Legals

Terms of Sale

THE CUSTOMERS EXPRESSLY ACKNOWLEDGE THAT THEY HAVE READ THESE GENERAL TERMS OF SALE AND HAVE ACCEPTED THEM WITHOUT RESERVATION BEFORE PLACING ANY PURCHASE.
ANY PURCHASE MADE IN STORES OR ON THE WWW.JACQUEMUS.COM WEBSITE IMPLIES THE CUSTOMER’S UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS OF SALE AND THE GENERAL TERMS OF USE. 

 

ARTICLE 1. DEFINITIONS
For the purpose of these terms of sales, words, terms and expressions hereafter shall have the meanings set forth below, if not defined elsewhere in these terms of sale. 
Agreement”: shall mean: (i) the summary of the Order sent by the Company to the Customer after validation of the Order, the details of which also appear on the User Account, or the receipt issued or sent by the Company to the Customer following a Purchase at one of the stores; and (ii) these TOS.
Company”: shall mean Jacquemus, limited liability corporation with sole shareholder (“société par actions simplifiée à associé unique”) duly organized under the laws of France, with a capital of €74,787.00, whose registered office is located at 69, rue de Monceau, 75008, Paris, France, registered with the Paris Companies Register under identification number 793 555 368.
Customer”: shall mean any User, end-consumer natural person or non-professional legal entity, excluding any reseller or intermediary acting on behalf of a reseller, who proceeds with a Purchase. 
TOS”: refers to the provisions set forth herein which detail the rights and obligations of the Company and the Customer in connection with the purchase of Products.
TOU”: refers to the provisions of the general terms of use of this Site accessible on the Site and accepted without reservation by any User who wishes to proceed with a Purchase.
Guest Account”: shall mean the temporary account reserved for the User who does not wish to create a User Account and which is created only to place one single Order at a time.
Login Identification”: shall mean a confidential identifier and password allowing access to the User Account and to certain content on the Site.
Order”: shall mean any request by a Customer to purchase one or more Products on the Site, subject to validation by the Company. 
Products”: shall mean any product offered for Purchase by the Company on the Site and/or in the store(s).
Purchase” shall mean the transfer of ownership of one or more Products from the Company to the Customer, following the placing of an Order on the Site validated by the Company or a purchase at one of the stores, and in accordance with the provisions of these TOS. 
Site”: shall mean the www.jacquemus.com/ website from which the Company offers its Products for Purchase to the Customer.
User”: shall mean any user of the Site.
User Account”: shall mean  a space reserved for the registered Users, accessible after registration on the Site via a Login Identification or through an already existing account with a third party partner or provider and allowing them to access certain content on the Site or place an Order. 


ARTICLE 2. PURPOSE AND SCOPE 
The TOS apply to any Purchase of Products with the Company on the Site and/or in stores, subject to the provisions provided herein. 
The TOS are written in French in their original version and which shall prevails over any other version.
The TOS shall prevail over, and exclude, any documents or correspondence from the Customers, including their general terms and conditions of purchase and the stipulations mentioned on their own order forms.
These TOS supersede any other agreement and understanding, whether prior or concurrent, between the Company and the Customer regarding the Purchase of the Products.
The Company may update these TOS at any time. The TOS in force at the time of the conclusion of the Agreement are those that are binding upon the Customer.


ARTICLE 3. FEATURES OF THE PRODUCTS
The Products sold by the Company on the Site and/or in stores are clothing and fashion accessories, the characteristics of which are described on the Site and/or can be provided by the sales staff at the stores upon the Customer’s request, and subject the availability. 
While every effort is made to ensure that the color and design of the Products the photos of which are displayed on the Site are faithful to the original Products, they may vary, in particular due to the technical limitations of color rendering on the Customer’s computer hardware. Consequently, the Company shall not be held responsible or legally liable for any non-substantial errors or inaccuracies in the photographs or graphical representations of the Products appearing on the Site.


ARTICLE 4. ONLINE ORDERS
The provisions below shall exclusively apply to Orders placed on the Site.

