General Terms and Conditions of Sale
1. LEGAL NOTICES
The website www.asphalte.com (hereinafter, the 'Website') may be accessed by anyone using the Internet.
It is published by:
The company Six et Sept (hereinafter, 'Six et Sept'), a simplified joint stock company with a share capital of €8,726.40 euros, whose registered office is at 27Bis rue Duret, 75116 Paris. Said company is included on the Corporate and Trade Register of Paris under number 534 247 416 and its EU VAT number is FR 08534247416.
Publications Director: Rodolphe Gardies
It is hosted by: OVH
The Website allows Six et Sept to offer items of clothing (hereinafter, the 'Product(s)') for purchase by persons browsing the Website (hereinafter, the 'Customer(s)').
The Website also allows Products to be pre-ordered. When placing a pre-order, the Customer acknowledges that if the target for the number of pre-ordered items indicated in the information for each Product is not reached by the maximum pre-order date, they will be refunded for the full amount they have paid, and the pre-order Product will not be manufactured. As production is limited, if the Customer purchases a Product that is in stock, they accept that they may not change the size after receiving it. If the Customer requests a refund for a pre-order or an order involving a Product in stock, the refund procedure will be triggered as soon as the item in question is received by Six et Sept. By placing a pre-order or an order involving a product in stock (hereinafter, the 'Pre-Order(s)' and 'Order(s)') on the Website, the Customer confirms they have read, and unreservedly and irrevocably accept, the present General Terms and Conditions of Sale (hereinafter, the 'T&C'). As such, the Customer confirms they have been made perfectly aware of the fact that their acceptance of the present T&C does not require this document to be physically signed when purchasing any of the Products available on the Website. The customer confirms they are able to enter into the present contract, i.e. that they are of legal age, this being eighteen (18) years old, and do not have a legal guardian. The parties agree that their relationship will be governed solely by the present T&C.
Six et Sept reserves the right to adapt or make changes to the present T&C at any time. It is agreed that if changes are made to the T&C, the version of the T&C governing an Order or Pre-Order will be that published on the Website on the day said Order or Pre-Order is placed.
The present General Terms and Conditions of Sale (hereinafter, 'the T&C') apply to all Orders and Pre-Orders placed on the website www.asphalte-paris.com (hereinafter, the 'Website') involving products made available for purchase on said Website (hereinafter, the 'Product(s)') by Six et Sept, a simplified joint stock company with a share capital of €6,767 euros, whose registered office is at 27 rue Duret, 75116 Paris. Said company is included on the Corporate and Trade Register of Paris under number 534 247 416 and its EU VAT number is FR 08534247416 (hereinafter, 'Six et Sept'). Six et Sept reserves the right to adapt or make changes to the present T&C at any time. The version governing an Order or Pre-Order is that published on the Website the day said Order or Pre-Order is placed.
By placing an Order or Pre-Order on the Website, the Customer confirms they have read, and unreservedly and irrevocably accept, the present T&C. As such, the Customer confirms they have been made perfectly aware of the fact that their acceptance of the present T&C does not require this document to be physically signed when purchasing any of the Products available on the Website. The Customer confirms they are able to enter into the present contract, i.e. that they are of legal age, this being eighteen (18) years old, and do not have a legal guardian.
In accordance with Article L111-1 of the French Consumer Code, Six et Sept includes the features of the Products on its Website. As such, before placing their Order or Pre-Order, the Customer is able to find out about the key features of the Product(s) they wish to purchase.
Products in stock on the Website will only be available for as long as stock lasts.
Pre-order Products on the Website must be pre-ordered by the date indicated and are limited to the number of items to be produced. Photos of Products are intended for reference purposes only. These photos, in addition to the texts accompanying the Products, have no contractual value.
The prices on the Website are given in euros and include VAT. They are only valid on the date the Order or Pre-Order is placed by the Customer. Six et Sept reserves the right to change these prices at any time and without warning. However, the Customer will be charged the price current at the time when they place their Order or Pre-Order.
Prices do not include delivery costs, which are charged separately. Such costs are detailed before the Customer confirms their Order or Pre-Order. Prices include VAT at the rate applicable on the date the Order or Pre-Order is placed, with any change to the rate of VAT being automatically reflected in the prices of the Products on the Website. Orders and Pre-Orders must be paid for in full when placed. Under no circumstances may amounts paid be considered a deposit. These prices are guaranteed, except in the event of typographical or printing errors.
