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General terms of sale and use

General Terms of Sale

  • ARTICLE 1: PURPOSE AND GENERAL INFORMATION
  • ARTICLE 2: ACCEPTANCE OF THE GENERAL TERMS OF SALE
  • ARTICLE 3: CONCLUSION OF THE CONTRACT ONLINE
  • ARTICLE 4: PRICES AND MEANS OF PAYMENT
  • ARTICLE 5: GEOGRAPHICAL AREA
  • ARTICLE 6: PRODUCTS AND SERVICES
  • ARTICLE 7: DELIVERY RATES AND TIMES
  • ARTICLE 8: RETURNS
  • ARTICLE 9: WITHDRAWAL PERIOD
  • ARTICLE 10: COMPLAINTS
  • ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS
  • ARTICLE 12: FORCE MAJEURE
  • ARTICLE 13: REFERRAL PROGRAMME
  • ARTICLE 14: CUSTOMER SERVICE

ARTICLE 1: PURPOSE AND GENERAL INFORMATION

The General Terms of Sale (hereinafter the “GTS”) govern the conditions of sale of the products of WE DRESS FAIR (“the company”, “we”), on sale at https://www.wedressfair.fr/ (hereinafter the “Site”), published by the company WE DRESS FAIR, a simplified joint-stock company with share capital of 15,000 euros, whose registered office is at 4 rue des capucins, Lyon 69001, registered in the Trade and Companies Register of Lyon under number 2018B00203 and represented by Mr Antoine Coulaud.

Any natural or legal person, not a trader, wishing to purchase a Product is referred to as “the Customer” or “Buyer”. The person wishing to buy on the Site declares that they have full legal capacity. These GTS are available only in French, that version being the only valid one. The Customer may save and print them.

The products sold by WE DRESS FAIR are clothes and accessories from social enterprises, players of the social and solidarity economy or conventional companies selling responsible products, with the aim of promoting the social and/or environmental impact of these products.

We reserve the right to change certain elements of these general terms during the year, without notice. Please therefore check these GTS regularly to keep up to date with any changes. However, these new General Terms will not apply to transactions in progress at the time they come into force.

Any dispute concerning the provisions of the GTS shall be based on the version of the GTS in force on the date the dispute begins. Any disputes that may arise over the performance and interpretation of these general terms shall be brought before the courts of Paris, which shall have sole jurisdiction.

ARTICLE 2: ACCEPTANCE OF THE GENERAL TERMS OF SALE

The General Terms of Sale aim to define the rights and obligations of the Buyer and of the Seller, WE DRESS FAIR, but also the different steps of the ordering process on the Site.

WE DRESS FAIR informs you that it is not possible to buy goods without accepting the conditions set out below. The general terms of sale are accepted tacitly when the customer validates the order. By proceeding to payment, the user indicates that they accept these general terms without reservation.

The products offered for sale by WE DRESS FAIR are those that appear on the site https://www.wedressfair.fr/ under the Seller name WE DRESS FAIR. They must not be confused with the products of the other Sellers of the Marketplace (partner sellers). The products offered for sale by the Site comply with the French legislation in force and with the standards applicable in France.

ARTICLE 3: CONCLUSION OF THE CONTRACT ONLINE

The site is freely accessible without registration, but any order requires the purchaser to register. The following are mandatory: title, first name, last name, email, a password, telephone number and delivery address.

In accordance with the directives of the Direction de l'information légale et administrative and the Direction générale de la concurrence et de la consommation et de la répression des fraudes, we follow the steps for concluding a contract online. All the data accessible to the customer and the ordering process are available in French.

3.1 Placing the order

The Customer follows a series of steps specific to each product offered by the seller in order to place their order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product.; ➢ Choice of the Product, where applicable of its options, and indication of the Customer's essential data (identification, address…) ; ➢ Acceptance of these General Terms of Sale. ➢ Checking the elements of the order and, where applicable, correcting errors. ➢ Following the payment instructions, and payment for the products. ➢ Delivery of the products.

Under article 1369-5 of the Code civil, the electronic contract is validated according to the “double-click” principle, by which the Customer can first check the details of their order and its total price in order to be able to correct any errors, then confirm their order to express their acceptance.

3.2 Order confirmation

The Customer will then receive confirmation by email of the payment for the order, together with an acknowledgement of receipt confirming that the order has been taken into account.

3.3 Archiving of the contract after the order

The customer will receive a .pdf copy of these general terms of sale. For delivered products, delivery will be made to the address given by the Customer. For the proper performance of the order, and in accordance with article 1316-1 of the Code civil, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

ARTICLE 4: PRICES AND MEANS OF PAYMENT

Prices are stated in euros (€) and precisely set out on the product pages, all taxes included, excluding specific shipping costs. WE DRESS FAIR reserves the right to change the prices of products and of delivery, at any time for the future.

Payment data is kept neither by WE DRESS FAIR nor by the body in charge of the financial transaction. The price is collected immediately.

