Terms & Conditions

Wednesday 4th of March 2015

 

The www.colorblindapparel.com web site is published by COLORBLIND APPAREL, an individual undertaking company registered in the trades and companies’ register of Toulouse (France), whose registered address is 89 rue du Faubourg Bonnefoy, 31500 Toulouse, France, and whose SIRET number is 75181648900015 and VAT intra. number is FR47751816489.

 

Address of the web site: www.colorblindapparel.com

 

These General Terms of Sale lay down the rights and obligations of the parties as part of the sales of T-shirts which take place on the www.colorblindapparel.com web site and set out all the stages needed for placing and monitoring orders via this web site.

 

These General Terms of Sale only apply to natural persons acting in a private capacity, aged at least 18 years and with the legal capacity to enter into contracts. 

 

ARTICLE  1  –  GENERAL  PROVISIONS  OF  THESE  GENERAL  TERMS  OF SALE (HEREINAFTER THE GTC)

1.1. Subject-matter of the General Terms of Sale

 

These General Terms of Sale are applicable solely to the online sale of the products of COLORBLIND  APPAREL  on  the www.colorblindapparel.com  web  site,  hereinafter referred to as the Site, which is accessible freely and free of charge by any Internet user.

 

1.2. Scope of the General Terms of Sale

 

The General Terms of Sale govern solely contracts for the online sale of the products of COLORBLIND APPAREL (hereinafter referred to as the Professional Seller) to buyers who are consumers (hereinafter referred to as the Consumers) and constitute together with the order form the contractual documents that are enforceable upon the parties, to the exclusion of all other documents, leaflets, catalogues or photographs of the products, which shall be merely indicative.

 

The General Terms of Sale are exclusively applicable to goods delivered to Consumers based in France and in the Member States of the European Union.

 

These General Terms of Sale are drawn up in French, as is all of the contractual information mentioned on the web site.

 

1.3. Availability and enforceability of the General Terms of Sale

 

These General Terms of Sale are made available to the Consumers on the Site of the Professional Seller where they can be viewed directly and can also be disclosed to them immediately upon a request being made by telephone, e-mail or post.

 

The General Terms of Sale are enforceable upon the Consumer who must acknowledge having read them and accepted them by ticking a box provided to that end prior to placing his order.

The Consumer’s validation of his order upon confirmation shall be tantamount to an undertaking to adhere to the General Terms of Sale that are in force on the date of the order, which shall be kept and reproduced by the Professional Seller in accordance with article

1369-4 of the Civil Code.

 

1.4. Modification of the General Terms of Sale

 

The Professional Seller shall be entitled to modify his General Terms of Sale at any moment in time.

 

In case of a modification of the General Terms of Sale, the General Terms of Sale that shall be applicable shall be those that were in force at the time of the order, a copy of which, dated on that day, can be provided to the Consumer at his request.

 

1.5. The clauses of the General Terms of Sale

 

The nullity of a term of the contract shall not result in the nullity of the General Terms of Sale as a whole, unless the term in question is a decisive clause which led one of the parties to enter into the contract for sale.

 

The temporary or permanent non-application of one or more terms of the General Terms of Sale by the Professional Seller shall not be tantamount to a renunciation on his part to the other terms of the General Terms of Sale, which shall continue to produce their effects.

 

ARTICLE 2 – THE PRODUCTS

2.1. Characteristics

 

The goods that are offered for sale and are presented in the catalogue published on the Site each have a description mentioning their essential characteristics as per article L. 111-1 of France’s Code de la Consommation [consumer code].

 

The photographs illustrating the products are not contractual.

 

2.2. Compliance

 

The products comply with the prevailing guidelines concerning health and safety, fair commercial transactions and consumer protection at the time when they are offered for sale.

 

The products comply with the prevailing provisions of French law at the time when they are offered for sale.