The prices of Products to be shipped outside the European Union and French overseas departments and territories (DOM-TOM) will exclude VAT. In such cases, the Customer is considered to be importing the Product(s) in question. Where customs duties, import taxes or similar are applicable due to the geographical destination of the Product(s), these must be paid by the Customer. As such, the Customer is advised to check this and complete any necessary formalities before placing their Order or Pre-Order.
Products must be paid for in euros on the day the Order or Pre-Order is placed. There is one payment method for allowing Customers to pay for their Order or Pre-Order, namely:
Credit or debit card. To pay by credit or debit card, the Customer must give their card number, its expiry date and the CVV number on the back. In order to ensure online payments are secure, the Customer is taken to a payment platform provided by the company Stripe, which ensures the collection of payment information and payment itself is secure. The Customer expressly acknowledges that by giving their credit or debit card number to Six et Sept through the company Stripe, they authorise it to be charged for the Products ordered or pre-ordered.
The following cards are accepted: Visa, Mastercard, American Express, Discover, Diners Club and JCB.
Regardless of the payment method used, Six et Sept will cover the bank charges that are occasionally applied by banks, up to the amount of the processing fees charged by the company Stripe. All payments are made via Stripe. The Customer will be charged for all other costs, regardless of their nature.
Six et Sept reserves the right to suspend or cancel any Order or Pre-Order, as well as delivery, if payment by credit or debit card is declined or payment is not made in full. In particular, Six et Sept reserves the right to refuse to deliver Products or fulfil an Order or Pre-Order where the Customer in question has failed to pay for a previous Order or Pre-Order in full or in part, or where there is an ongoing dispute relating to payment.
Products delivered remain the property of Six et Sept until payment is made in full. The Customer becomes responsible for the Products upon delivery.
Electronic records kept on IT systems belonging to Six et Sept will be considered proof of correspondence, Orders, Pre-Orders and payments involving the parties, said records being protected using reasonable security measures. Order and Pre-Order records and invoices are kept on a reliable and durable means of storage, and may be used as proof where necessary.
Payment in instalments with Alma. By paying for your Order or Pre-Order in instalments, you confirm you accept the General Customer Terms and Conditions of Alma. In particular, you may only pay for purchases in instalments where the total amount is between €1 and €2,000.
5. ORDERS AND PRE-ORDERS
Orders and Pre-Orders are confirmed when the Customer clicks on the "Place my order" button.
By placing an Order or Pre-Order, the Customer confirms they accept the T&C and the key features of the Product(s) in question.
When an Order or Pre-Order is received, a confirmation email with details of it (Product(s), price(s), availability of Product(s), quantity(ies), etc.) is sent to the Customer by Six et Sept. For this purpose, the Customer gives their consent for Six et Sept to send them an email confirming and giving details of their Order or Pre-Order. In any case, a printed invoice is sent out with all Orders
In the case of Pre-Orders, amounts paid in advance by the Customer do not represent a deposit, within the meaning of Article 1590 of the French Civil Code.
SIf the minimum target for a Pre-Order campaign is not reached, Six et Sept will contact the Customer at the end of the campaign to inform them that production will not go ahead and they will receive a refund.
In such cases, Six et Sept must refund the Customer within fourteen (14) days from when their Pre-Order is cancelled.
In terms of Orders involving Products that are in stock, these are processed within 7 days from the day after they are placed by the Customer. If a Product ordered is not available, including where this is caused by an issue with a supplier, the Customer will be informed of this as soon as possible and will be given the option of cancelling their Order. The Customer may then choose a different Product within a maximum of fifteen (15) days from being informed of the above, or opt for a refund.
Refunds will be made within fourteen (14) days from when the Order is cancelled.
6.1 Delivery Address
Products are shipped to the delivery address given by the Customer. This may be the home address of the Customer or any other individual of their choice, providing the details of said address are given correctly when the Order or Pre-Order is placed. The delivery address may not be a hotel or post office box.
The Customer must ensure the personal details they are required to provide are accurate and complete. In the event of the contact details of the recipient not being correct, Six et Sept may not be held liable for being unable to deliver the Product(s) in question.
6.2 Delivery Times
Delivery times are given during the Order or Pre-Order process. These are approximate, given in business days and represent average processing and delivery times.
