Last updated on 23/03/2022
Terms and Conditions
01
Preamble
The Seller the company AGAIN, SIRET 894 723 857 00013, whose VAT number is FR 96 894 723 857 and whose registered office is 21 rue Duperré, 75009, PARIS (the "Seller") sells Clothing in line.
The Seller markets the aforementioned items through an e-commerce site www.again-store.com (the "Site").
The Site is hosted by OVH.
The publication director of the site is Mr. Basile Dadaux.
The site is reserved for the sale of details to private individuals acting for personal purposes. (The customer ")
The general conditions of sale (the "GTC") detailed below apply and form an integral part of all orders and sales of items placed via the Seller's Site.
The Customer has the option of saving or editing these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility.
The Seller reserves the right to modify these general conditions of sale at any time by publishing a new version on the Site. The general conditions of sale are those in force on the date of validation of the order by the Customer.
The online store set up by the Seller as part of its Site mentions the following information:
– legal notice allowing precise identification of the Seller
– presentation of the essential characteristics of the items offered
– indication, in euros (including tax) of the price of the goods and, if applicable, participation in shipping costs
– indication of the terms of payment, delivery or performance
– the existence of a right of withdrawal
All of the information on the www.again-store.com site is presented in English.
02
Subject
The purpose of this Agreement is to define the rights and obligations of the Parties in the context of the Online Sale of Goods and Services offered for sale by the Seller to the Customer.
03
Scope
These General Conditions of Sale are reserved for consumers only, within the meaning given by law and case law, acting exclusively for their own account.
In accordance with Articles L. 111-1 and L. 111-4 of the Consumer Code, the essential characteristics and prices of the Goods and Services sold electronically are available on the Site.
The professional also communicates to the consumer the information relating to his identity, his postal, telephone and electronic contact details and his activities, as well as, if applicable, those relating to the legal guarantees, the functionalities of the digital content and, the where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions, in accordance with Articles R. 111-1 and R. 111-2 of the Consumer Code.
In addition, the Customer receives the information provided for in Article L. 221-11 of the Consumer Code, before and after the conclusion of the sale and in particular by means of these General Conditions of Sale.
These General Conditions of Sale are applicable to all sales of Goods and Services by the Seller made through the Site.
The Customer declares to have read these General Conditions of Sale before the Validation of the Order within the meaning of Article 5.
The Validation of the Order therefore implies acceptance without restriction or reservation of these General Conditions of Sale.
These General Terms and Conditions of Sale are applicable to Orders made for Delivery in mainland France, including Corsica and Monaco, Germany, Italy, Portugal, England, Belgium, Spain (the "Territory").
04
Entry into force and Duration
This Contract comes into force on the date of Validation of the Order as defined in Article 5.
The Contract is concluded for the duration necessary for the supply of the Goods and Services, until the expiry of the guarantees and obligations due by the Seller.
05
Ordering Goods and Services and Stages of Conclusion of the Online Sale
In order to place the Order, the Customer must follow the following steps:
1. Dial the address of the Site;
2. Follow the instructions of the Site and in particular, the instructions necessary to open a customer account;
3. Complete the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of the Goods and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods and Services from the beginning;
4. Check the elements of the Order and if necessary, identify and correct errors;
5. Validate the Order, the Total Price and the All-Inclusive Price (the “Order Validation”);
6. Follow the instructions of the online payment server to pay the All-Inclusive Price.
The Customer then receives electronically and without delay confirmation of acceptance of payment for the Order.
The Customer also receives electronically and without delay an acknowledgment of receipt confirming the Order (the "Order Confirmation").
The Customer receives electronic confirmation of the dispatch of the Order.
Delivery will take place at the delivery address indicated by the Customer when placing the Order. When carrying out the various stages of the Order mentioned above, the Customer undertakes to respect these contractual conditions by application of article 1366 of the Civil Code.
The Seller undertakes to honor the Order only within the limits of the available stocks of the Goods. If the Goods are not available, the Seller undertakes to inform the Customer.
However, in accordance with Article L. 122-1 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.
06
Prices of Goods and Services and Conditions of Validity
The Price of the Goods and Services sold on the Site is indicated respectively by article and reference or by service and by reference.
At the time of Validation of the Order, the price to be paid is the All-Inclusive Price.
The telecommunications costs inherent in access to the Site remain the sole responsibility of the Customer.
The period of validity of the offers and Prices is determined by updating the Site.
07
Payment terms
Payment of the All-Inclusive Price by the Customer is made either via Paypal or by bank card via the secure platform of the payment provider used Payplug
The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the amount corresponding to the All-Inclusive Price
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
In the event that the debit of the All-Inclusive Price is impossible, the Online Sale will be immediately terminated by right and the Order will be cancelled.
The Seller does not have access to the Customer's payment data which is directly transmitted to Payplug or Paypal.
08
Delivery of the Order
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
8.1. Delivery method
The Customer chooses one of the Delivery Methods offered on the Site when placing the Order.
