CONFECTION DES DEUX SEVRES (C2S), a société par actions simplifiée (simplified joint-stock company) registered in the Cholet Trade and Companies Register under number 344 971 718, whose registered office is located at 51 rue du Bocage - 79440 Courlay (hereinafter referred to as "C2S") publishes the Internet site located at the URL address www.kidur.fr (hereinafter referred to as the "Site") offering customers acting as consumers (hereinafter referred to as "the Customer") to place orders for clothing and fashion items (hereinafter referred to as the "Product(s)").
These Terms and Conditions define the terms and conditions of the online sale of Products between C2S and the Customer.
Article 1 - General principles
The present General Conditions are written in French in their original version, which alone is authentic and prevails over any other version. They apply to the exclusion of all other conditions.
The present General Terms and Conditions are systematically accessible by the Customer on the Site prior to any order and at the time of order registration.
The Customer declares having read and accepted the following provisions before placing an order for Products by checking the box "I have read and accept the General Conditions". Consequently, placing an order on the Site implies the Customer's full and unreserved acceptance of these General Conditions.
The General Terms and Conditions in effect are those posted on the Site on the date of the Customer's order. C2S reserves the right to adapt, modify or update these General Terms and Conditions at any time. In the event of adaptation, modification or updating, the General Terms and Conditions in effect on the day the Customer places an order on the Site will apply to each order.
The fact of not exercising, at any time, a prerogative recognized by the present General Terms and Conditions, or of not requiring the execution of any stipulation of the agreement resulting from the said terms and conditions, shall in no case be interpreted, either as a modification of the contract, or as an express or tacit renunciation of the right to exercise the said prerogative in the future, or of the right to require the scrupulous execution of the commitments entered into herein.
Article 2 - Legal age and capacity
The Customer declares that he/she is legally capable of entering into this contract, the General Terms and Conditions of which are set out below, i.e. that he/she has reached the age of majority and is not under guardianship or curatorship.
Article 3 - Customer account
To place an order on the Site, the Customer must have a customer account.
Customers may create an account using the procedure provided on the Site or, at the latest, when placing their first order on the Site.
To create an account, the Customer is asked to enter an e-mail address and a password. These two elements, which are personal to the Customer, must be entered each time the Customer logs on to his or her account.
Once an account has been created, a confirmation e-mail will be sent to the Customer's e-mail address.
Customers can update their personal information by logging on to their Customer Account, and are solely responsible for any updates they make, as well as for the consequences of providing incorrect personal information, particularly with regard to the execution of their order (e.g. impossible delivery).
The Customer may at any time and without reason request the deactivation of his account:
- or by registered letter with acknowledgement of receipt to the following address: C2S - 51 rue du Bocage - 79440 Courlay ;
- or by e-mail to the following address: c2s@c2sshirt.com.
C2S undertakes to deactivate the Customer's account within a maximum of 15 days from receipt of the Customer's request.
Article 4 - Ordering Products on the Site
The Customer places his order from the catalog of Products offered on the Site and according to the process indicated and provided for this purpose on the Site.
Any online order on the Site implies acceptance of the prices and descriptions of the Products.
Once the order has been completed, the Customer can check the products ordered and the total price of the order on a summary screen. If necessary, they can modify their order.
Once the order has been checked, the Customer validates and finalizes it by clicking on the "PAY MY ORDER" button and following the procedure provided for this purpose on the Site.
This action is assimilated to the handwritten signature referred to in articles 1174, 1359 et seq. of the French Civil Code and to the conclusion of a commitment in electronic form within the meaning of articles 1128 et seq. of the French Civil Code. As from this action :
- the Customer confirms his/her order and declares that he/she accepts it, as well as the entirety of these General Terms and Conditions, fully and without reservation, and ;
- the order is considered definitive on the part of the Customer and may only be challenged by the latter in the cases exhaustively provided for in the present General Terms and Conditions.
Once the order has been placed, C2S will automatically send the Customer an e-mail acknowledging receipt of the order and containing all of the above information.
This acknowledgement of receipt constitutes confirmation of the Customer's order, subject to the availability of the Products, the effective receipt of the price of the Products by C2S, and its validation by C2S.
Article 5 - Product availability
C2S is committed to fulfilling online orders while stocks last.
In the event of unavailability, C2S undertakes to inform the Customer by e-mail or telephone as soon as possible, indicating the expected timeframe within which the Product(s) may become available.