The information you give us when you place your order and pay by bank card is subject to automated data processing by our payment provider Payplug. The purpose of this automated data processing is to define a level of transaction analysis and to combat bank card fraud, identity theft and misuse of your identity.

Payplug and WE DRESS FAIR are the only recipients of the data relating to your order. Your card number is never transmitted or used as it is, but benefits from a secure encoding and encryption system. The highest security standards are applied to data storage and all comply with the Payment Card Industry Data Security Standard (PCI DSS). You may object to your data being disclosed, bearing in mind that not transmitting this data prevents your transaction from being carried out and analysed and will lead us to suggest another booking method.

To combat Carte Bleue fraud, a visual check of the means of payment may be carried out by the customer service of WE DRESS FAIR before the products are shipped.

Bank cards issued by banks based outside France must be international bank cards (Visa or Mastercard).

In the event of an error or if the card cannot be debited, the sale is immediately rescinded by operation of law and the order is cancelled.

WE DRESS FAIR also accepts éthi’Kdo, ethikpay and illicado gift cards as means of payment. If an order paid for, in whole or in part, with one of these means of payment is returned, the corresponding share is refunded under specific terms: the amount paid with an illicado card is credited back to the illicado card used for the order, while the amount paid with an éthi’Kdo or ethikpay card is refunded as credit added to the customer account.

ARTICLE 5: GEOGRAPHICAL AREA

The products and services are offered only in Metropolitan France, Germany, Austria, Belgium, Denmark, Spain, Ireland, Italy, Luxembourg, Portugal, the Netherlands, the United Kingdom. For logistical reasons, sales outside these geographical areas cannot be taken into account.

ARTICLE 6: PRODUCTS AND SERVICES

6.1 Availability of services

The essential characteristics of the goods and their respective prices are made available to the buyer on the company's website. The customer certifies that they have received the details of the delivery costs as well as the payment and delivery terms.

6.2 Availability of products

We undertake to honour the Customer's order only within the limit of the available stock of Products. If, exceptionally, the item ordered were no longer available, the buyer may either benefit from a credit note or be refunded the sums they paid without delay and at the latest within thirty days of payment.

6.3 Conformity of products

The items sold by WE DRESS FAIR are guaranteed new in accordance with the law in force and have in no case been previously used.

The parties agree that the illustrations or photos of the products offered for sale have no contractual value.

In accordance with the legal provisions on conformity and hidden defects, the Seller refunds or exchanges products that are defective or do not match the order. A refund can be requested as follows: contact our service at contact @ wedressfair.fr, which will be able to send you a prepaid Colissimo return slip. On receipt, we will proceed with an exchange, the creation of a credit note or a refund. If the product is returned without using the return slip, the shipping costs will be refunded to the card used for the initial payment of the order (with supporting document and on an economic basis).

6.4 Ownership clause

The products remain the property of WE DRESS FAIR until the price has been paid in full.

Embroidered products

Some products can be personalised with embroidery chosen by the Customer when ordering: position, text and/or icon, typeface and thread colour, from the options offered on the product page. The price of the embroidery is added to that of the product. It is shown before the product is added to the cart and is not affected by the discounts (discount codes, sales) applied to the product.

The Customer is solely responsible for the text they enter (spelling, accents, punctuation): the embroidery reproduces it exactly as entered. The preview shown on the site is an indicative simulation. The final result (dimensions, thread thickness, exact position) may differ slightly, as the embroidery is carried out by a partner workshop. WE DRESS FAIR reserves the right to refuse any personalisation that is contrary to the law, public morality or the rights of third parties, and in that case refunds the order concerned.

Embroidery extends the order's preparation time by the number of working days shown on the product page. The estimated delivery date shown when ordering takes this into account. An order containing an embroidered product is shipped in a single parcel, once the embroidery has been done.

An order containing an embroidered product can be cancelled, and refunded in full, as long as the product has not been handed over to the embroidery workshop. Once the embroidery has started, the embroidered product can no longer be cancelled or modified.

ARTICLE 7: DELIVERY RATES AND TIMES

The products purchased on the site are delivered only to Metropolitan France, Germany, Austria, Belgium, Denmark, Spain, Ireland, Italy, Luxembourg, Portugal, the Netherlands, the United Kingdom, Switzerland. For an international shipping request, you can send a specific request to our advisers, who will try to meet your needs: hello @ wedressfair.fr

For logistical reasons, WE DRESS FAIR is not able to offer its service in the French overseas departments and territories.

The products will be delivered to the address given by the Customer on the site when placing their order, according to the delivery method chosen on the site. The delivery times shown on the site are indicative times, corresponding to average processing and delivery times. 1 to 2 days must be added to this time for the preparation of the order.

WE DRESS FAIR cannot be held responsible for the consequences of a delay in transport or of an impossibility of delivery to the address given by the customer. In all cases, if the parcel is returned to the sender, a second delivery will be made at the Customer's expense.

If the parcel is returned to the sender again, it will no longer be sent back to the customer and the amount corresponding to this order, including any additional delivery costs, will be retained by WE DRESS FAIR.

