General Terms & Conditions
Version of 02/13/2023
ARTICLE 1 – PURPOSE AND SCOPE
These general conditions of sale (hereinafter "GTC") apply to all sales made by RISE AND SHINE for the products (hereinafter "Product") offered on the website www.the-oversized- hoodie.com (Hereafter “Site”) to adult consumer customers with the legal capacity to contract (Hereafter “Client”) . They specify in particular the conditions of ordering, payment, delivery and management of any returns of the Products ordered by the Customers. The T&Cs may be supplemented by special conditions mentioned before any transaction with the Customer.
The T&Cs are systematically communicated to any Customer prior to placing an order and shall prevail, where applicable, over any other version or any other contradictory document.
They are accessible at any time on the Site. As the GCS may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the date the order is placed. The Customer must therefore ensure the availability of this document, hence the importance of downloading it for the purposes of documentation, future reference and identical reproduction.
ARTICLE 2 – ACCEPTANCE OF THE T&Cs
Acceptance of the GCS is materialized by a checkbox when validating the order form. The contract concluded with RISE AND SHINE consists solely of the GTC and the special conditions mentioned in the summary of the order (hereinafter "the Contract"). Any contrary condition of the Customer will therefore, in the absence of express acceptance, be unenforceable against RISE AND SHINE, regardless of when it may have been brought to its attention.
ARTICLE 3 - IDENTITY OF THE SELLER - CUSTOMER SERVICE
RISE AND SHINE is a SASU registered with the RCS of PARIS under number 948 126 495 and whose intra-community VAT number is: FR94948126495, having its registered office at 122 rue Amelot - 75011 PARIS (Hereinafter referred to as: "RISE AND SHINE" ).
Unique identifier: 948126495
The RISE AND SHINE sales department can be contacted for any questions or information:
- By e-mail to the following address: contact@the-oversized-hoodie.com
- By telephone: on +33 1 89 71 06 35 from Monday to Friday, from 10 a.m. to 12:30 p.m. and from 2 p.m. to 5 p.m.
ARTICLE 4 – PRODUCTS OFFERED FOR SALE
4.1 – Description of the Products
The Products are textile products whose objectives are to improve the comfort and warmth maintenance of customers both indoors and outdoors. The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations, are presented in the RISE AND SHINE product sheets in a clear, readable and understandable manner.
The Customer is required to read it before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer.
The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times. The Customer is, in particular, invited to check that he is not allergic to any of the components of the Product ordered.
The contractual information is presented in French.
The Customer has the possibility of asking questions about the characteristics of a Product by sending a request by email to the following address: contact@the-oversized-hoodie.com.
4.2 – Product Availability
Product offers are valid as long as they are announced online and within the limits of available stocks. The unavailability of a Product is indicated on the page of the Product concerned.
In case of unavailability of a Product, RISE AND SHINE informs the Customer and can either cancel the order or offer a later delivery date. The Customer will, where applicable, be reimbursed for all sums he has paid for the canceled order at the latest within fourteen days from the date on which these GCS were terminated.
ARTICLE 5 – CREATION OF A PERSONAL ACCOUNT
To place an order on the Site, the Customer must first create a Personal Account (hereinafter “Personal Account”).
5.1 – Creation procedure: To create a Personal Account, the Customer must go to the Site and complete the mandatory fields of the registration form. Each Client can only create one profile for his personal account.
5.2. – Management of identifiers: The identifiers, login and password, allowing access to the Personal Account are chosen by the Customer taking into account the availability taking into account the identifiers already created by other Customers. These identifiers are strictly personal and must be kept secret by the Customer under his responsibility. In the event of loss or theft of his identifiers or any unauthorized use of his Personal Account, it is up to the Customer to follow the procedure on the Site so that new identifiers are created.
5.3 – Activation of the Personal Account: By validating the creation of his Personal Account, the Customer:
- Acknowledges having been able to verify and modify, if necessary, the information contained therein;
- Guarantees to have provided exact, up-to-date and complete information concerning his identity as well as his contact details.