The Customer acknowledges that, in the case of Pre-Orders, delivery times are longer. The estimated delivery time is given in the product information when making a purchase, and in the Order or Pre-Order confirmation email. In terms of Pre-Orders, delivery times depend on the time needed to manufacture the Product(s) in question, as well as the number of items to be produced.
Six et Sept may not be held liable for the consequences of a delay in delivery which is beyond its control or is caused by force majeure.
6.3 Receiving Products
Products are deemed to have been delivered once they have been handed over to the Customer by the courier, this being recorded on the system used by the latter.
Upon receiving the Product(s), the Customer must check the condition of their packaging and indicate any damage caused by the courier on the delivery slip, as well as inform Six et Sept of this within three (3) days of delivery, by sending an email to email@example.com or a message using the contact form on the Website.
The Customer may request to have their invoice sent to the billing address and not the delivery address.
Delivery costs shall be paid by the customer regardless of the country of delivery (including France). Return costs shall be covered by Six et Sept where the Customer chooses to exercise their right of withdrawal or in the event of a lack of conformity, except where the delivery address is not in France. This means that we will cover all return costs where the delivery address is in France, but will only cover international return costs in the event of non-conforming Product(s).
7. LEGAL GUARANTEE
Six et Sept is liable for any lack of conformity present when a Product is delivered, in accordance with the conditions laid out in Article L217-4 et seq. of the French Consumer Code.
Any Customer wishing to invoke the legal guarantee of conformity should bear in mind the following:
- They have two years from when the Product is delivered to take action.
- They may choose between having the Product repaired or replaced. However, in accordance with Article L211-19 of the French Consumer Code, Six et Sept will be unable to respect the choice of the Customer if this involves a clearly disproportionate cost compared to the alternative, taking into account the value of the Product and/or the significance of the lack of conformity. In such cases, Six et Sept will proceed with the option not chosen by the Customer, provided this is possible.
- They are not required to provide proof of the lack of conformity of the Product for twenty-four months after delivery.
twenty-four months after delivery. This legal guarantee of conformity applies irrespective of any commercial guarantee offered.
The Customer may decide to invoke the guarantee against hidden defects for a Product sold (within the meaning of Article 1641 of the French Civil Code) which render it not fit for purpose or diminish its purpose so much that if the Customer had been aware of said defect(s), they would not have purchased the Product, or would only have purchased it at a lower price. In such cases, the Customer may choose to either rescind the sales contract or receive a discount on the price, in accordance with Article 1644 of the French Civil Code.
Action relating to a redhibitory defect must be brought by the Customer within two years of discovering it.
8. RIGHT OF WITHDRAWAL (COOLING-OFF PERIOD)
By virtue of Article L221-18 et seq. of the French Consumer Code, the Customer has fourteen (14) clear days from when their Order is delivered to exercise their right of withdrawal.
This period begins when the Product in question is received by the Customer.
Along with their request to exercise their right of withdrawal, the Customer must send a copy of the invoice or any other document which includes the details of the Order and Customer in question.
Only Customers of Six et Sept may exercise this right, to the exclusion of all other persons and in particular persons who are recipients but not Customers (as may be the case with gifts).
9. RETURN AND REFUND PROCEDURE
The Customer must let Six et Sept know they wish to exchange or return a Product using the contact form on the Website. A copy of the withdrawal form is sent out to the Customer with their Order.
Products must be returned by the Customer within fourteen (14) days from when they inform Six et Sept they wish to exercise their right of withdrawal.
In order to exchange a Product, receive a refund or be issued a voucher for the full amount, the Customer must return it in its original packaging or equivalent, and in perfect conditions (allowing it to be resold and without having worn or washed it).
If the Product is lost or damaged while being returned, the Customer will be responsible for this.
Products which are not returned within the period and in the conditions detailed above will not be refunded or exchanged by Six et Sept.
Products must be returned to:
DAT SYMPL pour Asphalte
Zone Industrielle de Moimont
1 Rue Jean Jaurès,
In accordance with Article L221-24 of the French Commercial Code, Six et Sept undertakes to issue refunds for Orders and Pre-Orders within fourteen (14) days. This period begins on whichever of the following dates comes first: (i) the date on which the returned Product is received by Six et Sept, or (ii) the date on which proof the Product has been sent by the Customer is received by Six et Sept.