We remind you that when the customer physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is up to the customer to notify the carrier, in their presence, of any reservations about the delivered product.

For deliveries in metropolitan France or Belgium:

Cart > €150.00 : Free delivery to a pickup point, for home delivery.

Cart < €150.00 : Delivery at €3.00 to a pickup point, for home delivery.

For all other countries: Germany, Austria, Denmark, Spain, Ireland, Italy, Luxembourg, Portugal, the Netherlands, the United Kingdom:

Cart > €150.00 : Free delivery to a pickup point, for home delivery.

Cart < €150.00 : Delivery at €3.00 to a pickup point, for home delivery.

ARTICLE 8: RETURNS

The Customer may return or exchange an item within 30 days of receiving their order. By post, they request it directly on their customer account, which provides them with a return label: the return parcel must be handed to the carrier or left at a drop-off point (relay point or post office) within that period. In a shop, they may also return the item within that period, in one of our shops in Lyon or Paris, including for an order placed on the website. Returns and exchanges are free: the costs of the return parcel (and of the new shipment for an exchange) are borne by WE DRESS FAIR.

Products embroidered at the Customer's request cannot be returned or exchanged (see article 9). An embroidered product that is defective or does not match the order (an error of text, colour or position on our part) is remade, exchanged or refunded under the legal guarantees of conformity and against hidden defects.

An item may be returned new or lightly worn. Lightly worn means tried on or worn briefly, with no sign of wear: the item has been neither washed nor altered, shows no stain, no smell (perfume, tobacco, sweat), no pet hair, no pilling, snag or distortion, and comes back with its tags attached. Shoes come back in their intact original box, with soles showing no sign of outdoor use.

After checking that these conditions are met, we refund the returned items within 5 working days of receiving them (at our warehouse for a parcel, in the shop for a return in a shop), and in any event within the legal period set by article L. 221-24 of the Code de la consommation. The refund is made to the means of payment used for the order; when it shows on the account then depends on the bank. The initial shipping costs are refunded if the whole order is returned.

If an item does not meet these conditions, we let the Customer know by email and it is refunded less its depreciation.

ARTICLE 9: WITHDRAWAL PERIOD

In accordance with articles L. 221-18 et seq. of the Code de la consommation, the Customer has a period of fourteen days from receipt of the products to exercise their right of withdrawal, without having to give reasons or pay penalties. WE DRESS FAIR extends this period to 30 days from receipt of the products. If this period expires on a Saturday, a Sunday or a public holiday, it is extended to the first working day.

In accordance with article L. 221-28, 3° of the Code de la consommation, the right of withdrawal cannot be exercised for goods made to the consumer's specifications or clearly personalised. Products embroidered at the Customer's request are therefore not taken back, exchanged or refunded under the right of withdrawal. The other products in the same order remain covered by the right of withdrawal under the conditions of this article.

The return costs are borne by WE DRESS FAIR: the return is free for the Customer.

The right of withdrawal can be exercised directly on the customer account, by specifically requesting the return of a product or by contacting the company WE DRESS FAIR by email at hello@wedressfair.fr.

As for a product return (see article 8), the products must imperatively be in good condition and returned in their original packaging, to which a packaging covering the whole product is added; they must show no trace of use and be accompanied by their accessories; otherwise, no refund may be demanded, and the customer will remain the owner of the product, which they may collect from the registered office of WE DRESS FAIR within a maximum of one month.

ARTICLE 10: COMPLAINTS

Where applicable, the Buyer may submit any complaint by contacting the company at the following contact details: hello@wedressfair.fr

ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS

The trademarks, domain names, products, software, images, videos, texts or more generally any information that is the subject of intellectual property rights are and remain the exclusive property of WE DRESS FAIR. No transfer of intellectual property rights is made through these GTS. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

ARTICLE 12: FORCE MAJEURE

The performance of the seller's obligations under these terms is suspended in the event of a fortuitous event or force majeure that would prevent their performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 13: REFERRAL PROGRAMME

The WeDressFair referral programme is intended to encourage the recommendation of our services to the Customer's close circle (family, friends, direct acquaintances). As such, mass distribution of the referral code on public media, in particular on third-party websites known as “coupon”, “promo code” or “good deals” sites or on public discussion forums, is strictly prohibited. The Customer undertakes not to use paid or automated solicitation methods to distribute their code. If public distribution or misuse of the referral code is found, WeDressFair reserves the right to:
1. Immediately deactivate the referral code concerned.
2. Cancel all referral credits (credit balance) acquired in a non-compliant manner.
3. Remove any benefit or discount applied to an ongoing order resulting from such a referral.
4. Permanently suspend the Customer's access to the referral programme.

ARTICLE 14: CUSTOMER SERVICE

We will answer, with transparency and as quickly as possible, all your questions about these GTS or our services by e-mail: hello @ wedressfair.fr

General Terms of Use

The site www.wedressfair.fr is published by the simplified joint-stock company WE DRESS FAIR SAS with share capital of 15,000 euros, whose registered office is 4 rue des capucins in Lyon 69001, registered in the Trade and Companies Register of Lyon under number 834 527 855 and represented by Antoine Coulaud, in his capacity as President. The intra-Community VAT number is FR 9483 4527 855.

