.2 Specific Services
By accessing their Account, the User also has personal, secure and free access to the Specific Services listed below:
Administration of the Account and Personal Data;
Orders for Products;
Space dedicated to order tracking
Exercise of the Right of withdrawal and returns;
As part of the development of its offer, DRAPEUR reserves the possibility of offering new Services.
ARTICLE 4: ACCESS AND USE OF THE SITE
4.1 Creating an Account
Access to the Specific Services as listed in article 3.2 hereof requires the User to create an Account.
The creation of the Account implies that the User has a valid email address. Once on the Site, the User is invited to create an Account by clicking on the corresponding tab, then entering the requested information in the collection form provided for this purpose. In particular, the User's last name, first name(s) and email address are collected at a minimum. The User will also be asked to enter a login ID and password.
When the User logs in after logging out, they will need to enter their username and password to log in to their Account and have access to the Specific Services.
By transmitting his e-mail address to DRAPEUR, the User acknowledges and accepts that DRAPEUR reserves the right to send e-mails to the User in order, in particular, to keep him informed of modifications, changes and/or additions that have occurred. on the Site and the Services. The User may exercise his right to object to the use of his email address at any time.
The User undertakes to provide and maintain information concerning him/her that is accurate, up to date and complete. As such, the User can modify this information at any time in the “My Account” tab.
Once registered, the User will be able to use the Specific Services under the conditions and terms provided for in these T&Cs.
The User may request that their Account be deleted at any time. Any request to delete an Account is final and irreversible. The User who would like to access the Specific Services again will have to repeat the registration procedure and create a new Account.
4.2 Confidentiality, use of the Account and data retention
The elements and data entered on the Account are strictly personal and confidential. The User undertakes to keep his/her identification details (username and password in particular) secret and not to disclose them, for any reason, in any manner or form, to third parties. . If their identification details are lost or stolen, the User must immediately inform DRAPEUR who will then immediately cancel and/or update the Account details.
Under no circumstances can DRAPEUR be responsible for the loss or theft of Account identification details or their fraudulent use. The User is solely responsible for the use of his Account by third parties and for actions or statements made through it, whether fraudulent or not.
In accordance with article L134-2 of the Consumer Code, DRAPEUR ensures the conservation of documents relating to orders placed by the User, who may request their communication at any time. Messages received electronically, and more generally electronic documents exchanged between the User and DRAPEUR, will have the same value as that given to the originals. The Parties will keep electronic documents in such a way that they can constitute faithful and durable copies within the meaning of article 1348 of the civil code. Confirmation of payment for orders by the User on the Site constitutes the User's electronic signature and proof of the order.
4.3 Minimum configuration
Access to the Site and the Services requires that the User have a computer and/or a smartphone, an internet connection and a web browser. All costs relating to access to the Site as well as its use, whether hardware, software or Internet access costs, are exclusively the responsibility of the User. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
4.4 Availability of the Site
The Site is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of DRAPEUR and unless interrupted, suspended or limited in the context of security operations. maintenance and/or updates necessary for the proper functioning of the Site and/or Services or for any other reason, particularly technical.
DRAPEUR is only bound by an obligation of means concerning the accessibility, operation and/or availability of the Site and Services. DRAPEUR reserves the right to interrupt, suspend or limit access to all or part of the Site and Services, in particular due to legal or technical constraints.
The User expressly acknowledges that the aforementioned interruptions, suspensions or limitations may occur at any time, without prior notice, and that they will not give rise to any obligation or compensation for their benefit.
ARTICLE 5: PRODUCT ORDERS
5.1 The Products
The Products offered for sale on the Site are described as precisely as possible by DRAPEUR. Despite the best efforts made to the photographic representation of the Products on the Site, given the digital presentation mode of the Products on a website, it is possible that the User's perception of the photographic representation of the Products does not correspond exactly to the Product itself.
The Products are classified by default according to objective characteristics that can be selected and filtered by the User when browsing the Site, such as the nature of the Product, the type, the brand, the size, the availability, the date of addition, reviews, number of sales, color, price, etc.