5.4 – Updating the Personal Account: The Customer undertakes to regularly update all of his personal information in his Personal Account in order to preserve their accuracy.
ARTICLE 6 – PRICES
6.1 – Price of the Products: The Products are sold at the prices in effect on the Site at the time the order is placed. In all cases, prices are expressed in euros including VAT. Unless otherwise indicated on the Site or these GCS, the prices do not include any delivery costs which are invoiced in addition. The prices of any eco-contributions are indicated clearly, distinctly and in accordance with the legislation in force in the Product sheets. Eco-contributions are subject to VAT.
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically passed on to the price of the Products. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the Products.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Client.
The prices indicated on the Site are valid except gross error.
6.2 - Delivery costs: The amount of the delivery costs is calculated according to the weight and size of the Products delivered as well as the place of delivery and/or the delivery methods chosen by the Customer. The amount of the delivery costs is indicated to the Customer prior to any validation and payment of his order. It is expressed in euros all taxes included.
ARTICLE 7 – PROMOTIONAL CODES
Promotional Codes issued by RISE AND SHINE (hereinafter “Promotional Codes”) are only used for promotional purposes.
Promotional Codes must be used on the Site and expire on the date indicated in the conditions communicated with the Promotional Code. Promotional Codes may be subject to additional terms communicated with the Promotional Code.
Promotional Codes may not be used on any other website operated by RISE AND SHINE, its subsidiaries or any other legal or private person, except as provided in these Terms and Conditions or the terms communicated with the Promotional Code.
It is not possible to use the Promotional Codes for:
Promotional Codes may not be resold, transferred, redeemed for cash, or used on any other RISE AND SHINE account, except as required by law. Unused Promotional Codes on a RISE AND SHINE account cannot be transferred to another RISE AND SHINE account.
ARTICLE 8 – ORDER
The Customer must read the T&Cs carefully and accept them, before proceeding to payment for an order of Products. By validating the order, the Customer expressly declares to accept the GCS without restriction or reservation.
Before validating his order, the Customer has the possibility of checking the details of his draft order and correcting any errors.
The distance selling contract is concluded from the moment the Customer confirms his order by clicking on the icon "Validate your payment" or "Validate your basket". He is considered to have knowingly accepted the content and conditions of the order in question and in particular the GCS, the fact that his order implies a payment obligation on his part, the prices, volumes, characteristics, quantities and deadlines. delivery of the products offered for sale and ordered by the Customer.
Once this step has been validated, the Customer will no longer be able to cancel his order. The sale will be final (subject to the exercise by the consumer Customer of his possible right of withdrawal).
Once the payment has been made, an e-mail summarizing the order is immediately sent to the Customer.
RISE AND SHINE reserves the right to refuse or cancel any order or delivery in the event of:
- Existing dispute with the Customer,
- Total or partial non-payment of a previous order by the Customer,
- Refusal to authorize payment by bank card from banking organisations,
- Non-payment or partial payment.
The Customer will, where applicable, be reimbursed for the sums he has paid for the canceled order no later than fourteen days from the date of cancellation of the order.
ARTICLE 9 – PAYMENT CONDITIONS
9 – 1. Payment by credit card
The Customer pays by bank card for his purchases according to the terms below.
Only the bank cards mentioned when ordering. The Customer must indicate the number of his card, its expiry date, the name of the cardholder as well as the visual cryptogram directly in the area provided for this purpose.
The holder of the credit card used must be the Customer himself. In the event of fraudulent use of his means of payment, the Customer is invited, as soon as this use is observed, to contact RISE AND SHINE at the contact details indicated at the top of the GCS.
The order cannot be validated and the Product can only be delivered after effective collection of the sums due.
The transmission of the Customer's personal information and bank details is completely secure. This information is only accessible by the payment system partner so that it can get in touch with the Customer's bank. At no time can RISE AND SHINE, or any other third party, access the Customer's bank details.