WE DRESS FAIR sets up, on the website www.wedressfair.fr, a platform that connects users with sellers selected by WE DRESS FAIR, with the aim of promoting ethical and sustainable brands and users' access to their products.

These general terms of use (hereinafter the “GTU”) aim to specify the conditions of use of the website www.wedressfair.fr.

Every User (as that term is defined below) must read these GTU, which define the rules for using the website www.wedressfair.fr.

Use of the Site implies full and complete acceptance of the GTU.

  • ARTICLE 1: DEFINITIONS
  • ARTICLE 2: ACCEPTANCE OF THE GTU
  • ARTICLE 3: PRESENTATION AND DESCRIPTION OF THE SERVICES AVAILABLE ON THE SITE
  • ARTICLE 4: ACCESS TO AND USE OF THE SITE
  • ARTICLE 5: ORDERS FOR PRODUCTS
  • ARTICLE 6: APPLICABLE GENERAL TERMS OF SALE
  • ARTICLE 7: RIGHT OF WITHDRAWAL, LEGAL GUARANTEES AND RETURNS
  • ARTICLE 8: GUARANTEES AND LIABILITY
  • ARTICLE 9: CONFIDENTIALITY
  • ARTICLE 10: INTELLECTUAL PROPERTY RIGHTS
  • ARTICLE 11: PROTECTION OF PERSONAL DATA
  • ARTICLE 12: DATA DELETION
  • ARTICLE 13: TERRITORIALITY
  • ARTICLE 14: APPLICABLE LAW AND JURISDICTION
  • ARTICLE 15: DURATION
  • ARTICLE 16: INTUITU PERSONAE
  • ARTICLE 17: PARTIAL WAIVER
  • ARTICLE 18: CONTACT

ARTICLE 1: DEFINITIONS

In these GTU, the terms and expressions identified by a capital letter have the meaning indicated below, whether they are used in the singular or in the plural.

Account: means the protected personal space created by a User on the Site, enabling them to access the Specific Services;

Content: means the information and data, texts, software, music, sounds, photographs, images, videos, messages and all other elements published on the Site;

Personal Data: means the personal information that a User has entered when creating their Account, and that WE DRESS FAIR has collected in connection with the use of the Services;

Intellectual Property Rights: means the trademarks, domain names, copyrights, designs and models, patents, rights in databases or any other intellectual property rights of the company WE DRESS FAIR;

Product: means any product put on sale on the Site by a Partner Seller or by WE DRESS FAIR;

Partner Seller: means any seller offering its Products through the Site, except WE DRESS FAIR;

Services: means all the services accessible online from the Site, namely the Free Access Services as well as the Specific Services;

Free Access Services: means the services accessible to any User of the Site, whether or not they hold an Account, listed in article 3.1 hereof;

Specific Services: means the services accessible exclusively to Users holding an Account, listed in article 3.2 hereof.

Site: all of the Content and Services offered by WEDRESS FAIR on the website accessible at the address www.wedressfair.fr;

User: means any internet user, natural or legal person, with access to the Site;

WE DRESS FAIR: means the company WE DRESS FAIR, a simplified joint-stock company with share capital of €15,000, whose registered office is at 4 rue des capucins in LYON 69001, registered under number 834 527 855 RCS LYON, represented by Mr Antoine COULAUD, its President.

ARTICLE 2: ACCEPTANCE OF THE GTU

These GTU constitute a contract between WE DRESS FAIR and any User. Access to the Site and the Services, as well as their use, are subject to the User's acceptance of these GTU.

By accessing the Site and the Services and/or using them, the User will be presumed to have read these GTU, to have fully understood them and to fully accept all of their provisions without restriction or reservation.

The GTU are available to Users on the Site, where they can be consulted directly at any time, and may also be provided on simple request.

WE DRESS FAIR reserves the right to modify and update these GTU at any time and without notice. To be informed of any changes, the User must refer to the latest version of the GTU before any use of the Site and the Services.

WE DRESS FAIR reserves the right to modify and update these GTU at any time and without notice. To be informed of any changes, the User must refer to the latest version of the GTU before any use of the Site and the Services.

Should any clause of these GTU be void as a result of a change in legislation or regulations or be declared so by a final court decision, this shall in no case affect the validity and observance of the other clauses of the GTU.

ARTICLE 3: PRESENTATION AND DESCRIPTION OF THE SERVICES AVAILABLE ON THE SITE

3.1 Role of WE DRESS FAIR

WE DRESS FAIR selects Partner Sellers whose Products match its values and commitments (accessible here) and allows them to put their products on sale directly on the Site in return for payment of a commission that is not charged to the User.

WE DRESS FAIR may itself sell on the Site Products that it has selected according to the same criteria.

In connection with the sale of Products on the Site by Partner Sellers, WE DRESS FAIR acts only as a provider making the Site available to Users and Partner Sellers.

