Terms of Sales
Version of 02/13/2023
ARTICLE 1 – PURPOSE AND SCOPE OF APPLICATION
These general conditions of sale (Hereinafter “CGV”) apply to all sales made by RISE AND SHINE for the products (Hereinafter “Product”) offered on the website www.the-oversized-hoodie.com (Hereinafter “Site”) to adult consumer customers with the legal capacity to contract (Hereinafter “Customer”). They specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers. The General Terms and Conditions may be supplemented by special conditions mentioned before any transaction with the Customer.
The General Terms and Conditions are systematically communicated to any Customer prior to placing an order and will prevail, where applicable, over any other version or any other contradictory document.
They are accessible at any time on the Site. The General Terms and Conditions 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 its download for documentation purposes, future reference and identical reproduction.
ARTICLE 2 – ACCEPTANCE OF THE CGV
Acceptance of the General Terms and Conditions is indicated by a check box when validating the order form. The contract concluded with RISE AND SHINE consists solely of the General Terms and Conditions and the special conditions mentioned in the order summary (hereinafter “the Contract”). Any contrary condition of the Client will therefore, in the absence of express acceptance, be unenforceable against RISE AND SHINE, regardless of the moment when it may have been brought to its attention.
ARTICLE 3 – IDENTITY OF THE SELLER – CUSTOMER SERVICE
The company RISE AND SHINE is a SASU registered with the PARIS RCS under number 948 126 495 and whose intra-community VAT number is: FR94948126495, with registered office at 122 rue Amelot - 75011 PARIS (Hereinafter referred to as: “RISE AND SHINE”).
Unique ID: 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: +33 7 56 80 81 77 Monday to Friday, 10 a.m. to 12:30 p.m. and 2 p.m. to 5 p.m.
ARTICLE 4 – PRODUCTS OFFERED FOR SALE
4.1 – Description of Products
The Products are textile products aimed at improving the comfort and maintaining warmth of customers 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 characteristics and delivery times. The Customer is, in particular, invited to check that he does not have an allergy to any of the components of the Product ordered.
Contractual information is presented in French.
The Customer has the possibility to ask questions about the characteristics of a Product by sending a request by email to the following address: contact@the-oversized-hoodie.com.
4.2 – Availability of Products
Product offers are valid as long as they are announced online and while stocks last. The unavailability of a Product is indicated on the page of the Product concerned
In the event 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 paid for the canceled order no later than thirty days from the date on which these General Terms and Conditions 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 Customer can only create one profile for their personal account.
5.2 – Management of identifiers: The identifiers, login and password, allowing access to the Personal Account are chosen by the Client taking into account availability taking into account the identifiers already created by other Clients. These identifiers are strictly personal and must be kept secret by the Client under his responsibility. In the event of loss or theft of their identifiers or any unauthorized use of their 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 accurate, up-to-date and complete information regarding his identity and 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 tax. Unless otherwise indicated on the Site or these General Terms and Conditions, prices do not include any delivery costs which are charged additionally. The prices of any eco-participations are indicated clearly, distinctly and in accordance with the legislation in force in the Product sheets. Eco-participations 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 reflected in the price of the Products. If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the Products.
In the event of an order to a country other than mainland 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 the responsibility and are the sole responsibility of the Customer.
The prices indicated on the Site are valid unless there is a gross error.
6.2 - Delivery costs: The amount of delivery costs is calculated based on the weight and size of the Products delivered as well as the delivery location and/or delivery methods chosen by the Customer. The amount of 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
The Promotional Codes issued by RISE AND SHINE (Hereinafter “Promotional Codes”) are used for promotional purposes only.
Promotional Codes must be used on the Site and expire on the date appearing in the conditions communicated with the Promotional Code. Promotional Codes may be subject to additional conditions communicated with the Promotional Code.
Promotional Codes cannot be used on another website operated by RISE AND SHINE, its subsidiaries or any other legal or private entity, unless these General Conditions or the conditions communicated with the Promotional Code provide for this. .
