Terms of sale
www.each-other.com (hereinafter the “Websites”) are published by the company Hundred and Fifty, a French “Société par actions simplifiée” with a share capital of 1.040 euros, with a registered office situated 46 rue Decamps Paris, France, registered with the Paris Company and Trade register under no. 894 819 481, with an intra-community VAT no. FR42894819481 (hereinafter “Hundred and Fity” or the “Company”).
I – GENERAL PROVISIONS
The General Terms and Conditions of Sale detailed below apply to all orders placed with Hundred and Fifty for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the Website.
Hundred and Fifty reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.
II – WEBSITE’S INFORMATION AND ACCESS
www.each-other.com is an e-commerce merchants managed by Hundred and Fifty.
The Websites are available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by Hundred and Fifty or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognized by the French courts. Hundred and Fifty is not liable for any damage incurred by an unavailability of the Websites.
Hundred and Fifty does not make any promises about the availability or accessibility of the Websites or guarantee that the access to the Websites, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Hundred and Fifty may be obliged to partially or totally suspend access to the Websites temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
Hundred and Fifty reserves the right to update the Websites, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III – SUBSCRIPTION TO THE WEBSITE
To place an order, the client shall at first create a personal account by filling its personal data (the “Personal Account”) or registered as a Guest.
By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, Hundred and Fifty shall not be held liable in case of any inability to deliver the products ordered.
In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to Hundred and Fifty’s payment provider. Hundred and Fifty reserves the right to refuse any request or order and to close an account at its sole discretion.
IV – PRODUCTS
The products offered for sale are those described and available on the Websites, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of Hundred and Fifty. Hundred and Fifty cannot be liable in case of an order cancellation because of stock depletion.
Hundred and Fifty takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the Websites, which the client acknowledges and agrees to.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Websites, the client may either exercise his right of withdrawal, or implement the Hundred and Fifty guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
V – ORDER
Acceptance of an order placed on the Websites are subject to compliance with the procedure put in place by Hundred and Fifty, expressed by a succession of different stages that the client shall follow in order to validate their order.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by Hundred and Fifty. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company Hundred and Fifty. In any event, the invoices are available in the 'my account’ section.
VI – ORDER REFUSAL
Hundred and Fifty reserves the right to remove at any time any product displayed on the Websites and/or to replace or modify any content or information related to any product. Despite the best efforts of Hundred and Fifty to satisfy the client expectations, Hundred and Fifty may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
Hundred and Fifty cannot be held liable to the client or a third party in case of the removal of a product from the Websites, and in case of the replacement or modification of any content published on the Websites or refusal of an order after having confirmed it by email.
Hundred and Fifty reserves the right to refuse or cancel any Order placed by a client with whom Hundred and Fifty has currently a dispute concerning the payment of a previous order or an objective suspicion of fraud.
VII – PRICES AND TERMS OF PAYMENT
Price are mentioned in the Websites in Euros and US Dollars for United States of America or any V.A.T. applicable in the delivery country located in European Union. Prices includes V.A.T. but excluded any customs duties and other taxes.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
Hundred and Fifty reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via PayPal, or via the secure platform provided by our partner Shopify Payments. The client expressly acknowledges that disclosure of their bank card number to Hundred and Fifty gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by Hundred and Fifty to the email address registered by the client.
Client may at its discretion save its payment card details for next purchase. Such information is kept and processed by Shopify Payments. Hundred and Fifty will never keep payment card details.
The data recorded and kept by Hundred and Fifty constitutes proof of the order and all previous transactions. The data recorded by PayPal or Shopify Payments constitutes proof of the financial transactions.
Note: our e-commerce transactions are processed in and shipped from France. Hence, some international banks or credit cards charge a foreign transaction fee for online purchases from online stores based in the European Union. Each Other does not charge such fee. Please contact your bank or credit card company before purchasing to confirm, and email email@example.com for any questions.
VIII – DELIVERY
Deliveries are carried out by Chronopost, DPD, Paack, B2C Europe, Fedex, UPS or DHL, Monday to Saturday, depending on the option chosen by the client at the time of validating their order.
Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the client’s residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to Hundred and Fifty which reimburse the Client within five (5) days of the products’ receipt by Hundred and Fifty.
Orders are shipped within 12 business days at most for a Delivery in metropolitan France and 20 business days for an International Delivery, from the first business date after the confirmation of the Order. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection and from November 23 to December 31, considering the significant increase of the orders volume.
Hundred and Fifty cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
If the delivery time is exceeded and is not justified by a case of force majeure, the client may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the Order. Hundred and Fifty cannot be liable of any direct or indirect damage resulting from delay of delivery.
- RIGHT – RETURNS & REFUNDS
9.1 Withdrawal right’s duration and conditions
Any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
In such case, the client must fill the return form available in their personal account in the orders section, either send the withdrawal form available at the end of the T&C’s to Hundred and Fifty at firstname.lastname@example.org. The return request will be confirmed by Hundred and Fifty to the client by email. The client must follow the procedure mentioned into the email confirmation.