Regarding payment by PAYPAL
By choosing payment via PayPal, the Customer will be automatically directed to his PayPal account. Once the Paypal payment has been validated, the Customer can complete his order on the Website.
Regarding payment by SHOP PAY
The contractual conditions governing payment by Shop Pay are available at the following address: https://www.shopify.com/fr/legal/conditions
9 – 2. Payment in 3 or 4 installments free of charge
The Customer has the option of paying for his order in 3 or 4 monthly installments free of charge, according to the terms provided for when ordering.
ARTICLE 10 – DELIVERY OF PRODUCTS
10.1– Terms of delivery
The Products ordered are delivered according to the terms provided for in the order. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
In accordance with the provisions of Articles L 216-4 and L216-5 of the Consumer Code , the delivery of the Products is accompanied, as the case may be, by the delivery of the instructions for use, installation instructions and a writing mentioning the possibility of formulating reservations as well as, if necessary, the commercial guarantee.m
Moreover, :
- In the event of delivery by carrier: The Products may be delivered to the territory mentioned during the order depending on the type of Product and the carrier. When the order is shipped, a shipping confirmation email is sent to the Customer. The Products ordered by the Customer will be delivered to the address and according to the methods provided for when ordering. RISE AND SHINE is not responsible for any errors or inaccuracies in the Customer's input and the consequences that may result (delays, delivery errors, etc.). RISE AND SHINE reserves the right to make the Customer bear the costs related to the reshipment of a Product resulting from incorrect information given by the Customer or the Customer's absence during delivery.
- In the event of delivery to a relay point: Delivery to a relay point consists of the Customer coming to collect his package ordered and paid for on the Site directly at the relay point chosen when ordering. To collect the parcel, the Customer must:
- Go to the relay point on the days and times indicated to the Customer,
- Bring a valid identity document and the order number appearing on your order confirmation email.
For more information, see RISE AND SHINE Partner Terms and Conditions
Colissimo: https://www.colissimo.entreprise.laposte.fr/cgu
Chronopost: https://www.chronopost.fr/fr/conditions-generales-utilisation
Mondial Relay: https://www.mondialrelay.fr/envoi-de-colis/conditions-generales-de-vente/
At the time of delivery of the parcel, the Customer must check the condition and conformity of the Products delivered in relation to his order and must sign the delivery slip for the Products ordered. The signature of this slip will have the effect of confirming the good reception of the order.
10.2 – Delivery time
The delivery time is mentioned to the Customer before the validation and the payment of the order. no later than thirty days after the order.
10.3 – Late delivery
In the event of a delay in delivery, the Customer must report this delay within 8 days to RISE AND SHINE's customer service department, by e-mail addressed to contact@the-oversized-hoodie.com . If necessary, RISE AND SHINE will then approach the delivery service so that an investigation can be carried out.
If the Products ordered have not been delivered within the period indicated or, failing that, beyond 30 days, for any reason other than force majeure or the Customer's act, the Customer may notify RISE AND SHINE, in accordance with the Article L 216-6 of the Consumer Code :
- Either the suspension of payment of all or part of the price until RISE AND SHINE executes, under the conditions provided for in articles 1219 and 1220 civil code (exception of non-performance),
- Either the resolution of the sale, after having given RISE AND SHINE formal notice to perform within a reasonable additional period not respected by RISE AND SHINE.
The Contract is considered resolved upon receipt by RISE AND SHINE of the letter or writing informing it of this resolution, unless RISE AND SHINE has performed in the meantime.
Cancellation may be immediate if RISE AND SHINE refuses to perform or if it is clear that it will not be able to deliver the Products or if the delivery deadline not respected constituted, for the Customer, an essential condition of the sale.
In the event of cancellation of the sale under the conditions mentioned above, the sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the Contract.
10.4 – Packaging
The Products will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the Products during delivery.
The Customer undertakes to respect the same standards when returning Products under article 11 – right of withdrawal.