8.2. Delivery address
The Customer chooses a Delivery address necessarily located in the Territory, under penalty of refusal of the Order. The Customer is solely responsible for a lack of Delivery due to a lack of indication when placing the Order.
8.3. Amount of Delivery Charges
The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the Customer before the Validation of the Order.
8.4. Delivery delay
Delivery Times are available on the Site and may vary depending on the availability of the Goods ordered.
Delivery Times are expressed in working days and correspond to the average preparation and delivery times of the Order in the Territory.
The Delivery Times run from the date of Confirmation of the Order by the Seller.
8.5. Late delivery
In the event of a delay in Delivery, the Order is not cancelled.
The Seller informs the Customer by e-mail that the Delivery will take place with a delay. The Customer may then decide to cancel the Order and will send the Seller a notice of cancellation of the Order by email.
In the event that the Order has not yet been dispatched when the Seller receives the Customer's notice of cancellation, the Delivery is blocked and the Customer is reimbursed for any sums debited within fourteen days of receipt of the notice of cancellation. In the event that the Order has already been shipped upon receipt by the Seller of the Customer's notice of cancellation, the Customer may still cancel the Order by refusing the package. The Seller will then reimburse the sums debited and the return costs paid by the Customer within fourteen days of receipt of the return of the refused package, complete and in its original condition.
8.6. Delivery Tracking
The Customer can follow the progress of the processing of the Order in the space reserved for this purpose on the Site.
8.7. Verification of the Order upon arrival
The Customer is required to check the condition of the packaging as well as the Items upon Delivery.
It is the Customer's responsibility to make the reservations and complaints that he deems necessary on the carrier slip in the form of "handwritten reservations", or even to refuse the package, when the package is obviously damaged on Delivery. At the same time, said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, following the date of Delivery of the Goods.
The Customer must also send a copy of this letter to the Seller. Failure to file a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the Commercial Code.
The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-compliance of the Goods in kind or in quality with the specifications mentioned in the Delivery note, the Customer must inform the Seller's customer service by e-mail at the following e-mail address contact@again-store.com and return the Goods at the address indicated in the conditions of Article 8.
09
Right of withdrawal
The Customer has a right of withdrawal which he can exercise within 14 calendar days following the date of receipt or withdrawal of the Order. In the event that this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
Customer who wishes to exercise his right of withdrawal must return the Items within the aforementioned period, in their original packaging, complete, new.
The exercise of the right of withdrawal can be done either by logging into your customer account in the "order" section, or by using and sending the model withdrawal form appearing in Appendix 1 of the General Conditions of Sale, by mail, at the following postal address: 21 rue Duperré, 75009, PARIS, or by email at contact@again-store.com.
The Customer cannot exercise his right of withdrawal for a Product made according to his specifications, used, worn, washed, damaged or unsealed.
The return of the Products is borne by the Seller if the place of delivery is in the Territory defined in Article 3.
Reimbursement of the Order by the Seller is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw, subject to having received the Product subject to the right of withdrawal.
The Seller makes the refund using the same means of payment as that used for payment of the Order.
Reimbursement of an order paid for with an e-gift card, a gift card or a credit note will be automatically carried out with a credit note.
10
Warranty
The Seller is subject to the conditions of legal guarantees provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:
Art. L. 211-4 of the Consumer Code: "The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the instructions of assembly or installation when this has been charged to it by the contract or has been carried out under its responsibility".
Art. L. 211-5 of the Consumer Code: "To comply with the contract, the goods must:
1º Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2º Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted".
Art. L. 211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
Art. 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have it acquired, or would have given only a lesser price, if he had known them".
Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be introduced, on pain of foreclosure, in the year following the date on which the seller can be discharged from the apparent defects or lack of conformity".
The preceding provisions are not exclusive of the application of the legal guarantee against hidden defects of articles 1641 and following of the Civil Code, in accordance with the provisions of article L. 217-4 of the Consumer Code.
The buyer may exercise these guarantees by sending his request to:
Company AGAIN [21 rue Duperré, 75009, PARIS]
When the Buyer acts as a legal guarantee of conformity, the provisions of article L217-4 of the Consumer Code apply:
“The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;
4° It is updated in accordance with the contract”.
Article L217-5 of the Consumer Code also provides:
"I.- In addition to the criteria of compliance with the contract, the good is compliant if it meets the following criteria:
1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of the conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling. »
As such, the Consumer:
- will benefit from a period of two years from the delivery of the property to act;
- may choose between repairing or replacing the goods subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
- will be exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
The conformity guarantee will apply independently of the commercial guarantee granted.
The Buyer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he may choose between the termination of the sale or a reduction in the price. of sale in accordance with article 1644 of the Civil Code.
11
Intellectual property rights
The AGAIN Seller's trademark, as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logotypes appearing on the Goods, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Seller.