The Customer may then :
- or to be delivered a Product of equivalent quality and price, while stocks last;
- or wait until the delivery date, which will be specified;
- cancel the order. In this case, C2S will reimburse the price of the order paid by the Customer within 15 days of receipt of the order cancellation.
Article 6 - Prices
Products are invoiced according to the price list in force on the Site on the day they are ordered by the Customer. Prices are indicated in euros and are inclusive of all taxes, the VAT applicable being that in force at the time of invoicing.
In the event of delivery charges in addition to the price of the Products, these are clearly indicated before the Customer confirms the order.
C2S reserves the right to modify its selling prices for Products on the Site at any time, it being understood that no subsequent modification of the price of an order placed by a Customer may be applied. In the event of a modification, the price applicable will be that in force on the date of the Customer's order.
The price of the Products is in any case indicated at the end of the online order on the Site, before its final validation and payment by the Customer.
The obligation to pay is fulfilled insofar as the bank payment centers concerned have given their agreement. In the event of refusal by the said centers, the order will be automatically cancelled and the Customer will be returned to the Site to place a new order, if necessary.
Article 7 - Payment
The Customer pays for his order by credit card online on the Site when ordering the Product(s), in accordance with the procedure provided for this purpose.
The customer has the option of paying in 3X or 4X with Oney. The customer hereby accepts Oney's legal disclaimer, which can be accessed here : https://f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf
The payment cards currently accepted are : Carte Bleue, VISA, MASTERCARD and MAESTRO.
The customer provides the 16-digit number and expiry date of their bank card, as well as the last three digits of the cryptogram on the back of their bank card.
Once the bank details have been validated, the secure remote payment manager sends an authorization request to the credit card network.
The telepayment manager issues an electronic certificate.
The electronic certificate issued by the telepayment manager will serve as proof of the amount and date of the transaction. In this respect, the dates and times of the server will be taken as proof between the parties.
The Customer warrants that he/she is fully authorized to use the payment card provided for the payment of his/her order and that this card gives access to sufficient funds to cover all costs resulting from this order.
The validation of the order by the Customer through payment automatically generates an invoice.
This invoice is sent to the Customer by e-mail to the address indicated and is also attached to the Order when it is delivered.
Article 8 - Delivery
The Customer's order is delivered to the location indicated during the order process and according to the delivery method indicated by the Customer.
Unless otherwise indicated on the Site, and subject to the availability of the Products, the Products will be dispatched for delivery within 3 working days from the date on which the Customer confirms payment for his/her order on the Site.
C2S shall not be held liable for any delay and/or non-delivery due to a false or erroneous address or an address to which delivery proves impossible.
If C2S fails to deliver the Products within the time indicated by the Customer at the time of placing the order on the Site, the Customer may give C2S formal notice by registered letter with acknowledgement of receipt to deliver the Products within a reasonable additional time. If C2S fails to deliver within this new time limit, the Customer may terminate the contract by registered letter with acknowledgement of receipt. The contract will be considered terminated upon receipt by C2S of this letter, unless C2S has performed in the meantime, and the sums paid by the Customer will then be reimbursed without interest or compensation within 14 days of the date on which the contract was terminated.
In the event that C2S has not indicated a delivery date when the Customer places an order on the Site, and if C2S fails to deliver within 30 days of the conclusion of the contract, the Customer may give C2S formal notice, by registered letter with return receipt requested, to deliver within a reasonable additional period. If C2S fails to deliver within this new time limit, the Customer may terminate the contract by registered letter with acknowledgement of receipt. The contract will be considered terminated upon receipt by C2S of this letter, unless C2S has performed in the meantime, and the sums paid by the Customer will then be reimbursed without interest or compensation within 14 days of the date on which the contract was terminated.
The Customer is invited to check the condition of the Products on the day they are received, and to make any complaint, reservation or refusal on the carrier's delivery slip, specifying the reason for the reservation (e.g. damaged packaging, broken product).
In the event of any anomaly noted at the time of delivery, the Customer may contact C2S.
Article 9 - Right of withdrawal
Pursuant to Articles L.221-18 et seq. of the French Consumer Code, the Customer has a 14-day cooling-off period from the date of receipt of the Products ordered.
However, certain Products may not be subject to a right of withdrawal, in particular, in accordance with the provisions of article L.221-28 of the French Consumer Code:
"The right of withdrawal cannot be exercised for the following contracts: (...)
(...) 3° Supply of goods made to the consumer's specifications or clearly personalized. (...)
(...) 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. (...) ".