4.1 Online Ordering process
All Orders placed on the Site are done so through the use of a User Account or a Guest Account. 
The Customer has the option to purchase one or more Products. 
The Order process is as follows:
1. Acceptance of the TOU of the Site: the TOU are deemed accepted by any Users who wish to consult and continue to browse the Site, and who thus represent and affirm that they have read and approved the same to that effect. The TOU must be accepted at each new connection to the Site (including through a new device or another browser) prior to accessing its contents, view the Products, and proceeding with an Order.
2. Product selection: the Customers must select the Product they wish to order.
3. Adding the Product(s) to the User’s shopping cart.
4. Checking the content of the Customer’s selection: the Customers check the content of their shopping cart while keeping the possibility to delete the Products they have selected.
5. Logging in to the User Account or creating a Guest Account: the Customers who wish to proceed without logging in or creating a User Account must then fill in the identification form made available to them and by providing the requested information (mandatory information: surname, first name or company name, address, email, password, telephone number for delivery) in order to place an Order through a Guest Account.
6. Verification of the Customer’s Order: the Customers shall check the summary of their Order, which shall include a description of the Product(s), the price per Product excluding and including VAT and the total price excluding and including VAT, as well as the Customer’s contact details, and the delivery method. The Customers are responsible for making sure that the information is correct and consistent with their request. The Customers shall have the option to modify their Order or their information.
7. Choice of payment method: the Customer shall choose the payment method for his/her Order in accordance with article 4.4 of these TOS. 
8. Acceptance of the TOS: by checking the corresponding box. The TOS must be accepted for each Order. Once this step has been completed, the Customer may no longer modify and/or cancel the Order. 
9. Order validation: the Customer shall receive an email acknowledging receipt of the Order and summarizing the contents of the Order, i.e. the Customer’s shipping and billing addresses, the Order number, the date of the Order, the list of Products ordered and their amounts, the shipping method and the payment method.
10. Processing of the Order by the Company and verification of the availability of the Products ordered.
11. Confirmation of the Order: receipt of an email confirming the Order. The Agreement is deemed concluded on the date this email is sent.
12. Order Tracking: the Customer shall receive information by email concerning the various stages of the Order processing and preparation steps up to the time of shipment. A carrier tracking number is provided to the Customer when the Order is approved. If the Customers wish to obtain information concerning the tracking of their order, they can log on to the website of the carrier chosen by the Company, and follow the progress of their parcel. 

4.2 Availability of the Products
The Products displayed on the Site are available while stocks last. Consequently, and unless a definitive Order is confirmed by the Company, the latter shall in no way guarantee that the Products will remain available for Purchase during a given period, or at their then displayed price.
Errors or changes may exceptionally occur, in particular in the case of simultaneous Orders for the same Product by multiple Customers.
In the event that a Product is unavailable after an Order has been placed, the Company shall inform the Customer by email or telephone as soon as possible, shall proceed with the Customer’s reimbursement of the Order and shall suggest the Customer to choose another Product displayed on the Site as a replacement. 
The Company reserves the right to change at any time and without prior notice the Products offered on the Site.
In order to ensure a better quality of service and availability of its Products to all of its Customers, the Company reserves the right to limit the quantity of Products that can be purchased by a single Customer, in accordance with the applicable provisions in this regard and in particular those of section L.121-11 of the French Consumer Code.
The Company reserves the right not to accept an Order from a Customer with whom it is in dispute over a previous Order, or if the Company reasonably believes that such Customer has infringed these TOS or engaged in fraudulent activity, or for any other legitimate reason.
The Customer can request to be put on a waitlist to be informed when an unavailable Product is back in stock. The Customers must provide their contact details (title, first name, last name, email address) and consent to be receive a automated confirmation email informing them of the availability of the Product.
The Customers may then, should they wish to proceed with the Order of the Product in accordance with the provisions of article 4.1, above.