9.2 Return conditions in case of the use of the withdrawal right
The products must be returned to Hundred and Fifty within 14 days from the use of the withdrawal right by the client. After such 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it.
Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk.
Return is free-of-charge if the order was placed from : Europe, USA and United Kingdom.
In such case, the customer should request prepaid shipment label to email@example.com in order to facilitate the reimbursement of the order. In all cases, the expenses of returning the product are not covered by Hundred and Fifty if the product delivered is damaged or different from the product ordered.
If the client does not adhere to these terms and conditions, including conditions of return or exchange, Hundred and Fifty cannot proceed to refund the products in question.
A refund by Hundred and Fifty for the order returned is made within 14 days by the communication by the client of the withdrawal right, subject to the receipt of the Products and its excellent condition.
Repayment will be made through the same payment means used to pay the Order. If the payment means is expired, the Client shall contact the customer service to update the payment means. Hundred and Fifty can not be liable if the repayment is made on an expired payment means. The repayment of an order paid by gift card or a voucher will always be by voucher.
- GUARANTEES AND RESPONSIBILITY
Hundred and Fifty’s liability related to the Products is limited to the sale price of each product. Hundred and Fifty will not be responsible or liable for any following losses, whenever its cause:– Loss of benefit or sales– Loss or revenue– Loss of profits or contract or opportunity– Loss of expecting savings– Loss of data– Loss of business, management or administration time– Damage to the image– Lost chance and especially of sale or purchase of a product– Psychological damage.
Documents, details, descriptions and information related to the Products published on the Websites are not covered under any guarantee, express or implicit, except the guarantees provided by law.
Hundred and Fifty makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Websites or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Websites is done at client’s own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
Hundred and Fifty is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Websites; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.
According to legal regulations, Hundred and Fifty guarantees the clients against compliance and latent defects, under the following conditions:
Non-compliance, latent defects In case of visible defect of a Product, the client shall send a demand to firstname.lastname@example.org and according to the withdrawal right conditions detailed in section IX- reporting the defect in order for Hundred and Fifty to accept the return.
Subject to the confirmation of a non-compliance or a latent defect by Hundred and Fifty or the manufacturer, as the case may be, the client shall enjoy the following guarantees:
Hundred and Fifty, with a registered office located at 46 rue Decamps Paris, France, acting as a “guarantor” with the meaning mentioned in articles L217–5 and seq. French Code de la Consommation and articles 1641 and seq. of the French Code Civil. Therefore :
- The client may introduce an action resulting from lack of conformity lapses two years after delivery of the Product ;
- In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery;
- In the event of lack of conformity, the buyer shall choose between repair and replacement of the product, subject to the costs according to Article L217–9 of the French Code de la Consommation.
The legal guarantee of compliance applies regardless the commercial guarantee described below.
The Client may also introduce an action based on the latent defect as the meaning of Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the Client to ask for the repayment of a product which is not compliant with the use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.
The Client has the choice between two options: keep the Product and ask for a price discount or return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the French Code Civil.
Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here:
Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”
Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the client in the form of a sample or model; b) have the qualities that a client might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the client that has been brought to the notice of the seller and which the latter has accepted.”
Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”
Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the client would not have purchased it, or would only have offered a lower price for it, had they known of them.”
Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship. All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
- PARTIAL INVALIDITY
If any provisions of this T&C’s are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
XII. APPLICABLE LAW – MEDIATION AND JURISDICTION
These General T&Cs are governed by the laws of France.
In the event of a dispute between the customers and Hundred and Fifty concerning the interpretation, performance or termination of this T&C’s, Hundred and Fifty strongly encourages the client to contact the company in the first instance to attempt to resolve the disagreement amicably. Hundred and Fifty hereby notifies clients that there are alternative dispute settlement options such as mediation or arbitration. Clients might also contact the platform for amicable solutions as per European Commission available at http://ec.europa.eu/consumers/odr/;
If no amicable solution to the dispute is found, Hundred and Fifty and the customer agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
It should be noted that confidentiality of data exchanges is not guaranteed over the Internet, and that every internet user is required to take all appropriate measures to protect their own data and/or software from contamination of any possible viruses circulating on the Internet.
Hundred and Fifty, a French “société par actions simplifiée”, with a share capital of 1.040, registered with the Paris Company and Trade register under no. 894 819 481, with an intra-community VAT no. FR42894819481
III. DESIGN & PRODUCTION
Hundred and Fifty
- PERSONAL DATA AND COOKIES
In accordance with the provisions of the French Act No. 78-17 of 6 January 1978 relative to information technology, files and freedoms, the Website was the subject of a declaration to the CNIL (Commission Nationale Informatique et Libertés - French Data Protection Authority).