GENERAL CONDITIONS OF USE AND ONLINE SALE
03/09/2017
Object
These general terms and conditions of sale aim to define the rights and obligations of SASU The Collection Group (hereinafter, the "Company") and the Customer of "Neuvième Ciel" products on the site "www.neuviemeciel.fr". They apply exclusively between The Collection Group, SASU with capital of €1,000 registered under the unique number 828 687 459 RCS, whose head office is located at 53, rue Legendre 75017 Paris, France and any individual consumer visiting or making a purchase via said Site (hereinafter "the Customer").
On the Site, THE COLLECTION GROUP allows the Customer to order clothing and accessories online, in accordance with the general conditions herein.
Each order placed with THE COLLECTION GROUP results in the unreserved acceptance by the Customer of these conditions. These general conditions may be modified without notice and when the Company so wishes by THE COLLECTION GROUP, the applicable conditions being those in force on the date of the order by the Customer.
These general conditions of sale are permanently accessible at the following address:
https://www.neuviemeciel.fr/conditions-generales-de-vente/ in a computer format allowing their printing and/or downloading, so that the Customer can reproduce or save them.
Products and compliance
The Products offered for sale are presented on THE COLLECTION GROUP website and accompanied by a description.
The Products offered by THE COLLECTION GROUP comply with the standards applicable in France.
Elements such as photographs, texts, graphics and all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
The Customer has for each Product a description including the essential characteristics of the Product concerned.
Customer Obligations
The Customer declares that he/she is of legal age (over 18 years old) and has the legal capacity or holds parental authorization allowing him/her to order a product on the Site.
The Customer undertakes to provide THE COLLECTION GROUP with the real and necessary information required to carry out the service subject to these conditions as requested online and according to their situation, in particular their last name, first name, address, telephone number and valid e-mail.
The Customer is responsible for the consequences resulting from information transmitted that is false or inaccurate or whose use would be unlawful.
Once the order has been placed, THE COLLECTION GROUP sends the Customer an e-mail confirming the order. It provides information on the shipping of the product.
The Customer can make changes to his data in the “my account” section.
Price, availability and delivery
The prices visible on the Site are given in euros, all French taxes included (French VAT and other taxes that may be applicable), excluding shipping costs, participation in order processing costs and packaging costs.
The shipping costs, contribution to order processing costs and packaging costs will then be detailed in the Customer's basket, before the final validation of the order.
Products delivered to countries outside the European Union are not subject to VAT.
Prices may be modified, increased, or decreased at any time, particularly due to sales or promotional periods.
The cost of telecommunications transmissions resulting from the conclusion and/or execution of these presents remains the responsibility of the Client.
An order containing multiple items, one of which is pre-ordered, will be shipped together with the shipment of the pre-ordered item (once it is back in stock).
In the event of a dispute over a previous order, THE COLLECTION GROUP has the right to cancel or refuse an order.
THE COLLECTION GROUP can honor any order within the limit of available stocks.
If, despite all the efforts of The Collection Group to monitor the quantities of stock available and to regularly update them on the site, one of the products ordered by the Customer is unavailable, The Collection Group will send an e-mail to the Customer as soon as possible to notify them of this situation and may not be held liable under any circumstances, and will not result in any compensation or damages to the Customer, regarding this unavailability.
In the event of unavailability, Le Groupe Collection will offer the customer an item equivalent in terms of price. If none of the products offered to the Customer suits him, the latter may cancel his order.
In the event of permanent unavailability, and if THE COLLECTION GROUP could not offer an item of equivalent price to the Customer, his order will be automatically cancelled.
The customer, after adding the item he wishes to purchase to his basket and clicking on "buy" undertakes to ensure his solvency before any order. In the event of insolvency, THE COLLECTION GROUP has the possibility to cancel or suspend any order or delivery.