Refunds will be made to the credit or debit card used by the Customer to pay for their Order or Pre-Order. If you have changed banks, remember to give your new account details to your old bank.
10. APPLICABLE LAW
The present T&C are subject to French law. In the event of a dispute or complaint, the Customer must first contact Six et Sept in order to reach an amicable solution.
The Customer is informed that they may use the free mediation services of an ADR (Alternative Dispute Resolution) provider in order to find an amicable solution to a dispute with the help of a professional. The mediation services of a consumer ADR provider may be used for all national and international disputes between a consumer and trader relating to the performance of a sales or service provision contract.
An ADR provider may be chosen from the list available on the French ADR provider website (click here), or by using the EU's Online Dispute Resolution (ODR) platform, which provides information on dispute resolution bodies (click here)
Applications may not be accepted by an ADR provider where:
1° The Customer is unable to show they have attempted to resolve the dispute directly with Six et Sept by way of a written complaint which fulfils all requirements in place for this purpose.
2° The dispute is clearly unfounded or abusive.
3° The dispute has been examined or is currently being examined by another ADR provider, or by a court or tribunal.
4° The consumer has submitted their application to the ADR provider more than a year after sending a written complaint to Six et Sept.
5° The dispute does not fall within their field of expertise.
ADR providers have three weeks from receiving a case in which to inform the consumer concerned if they are refusing to deal with it.
In the absence of mediation services, disputes will be referred to the courts or tribunals within whose geographical jurisdiction the company's registered office lies.
11. REFERRAL PROGRAMME
Eligibility: this referral programme is open to Asphalte customers who have a customer account and have placed at least one Order or Pre-Order on the Website.
Duration of the referral programme: you can begin referring your friends and family from 13 September 2019. This promotion will run for as long as Six et Sept decides.
The unique code provided may only be used for personal and non-commercial use. This means that you can share your code with friends on social media accounts where you are the main owner of the content. However, it must not be shared publicly on a website where you are a contributor and not the main owner of the content (for example Wikipedia or a coupon website). Promoting your referral code using a search engine (e.g. Google, Yahoo, Bing, etc.) is also forbidden.
The referral credit you receive as part of this referral programme is subject to the normal terms and conditions for placing Orders and Pre-Orders, as well as the T&C detailed above. This referral credit cannot be exchanged for cash and is non-transferable.
Any attempt to tamper with the system or use Asphalte referral credit through a third party or group, a macro, a script, brute force, the masking of your IP address, the use of a fraudulent identity or any other automated means (including any system designed to access others) will invalidate the referral credit in question and may lead to the account being closed.
If, for any reason whatsoever, referral credit becomes invalid due to a technical fault or any other reason beyond the control of Six et Sept, we reserve the right (in accordance with all applicable legal provisions) to cancel, suspend or make changes to said referral credit, as well as not issue new referral credit to Customers who are effected.
Six et Sept reserves the right to take all reasonable action, whenever needed, to protect itself from fraud or invalid referral credit being used, including but not limited to carrying out thorough checks in terms of the identity, age and or other information about a Customer.
By participating in this referral programme, you confirm you accept these general terms and conditions, and will be bound by them.
The organiser : Six et Sept, 10 rue Thérèse, 75001 Paris.
12. DATA PROTECTION
In order to provide the services offered by the Website, Six et Sept may need to process your personal data, particularly the personal data provided when you register or place an Order or Pre-Order on the Website.
Only personal data belonging to the Customer which is strictly necessary for processing their Order or Pre-Order and allowing the commercial relationship with them to be maintained and followed up, as well as personal data required for internal statistical purposes, will be collected. This data may be shared with the companies which intervene in said relationship, such as those which provide any of the services on the Website (e.g. the payment platform) or allow Six et Sept to fulfil Orders or Pre-Orders (e.g. couriers). This data is also kept for purposes relating to security and identification, as well as for improving and customising the services offered.
The Customer has the right to access their personal data, have it rectified and object to its processing at any time, in accordance with the conditions established in French Law of 6 January 1978. In order to do this, they must send an email to firstname.lastname@example.org, and their request will be processed immediately.
Six et Sept may send the Customer marketing material relating to Products or services similar to the ones they have previously ordered or pre-ordered, as well as newsletters. The Customer has the right to object to further processing at any time and free of charge by clicking on the 'Unsubscribe' link included in each email.