10.5 – Receptions – complaints
The Customer is required to check the condition of the products delivered. He has a period of 3 calendar days (excluding weekends and public holidays) from the date of delivery to formulate by e-mail any reservations or complaints for non-compliance, defect or apparent defect of the Products delivered (for example parcels damaged already opened, etc.), as in the event of failure to hand over the instructions for use or the installation instructions, with all the supporting documents relating thereto. The Customer's request must be sufficiently precise and accompanied by supporting elements (photos in particular) to allow RISE AND SHINE to study it.
ARTICLE 11 – RIGHT OF WITHDRAWAL
11.1 – Exercise of the right of withdrawal: when the Customer is a consumer, he has the right to withdraw from the Contract without giving any reason within fourteen days.
This period runs from the day of receipt of the goods by the Customer, or a third party other than the carrier and designated by the Customer.
- In the event that several Products have been ordered by the Customer by means of a single order and if these Products are delivered separately or in the event of an order for a Product consisting of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last Product or batch or the last part.
To exercise the right of withdrawal, the Customer must notify RISE AND SHINE – 122 rue Amelot - 75011 PARIS or by e-mail: contact@the-oversized-hoodie.com - of his decision to withdraw from the Contract by means of a declaration unambiguous (e.g. letter sent by post or e-mail). The Customer may use the model withdrawal form attached in Appendix 1 to the GCS but this is not mandatory. For the withdrawal period to be respected, it is sufficient for the Customer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
11.2 – Exclusion of the right of withdrawal: In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised in particular for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and if the contract subjects the consumer to an obligation to pay, the performance of which has begun after prior and express agreement and with the recognition by him of the loss of his right of withdrawal, when the service has been fully performed by the professional;
2° Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a given date or for a specific period;
13° For the supply of digital content without material support, the execution of which has begun before the end of the withdrawal period and if the contract subjects the consumer to an obligation to pay when: a) he has previously given his express consent so that performance of the contract begins before the expiry of the withdrawal period and b) he has acknowledged that he will lose his right of withdrawal and c) the trader has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of article L.221-13.
11.3 – Effects of withdrawal :
The Product must be returned packaged and include all the accessories delivered.
In the event of withdrawal from the Contract by the Customer, the latter must return or return the Product(s) to RISE AND SHINE without undue delay and, in any case, no later than fourteen days after the Customer has communicated its decision to withdraw from the Contract. This deadline is deemed to have been met if the Customer returns the Product(s) before the expiry of the fourteen-day period. The Customer must bear the direct costs of returning the Product(s).
RISE AND SHINE will refund all payments received from the Customer, including delivery costs (except for additional costs arising from the fact that the Customer has chosen, where applicable, a mode of delivery other than the less expensive mode of delivery standard proposed by RISE AND SHINE). RISE AND SHINE will proceed with the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly accepts the use of a different means; in any event, this refund will not incur any costs for the Customer. The responsibility of the Customer is engaged in the event of depreciation of the Product(s) resulting from manipulations other than those necessary to establish the nature and characteristics of the Product(s).
ARTICLE 12 – RETENTION OF OWNERSHIP
The Product(s) ordered remain(s) the property of RISE AND SHINE until full receipt of the price by RISE AND SHINE. In the event of a payment incident, the Customer undertakes to return to RISE AND SHINE the Product(s) received, upon first request.
In accordance with article L216-2 of the Consumer Code, any risk of loss or damage to the goods is transferred to the Customer when the latter or a third party designated by him takes physical possession of these goods.
When the Customer entrusts the goods to a carrier other than that proposed by the professional, the risk of loss or damage to the goods is transferred to the Customer when the goods are handed over to the carrier.
ARTICLE 13 – GUARANTEES
The Products comply with the regulations in force in France and have performances compatible with non-professional uses.
The legal guarantees of conformity and against hidden defects below apply independently of any other commercial guarantee that may be granted.