5.2 Availability and Stock Status
Product availability is displayed in real time on the page relating to each Product.
However, it may happen that a Product is unavailable despite DRAPEUR's best efforts.
In the event of unavailability of a Product after payment of the order, the User will be informed by email of the cancellation of their order as soon as possible, giving the right to reimbursement of all or part of the order within a maximum period of time. fourteen (14) days from receipt of the email notifying the unavailability of the Product.
Reimbursement will be made based on the payment methods used by the User during their purchase.
5.3 Order conditions
Orders are placed exclusively on the Site. The User also guarantees that he is fully authorized to use the payment card to pay for his order.
To place an order, the User must select one or more Product(s) and place them in their “Basket”. The validation of each order is done by a two-step system:
firstly, the User must finalize the choice of their Products by validating their Basket. At this stage, the User is invited to check the details of their Basket and can further modify its contents.
secondly, the User definitively validates his order, accepts the DRAPEUR T&Cs as well as DRAPEUR's general conditions of sale.
Orders must be paid immediately, no discounts provided. The order will only be final after payment of the order.
Any paid order will result in an email being sent to the User's email address confirming that DRAPEUR has recorded the order and that it has been transmitted to the Partner Seller(s) if applicable.
The prices of the Products are expressed in euros and take into account the VAT in force on the day of the order. Prices may be modified at any time by DRAPEUR, but the Products will be invoiced on the basis of the prices in effect indicated at the time the order is registered.
5.4 The online payment service
Payment for orders is made directly on the Site, via the online payment tool of SHOPIFY PAYMENTS or Paypal service providers, holders of a European electronic money institution license, who collects the price on behalf of DRAPEUR, and thus constitute the sole managers of electronic payment flows, without DRAPEUR having access to the User's banking data during payment.
Payment of the price of orders is made by bank card (Carte Bleue, Visa, Eurocard/Mastercard). If payment is refused by SHOPIFY PAYMENTS or Paypal or the User's banking institution, the order will not be validated.
The Products remain the property of the Partner Sellers or DRAPEUR until full payment of the order price.
The Products are delivered by the seller to the address indicated by the User when placing the order, according to the terms provided for in DRAPEUR's general conditions of sale and on the sheet for each Product on the Site.
The User is responsible for the accuracy of the data he communicates concerning the delivery address as well as personal information (including telephone number) for each delivery.
DRAPEUR cannot be held responsible in the event of an impossibility of delivery of the Products due to imprecision or inaccuracy of the delivery address provided by the User.
Home delivery costs are €8 for France (Mainland), and €5 for delivery to Mondial Relay or Shop2Shop relay points. Delivery costs to relay points are free from 100€ of purchase.
For Europe, home delivery costs are €20, and are free from €200 of purchase.
For international deliveries outside Europe, home delivery costs are €30.
ARTICLE 6: APPLICABLE GENERAL CONDITIONS OF SALE
The applicable general conditions of sale are those defined by DRAPEUR.
The User benefits from a right of withdrawal from DRAPEUR as well as legal guarantees of conformity, defective products and hidden defects, as prescribed by consumer law and specified in the General Terms and Conditions, articles 8 and 9.
If these rights are exercised, the User is invited to inform DRAPEUR so that it can take the necessary measures with regard to other Users and orders that have already been placed.
ARTICLE 7: RIGHT OF WITHDRAWAL, LEGAL GUARANTEES AND RETURNS
In accordance with the provisions of the Consumer Code, the User may exercise his right of withdrawal within fourteen (14) calendar days from the date of receipt of the Product.
The User must return the Product for which he is withdrawing to DRAPEUR, as indicated in article 8 of the General Terms and Conditions.
To exercise their right of withdrawal, or benefit from legal guarantees of conformity, with regard to defective products and hidden defects, as prescribed by French law, the User must contact DRAPEUR directly via its customer area accessible from the “My Account” tab.
ARTICLE 8: GUARANTEES AND RESPONSIBILITIES
The information published on the Site is provided by DRAPEUR for strictly and exclusively informative and indicative purposes. DRAPEUR makes its best efforts to keep the Site and the Services up to date and to disseminate reliable, lawful and validated information. However, despite all the care and attention given to the selection of sources and the writing of content and information, DRAPEUR cannot guarantee the integrity, accuracy, completeness, timeliness or other quality of the information disseminated.