 

ARTICLE 3 – PRICES

3.1. Sales prices

 

In accordance with article L. 113-13 of France’s Code de la consummation, the sales prices of each of the products featuring in the electronic catalogue are quoted in euros including all taxes, but excluding delivery and transportation costs, which shall be mentioned before confirmation of the order and shall be billed over and above the price.

 

The total amount due by the Consumer shall be indicated on the order confirmation page. The sale price of the product shall be that which is in force on the date of the order.

In case of price promotion, the Professional Seller pledges to apply the promotional price to any order that is placed throughout the duration of the promotion.

 

The carriage fees shall comprise the packaging and delivery costs. They vary depending on the destination and shall always be indicated separately before the final validation of the order.

 

3.2. Modification

 

The Professional Seller shall be entitled to modify its prices at any moment in time, while guaranteeing to the Consumer the prices applicable on the date of the order.

 

Article 4 – THE OFFER

4.1. Scope

 

The offers for sale presented online on the Site are earmarked to Consumers residing in

France or in an EU Member State, for delivery in these same geographical areas.

 

4.2. Duration

 

In the absence of any indication as to duration, the online offers for sale presented on the Site shall be valid as long as the products feature in the electronic catalogue and subject to availability.

 

4.3. Acceptance

 

The acceptance of the offer by the Consumer shall be validated, in keeping with the double- click process, upon confirmation of the order.

 

ARTICLE 5 – THE ORDER

5.1. Steps involved in the formation of the contract

 

Orders may only be placed on the Site after the Consumer identifies himself by keying in his user ID and password.

 

In order to place an order, the Consumer, having filled his virtual shopping basket by selecting a variety of products and stating the quantities sought, must then click on “Order” and provide the requisite information concerning the delivery and the method of payment.

 

Before clicking on “Confirm the order”, the Consumer should check the details of his order and its total price and can return to the previous pages in order to correct any errors or to modify his order.

 

The confirmation of the order is tantamount to acceptance of the General Terms of Sale and causes the contract to be formed.

 

An e-mail acknowledging receipt of the order and payment for same shall be sent to the

Consumer by the Professional Seller as soon as possible.

 

The e-mail comprises a summary of the items ordered, the total price including tax and including the delivery costs borne by the buyer, the delivery address as well as the tracking number of the parcel.

 

The final validation of the order shall take place after confirmation of the Consumer’s payment for the products.

 

5.2. Modification of an order

 

Any modification of an order by the Consumer after confirmation of his order shall be subject to acceptance by the Professional Seller.

 

The Professional Seller shall be entitled to make changes to the products ordered that are linked to technical developments in keeping with the terms of article R. 132-2-1-V of France’s Code de la consommation.

 

5.3. Confirmation of the order

 

The Professional Seller shall be entitled to refuse any order on legitimate grounds and specifically if the quantities of products ordered are abnormally high for buyers who are Consumers.

 

5.4. Unavailability of the products ordered

 

The products are sold subject to availability.

 

If the products ordered are not available for delivery, the Professional Seller shall immediately inform the Consumer of this by e-mail or by post and may propose to him a product of similar quality and price.

 

Should the Consumer not agree, the moneys paid by the Consumer shall be refunded within thirty days.

 

ARTICLE 6 – THE CONTRACT

6.1. Formation

 

The contract for sale is formed at the time when the Consumer confirms his order.

 

6.2. Archiving and evidence

 

The correspondence, the order forms and the invoices are archived on a durable and reliable medium so as to constitute a faithful and lasting copy in accordance with article 1348 of the Civil Code.

 

This correspondence and these order forms and invoices can be produced as evidence of the contract.

 

6.3. Withdrawal

 

Following receipt of the products, the Consumer shall have a timescale of seven full days during which he may withdraw from the sale by sending back the products that are delivered without having to provide any justification, or pay any penalty, to the following address:

 

COLORBLIND APPAREL

89, rue du Faubourg Bonnefoy

31500 TOULOUSE FRANCE

 

Should this be the case, the invoice should be enclosed with the returned parcel.