If the Customer has a right of withdrawal, he/she may exercise this right by sending C2S, within the period indicated above, an unambiguous statement specifying his/her wish to exercise this right. or return the standard withdrawal form available here.
The Customer must return the Products to C2S, within 14 days of communicating his/her decision to withdraw, in perfect condition and in their original packaging, without any trace or mark, accompanied by a copy of the invoice. Only the risks and costs of returning the Products shall be borne by the Customer.
If all the conditions required for the return of Products are not met, C2S may deduct from the sums to be reimbursed, where applicable, a proportion of the sale price corresponding to the sale price of the missing/damaged Products, as well as the replacement and/or repair of the Products concerned.
C2S undertakes to reimburse the Customer within 14 days of receipt of the registered letter stating the Customer's wish to withdraw or of the standard form. However, C2S is entitled to defer this refund until the Products have been recovered.
Reimbursement will be made directly to the Customer's bank account, using the same methods as those used to pay for the products in question, unless the Customer expressly agrees to the use of another means of payment.
Article 10 - Returns
In addition to the right of withdrawal set out in article 9 above, the Customer may return the Product(s) ordered without giving any reason within 30 days of delivery.
To return the Product(s) ordered, the Customer must follow the procedure described on the Site.
In the event of such a return, the Customer may request an exchange or refund of the Product(s) concerned.
Returned Products must be in perfect condition (unworn and/or unwashed) and in their original packaging, without any traces or marks, accompanied by a copy of the invoice.
If the Customer requests an exchange of the returned Product(s) with a lower-priced Product(s), C2S will refund the balance of the corresponding price. If the Customer requests an exchange of the returned Product(s) with a higher-priced Product(s), the Customer must pay the balance of the corresponding price in the manner indicated by C2S.
If the Customer requests a refund for the returned Product(s), C2S will make said refund within 14 days of receipt of the Product(s) concerned.
Article 11 - Liability - Warranties
C2S is bound by the legal warranties in force for Products supplied to Customers, namely the legal warranty of conformity (Articles L.217-4 et seq. of the French Consumer Code) and the legal warranty for latent defects provided for in Articles 1641 et seq. of the French Civil Code.
When acting under the legal warranty of conformity, the Customer :
- has a period of 2 years from the date of delivery of the Product(s) to take action;
- may choose between repairing or replacing the Product(s). C2S may, however, not proceed according to the Customer's choice when this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the Product(s) or the importance of the defect.
- is exempted from proving the existence of the lack of conformity of the Product(s) for 24 months from delivery of the Product(s).
In the event of a warranty claim for hidden defects, the customer may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code.
Any return of a Product due to a defect must be expressly approved by C2S. It will give rise to the repair or replacement of the Product(s) concerned, after qualitative and quantitative verification of the returned Product(s). The costs and risks of the return remain at the Customer's expense if the non-conformity is not proven.
Products must be returned by the Customer in their original packaging whenever possible, accompanied by a copy of the corresponding purchase invoice.
In general, C2S may only be held liable in the event of proven fault on its part. In such a case, its liability is limited solely to direct, personal and certain damages suffered by the Customer, to the express exclusion of compensation for all indirect and intangible damages and/or prejudice, such as financial prejudice, damage to image, etc.
In any case, C2S declines all responsibility for the following in particular:
- normal wear and tear of the Products, in particular due to their use;
- use which does not comply with the use for which the Product(s) is/are intended;
- damage resulting from modifications to the Products by the Customer.
C2S shall not be liable for any temporary or permanent damage to the Customer's computer system or for any loss or damage suffered as a result of accessing or browsing the Site.
The transmission of data via the Internet may result in errors and/or the Site not always being available. Consequently, C2S cannot be held responsible for the availability or interruption of the online service.
Article 12 - Personal data - Cookies
In order to create a Customer account on the Site, and to register and process orders for Products, the Customer is required to provide C2S with personal information.
C2S is responsible for processing the personal data thus communicated by the Customer.
C2S collects this data primarily for the purpose of processing and tracking Customer orders for Products, providing after-sales service for Products ordered on the Site, and managing the Customer account on the Site.
This data is intended for C2S, and may be transmitted to service providers used by C2S to process and fulfill orders, provide after-sales service, manage the commercial relationship with the Customer, or provide technical hosting for the Site.
Some of the data collected in this way may also be used by C2S to send the Customer commercial offers, if the Customer has accepted this when collecting his/her data by clicking on the box provided for this purpose on the Site.