4.3. Price
The prices of the Products are expressed in Euros with the possibility of choosing to pay in US Dollars, Pounds Sterling, Australian Dollars (on the basis of a semestrial conversion based on the average of the last six (6) months via the converter used for the Site), all taxes included and subject to possible customs fees for Orders outside the EU which shall be borne by the Customer. 
Except in the case of refunds for (i) the exercise of the right of cancel or (ii) lack of conformity and hidden defects, the Company shall not refund the VAT applied to purchases made on the Site (even in the event that the buyer, after receiving the Products, resends them to a country outside the European Union).
The Company reserves the right to modify at any time and without prior notice the prices of the Products offered on the Site.
Products are invoiced on the basis of the prices displayed on the Site at the time the Order is placed, subject to availability of the Products ordered at that time.
Any claim by the Customer that a Product is not available or that its price has varied during the Order process or between two Orders shall be dismissed.
All Orders must be paid for immediately upon placing the Order.
In the event of unavailability of certain Products ordered under the conditions set forth in article 4.2 of these TOS, only the price and shipping costs related to the available Products will be charged.

4.4 Payment terms
The Customers may pay for their Order as follows: 
4.4.1 Payments by credit card 
Payment may be made by Visa, CB, Mastercard or American Express credit cards. Payment is made on the secure site of the Company’s banking partner. The Customer’s banking data does not circulate unencrypted on the Internet and cannot be intercepted. They are not provided to the Company.
4.4.2 Payment by payment application
Payment can be made via PayPal, PayPal Express, Apple Pay (mobile and desktop) or, where possible in the relevant country of residence, Klarna through the online payment provider “Stripe” according to the terms and conditions of these services. The Customer is deemed to have accepted the terms and conditions and privacy policy of the selected payment application. 
4.4.3 Payment by gift cards
• Purchase of gift cards on the Site
Gift cards are available for sale on the Site (hereinafter the “Gift Card(s)”). 
These Gift Cards will have predefined amounts to be selected by the Customer at the time of Purchase. 
They will be sent to the Customers or the recipient of their choice by email. 
The Customer shall also receive an Order Confirmation corresponding to the purchase of the Gift Cards.
These Gift Cards are non-refundable and are valid only for Purchases on the Site, in the relevant country, and for a period of one (1) year from the date of activation. 
If the total amount of the Gift Card is used, the Gift Card is deactivated. 
• Payment with Gift Cards on the Site
The Gift Cards can be used on the Site by entering the Gift Card code provided in the confirmation email of the Gift Card purchased on the Site in the dedicated field. 
If the total amount of the Order exceeds the amount of the Gift Card, the balance must be paid with the other means of payment proposed on the Site as described above. 
If the total amount of the Order is less than the amount of the Gift Card, no additional payment is required from the Customer who will receive by email a new code corresponding to the balance amount to be spent on the Gift Card, and which Customer may use on their next purchase on the Site. The validity date of this new code is identical to the original code. 
• Refund of all or part of an Order paid for in whole or in part with a Gift Card
Customer who have paid for all or part of an Order with a Gift Card shall be refunded for all or part of said Order as follows:
1/ If the entire Order was paid with a Gift Card, the Company shall issue a new Gift Card in the form of a credit note for the amount of the returned item(s), subject to validation of the return by the Company’s warehouse (hereinafter the “Gift Card Credit”). This Gift Card Credit has the same validity period as the original Gift Card, except in the case where the Gift Card has already expired at the date of issue of the Gift Card Credit. In which case, the Gift Card Credit is valid for one (1) month. The Gift Card Credit is only valid for use on the Site. 
2/ If the Order was paid for in part with a Gift Card and partly with an additional payment method, and provided that the return of the relevant item(s) for which reimbursement is being sought has been declared compliant by the Company’s warehouse, the Customer will be reimbursed proportionally for the relevant item(s) on the different means of payment used, i.e.:

  • The part related to the amount paid by the Customer with the Gift Card for the relevant item(s) with the issuance of a Gift Card Credit of a value proportional to the amount initially paid with this payment method for said item(s); and
  • The remainder of the amount paid with the additional payment method. 

This Gift Card Credit has the same validity period as the original Gift Card, except in the event that the Gift Card has already expired at the date of issue of the Gift Card Credit. In which case, the Gift Card Credit is valid for one (1) month. The Gift Card Credit is only valid for use on the Site.


ARTICLE 5. TERMS OF DELIVERY OF PRODUCTS
The provisions below shall apply exclusively to Orders placed on the Site.