When WE DRESS FAIR does not act as seller, there is no sales contract between WE DRESS FAIR and the User, and it cannot be involved in the performance of the sales contract. The liability of WE DRESS FAIR can therefore in no case be incurred in this respect.

Products from Partner Sellers purchased on the Site may only be taken back or exchanged in accordance with the GTS of WE DRESS FAIR (cf. Article 7 below).

3.2 Free Access Services

The Free Access Services listed below are accessible online on the Site to any User, whether or not they hold an Account:

  • Catalogue of the Products offered by Partner Sellers and by WE DRESS FAIR;
  • Presentation of the Partner Sellers and of WE DRESS FAIR;
  • Various editorial content such as presentation sheets, articles, infographics, blog, etc.
  • Video content

3.3 Specific Services

By accessing their Account, the User has, in addition, personal, secure and free access to the Specific Services listed below:

  • Management of the Account and of Personal Data;
  • Ordering of Products;
  • Space dedicated to tracking orders for Products from Partner Sellers and from WE DRESS FAIR;
  • Communication interface with WE DRESS FAIR and with Partner Sellers;
  • Exercise of the Right of withdrawal and returns;

As part of the development of its offer, WE DRESS FAIR reserves the possibility of offering new Services.

ARTICLE 4: ACCESS TO AND USE OF THE SITE

4.1 Creating an Account

Access to the Specific Services as listed in article 3.2 hereof requires the User to create an Account.

Creating the Account requires the User to have a valid e-mail address. Once on the Site, the User is invited to create an Account by clicking on the corresponding tab, then entering the information requested in the collection form provided for that purpose. The information collected includes in particular, at a minimum, the User's last name, first name(s) and e-mail address. The User will also be invited to enter a login and a password.

When the User logs back in after logging out, they will have to enter their login and password to connect to their Account and access the Specific Services.

By providing their e-mail address to WE DRESS FAIR, the User acknowledges and accepts that WE DRESS FAIR reserves the right to send the User e-mails in order, in particular, to keep them informed of the modifications, changes and/or additions made to the Site and the Services. The User may exercise their right to object to the use of their e-mail address at any time.

The User undertakes to provide and maintain information about themselves that is accurate, up to date and complete. To this end, the User may at any time modify this information in the “My account” tab.

Once registered, the User may use the Specific Services under the conditions and terms provided for in these GTU.

The User may at any time request that their Account be deleted. Any request to delete an Account is final and irreversible. A User who wishes to access the Specific Services again will have to repeat the registration procedure and create a new Account.

4.2 Confidentiality, use of the Account and retention of data

The elements and data entered in the Account are strictly personal and confidential. The User undertakes to keep their identification details (in particular login and password) secret and not to disclose them, for any reason, in any way and in any form whatsoever, to third parties. If their identification details are lost or stolen, the User must inform WE DRESS FAIR without delay, which will then immediately cancel and/or update the elements of the Account.

In no case can WE DRESS FAIR be held responsible for the loss or theft of the Account identification details or for their fraudulent use. The User is solely responsible for the use of their Account by third parties and for the actions or statements made through it, whether fraudulent or not. The User holds WE DRESS FAIR harmless against any claim in this respect.

In accordance with article L134-2 of the Code de la consommation, WE DRESS FAIR keeps the documents relating to the orders placed by the User, who may request them at any time. Messages received electronically, and more generally the electronic documents exchanged between the User and WE DRESS FAIR, will have the same value as originals. The Parties will keep the electronic documents in such a way that they can constitute faithful and durable copies within the meaning of article 1348 of the Code civil. Confirmation of payment for orders by the User on the Site constitutes the User's electronic signature and proof of the order.

4.3 Minimum configuration

Access to the Site and the Services requires the User to have a computer and/or a smartphone, an internet connection and a web browser. All costs relating to access to the Site and to its use, whether equipment, software or Internet access costs, are exclusively borne by the User. The User is solely responsible for the proper functioning of their IT equipment and of their Internet access.

4.4 Availability of the Site

The Site is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of WE DRESS FAIR and except for interruption, suspension or limitation in the context of maintenance and/or update operations necessary for the proper functioning of the Site and/or the Services or for any other reason, in particular technical.

WE DRESS FAIR is only bound by an obligation of means regarding the accessibility, operation and/or availability of the Site and the Services. WE DRESS FAIR reserves the possibility of interrupting, suspending or limiting access to all or part of the Site and the Services, in particular because of legal or technical constraints.

The User expressly acknowledges that the aforementioned interruptions, suspensions or limitations may occur at any time, without their having been warned beforehand, and that they will not give rise to any obligation or compensation in their favour.

ARTICLE 5: ORDERS FOR PRODUCTS

5.1 The Products

The Products offered for sale on the Site are described as precisely as possible by the Partner Sellers and by WE DRESS FAIR, who are solely responsible for the information provided about their Products. Despite the best efforts made on the photographic representation of the Products on the Site, given the digital way Products are presented on a website, the User's perception of the photographic representation of the Products may not correspond exactly to the Product itself.