The photographs and illustrations accompanying the products on the Site have no contractual value and therefore cannot engage the liability of DRAPEUR.
The Site and the Services are made available “as is” and subject to their availability, without any guarantee of any kind, implicit or explicit, from DRAPEUR. Without limitation of the foregoing, DRAPEUR in particular does not grant any guarantee of non-violation of the rights of a third party, of suitability for a particular use or of suitability to the needs of the User, the Site and/or the Services, nor does it guarantee that they are free from anomalies, errors or bugs or that they will operate without failure or interruption.
The User is the sole guarantor of the proper use, with discernment and spirit, of the Services made available to him on the Site. DRAPEUR cannot be held responsible for the direct or indirect consequences that may result from the use, consultation and/or interpretation of the Content by the User.
To the fullest extent permitted by applicable law, DRAPEUR expressly excludes its liability for any damage, direct or indirect, resulting from or in connection with access to the Site, and the Services, their use, their malfunction or their unavailability whatever be the nature and duration.
In the event of a breach by the User of these T&Cs, or more generally in the event of a violation of the laws and regulations in force, DRAPEUR reserves the right to suspend and/or block temporarily or permanently, or to terminate automatically, without prior notice, the User's access to the Site and the Services and without prejudice to any recourse that may be open against the User. The User thus acknowledges to DRAPEUR the right to restrict, under the aforementioned conditions, his right of access and/or use to all or part of the Site and Services, or even to delete his Account, if applicable, and this with immediate effect and prohibition of further access to the Site and Services.
Furthermore, the Site may contain hypertext links to third-party websites which are not governed by these T&Cs. DRAPEUR has no control over the content of third-party websites referenced by hypertext links. These websites are published by third-party companies independent of DRAPEUR. DRAPEUR cannot therefore assume any responsibility for the content, advertising, products, services or any other information or data available on or from these sites. Consequently, the User acknowledges being solely responsible for access and use of these sites. DRAPEUR cannot be held responsible for any proven or alleged damage or loss resulting from or in connection with the use or the fact of having trusted the content, goods or services available on these sites.
ARTICLE 9: CONFIDENTIALITY
All information exchanged between DRAPEUR and the User from acceptance of these T&Cs is considered confidential (hereinafter the “Confidential Information”).
DRAPEUR and the User undertake to protect the Confidential Information and not to disclose it to third parties without the prior written authorization of the other party, except communication required by law or by any competent judicial or administrative authority. DRAPEUR and the User undertake to only transmit it to members of their staff who have been informed of the confidential nature of this information.
ARTICLE 10: INTELLECTUAL PROPERTY RIGHTS
The Site, its general structure and its contents, the Services, as well as the Content, are protected by intellectual property rights (including in particular all copyrights, rights to patents, trademarks, designs and models, databases, domain names and any other existing or future intellectual property rights, national and/or international) and are the exclusive property of DRAPEUR. Use of the Site and the Services does not in any way confer on the User any ownership rights or intellectual property rights over the Site, the Services and/or the Content. DRAPEUR does not transfer or grant any rights to the Site, the Services and/or the Content to the User, with the exception of a limited, free and non-exclusive personal right to access and use the Site, Services and/or Content.
It is strictly prohibited to represent, reproduce and/or exploit the Site, the Services and/or the Content, totally or partially, in any form and by any means whatsoever, without the prior written consent of DRAPEUR . The User undertakes not to use the Site, the Services and/or the Content, other than within the limits authorized by these T&Cs.
The User further undertakes not to carry out one or more of the following acts, nor to allow a third party or authorize a third party to carry out one or more of the following acts: (i) copy, modify, assemble, alter, sell, rent, loan, broadcast, distribute or transfer the Site and/or the Services, (ii) disassemble, decompile or reverse engineer the source code of the components of the Site and/or the Services, (iii) extract and /or reuse, in any manner whatsoever and on any medium whatsoever, the Content in the database available on the Site, (iv), without the prior written consent of DRAPEUR.