5.1 Delivery address
The Company shall deliver the Products to Metropolitan France and abroad to the countries indicated on the Site, at the applicable delivery and shipping fees. 
Delivery shall be made to the delivery address validated by the Customer at the time of the Order as the “delivery address”, which may be different from the “billing address”. The amount of the preparation and shipping costs depends on the place of delivery and the total amount of the Order. They will be detailed in the invoice.
The Company shall not be held responsible or legally liable for any action and/or fees and/or taxes (which are the exclusive responsibility of the Customer) and/or delays due to customs services over which it has no control.

5.2 Delivery methods and time limits
The available delivery methods depend on the quantity of Products ordered and the place of delivery. 
If the Order reaches a certain volume, the Company reserves the right to send them to the Customer in multiple shipments and/or multiple parcels.
The Company reserves the right to choose the carrier.
The date of availability depends on the state of the stock, the date of shipment of the Order, and the time of availability which in turn depends on the method of availability.
For all Products, the average delivery time is between four (4) and nine (9) working days from the confirmation of the Order by email. 
The dates and delivery times provided by the Company are given as an indication only. The Company reserves the right to change the dates previously announced.
As an exception to the above-mentioned deadlines, “pre-order” sales may be subject to longer delivery times. In this case, the estimated delivery time for “pre-order” sales may be six (6) to nine (9) months from the confirmation of the Order by email.
Exceeding the estimated delivery time indicated shall not entitle the Customer to any cancellation of the Order, to any reduction in the price paid by the Customer, or to any payment of damages. However, if the Order is not delivered within thirty (30) days of the estimated delivery date, Customer shall have the option to cancel the Order at no cost. The sums paid by the Customer shall then be refunded. If the Company is able to do so, the Company reserves the right to offer the Customer a Product of equivalent quality and price to the Product initially ordered.

5.3 Receipt of the Order
Upon receipt of the Order, it is the responsibility of the Customer or the authorized recipient of the Order to verify the conformity of the Product(s) provided with the Order prior to signing the delivery slip attached to the parcel. 
In the event of a problem, the Customers shall make handwritten reservations on the delivery slip (damaged Product, missing Product, etc.), accompanied by their signature, and inform the carrier within three (3) working days of receipt of the Product(s) by registered letter with acknowledgement of receipt. 
The Customer shall provide a copy of that letter to the Company:
- By email at customercare@jacquemus.com; and
- By post mail at: Jacquemus – Customer Service – 69, rue de Monceau, 75008 Paris, France. 
No claim regarding the condition of the delivered parcel(s) will be accepted if the delivery slip was signed without any reservations. 
In case of incomplete address, wrong address, refusal to take possession of the parcel by the recipient, or lack of information leading to an impossibility to deliver the Product to the recipient in time, the Company cannot be held responsible for the final quality of this delivery. If such lack of information results in a second presentation to the recipient, the Company shall be entitled to charge the Customer for the costs of such second delivery. The Customer is subject to the carrier’s general terms of delivery which, in certain cases, if not accepted by Customer, may impact the quality of the delivery.
Thus, in case of absence of the recipient, according to the carrier’s general delivery conditions, the parcel may be presented again and/or put in consignment in an agreed relay point and/or in front of the Customer’s home and/or in a carrier’s “sorting-waiting” center, and/or sent back to the Company, which shall not be held responsible or legally liable for any theft, loss, damage to the Products related to their delivery and, in general, for the final quality of the delivery.
In the event that delivery is not possible, and the Product is returned to the Company by the carrier, the Company will not make a new delivery.

5.4 Terms of return of Products in case of reservations
The Product(s) must be returned in their original condition (packaging, accessories, etc.) and according to the following shipping conditions: 
- By using the postage-paid return label and return form, duly completed and dated, which are supplied in the parcel;
- For specific products, whose packaging does not allow the return label to be included in the original parcel, the Customer must first contact Customer Service, in order to obtain a return label, at the following email address: customercare@jacquemus.com. 
No returns will be accepted without following these instructions.