It is not possible to use Promotional Codes for:
Promotional Codes cannot be resold, assigned, redeemed for cash or used on any other RISE AND SHINE account, unless required by law. Promotional Codes not used on a RISE AND SHINE account cannot be transferred to another RISE AND SHINE account.
ARTICLE 8 – ORDER
The Customer must carefully read the General Terms and Conditions and accept them before paying for an order of Products. By validating the order, the Customer expressly declares to accept the General Terms and Conditions without restriction or reservation.
Before validating his order, the Customer has the possibility of checking the details of his proposed order and correcting any errors.
The distance sales contract is concluded from the moment the Customer confirms their order by clicking on the “Validate your payment” or “Validate your basket” icon. He is considered to have knowingly accepted the content and conditions of the order in question and in particular the General Terms and Conditions, the fact that his order implies an obligation to pay on his part, the prices, volumes, characteristics, quantities and deadlines. delivery of products offered for sale and ordered by the Customer.
Once this step has been validated, the Customer will no longer be able to cancel their order. The sale will be final (subject to the exercise by the consumer Customer of his possible right of withdrawal).
Once payment has been made, an email 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 of authorization for payment by bank card from banking organizations,
- Non-payment or partial payment.
The Customer will, where applicable, be reimbursed for the sums he paid for the canceled order no later than thirty days from the date of cancellation of the order.
ARTICLE 9 – PAYMENT CONDITIONS
9 – 1. Payment by credit card
The Customer pays for their purchases by credit card according to the terms below.
Only bank cards mentioned when ordering. The Customer must indicate their card number, its expiry date, the name of the card holder as well as the visual cryptogram directly in the area provided for this purpose.
The holder of the bank card used must be the Customer himself. In the event of fraudulent use of their means of payment, the Customer is invited, as soon as this use is noted, to contact RISE AND SHINE using the contact details indicated at the top of the General Terms and Conditions.
The order cannot be validated and the Product can only be delivered after effective collection of the amounts due.
The transmission of the Customer's personal information and banking data is completely secure. This information is only accessible by the payment system partner so that it can contact the Customer's bank. At no time can RISE AND SHINE, or any other third party, access the Customer's banking data.
Regarding payment by PAYPAL
By choosing payment via PayPal, the Customer will automatically be directed to their PayPal account. Once the Paypal payment has been validated, the Customer will be able to complete their order on the Website.
Regarding payment by SHOP PAY
The contractual conditions governing payment by Shop Pay are accessible 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 when ordering.
ARTICLE 10 – DELIVERY OF PRODUCTS
10.1– Delivery terms
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, the delivery of the user manual, the installation instructions and a writing mentioning the possibility of formulating reservations as well as, if applicable, the commercial guarantee.m
Also,:
- In case of delivery by carrier: The Products can be delivered to the territory mentioned when ordering 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 terms provided when ordering. RISE AND SHINE is not responsible for any errors or inaccuracies in input by the Customer and the consequences that could result (delays, delivery errors, etc.).) RISE AND SHINE reserves the right to make the Customer bear the costs linked to the reshipment of a Product resulting from incorrect information given by the Customer or an absence of the Customer during delivery.
- In the case of delivery to a relay point: Delivery to a relay point consists of the Customer coming to collect their package ordered and paid for on the Site directly from the relay point chosen when ordering. To collect their package, the Customer must:
- Go to the relay point on the days and times indicated to the Customer,
- Have a valid ID and the order number appearing on your order confirmation email.
For more information, see the 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 package, 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. Signing this slip will have the effect of confirming receipt of the order.
10.2 – Delivery time
The delivery time is mentioned to the Customer before validation and payment of the order, during the "Delivery" step of the payment process.
- Chronopost: 1 day in Metropolitan France
- Colissimo: 2 days in Metropolitan France
- Mondial Relay: 3 days in Metropolitan France
- Eco-Colissimo: 3 to 5 working days in Metropolitan France
In the absence of an indication of the delivery date when ordering or an appointment for delivery of the Product, the Product will be delivered no later than thirty days after the order.