The DRAPEUR logo present on the Site is a registered trademark and belongs to DRAPEUR. Any representation, reproduction and/or exploitation, total or partial, of this logo, of any nature whatsoever, is totally prohibited.
Violation of the foregoing stipulations would expose the infringer and any person responsible to the criminal and civil sanctions provided for by law, including damages for infringement of intellectual property rights.
All distinctive signs, brands and logos which do not belong to DRAPEUR and which appear on the Site are the property of their respective owners who may or may not be affiliated or linked to DRAPEUR.
ARTICLE 11: PROTECTION OF PERSONAL DATA
DRAPEUR respects fundamental freedoms and in particular the right to respect the privacy of Users.
DRAPEUR collects and processes the following personal data for each User:
name, address, email address, password, IP address;
the number of page views, the number of visits to the Site, as well as activity on the Site and frequency of return;
The User is informed of the mandatory or optional nature of entering data during collection. DRAPEUR does not collect payment information.
The User's data collected by DRAPEUR is subject to computer processing. The data is intended for DRAPEUR in order to allow the latter to:
to offer the User the Services, and in particular the remote purchase and ordering service for Products on the Site and personalized tracking of the order;
to respond to User requests;
to facilitate the User's navigation on the Site;
to set up an information service on the Services offered by DRAPEUR and their evolution
to monitor the use of the Site by the User for statistical purposes in order to improve the Site and the Services.
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the User has a right of access, rectification, erasure and portability of information concerning him or her. The User can exercise this right or obtain information on the use that will be made of this data by sending an email to the address firstname.lastname@example.org
The User can unsubscribe from DRAPEUR newsletters and information emails at any time by clicking on the link present in all emails.
DRAPEUR undertakes to take all useful precautions, taking into account the nature of the data and the risks presented by the processing, to preserve the security of Users' personal data and, in particular, to prevent their personal data from being distorted, damaged, or unauthorized third parties have access to it.
DRAPEUR undertakes in particular not to assign, rent or transfer the User's Personal Data to third parties.
All personal data relating to Users provided or collected through the Site are stored on the server(s) of the host OVH, made available to DRAPEUR. This host acts as a subcontractor of DRAPEUR, within the meaning of the Data Protection Act, only on instructions from DRAPEUR. It does not have the right to use Users' Personal Data, except for the purposes of carrying out technical hosting and database management services and only under the contractual conditions signed between the host and DRAPEUR which cannot deviate from this article.
The data collected, for all purposes combined, is kept three (3) years after the end of any activity.
Finally, the User has the right to lodge an appeal with the supervisory authority.
ARTICLE 12: TERRITORIALITY
The Site and the Services are mainly aimed at Internet users residing in France. Indeed, laws, regulations and practices may be different abroad and require references to different or additional information. It is up to the User located outside France to check and comply with the legislation and regulations in force in their country.
ARTICLE 13: APPLICABLE LAW AND JURISDICTIONAL JURISDICTION
These T&Cs are governed exclusively by French law.
In the event of a dispute concerning a Product, the User will contact, prior to any dispute, the seller concerned in order to find an amicable solution.
Within the limits permitted by law, disputes relating to the execution, termination or interpretation of these T&Cs or their consequences must be brought before the courts of Bayonne having sole jurisdiction, after the failure of an attempt at resolution. amicable settlement of the dispute with DRAPEUR.
ARTICLE 14: DURATION
These T&Cs are concluded from the date of acceptance by the User of said T&Cs and for the entire duration of their membership.
ARTICLE 15: INTUITU PERSONAE
These T&Cs are concluded intuitu personae. The resulting rights and obligations may under no circumstances be assigned or transferred by the User, for any reason whatsoever, without the prior written consent of DRAPEUR.
ARTICLE 16: PARTIAL WAIVER
The failure of either party to avail itself, at a given time, of any of the provisions of these T&Cs cannot be interpreted in the future as a waiver of the rights it holds from the present.
ARTICLE 17: CONTACT
For any information, you can contact DRAPEUR by email at the following address: email@example.com