ARTICLE 6. RETENTION OF TITLE
The Products ordered shall remain the property of the Company until full payment has been received by the Company. However, any and all risks related to the Products (notably loss, theft or damage) are transferred onto the Customer as of the moment said Products are delivered to the address indicated on the Order.


ARTICLE 7. RIGHT OF WITHDRAWAL
The provisions below shall apply exclusively to Order placed on the Site.
In accordance with sections L.221-18 of the French Consumer Code, the Customers have a period of fourteen (14) days from the date of receipt of the Products purchased on the Site to inform the Company’s Customer Service department of their wish to exercise their right of withdrawal and return the Products.
To exercise this right of return, the Customer shall, within the above-mentioned fourteen (14) day period:  
1. Use the return label enclosed inside the delivery parcel; or
2. Regarding specific products whose packaging does not allow the return label to be included in the original delivery parcel, the Customer must first contact Customer Service, in order to obtain a return label, at the following email address: customercare@jacquemus.com. 
Any parcel returned after the stated deadline will be refused and returned to the sender at the sender’s expense.
In order for Customer Service to accept an exchange and/or refund, the Product must be returned complete in its original packaging, undamaged, with its label attached, unworn and with all accessories.
No returns will be accepted without following these instructions. 
Should the Customer exercise this right in a regular manner, the Company will reimburse the Customer for the price of the returned Products (excluding any customs charges), within a maximum period of fourteen (14) days following receipt of the returned Products. This refund will be made by crediting the bank account used for payment of the Order or under the conditions of article 4.4.3, if applicable.


ARTICLE 8. STATUTORY WARRANTIES

8.1 Common provisions
The Products sold by the Company are subject to the statutory warranties provided for in sections L.217-4 to L.217-14 of the French Consumer Code as well as sections 1641 and 1648 of the French Civil Code, to the exclusion of all other warranties:
The Company will refuse any claim concerning Products that have been used improperly.
Any claim concerning the Products as such and not related to the delivery must be made:
- By email at customercare@jacquemus.com; and
- Followed by a written confirmation sent by registered letter with acknowledgement of receipt to the Customer Service at: Jacquemus – Customer Service – 69, rue de Monceau 75008 Paris, France.
These warranties shall only apply if the Customer makes the request within a period of twenty-four (24) months from the delivery of the Product (for the statutory warranty of conformity) or from the discovery of the defect (for the statutory warranty for hidden defects) and in the prescribed form.
It is up to the Customers to prove that the conditions of the warranty are met.
In case of lack of conformity and/or hidden defects recognized by the Company, and the Customer decides to return the Product, the Customer shall contact the Customer Service, in order to obtain a return label,  at the following email address: customercare@jacquemus.com.
No parcels will be accepted without following these instructions.

8.2 Statutory warranty of conformity
The Company sells to the Customer a Product that conforms to the Order and that is free from defects in conformity when delivered to the Customer, in the sense that the Product shall be fit for the purpose usually expected of a similar good and shall have the characteristics presented at the time of sale. 
The Company shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the Company was in charge thereof pursuant to the Order or has been carried out under Company’s responsibility.
Defects of conformity which appear within twenty-four (24) months of delivery and/or of Purchase shall be presumed to have existed at the time of delivery and/or of Purchase, unless proven otherwise.
In the event of a recognized non-conformity of a Product sold by the Company, the Customer may choose between having the Product repaired or returned, unless either of these choices entails a manifestly disproportionate cost for the Company. 
If repair or replacement of the Product is not possible, the Customer may obtain a refund of the price paid and return the Product or keep the Product and obtain a refund of part of the price, unless the lack of conformity is minor.

8.3 Statutory warranty against hidden defects
The Company shall deliver to the Customer a Product free of hidden defects which would render it unfit for its intended use, or which so diminish such use, that the Customers would not have acquired it, or would have agreed to a lower price for it, had they been aware of them.
In the event of a hidden defect recognized on a Product sold by the Company, the Customer shall have the choice between: (i) returning the Product and having the price and expenses incurred by the sale refunded; and (ii) keeping the Product and having part of the price refunded.
The return, replacement or refund of the Product will be free of charge for the Customer.