In all cases, the Customer retains the right to object to the continued use of his/her data for commercial prospecting purposes by C2S by sending a decision to this effect directly to the contact details indicated on the offers communicated to him/her.
C2S undertakes to comply scrupulously with all applicable regulations concerning personal data, and in particular to ensure their security.
C2S hereby informs the Customer that he/she has the right to access, rectify, delete and port his/her personal data.
The Customer may exercise any of these rights by sending a request to this effect to C2S at the following address: C2S - 51 rue du Bocage - 79440 Courlay or by e-mail: c2s@shirt.com.
Certain pages of the Site may use "cookies", which are small text files containing information specific to the Site's Customer and stored on the Customer's hard disk, which can only be read by the server that provided it. C2S makes limited use of cookies in order to optimize consultation of the Site, which the Customer hereby accepts.
If the Customer does not wish this technology to be used, he/she can deactivate this function in his/her browser, while retaining access to the Site.
C2S undertakes to keep any personal data it may collect from the Customer for no longer than is necessary for the purposes for which it was collected or processed.
Article 13 - Evidence agreement
Actions carried out by the Customer on the Site, in particular by which they accept the present General Terms and Conditions or proceed to order Products, are assimilated to the handwritten signature referred to in article 1367 of the French Civil Code and to the conclusion of a contract in electronic form within the meaning of articles 1127-2 et seq. of the French Civil Code.
In accordance with article 1368 of the French Civil Code, the Customer accepts that the time-stamping elements implemented, the Site procedures by which he/she expresses his/her consent (e.g. by ticking the corresponding boxes), and in general, all elements created and/or exchanged on the Site (e.g. proof of connections, computer recordings and other identification elements), are admissible before the Courts and constitute proof of the data, elements and signatures that they materialize, contain and/or express.
Article 14 - Archiving
Contracts resulting from Orders placed on the Site and from these General Terms and Conditions of Sale are archived by C2S.
In accordance with article L.213-1 of the French Consumer Code, contracts relating to orders on the Site for a sum equal to or greater than €120 are kept for a period of 10 years from the date of delivery to the Customer of the Product(s) covered by the order concerned.
The Customer may access them at any time upon written request to C2S. C2S will do its utmost to provide the Customer with a copy of the contract concerned within one (1) month of receipt of the request.
Article 15 - Applicable law - Jurisdiction
These General Terms and Conditions, the Product orders placed on the Site which they govern and the use of the Site by the Customer are governed by French law.
In accordance with Articles L. 611-1 et seq. of the French Consumer Code, the Customer has the option of directly resorting to a conventional mediation procedure for any dispute that may arise with C2S.
To this end, the Customer may use the services of the following mediator appointed by C2S: c2s@c2sshirt.com.
To use this mediation procedure, the Customer must first send his complaint to C2S by registered letter with acknowledgement of receipt.
In the absence of a satisfactory response within one month, the Customer may refer the matter to the above-mentioned mediator in accordance with the procedures laid down by the latter.
This mediation is free of charge for the customer, with the exception of any legal or expert fees, which will remain at the customer's expense.
In accordance with article L. 611-2 of the French Consumer Code, the dispute cannot be examined by the mediator when :
- the Customer does not justify having previously attempted to resolve the dispute directly with C2S by means of a written complaint in accordance with the terms and conditions set out in the contract, where applicable,
- the request is manifestly unfounded or abusive,
- the dispute has been or is being examined by another mediator or by a court,
- the Customer has lodged a claim with the mediator more than one year after submitting a written complaint to C2S,
- the dispute does not fall within its jurisdiction.
Furthermore, in accordance with Article L. 616-2 and Article 14 of European Regulation No. 524/2013 on the online settlement of consumer disputes, the Customer may have recourse to the online mediation system offered by the Online Dispute Resolution platform by logging on using the following link: https://webgate.ec.europa.eu.
The dispute may also be brought directly, or failing resolution through mediation, before the competent court in application of the rules of jurisdiction in force.
Article 16 - Mandatory information for consumer customers
Pursuant to article L.217-15 of the French Consumer Code, articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the French Civil Code, are reproduced below, provisions of which the Customer expressly acknowledges having read prior to ordering.
ARTICLE L.217-4 OF THE CONSUMER CODE :
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.
ARTICLE L.217-5 OF THE CONSUMER CODE :
To conform to the contract, the good must :
1° Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
ARTICLE L.217-12 OF THE CONSUMER CODE :
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
ARTICLE 1641 OF THE CIVIL CODE :
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
ARTICLE 1648 OF THE CIVIL CODE :
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.