THE COLLECTION GROUP delivers its Products in Metropolitan France including Corsica, Germany, Australia, Austria, Belgium, Brazil, Canada, China, Cyprus, South Korea, Denmark, Spain, Estonia, the United States, Finland, Great Britain, Guadeloupe, French Guiana, Ireland, Iceland, Israel, Italy, Japan, Laos, Luxembourg, Malta, Martinique, Mayotte, Mexico, Monaco, Norway, New Caledonia, New Zealand, the Netherlands, French Polynesia, Portugal, Reunion, Saint Pierre and Miquelon, Singapore, Slovenia, Sweden, Switzerland, Taiwan and Thailand.
Delivery is made to the address provided by the customer. It is not possible to deliver to PO boxes or hotels.
Delivery times are indicated on the site when ordering.
To ensure that this deadline is met, the customer must provide The Collection Group with the exact delivery location information (building number, street number, exact street name, postcode, city, stair number, access codes, first and last names on intercom).
Any delay due to an incomplete or imprecise address provided by the customer, proven by The Collection Group, does not in any way make The Collection group responsible for this delay.
In the event of force majeure or an unforeseeable event, The Collection group would not be responsible for any possible delay.
If the package arrives damaged or with missing products or already opened, The Collection group is asked to take precautions, by whatever means, up to three days after receipt of the products.
Delivery costs may be fixed and may be higher or lower than the actual delivery costs. The Company reserves this right in order to limit differences in delivery costs between different orders.
Payment
Payment is secure. THE COLLECTION GROUP will never be in possession of its Customers' bank details. It can be done by credit card only.
The Collection group may cancel an order at any time when the customer's IP address is located in a country other than the billing country.
The Collection group only accepts international cards, for cards domiciled outside France.
The amount of the order is debited at the time of ordering when the customer pays by credit card.
It is understood that The Collection Group is authorized to debit the customer's account as soon as the customer has simply given his bank card, for the amount of his order.
Customs duties
For an order outside France, customs duties may be applied and they will be the responsibility of the customer and he is responsible for them when the package reaches its destination.
The Collection Group is not required to inform the customer of these applicable customs duties. It therefore strongly recommends that the customer inquire in advance with the relevant authorities.
Product Returns and Right of Withdrawal
In order to exercise his right of withdrawal, the customer has, from receipt of the product, 14 days to withdraw.
While respecting this right of withdrawal, the customer can request a return or exchange of one of his products during these 14 days. To do this, he must send an email to contact@neuviemeciel.fr informing of his intention to return and wait for validation before returning.
An email will then be sent to the customer informing them of the process if the return or exchange of the order is accepted.
The return must be made within one week after acceptance of the return, in the packaging used for sending and the product must be new, unwashed, unworn, with its label attached to the product, accompanied by a copy or original of the invoice to the following address: Neuvième Ciel (boutique), 53 rue Legendre, 75017 Paris.
The Customer is responsible for the risks associated with returning their package. It is recommended to take out additional insurance or to send the package by Colissimo with signature upon receipt or any other form allowing them to be compensated up to the value of the items in the event of loss, theft or damage.
Proof of return may be requested from the customer at any time.
The return costs are to be borne by the customer. He is free to choose the return method but we strongly advise him Colissimo with signature upon receipt. And we advise the customer to take out insurance when shipping the package to protect against possible theft or loss of the package by the carrier. Despite this advice, if the package has not been received, The Collection Group will not be able to refund the package not received, nor even refund the shipping costs for the return of this package. The only proof of receipt of the package is the signature upon receipt in the event of a dispute.
Special case: if an error (error in the order: wrong item sent or defect in the item) comes from The Collection Group, the Company may cover these return costs. To do this, it will be requested to send the invoice (scanned) by email so that it is reimbursed for these return costs.
If after one week (after sending the return authorization email), The Collection Group has not received the return, the latter is canceled.
The product will be refunded within 15 working days (excluding public holidays and school holidays) once The Collection Group has received the item. This refund does not include return shipping costs and will be made to the card used for payment.
For a size change, the item must be returned, refunded and the customer will have to place a new order for the new size.
If the customer has not respected these conditions, in particular exchange or return, The Collection Group will not refund the product in question.
Gift vouchers
THE COLLECTION GROUP offers GIFT CARDS (gift vouchers) valid for 1 year from the date of purchase and on a single order. The customer can spend them on the site by credit card.