In accordance with article D.211-2 of the Consumer Code, the Customer is informed, concerning the legal guarantees of conformity and hidden defects, that:
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The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. 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 goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the 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 appearance of the latter. The legal guarantee of conformity entails the obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the good. The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience for him. If the consumer requests the repair of the good, but the seller imposes the 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 good; The consumer is not entitled to rescind the sale if the lack of conformity is minor. 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 the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover ( article L. 241-5 of the consumer code ).
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ARTICLE 14 – LIABILITY
In general, RISE AND SHINE is not responsible when the poor performance or non-performance of the obligations resulting from the sale is attributable either to the Customer, in particular when entering the order, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure .
Furthermore, RISE AND SHINE does not assume any commitment or responsibility, in any form whatsoever, with regard to:
- The consequences in the event of failure of a Customer's computer equipment and/or networks (computer, telephone, etc.);
- The consequences in the event of interruption or failure of the Internet network and/or Internet access services;
- In the event of non-compliance with the legislation of the country, other than France, in which the Products are delivered, which it is the Customer's responsibility to check before placing his order,
- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
ARTICLE 15 – FORCE MAJEURE
None of the Parties can be held liable for the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of a case of force majeure as defined in the new article 1218 of the Civil Code (here - after the "Force Majeure"). The Party that suffers the Force Majeure must notify the occurrence thereof without delay to the other Party. In the event of the occurrence of Force Majeure, if the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is final, the Contract is automatically terminated and the parties are released from their obligations under the conditions provided for in the new articles 1351 and 1351-1 of the Civil Code.
ARTICLE 16 – TERMINATION
Except in cases of force majeure, the non-compliance by one of the Parties with any of the stipulations of the Contract, and in particular in the event of late payment of the sums due for the Customer, entails fifteen days after a formal notice by registered letter with acknowledgment of receipt remained without effect, if the other Party sees fit, the automatic and immediate termination of the Contract, to the wrongs and grievances of the defaulting Party, without prejudice to any other rights and actions. In accordance with article 1225 of the Civil Code, the formal notice must specify the terms of this clause. Termination will be notified by registered letter with acknowledgment of receipt or by extrajudicial act, and will take effect upon receipt of said notification.
ARTICLE 17 – PERSONAL DATA
RISE AND SHINE's privacy policy can be accessed here: https://the-oversized-hoodie.com/pages/politique-de-confidentialite
ARTICLE 18 – OPPOSITION TO TELEPHONE SOLICITATION
If the Customer's telephone number is collected when placing his order, the latter is informed that his telephone details will only be used for the proper execution of his orders or to contact him in order to offer him new services. .
Without prejudice to the foregoing, in accordance with Articles L223-1 and L223-2 of the Consumer Code. any consumer has the possibility of registering free of charge on the BLOCTEL canvassing opposition list https://www.bloctel.gouv.fr/
Any professional reserves the right to canvass a consumer registered on the list of opposition to canvassing when it comes to solicitations occurring within the framework of the execution of a contract in progress and having a relationship with the object said contract, including when it comes to offering the consumer products or services relating to or complementary to the subject of the current contract or likely to improve its performance or quality.
ARTICLE 19 – Intellectual property – PROTECTION OF DATABASES
All elements of the Site, whether visual or audio, including the underlying technology, as well as the Products are protected by intellectual property rights such as copyright, trademark or patent. They are the exclusive property of RISE AND SHINE or its content providers. Any reproduction, representation or reuse, in whole or in part, on any medium is prohibited. Failure to comply with this prohibition constitutes an infringement which may engage the civil and criminal liability of the counterfeiter. The Customer who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Site, must request prior written authorization from RISE AND SHINE, without this authorization can be considered as an implicit agreement of affiliation. In all cases, any link must be removed upon simple request from RISE AND SHINE.
It is forbidden to systematically extract and/or reuse parts of the content of the RISE AND SHINE website without its prior written authorization. In particular, it is prohibited to use a data mining robot, or any other similar tool for collecting or extracting data to extract (in one or more times), to reuse a substantial part of the RISE website. AND SHINE without its prior written permission. It is forbidden to create and/or publish own databases which include substantial parts (eg prices and product lists) of the RISE AND SHINE website without its prior written authorization.