 

The costs of returning the goods shall be borne by the Consumer and shall therefore be deducted from the reimbursement by COLORBLIND APPAREL, which shall take place within

30 days following the cancellation of the order.

 

The Professional Seller pledges to refund the Consumer within thirty days following the date of COLORBLIND APPAREL’s receipt of the returned goods, provided that the products that are returned are in their original packaging, and are complete, in perfect condition and accompanied by the original purchase invoice.

 

Given that the Consumer is responsible for returning the products, it is up to him to return them in a suitable manner by registered and tracked post, with a declaration of the value of the goods.

 

If out of an order containing several items, only one is returned with a view to an exchange or a refund, the shipping and handling costs and the return costs shall be borne by the Consumer.

 

Any returned items which are damaged, broken or soiled shall neither be taken back nor exchanged.

 

6.4. Rescission

 

The contract may be rescinded by the Consumer in case of:

 

-     Delivery of a product that does not comply with the declared characteristics of the product;

 

-     Delivery after the deadline set out in the order form for products whose value is greater than 500 euros in keeping with the terms of article 8.1. of the General Terms of Sale;

 

-     Increase in the price that is not justified by a technical modification of the product imposed by the Authorities.

 

In all these cases, the Consumer may request a refund of the down-payment paid upon placing the order, plus interest accruing at the standard interest rate as of the date on which the down-payment was cashed.

 

The contract can be rescinded by the Professional Seller in case of:

 

-     Refusal by the Consumer to take delivery;

 

-     Non-payment of the price (or of the balance of the price) at the time of the delivery.

 

In  all  these  cases, the  down-payment paid  upon  placing the  order  shall  accrue to  the

Professional Seller as compensation.

 

ARTICLE 7 – PAYMENT

7.1. Terms of payment

 

The price is due in full upon confirmation of the order.

 

COLORBLIND APPAREL accepts payment by French bank cards (bearing the “CB” symbol) and international bank cards (bearing the “VISA” or “MASTERCARD” symbols) as well as payments by the PAYPAL system.

 

7.2. Securing the payments

 

The Site operates a system for securing online payments enabling encryption of the transmission of the Consumer’s bank account data.

 

At the time of the payment for the order by bank card on the Site, the Consumer must state his card number, its expiry date and the cardholder’s name.

 

For greater security, the Consumer must also state the security code of the bank card, to wit the 3 figure number featuring at the back of the card.

 

7.3. Late payment

 

Any moneys that are not paid by their due date shall accrue interest at the standard commercial rate without any prior notice.

 

7.4. Failure to pay

 

Should the price not be paid on the agreed due date, the Professional Seller shall be entitled to claim payment thereof, to suspend the delivery or to rescind the contract as of right while retaining the down-payment paid upon placing the order as compensation.

 

ARTICLE 8 – DELIVERY

8.1. Delivery timescale

 

The Professional Seller pledges to send out the products that are ordered within 48 hours after receipt of the order and to deliver them in accordance with the delivery timescale stated on the Site for each of the products.

 

The delivery timescales shall vary depending on the destination and are indicated upon placing each order.

 

8.2. Late delivery

 

Any delay in delivery of more than seven days which is not due to circumstances of force majeure may lead to the rescission of the sale by the Consumer, who shall be entitled to renounce his order within sixty working days following the stated delivery date by means of a letter sent by registered post with acknowledgement of receipt and return the goods if they have already been delivered, and who shall receive a refund of the payment made from the Professional Seller within thirty days, to the exclusion of any compensation.

 

8.3. Delivery terms

 

The goods shall be delivered to the address specified by the Consumer when placing the order.

 

Should  the  delivery  address  be  different  from  the  billing  address,  these  two  different addresses should be stated on the order form.

 

The Consumer should also provide any useful information for the delivery of the goods upon placing the order.

 

The delivery shall take place by post (via the colissimo service or by registered post with acknowledgement of receipt).

 

The goods ordered shall be delivered to the letterbox of the Consumer, size permitting, or in person in case of delivery by registered post, and if need be, an attempted delivery note shall be left in order to enable the Consumer to retrieve his order from the nearest post office.