10.3 – Late delivery
In the event of late delivery, the Customer must report this delay within 8 days to RISE AND SHINE customer service, by e-mail addressed to contact@the-oversized-hoodie.com . If necessary, RISE AND SHINE will then contact 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 actions, the Customer may notify RISE AND SHINE, in accordance with article L 216-6 of the Consumer Code,:
- Or the suspension of payment of all or part of the price until RISE AND SHINE is executed, under the conditions provided for in articles 1219 and t11>1220 civil code(exception of non-performance),
- Or the resolution of the sale, after having given RISE AND SHINE notice to perform within a reasonable additional period not respected by RISE AND SHINE.
The Contract is considered terminated upon receipt by RISE AND SHINE of the letter or writing informing it of this resolution, unless RISE AND SHINE has been executed in the meantime.
Resolution 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, a essential condition of the sale.
In the event of termination of the sale under the conditions mentioned above, the sums paid by the Customer will then be returned to him at the latest within thirty days following the date of termination of the Contract.
10.4 – Packaging
The Products will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the Products during delivery.
The Customer undertakes to respect the same standards when returning Products within the framework of 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 delivery to formulate by e-mail any reservations or complaints for non-conformity, defect or apparent defect of the Products delivered (for example parcels damaged already opened.), as in the event of failure to provide the user manual or installation instructions, with all relevant supporting documents. The Customer's request must be sufficiently precise and accompany 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: since the Customer is a consumer, he has the right to withdraw from the Contract without giving reason within thirty 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 case where several Products have been ordered by the Customer using a single order and if these Products are delivered separately or in the case of an order for a Product made up of lots or multiple pieces whose Delivery is spread over a defined period, the period starting from 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 - his decision to withdraw from the Contract by means of a declaration devoid of ambiguity (e.g. letter sent by post or email). The Customer can use the model withdrawal form attached in Appendix 1 to the General Terms and Conditions but this is not obligatory. For the withdrawal period to be respected, it is sufficient for the Customer to transmit his communication relating to the exercise of the right of withdrawal before the expiration 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, particularly for contracts:
1° The provision of services fully executed before the end of the withdrawal period and if the contract subjects the consumer to an obligation to pay, the execution of which has begun after prior and express agreement and with recognition by him of the loss of the 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 according to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire quickly;
5° 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 mixed inseparably 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 on 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 for these publications;
11° Concluded during a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a date or at a fixed period;
13° Supply of digital content without material support whose execution began 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 consent expressly so that the execution 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 professional 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 event, no later than thirty days after the Customer has communicated his decision to withdraw from the Contract. This deadline is deemed to be respected if the Customer returns the Product(s) before the expiration of the thirty-day period. The Customer must cover the direct costs of returning the Product(s).
RISE AND SHINE will reimburse 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 delivery method other than the less expensive standard delivery offered by RISE AND SHINE). RISE AND SHINE will reimburse 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 reimbursement will not incur any costs for the Customer. The Customer is liable 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 – RESERVATION OF OWNERSHIP
The Product(s) ordered remain the property of RISE AND SHINE until full payment of the price by RISE AND SHINE. In the event of a payment incident, the Customer undertakes to return the Product(s) received to RISE AND SHINE upon first request.
In accordance with article L216-2 of the Consumer Code, all risk of loss or damage to the goods is transferred to the Customer at the time when the latter or a third party designated by 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 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 good provides for the supply of digital content or a digital service continuously for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout. throughout the planned 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 replace the goods within thirty days of their request, free of charge and without major inconvenience for them. 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 end the contract by being reimbursed in full against return of the goods, if: 1° The professional refuses to repair or replace the goods; The consumer does not have the right to cancel 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 can be increased to 10% of turnover. annual average (article L. 241-5 of the Consumer Code).
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ARTICLE 14 – LIABILITY
Generally speaking, RISE AND SHINE is not responsible when the poor execution or non-performance of the obligations resulting from the sale is attributable either to the Customer, particularly when entering the order, or to the unforeseeable and insurmountable act of a third party to the contract, or a case of force majeure.