The Products on the Site are not the subject of any listing by WE DRESS FAIR.

The Products are ranked by default according to objective characteristics that can be selected and filtered by the User while browsing the Site, such as, for example, the nature of the Product, gender, brand, size, availability, date added, reviews, number of sales, colour, price, etc.

5.2 Availability and state of Stocks

The availability of the Products is displayed in real time on the page for each Product.

However, it may happen that a Product is unavailable despite the best efforts of WE DRESS FAIR and the Partner Sellers.

If a Product is unavailable after payment of the order, the User will be informed by e-mail of the cancellation of their order as soon as possible, entitling them to a refund of all or part of the order within a maximum of fourteen (14) days from receipt of the e-mail notifying the unavailability of the Product.

The refund will be made according to the means of payment used by the User at the time of their purchase.

5.3 Ordering procedure

Orders are placed exclusively on the Site. The User also guarantees that they are fully entitled to use the payment card to pay for their order.

To place an order, the User must select one or more Product(s) and place them in their “Cart”. Each order is validated by a two-step system:

  • first, the User must finalise the choice of their Products by validating their Cart. At this stage, the User is invited to check the details of their Cart and can still change its contents.
  • second, the User validates their order definitively and accepts the GTU of WE DRESS FAIR as well as the general terms of sale of WE DRESS FAIR.

Orders must be paid for immediately, no discount being provided for. The order will be final only after payment of the order.

Any paid order will result in an e-mail being sent to the User's e-mail address confirming that WE DRESS FAIR has recorded the order and that it has been forwarded to the Partner Seller(s) where applicable.

The prices of the Products are expressed in euros and include the V.A.T. in force on the day of the order. Prices may be changed at any time by the Partner Sellers or by WE DRESS FAIR, but the Products will be invoiced on the basis of the prices in force indicated at the time the order is recorded.

5.4 The online payment service

Payment for orders is made directly on the Site, via the online payment tool of the provider PAYPLUG, a payment institution approved by the Autorité de contrôle prudentiel et de résolution (ACPR), which collects the price on behalf of the Partner Sellers and/or WE DRESS FAIR, and is thus the sole manager of the electronic payment flows, with neither WE DRESS FAIR nor the Partner Sellers having access to the User's banking data at the time of payment.

Payment of the price of orders is made by bank card (Carte Bleue, Visa, Eurocard/Mastercard) or any other means of payment offered on the Site. If payment is refused by PAYPLUG or by the User's bank, the order will not be validated.

éthi’Kdo, ethikpay and illicado gift cards are also accepted as means of payment. If an order paid for, in whole or in part, with one of these means of payment is returned, the corresponding share is refunded under specific terms: the amount paid with an illicado card is credited back to the illicado card used for the order, while the amount paid with an éthi’Kdo or ethikpay card is refunded as credit added to the customer account.

The Products remain the property of the Partner Sellers or of WE DRESS FAIR until the price of the order has been collected in full.

5.5 DELIVERY

The Products of Partner Sellers are delivered directly by them or by their providers without intervention by WE DRESS FAIR. The Products are delivered by the Sellers to the address given by the User when placing the order, according to the terms set out in the general terms of sale of WE DRESS FAIR and on the page of each Product on the Site.

The User is responsible for the accuracy of the data they provide concerning the delivery address as well as the personal information (including telephone number) for each delivery.

WE DRESS FAIR and the Partner Seller cannot be held liable if the Products cannot be delivered due to an imprecise or inaccurate delivery address given by the User.

ARTICLE 6: APPLICABLE GENERAL TERMS OF SALE

The applicable general terms of sale are those defined by WE DRESS FAIR and contractually agreed with the partner sellers.

The User benefits, with the Partner Sellers as with WE DRESS FAIR, from a right of withdrawal as well as from the legal guarantees of conformity, of defective products and of hidden defects, as prescribed by consumer law and specified in GTS articles 8 and 9.

If these rights are exercised, the User is invited to inform WE DRESS FAIR so that it can take the measures required with regard to other Users and to orders that have already taken place.

ARTICLE 7: RIGHT OF WITHDRAWAL, LEGAL GUARANTEES AND RETURNS

Under the provisions of the Code de la consommation, the User may exercise their right of withdrawal within fourteen (14) calendar days from the date of receipt of the Product. WE DRESS FAIR extends this period to 30 days from the date of receipt of the product.

This right does not apply to Products personalised at the User's request, in particular embroidered Products (article L. 221-28, 3° of the Code de la consommation): they are neither taken back nor exchanged, subject to the legal guarantees of conformity and against hidden defects.

The User must send back the Product for which they are withdrawing to the Partner Seller or to WE DRESS FAIR if the latter is the seller, as indicated in article 8 of the GTS.

To exercise their right of withdrawal, or to benefit from the legal guarantees of conformity, with regard to defective products and hidden defects, as prescribed by French law, the User must contact WE DRESS FAIR directly via their customer area accessible from the “My account” tab.