 

In case of erroneous or incomplete information which makes it impossible for the carrier to deliver the goods, a second delivery shall be attempted after the return of the goods to COLORBLIND APPAREL by the carrier, subject to the Consumer’s prior payment of the new carriage costs.

 

In case of damage or partial loss of the products, the Consumer must imperatively formulate reservations upon receipt of the products on the delivery note, a duplicate of which shall be sent to the Professional Seller, and within three days following receipt, the Consumer must notify these reservations to the carrier by means of a letter sent by registered post with acknowledgement of receipt in accordance with article L. 133-3 of France’s Code de commerce.

 

8.4. Compliance of the products

 

Should the product that is received not comply with the order, the Consumer must send a claim to the Professional Seller with a view to the replacement of the product or the rescission of the sale where applicable.

 

8.5. Unavailability of the products

 

Should the products not be available for delivery, the Professional Seller may offer the Consumer a product of equivalent quality and price, in keeping with the terms of article 5.4 of the General Terms of Sale.

 

8.6. Non delivery

 

Any failure to deliver the products ordered shall result in the rescission of the contract for sale as of right.

 

ARTICLE 9 – Warranties

9.1. Statutory warranties

 

All the goods supplied by the Professional Seller are covered by the statutory warranty of compliance stipulated by articles L. 211-4 to L. 211-14 of France’s Code de la Consommation and the statutory warranty against hidden defects laid down by articles 1641 to 1649 of the Civil Code.

 

Under these warranties, the Professional Seller pledges, at the consumer’s discretion, to refund or to exchange any goods that are defective or that do not correspond to his order.

 

Article L. 211-4 of France’s Code de la Consommation

 

“The seller must deliver goods that comply with the contract and is liable for any non- compliance upon delivery.

 

The seller shall also be liable for any non-compliance resulting from the packaging, the assembly instructions or the installation if he is responsible for this under the contract or if it was carried out under his responsibility.”

 

Article L. 211-5 of France’s Code de la Consommation

 

in order to comply with the contract, the goods must:

 

1. Be suited to the use that is normally expected from similar goods and, where applicable:

 

- correspond to the description provided by the seller and have the properties which the latter presented to the buyer in the form of a sample or model;

 

- feature the properties that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, such as in the advertising or the labelling;

 

2. Or feature the characteristics defined jointly by the parties or be suited to any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”

 

Article L. 211-12 of France’s Code de la Consommation

 

Any claim for non-compliance is time-barred two years following the delivery of the goods.”

 

Article 1641 of the Civil Code

 

“The seller is bound by a warranty against hidden defects affecting of the thing sold which make it unsuitable for its intended use or which diminish this use to such an extent that the buyer would not have bought it, or would have offered a lower price for it, had he known about them.”

 

Article 1648 of the Civil Code

 

Any claims for actionable defects must be brought by the purchaser within two years as of the discovery of the fault.

 

In the case mentioned in article 1642-1, the action must be brought within a year following the date on which the seller can be relieved from liability for visible defects or non-compliance of the goods, failing which this right shall be forfeited.”

 

9.2 Customer service

 

Any claims made under these warranties must be made by e-mail to the customer service unit: contact@colorblindapparel.com, COLORBLIND APPAREL, 89 rue du Faubourg Bonnefoy, 31500 Toulouse, France.

 

The products that are covered by the warranties must be returned in new condition, complete and in their original state and packaging after receipt and acceptance of the claim by the customer service unit.

 

The Consumer shall receive a refund for the postal returns costs within thirty days following receipt of the goods by the Professional Seller.

 

9.3 Warranty terms

 

Any clauses which provide exoneration from or limit the rights granted to consumers by the statutory guaranties, which are deemed to be null and void when they are stipulated prior to any claim by the Consumer, shall be valid when they are agreed after such a claim in accordance with article L. 211-17 of France’s Code de la Consommation.