12
Data Privacy
Please note that certain information is mandatory and necessary to process your application. The absence of a response to a mandatory field is likely to compromise the proper follow-up of your file.
The personal information communicated is recorded in a file computerized by the Seller.
We will only process or use your data to the extent necessary to contact you, to process your requests, to create and manage your user profile, to create and manage your access to our online services or to carry out statistical studies. .
Your personal information will be kept for as long as necessary until the performance of our services, unless:
- You exercise your right to delete data concerning you, under the conditions described below;
- A longer retention period is authorized or imposed by virtue of a legal or regulatory provision.
During this period, we put in place all means to ensure the confidentiality and security of your personal data, so as to prevent damage, erasure or access by unauthorized third parties.
Access to your personal data is strictly limited to our staff and, where applicable, to our subcontractors.
The subcontractors in question are subject to an obligation of confidentiality and may only use your data in accordance with our contractual provisions and applicable legislation.
Apart from the cases set out above, we undertake not to sell, rent, assign or give access to third parties to your data without your prior consent, unless we are forced to do so for a legitimate reason (obligation legal, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the law "Informatique et Libertés" of January 6, 1978 as amended and European Regulation n ° 2016/679 / EU of April 27, 2016 (applicable from May 25, 2018), you have the right to access, rectify , portability and deletion of your data or limitation of processing. You can also, for legitimate reasons, object to the processing of data concerning you.
You can, subject to the production of valid proof of identity, exercise your rights by contacting the AGAIN company's data controller.
If you no longer wish to receive our news and solicitations (by telephone, SMS, postal or electronic mail) and invitations, you have the option of indicating this to us via the link reserved for this purpose, of modifying your choices by contacting us. under the conditions mentioned above or, where applicable, by modifying the parameters of your online profile. It is the same if you do not wish to receive news, invitations or promotional offers from our partners.
For any additional information or complaint, you can contact the National Commission for Computing and Liberties (more information on www.cnil.fr).
Finally, we inform you of the existence of the “Bloctel” cold calling opposition list, on which you can register (https://conso.bloctel.fr/).
13
Major force
The execution by the Seller of its obligations under the terms of this Contract will be suspended in the event of the occurrence of a fortuitous event or of force majeure which would hinder or delay its execution.
The Seller will notify the Customer of the occurrence of such fortuitous event or force majeure within 5 days from the date of occurrence of the event.
When the suspension of the performance of the Seller's obligations continues for a period of more than 30 days, the Customer has the option of terminating the current Order and the Seller will then refund the Order.
Nullity of a Clause of the Contract
If any of the provisions of this Contract were cancelled, this nullity would not result in the nullity of the other provisions of the Contract which will remain in force between the Parties.
Modification of the Contract
Any amendment, termination or abandonment of any of the clauses of this Contract will only be valid after a written and signed agreement between the Parties.
Modification of the Contract
Any amendment, termination or abandonment of any of the clauses of this Contract will only be valid after a written and signed agreement between the Parties.
Independence of the Parties
None of the parties can make a commitment in the name and/or on behalf of the other Party. Furthermore, each of the Parties remains solely responsible for its claims, commitments, services, products and personnel.
No waiver
The fact for one of the Parties not to take advantage of a commitment by the other Party to any of the obligations referred to herein, cannot be interpreted for the future as a waiver of the obligation in cause.
14
Complaints and amicable settlement of disputes
Under Article L. 612-1 of the Consumer Code "Any consumer has the right to have free recourse to a consumer mediator with a view to the amicable termination of the dispute between him and a professional. "
Disputes falling within the scope of Article L. 612-1 of the Consumer Code are the disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating on the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.
For any difficulty, we invite you to contact us beforehand or to contact our after-sales service:
Basil Dadaux
+33 7 86 12 39 88
contact@again-store.com
After sales service :
Simpl
sav@symp.fr
An online dispute resolution platform is available to you:
https://ec.europa.eu/consumers/odr/main/?event=main.trader.register&lng=FR
Only complaints relating to the Online Sale of Items will be taken into account.
In addition, the Customer always has the right to take legal action to resolve a dispute. Any dispute must be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, when the Customer is a consumer, to any court legally competent.
15
Applicable law
This Agreement will be governed by French law.
16
Attribution of jurisdiction
Any dispute resulting from the formation, interpretation or execution of this Contract will be the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of PARIS, notwithstanding multiple defendants or warranty claims.
17
Annex 1: Withdrawal form
(Complete and return this form as well as the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
For the attention of AGAIN – [21 rue Duperré, 75009, PARIS]
Email: contact@again-store.com
I notify you by the presence of my withdrawal from the contract relating to the sale of the property(ies) below: (identification of the product(s) on which the right of withdrawal is exercised )
Ordered on …………….. (order date) and/or received on …………….. (delivery date)
Name of the consumer Client:
Address of the consumer Client:
Signature of the Consumer Client (only if this form is notified on paper)
Date:
For any information, you can contact Customer Service at contact@again-store.com