ARTICLE 20 – PARTIAL NON-VALIDITY
If one or more stipulations of the GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
ARTICLE 21 – MODIFICATION OF THE SITE OR THE CONDITIONS OF SALE
RISE AND SHINE reserves the right to make changes to its Site, its procedures and its T&Cs at any time. Each Customer is subject to the procedures and GCS in force at the time he orders a Product, unless a change to these procedures and conditions is required by an administrative or governmental authority.
ARTICLE 22 – AGREEMENT OF PROOF AND ARCHIVING
In addition to the legal provisions recognizing the probative value of electronic writing, the Customer acknowledges the validity and probative force of e-mails, SMS, and notifications and digital recordings made by RISE AND SHINE.
Any contract concluded with the Customer corresponding to an Order for an amount greater than 120 euros including tax will be archived by RISE AND SHINE for a period of ten (10) years in accordance with Article L.213-1 of the Consumer Code.
ARTICLE 23 – COMPLAINTS
Any complaint can be sent to RISE AND SHINE by e-mail or post to the addresses mentioned in article 2 of the GCS.
ARTICLE 24 – MEDIATION - DISPUTE
IN CASE OF DISPUTE, ONLY THE FRENCH COURTS WILL HAVE COMPETENT JURISDICTION.
However, prior to any appeal to the arbitration or state judge, the Customer is invited to contact the RISE AND SHINE complaints department.
If no agreement is reached or if the Customer justifies having first tried to resolve his dispute directly online with RISE AND SHINE by means of a written complaint, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and in good faith with a view to reaching an amicable agreement when any conflict arises relating to these GCS, including relating to its validity.
In accordance with Article L. 612-1 of the Consumer Code, when the customer is a consumer within the meaning of the introductory article of the Consumer Code, he has the option of submitting a request for amicable resolution by mediation, with:
Name :
Address :
E-mail :
Website :
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and industry professionals. 'European Union. This platform is accessible at the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
As mediation is not mandatory, the Client or RISE AND SHINE may withdraw from the process at any time.
ARTICLE 25 – APPLICABLE LAW
The T&Cs as well as the relationship between the Customer and RISE AND SHINE are governed by French law. In case of translation, the French version prevails.
ARTICLE 26 – PRE-CONTRACTUAL INFORMATION
The Customer acknowledges having been informed by RISE AND SHINE in a readable and understandable manner prior to his immediate purchase or the placing of the order and in accordance with the provisions of Article L 221-5 of the Consumer Code:
- on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use.
- on the price of the Products and ancillary costs or, in the absence of payment of a price, on any advantage procured instead of or in addition to it and on the nature of this advantage;
- on the terms of payment, delivery and execution of the sales contract;
- in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
- on the identity of the seller and all of his contact details;
- on the existence and terms of implementation of guarantees (the legal guarantee of conformity, guarantee of hidden defects, any commercial guarantees) and, where applicable, on after-sales service;
- on the possibility of using a consumer mediator, whose contact details appear in the GCS under the conditions provided for in the Consumer Code
- on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the cancellation procedures, the handling of complaints and other important contractual conditions and, where applicable, the costs of the use of the technique of distance communication, the existence of codes of good conduct and sureties and financial guarantees;
- on the means of payment accepted.
ANNEX 1
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MODEL WITHDRAWAL FORM Articles L. 221-18 and R.221-1 of the Consumer Code
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Please complete and return this form only if you wish to withdraw from the contract.
For the attention of RISE AND SHINE 122 rue Amelot 75011 Paris
contact@the-oversized-hoodie.com
I/we* hereby notify you of my/our* withdrawal from the contract relating to the sale of the product(s)* below:
Ordered/received* on:
Name of client(s):
Address of client(s):
Date :
Signature of the customer(s) (only in case of notification of this form on paper):
(*) Strike out the useless mention