 

9.4. Law applicable to the warranties

 

In accordance with directive no 99/44/EC of 25 May 1999 concerning the sale and the warranties over consumer goods, the application of French law to the contract in accordance with article 15 of the General Terms of Sale may not result in depriving a Consumer residing in another Member State of the warranties by which he may be covered under his national law.

 

ARTICLE 10 – LIABILITY

10.1. Exoneration of liability

 

The Professional Seller shall not be liable in case of non-performance or inadequate performance of the contract, due either to the buyer or to an act of a third party to the contract that is unpredictable and impossible to overcome, or to force majeure.

 

The Professional Seller shall not be liable for non-compliance of the product with the laws of the country of the Consumer, who shall be responsible for checking whether the product is prohibited from sale in his country.

 

10.2. Unsafe product

 

In case of damage caused by an unsafe product, the Consumer must invoke the liability of the manufacturer, which is identifiable based on the information mentioned on the packaging of the product.

 

10.3. Penalty clause

 

In all the cases where the Consumer fails to perform his obligations, the down-payment paid upon placing the order shall accrue to the Professional Seller as compensation.

 

ARTICLE 11 – TERMINATION CLAUSE

The rescission of the order in the cases mentioned in these General Terms of Sale must take place by means of a letter sent by registered post with acknowledgement of receipt and shall happen as of right without any legal formality.

 

ARTICLE 12 – INTELLECTUAL PROPERTY

The elements that are reproduced on this Site and which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.

 

Any reproduction and any dissemination of these elements, without the prior written authorisation of the publisher, may result in the legal prosecution of the offenders.

 

COLORBLIND APPAREL retains all the proprietary and intangible rights linked to the documents featuring on this web site, subject to the rights of the authors of works published or transferred on the Site.

 

The users of the www.colorblindapparel.com web site pledge not to gather, collect, distort or use the information to which they have access on this web site on any grounds whatsoever.

 

ARTICLE 13 – PERSONAL DATA

The gathering of personal data, its use for the handling of the orders and the compilation of client files and its disclosure to third parties who are in charge of performing and handling payments for the orders, shall be subject to the consent of the person concerned.

 

The processing of the personal data, which shall be kept by the publisher for the sole purposes of the proper administration of the orders and the commercial relationship with the Consumers, has been declared to France’s Commission Nationale Informatique et Libertés [data protection watchdog].

 

The Consumer has a right to access, modify, correct and request the deletion of any personal data concerning him at all times.

 

In accordance with France’s law of 6 January 1978, the Consumer may secure disclosure and, where applicable, may request the rectification or deletion of information concerning him by sending an e-mail to COLORBLIND APPAREL at the following address: contact@colorblindapparel.com.

 

This right can be exercised directly in the “Mon compte [my account]” space on the web site of COLORBLIND APPAREL.

 

ARTICLE 14 – SETTLEMENT OF DISPUTES

14.1. Claims

 

Any claims must be sent to the customer service unit: contact@colorblindapparel.com.

 

14.2. Mediation

 

Should the claim made to the customer service unit fail or should the unit not respond within two months, the Consumer may submit his dispute against the Professional Seller concerning the order or these General Terms of Sale to a mediator who shall attempt to reconcile the parties independently and impartially with a view to reaching an amicable settlement.

 

The parties to the contract shall be entitled to accept or to refuse the use of mediation as well as, in case of use of mediation, to accept or to refuse the solution proposed by the mediator.

 

14.3. Territorial competence

 

Should any dispute arise in connection with the order form and these General Terms of Sale, the competent court shall be that of the place where the defendant is domiciled or that of the effective place of delivery of the goods.

 

Cross-border disputes within the EU.

 

Should any dispute arise in connection with the order form or these General Terms of Sale to which the Consumer is the defendant, the competent court shall be the Court of the Consumer’s domicile.

 

ARTICLE 15 – APPLICABLE LAW

This contract and the General Terms of Sale which govern it shall be governed by French law.