8.4 Reminder of the provisions of the French Consumer Code and the French Civil Code 
The applicable provisions of the Consumer Code are as follows: 
- Section L.217-4 of the Consumer Code: “The seller is required to deliver goods that are conforming to the contract and is liable for any non-conformity that exist at the time of delivery. They are also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was their responsibility by the contract or was carried out under their responsibility”. 
- Section L.217-5 of the Consumer Code: “To conform to the contract, the goods must: 1) Be fit for the purpose usually expected of similar goods and, where applicable: - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the manufacturer or by their representatives, in particular in advertising or labelling; 2) Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by them”.
- Section L.217-12 of the French Consumer Code: “The action resulting from the lack of conformity is barred by two-year statute of limitation from the delivery of the goods”.
- Section L.217-16 of the French Consumer Code: “When the buyer asks the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period shall run from the date of the buyer’s request for intervention or from the date the goods in question are made available for repair, if the goods are made available after the request for intervention”.
The applicable provisions of the Civil Code are as follows:
- Section 1641 of the Civil Code: “The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if they had known of them”.
- Section 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect”.

8.5 Registration with an organization in charge of extended producer responsibilities
In accordance with French Statute no. 2020-105 from February 10, 2020 on waste prevention and the promotion of circular economy (AGEC), and sections L.541-10 et seq. of the French Environment Code, the Company is registered with: 
- The CITEO agency for extended producer responsibility for household packaging & graphic paper under IDU number FR378359_01EIIS.


ARTICLE 9. INTELLECTUAL PROPERTY AND UNFAIR COMPETITION
All documents, information, texts, graphics, images, photographs or any other content published on the Site are the exclusive property of the Company or are used with the agreement of their owners.
They are protected by copyright, trademark law, designs and models and/or any other intellectual property right, and related rights. 
Consequently, they may not be reproduced, commercially used or otherwise used for any purpose whatsoever without the express permission of the publication director.
The Company is the owner of all intellectual property rights (with the exception of the moral rights of the authors) relating to the Products and their packaging, and to the trademarks and distinctive signs under which the Products are marketed.
No license, nor any right other than that of acquiring the Products, physical media and containers, is granted to anyone with regard to intellectual property rights, including for labels, packaging, leaflets, and other elements created by the Company at the specific request of the Customer.
Any reproduction, representation, use, adaptation, modification, incorporation, translation, or marketing, whether in whole or in part, by any process and on any medium whatsoever (paper, digital, etc.) is prohibited without the prior written authorization of the Company’s publication director, under penalty of constituting an infringement of copyright and/or designs and/or trademarks, or unfair competition.
In this respect, the Customer undertakes not to infringe the aforementioned rights in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for their own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and the brands belonging to the Company.


ARTICLE 10. LIMITATION OF LIABILITY
The Company’s liability may be incurred in the event of proven fault or gross negligence and shall in such case be limited to direct and personal loss, to the exclusion of any indirect loss of any kind.


ARTICLE 11. PERSONAL DATA
The provisions relating to personal data transmitted between the Company and the Customer in the context of the performance of the TOS are set out in the personal data processing policy, which is available here: https://www.jacquemus.com/en_fr/privacy-policy/legal-privacy-policy.html.


ARTICLE 12. FORCE MAJEURE
Pursuant to section 1148 of the French Civil Code, “Force Majeure” refers to all external, irresistible and unforeseeable circumstances, beyond the reasonable control of the party being subject to an event of force majeure.
In the event that the Company is prevented or delayed by force majeure in the performance of its obligations, the Company undertakes to inform the Customer within ninety-six (96) hours, specifying the precise elements constituting the force majeure and the reasonably foreseeable duration of the delay or prevention. 
The Company shall then be released from any liability for the non-performance or delay in performance of its obligations, but undertakes to use its best efforts to resume full performance without delay. 
In the event of such force majeure, the Company may terminate the Order or any part thereof at its sole discretion, without any liability, but shall reimburse the Customer for any amounts already paid. In no event shall the Customers be entitled to claim and rely on an event of force majeure to release themselves, even temporarily, from an obligation to pay a sum of money.


ARTICLE 13. TERM
These TOS will remain in force until their replacement by the new versions under the conditions of article 14.