RISE AND SHINE furthermore assumes no commitment or responsibility, of 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 up to the Customer to verify before placing their 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
Neither Party can be held liable in the event that the execution of its obligations is delayed, restricted or made impossible due to the occurrence of a case of force majeure as defined in the new article 1218 of the Code civil (hereinafter “Force Majeure”). The Party which experiences Force Majeure must notify the other Party of its occurrence without delay. 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 definitive, 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, 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 sums due to the Client, results fifteen days after a formal notice by registered letter with acknowledgment of receipt which remains without effect, if the other Party so wishes, the automatic and immediate termination of the Contract, to the wrongs and grievances of the defaulting Party, without prejudice to all 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 CALLING
If the Customer's telephone number is collected when placing their order, the latter is informed that their telephone details will only be used for the proper execution of their orders or to contact them in order to offer them new services.
Without prejudice to the above, 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 telephone canvassing opposition list https://www.bloctel.gouv.fr/
Any professional reserves the right to approach a consumer registered on the list of opposition to telephone canvassing when it concerns solicitations occurring within the framework of the execution of a current contract and having a connection with the subject of the said contract, including when it involves 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 DATABASE
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 suppliers. 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 result in civil and criminal liability for the infringer. 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 may be considered as an implicit agreement of affiliation. In any case, any link must be removed upon simple request from RISE AND SHINE.
It is prohibited 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 vacuum robot, or any other similar data collection or extraction tool to extract (in one or more times), for reuse a substantial part of the RISE website AND SHINE without its prior written authorization. It is prohibited to create and/or publish your own databases which include substantial parts (e.g. prices and product lists) of the RISE AND SHINE website without prior written authorization.
ARTICLE 20 – PARTIAL INVALIDITY
If one or more stipulations of the General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain all their strength and reach.
ARTICLE 21 – MODIFICATION OF THE SITE OR 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 General Terms and Conditions in force at the time they order a Product, unless a change to these procedures and conditions is required by an administrative or governmental authority.
ARTICLE 22 – PROOF AND ARCHIVING AGREEMENT
In addition to the legal provisions recognizing the probative value of electronic writing, the Client recognizes the validity and probative force of emails, SMS messages, 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 – COMPLAINT
Any complaint can be sent to RISE AND SHINE by e-mail or postal mail to the addresses mentioned in article 2 of the General Terms and Conditions.
ARTICLE 24 – MEDIATION – DISPUTE
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.
However, prior to any recourse to an 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 previously attempted to resolve their dispute directly online with RISE AND SHINE by a written complaint, an optional mediation procedure will then be offered, carried out in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to these General Terms and Conditions, including relating to their 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 through mediation, to:
Name: CNPMediation Consumption
Address: 27, avenue de la Libération, 42400 Saint-Chamond
Email: contact-admin@cnpm-mediation-consommation.eu
Website: https://www.cnpm-mediation-consommation.eu/
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 professionals from the 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 obligatory, the Client or RISE AND SHINE may withdraw from the process at any time.
ARTICLE 25 – APPLICABLE LAW
The General Terms and Conditions as well as the relations between the Customer and RISE AND SHINE are governed by French law. In the event of translation, the French version prevails.
ARTICLE 26 – PRE-CONTRACTUAL INFORMATION
The Customer acknowledges having been informed by RISE AND SHINE in a legible and understandable manner prior to his immediate purchase or placing 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 related costs or, in the absence of payment of a price, on any advantage provided 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, possible commercial guarantees) and, where applicable, on after-sales service;
- on the possibility of using a consumer mediator, whose contact details appear in the General Terms and Conditions under the conditions provided for in the Consumer Code
- on the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the terms of termination, the processing of complaints and other important contractual conditions and, where applicable, on the costs of using remote communication technology, the existence of codes of good conduct and financial deposits and guarantees;
- on the accepted means of payment.
ANNEX 1
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MODEL WITHDRAWAL FORM Items 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 customer(s):
Address of customer(s):
Date:
Signature of the customer(s) (only if this form is notified on paper):
(*) Delete as needed