ARTICLE 8: GUARANTEES AND LIABILITY

The information published on the Site is provided by WE DRESS FAIR strictly and exclusively for information and guidance purposes. WE DRESS FAIR makes its best efforts to keep the Site and the Services up to date and to publish reliable, lawful and validated information. However, despite all the care and attention given to the selection of sources and to the writing of content and information, WE DRESS FAIR cannot guarantee the integrity, accuracy, completeness, topicality or any other quality of the information published.

The photographs and illustrations accompanying the products on the Site have no contractual value and therefore cannot engage the liability of WE DRESS FAIR. The delivery and quality of the Products offered by the Sellers are exclusively the responsibility of the Partner Sellers. WE DRESS FAIR cannot be held liable for the content of the listings published by Partner Sellers and gives no guarantee, express or implied, in this respect.

The liability of WE DRESS FAIR cannot be sought in the event of a dispute concerning the information communicated by Partner Sellers on the Site (texts, images, photos, trademarks, logos, etc.), as long as WE DRESS FAIR has not been notified of unlawful content made available on the Site.

The Site and the Services are provided “as is” and subject to availability, without any guarantee of any kind, implied or express, on the part of WE DRESS FAIR. Without limiting the foregoing, WE DRESS FAIR in particular gives no guarantee of non-infringement of third-party rights, of fitness for a particular purpose or of suitability of the Site and/or the Services for the User's needs, nor does it guarantee that they are free from anomalies, errors or bugs or that they will operate without failure or interruption.

The User alone is responsible for the proper use, with discernment and judgement, of the Services made available to them on the Site. WE DRESS FAIR cannot be held liable for the direct or indirect consequences that may result from the User's use, consultation and/or interpretation of the Content.

To the fullest extent permitted by applicable law, WE DRESS FAIR expressly excludes its liability for any damage, direct or indirect, resulting from or in connection with access to the Site and the Services, their use, their malfunction or their unavailability, whatever their nature and duration.

In the event of a breach by the User of these GTU, or more generally in the event of a violation of the laws and regulations in force, WE DRESS FAIR reserves the right to suspend and/or block, temporarily or permanently, or to terminate by operation of law, without prior formal notice, the User's access to the Site and the Services, without prejudice to any remedies that may be available against the User. The User thus acknowledges WE DRESS FAIR's ability to restrict, under the aforementioned conditions, their right of access and/or use to all or part of the Site and the Services, or even to delete their Account, where applicable, with immediate effect and a ban on any subsequent access to the Site and the Services.

Furthermore, the Site may contain hypertext links to third-party websites that are not governed by these GTU. WE DRESS FAIR has no control over the content of third-party websites referenced by hypertext links. These websites are published by third-party companies independent of WE DRESS FAIR. WE DRESS FAIR therefore cannot assume any liability for the content, advertising, products, services or any other information or data available on or from these sites. Consequently, the User acknowledges that they alone are responsible for accessing and using these sites. WE DRESS FAIR cannot be held liable for any proven or alleged damage or loss resulting from or in connection with the use of, or reliance on, the content, goods or services available on these sites.

ARTICLE 9: CONFIDENTIALITY

All the information exchanged between WE DRESS FAIR and the User from the acceptance of these GTU is considered confidential (hereinafter the “Confidential Information”).

WE DRESS FAIR and the User undertake to protect the Confidential Information and not to disclose it to third parties without the prior written authorisation of the other party, except for disclosure required by law or by any competent judicial or administrative authority. WE DRESS FAIR and the User undertake to pass it on only to those members of their staff who have been informed of the confidential nature of this information.

The Confidential Information is, however, used in connection with the Services provided by WE DRESS FAIR, which may involve the transmission of said Confidential Information to the Partner Sellers taking part in the operation of the Specific Services.

ARTICLE 10: INTELLECTUAL PROPERTY RIGHTS

The Site, its general structure and its contents, the Services, as well as the Content, are protected by intellectual property rights (including in particular all copyrights, patent rights, trademarks, designs and models, database rights, domain names and any other existing or future intellectual property right, national and/or international) and are the exclusive property of WE DRESS FAIR. Use of the Site and the Services in no way confers on the User any property right or intellectual property right in the Site, the Services and/or the Content. WE DRESS FAIR neither assigns nor grants the User any right in the Site, the Services and/or the Content, except for a limited, free and non-exclusive personal right to access and use the Site, the Services and/or the Content.

It is strictly forbidden to represent, reproduce and/or exploit the Site, the Services and/or the Content, in whole or in part, in any form and by any means whatsoever, without the prior written consent of WE DRESS FAIR. The User undertakes not to use the Site, the Services and/or the Content other than within the limits authorised by these GTU.

The User further undertakes not to carry out one or more of the following acts, nor to allow or authorise a third party to carry out one or more of the following acts: (i) copy, modify, assemble, alter, sell, rent, lend, broadcast, distribute or transfer the Site and/or the Services, (ii) disassemble, decompile or reverse engineer the source code of the components of the Site and/or the Services, (iii) extract and/or reuse, in any way and on any medium whatsoever, the Content in the database available on the Site , (iv), without the prior written consent of WE DRESS FAIR.