ARTICLE 14. MODIFICATIONS
The Company may change these TOS at any time. 
The new TOS will come into force from the first of the following two dates: (i) their date of publication on the platform, provided that the Customer has been informed of their publication online; or (ii) their communication by any written means to, and acceptance by, the Customer. 
The continuation of the Company’s commitment by the Customer thus informed will be deemed to have been made by consenting to the new version of the TOS.


ARTICLE 15. GOVERNING LAW - DISPUTES
These TOS shall be governed and interpreted in accordance with French law. 
In the event of a dispute the French courts shall have exclusive jurisdiction. However, in accordance with Regulation EC No. 593/2008 of the 17 June 2008, these TOS do not prevent the application of a more favorable mandatory non-waivable provisions to the Customer, and as may applicable based on the Customer’s usual place of residence.
In the event of a dispute arising in connection with the performance and/or the interpretation of these TOS, the Customer may submit such dispute to a contractually-agreed mediation procedure or any other alternative dispute resolution procedure. 
Pursuant to Ordinance No. 2015-1033 of 20 August 2015 and to the enforcement Decree No. 2015-1382 of 30 October 2015, any consumer dispute or litigation, subject to section L.612-2 of the French Consumer Code, may be the subject of an amicable settlement by mediation through the CMAP - Paris Centre of Mediation and Arbitration. In order to bring a complaint before the mediator, the Customer may: (i) fill in the form on the CMAP website www.cmap.fr , and then “you are: a consumer” tab; (ii) send their request by first class mail or registered letter to: CMAP - Médiation Consommation, 39, avenue Franklin D. Roosevelt, 75008 Paris, France; or (iii) send an email to consommation@cmap.fr. 
Irrespective of the means used to contact the CMAP, the Customer’s request must state or list the following elements in order to be processed rapidly: their postal address, email address and telephone number, as well as the full name and address of the Company, a clear statement of the facts, and proof of previous steps taken with the Company.
Notwithstanding the foregoing, in the case of a dispute, in accordance with Regulation EC No. 1215/2012 of 12 December 2012:
- The Customers may bring the matter before the competent court of their domicile or the French courts,
- The Company may bring the matter before the court of the Customer’s domicile.


ARTICLE 16. SPECIAL CONDITIONS AND CONDITIONS APPLICABLE TO THE PURCHASE OF PRODUCTS IN STORES
The provisions below are special terms and conditions which shall exclusively govern the Purchase of Products by a Customer at the stores.
Proceeding with the Purchase at the store imply the Customer’s unreserved acceptance of the TOS which are also available: (i) at the store’s information point; or (ii) at the Customer’s request with the store’s staff. With that respect, Customers represent and affirm that they have read and accepted the TOS prior to proceeding with the Purchase of the Products at the stores.

16.1 Price and Payment Terms
The price for the Products is displayed in the stores, in the official currency of the country of the store’s location, inclusive of taxes.
The Company reserves the right to modify the price of the Products offered for sale at the stores, at any time. The Products are sold to the Customer at the price in force on the day the Customer proceeds with their Purchase.
The Purchase price is payable in the official currency of the country of the store’s location.
The Purchase price is payable in full, on the day of the Purchase in the store, and as per the following terms:
- In cash, subject to the limitation provided by the local regulations in force;
- By Visa, CB, MasterCard, and American Express credit cards;
- By Apple Pay;
- By Wechat and Alipay;
- By Paybylink.
Each of the above applications and methods are subject to their respective terms and conditions. The Customer is deemed to have accepted the terms and conditions of service and privacy policy of the selected payment application or method.

16.2 Return policy for the Products
Except for Products sold on sale, which are neither refundable nor exchangeable, the Customer may exchange a Product within thirty (30) calendar days, by presenting a receipt and provided the Products are returned in their original state (including packaging, accessories, etc.) to one of the stores of the country where they were purchased.
Notwithstanding the foregoing, returns are not acceptable for tax-free Purchases.
If the exchange is not possible, a credit may be issued. Such credit is valid for one (1) year as of the date of issue, and may be used exclusively at the stores.