If the order amount is less than the GIFT CARD amount, the difference will not be refunded.
The Customer will have to pay the shipping costs.
Any gift certificate won during a competition or other brand promotion must be used without shipping costs (the winner must bear the shipping costs) .
Any product purchased with a gift card cannot be returned for refund. Only an exchange or credit can be granted to the customer. The new shipping costs will be borne by the customer.
Any gift won as part of a competition via social networks cannot be extended.
Newsletters
Any person registered on the Site may subscribe or unsubscribe to THE COLLECTION GROUP newsletters. They may unsubscribe by sending an email to contact@neuviemeciel.fr
Retention of title
Until final and full payment of the order, The Collection Group remains the owner of the Neuvième Ciel products.
Guarantees and liability
THE COLLECTION GROUP will not be held responsible in any way for damage, intrusions, viruses, linked to the internet network, or any event known as “force majeure”.
Intellectual Property
No part of the site and in particular what it contains: photos of models, graphics, videos, images, Journal articles, description, product names, name of the site, must be reproduced, downloaded, or modified.
No part of the site or site may be copied, sold, reproduced or exploited for commercial reasons without having obtained express written permission from The Collection Group Company.
In general, all copyrights, trademarks and other distinctive signs as well as property or intellectual property rights appearing on the Site must remain the full and entire property of THE COLLECTION GROUP or its partners/suppliers.
The Customer may therefore not, under any circumstances, use the brand name, models, logo, or any other graphic element appearing on the site and the products or derivative products or register a trademark that would infringe the rights holder, except in the case of contractual authorization. He must respect intellectual property rights.
Protection of personal data
THE COLLECTION GROUP undertakes to use Customers' confidential information only in the context of operating its Site.
The customer acknowledges being aware that the personal data previously recorded by the site will be subject to computer processing for the proper execution of the order.
Technical service providers or partners of The Collection group may therefore have access to this data.
The use of Customers' contact details will be made in accordance with the expression of preferences during registration.
The Customer may refuse the possible transfer to a third party of personal data concerning him/her, which may result in the cancellation of the order due to the impossibility of processing it.
In addition, THE COLLECTION GROUP may use techniques to transmit non-personal information relating to Internet users in order to improve the operation of the site (e.g. the number of visitors per page)
In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has a right to access and rectify personal data concerning him/her contained in THE COLLECTION GROUP files. Any request must be sent by e-mail to: contact@neuviemeciel.fr or by post to the following address: THE COLLECTION GROUP 53, rue Legendre 75017 Paris.
This computer processing was declared to the National Commission for Information Technology and Civil Liberties (CNIL), which issued receipt no. 1421436 on March 30, 2010.
Force majeure
In the event of the occurrence of a force majeure event corresponding to the execution of these General Terms and Conditions, The Collection Group shall inform the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly provided for as cases of force majeure or fortuitous events, in addition to those usually retained by the case law of French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties that may result in the normal execution of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
In the event of the occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.
The following are expressly provided for as cases of force majeure or unforeseeable circumstances: cases usually accepted by the case law of French courts and tribunals. All obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
Newspaper
THE COLLECTION GROUP publishes a Journal on its Site, at the address https://www.neuviemeciel.fr/journal/ where customers can post comments on the articles published by THE COLLECTION GROUP.
THE COLLECTION GROUP reserves the right to remove any content, including content that could violate the law, public morals, as well as any defamatory content.
The user can prevent THE COLLECTION GROUP from providing illicit content, contrary to good morals, by sending an email to the address contact@neuviemeciel.fr
General provisions
If any of the provisions of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other provisions.
These general conditions may be modified at any time and without notice by THE COLLECTION GROUP, the applicable conditions being those in force on the date of the order by the Customer.
These general terms and conditions of sale are permanently accessible at the following address: http://www.neuviemeciel.com/cgv.html in a computer format allowing them to be printed and/or downloaded, so that the Customer can reproduce or save them.
These general conditions are subject to French law concerning the substantive rules as well as the rules of form. An amicable settlement will be preferred to resolve any dispute.