The WE DRESS FAIR logo on the Site is a registered trademark and belongs to WE DRESS FAIR. Any representation, reproduction and/or exploitation, in whole or in part, of this logo, of any kind, is totally prohibited.

Violation of the foregoing provisions would expose the offender and any person responsible to the criminal and civil penalties provided for by law, including damages for infringement of intellectual property rights.

All distinctive signs, trademarks and logos that do not belong to WE DRESS FAIR and that appear on the Site are the property of their respective owners, who may or may not be affiliated or linked to WE DRESS FAIR.

ARTICLE 11: PROTECTION OF PERSONAL DATA

WE DRESS FAIR respects fundamental freedoms and in particular the right to respect for the privacy of Users.

WE DRESS FAIR collects and processes the following personal data for each User:

  • the name, address, e-mail address, password, IP address;
  • the number of pages viewed, the number of visits to the Site, as well as activity on the Site and the frequency of return;

The User is warned of the mandatory or optional nature of entering the data at the time of collection. WE DRESS FAIR does not collect payment information.

The User's data collected by WE DRESS FAIR is subject to computer processing. The data is intended for WE DRESS FAIR in order to enable it:

  • to offer the User the Services, and in particular the service for buying and ordering Products remotely on the Site and personalised tracking of the order;
  • to transmit to the Partner Sellers the information necessary to enable them to fulfil orders and deliveries;
  • to respond to the User's requests;
  • to make the User's browsing of the Site easier;
  • to set up an information service on the Services offered by WE DRESS FAIR and their development
  • to track the User's use of the Site for statistical purposes in order to improve the Site and the Services.

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User has a right of access, rectification, erasure and portability of the information concerning them. The User may exercise this right or obtain information on the use that will be made of this data by sending an email to the address support @ wedressfair.fr

The User may unsubscribe from the newsletters and information e-mails of WE DRESS FAIR at any time by clicking on the link in every e-mail.

WE DRESS FAIR undertakes to take all useful precautions, having regard to the nature of the data and the risks presented by the processing, to preserve the security of Users' personal data and, in particular, to prevent their personal data from being distorted or damaged, or unauthorised third parties from having access to it.

WE DRESS FAIR undertakes in particular not to assign, rent or transfer the User's Personal Data to third parties other than the Partner Sellers of WE DRESS FAIR who are bound by contract to the same obligations as WE DRESS FAIR with regard to the protection of personal data, unless a legal or judicial obligation requires it to do so.

All the personal data relating to Users provided or collected through the Site is stored on the server(s) of the host Heroku, made available to WE DRESS FAIR. This host acts as a processor of WE DRESS FAIR, within the meaning of the Loi Informatique et Libertés, only on the instruction of WE DRESS FAIR. It has no right to use the Users' Personal Data, except for the purposes of performing the technical hosting and database management services and only under the contractual conditions signed between the host and WE DRESS FAIR, which cannot derogate from this article.

The data collected, for all purposes combined, is kept for three (3) years after the end of any activity.

Finally, the User has the right to lodge a complaint with the supervisory authority.

ARTICLE 12: DATA DELETION

In accordance with the applicable data protection legislation, you have the right to request the deletion of your personal data that we have collected via our application. To submit a deletion request, please follow these steps:

  • Log in to your WeDressFair account, then go to your profile, to your information, or click on this link.
  • Click on the button: Delete my account

Your data will be deleted automatically.

ARTICLE 13: TERRITORIALITY

The Site and the Services are aimed at internet users residing in France. Indeed, laws, regulations and practices may differ abroad and require references to different or additional information. It is up to a User located outside France to check and comply with the legislation and regulations in force in their country.

ARTICLE 14: APPLICABLE LAW AND JURISDICTION

These GTU are governed exclusively by French law.

In the event of a dispute concerning a Product, the User will contact the seller concerned, before any litigation, in order to find an amicable solution.

Within the limits permitted by law, disputes relating to the performance, termination or interpretation of these GTU or their consequences shall be brought before the competent courts, after the failure of an attempt to resolve the dispute amicably with WE DRESS FAIR or the Partner Seller concerned.

ARTICLE 15: DURATION

These GTU are concluded from the date of the User's acceptance of the said GTU and for the entire duration of their membership.

ARTICLE 16: INTUITU PERSONAE

These GTU are concluded intuitu personae. The rights and obligations arising from them may in no case be assigned or transferred by the User, on any basis whatsoever, without the prior written agreement of WE DRESS FAIR.

ARTICLE 17: PARTIAL WAIVER

The failure of either party to rely, at any given time, on any of the provisions of these GTU shall not be interpreted in the future as a waiver of the rights it holds under them.

ARTICLE 18: CONTACT

For any information, you can contact WE DRESS FAIR by e-mail at the following address: hello @ wedressfair.fr or by post at the following address:

WE DRESS FAIR SAS

4 rue des capucins

69001, Lyon