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USEFUL INFORMATION

Terms & Conditions 

Terms & Conditions of UpCouture Online Store

27, rue du Chemin Vert
75011 Paris, FRANCE

October 2012


§ 1 - Scope of the General Terms and Conditions and Definitions

1. These general conditions of sale (hereinafter the "Terms") apply to the website of the online store UpCouture France available at www.upcouture.com (hereinafter the "Website") as well as to orders on the Website. In these Terms, references such as "we" / "our" refer to UpCouture SASU (located at the address mentioned above) and references such as "you" / "your" refers to you as a user of the Website.

2. Please read the Terms and Conditions before placing your order on the Website. Certain parts of the Website and the orders on the Website are subject to the application of these Terms. We recommend that you make a copy of these Terms in order to refer to it later. 

3. These Terms apply to any and all sales made on the e-boutique www.upcouture.com.

4. The Terms are governed by and subject to French law. 


§ 2 - The Sale Agreement

1. Your order constitutes acceptance of our offer and without limitation acceptance of the indicated price and described products. Therefore, when you confirm your order, you agree to be bound by the sale agreement.

We shall proceed with orders we receive within the limits of available stocks. If the product you ordered is no longer available, we shall inform you and ask you if you wish another color/model or cancelation of your order. If you wish no other color/model, we shall cancel your order for the product which is no longer available and proceed with immediate reimbursement. In the case where only some of the products ordered are no longer available, we shall process the order for the products available and inform you by email of to the unavailability of other products. The order relating to the products that are no longer available will be canceled if any and you shall be immediately reimbursed.

Acceptance of your order is subject to the confirmation and validation of your payment.

If your payment could not be validated by the issuer of the credit card or be fraudulent or in case of reasonable suspicion of fraud, your order will not be accepted and will be automatically canceled.

2. Should you not comply with the present Terms, in particular with the provisions of Article 7 (3) which require that the goods delivered be returned in their original condition, or if your payment for any of your orders does not come through to UpCouture's account, UpCouture reserves the right to refuse future orders.

3. Online purchases are for your personal use or intended to be personally gifted and are in no way intended to be used for resale, for commercial purposes or any other purpose. We reserve the right to refuse orders when large quantities of the same item are ordered by a single consumer or to a single address.


§ 3 - The order

1. If you select items from our product range, you should click on "Add to my Shopping Bag" for them to be included in "Your Shopping Bag". When you have selected the Shopping Bag, you agree by clicking "continue" to buy all items that are in the Shopping Bag. By accepting our offer, the contract of sale is concluded and you are bound by that contract.

2. Before placing an order, you can always check and change the details of your orders by clicking on "Your Shopping Bag".

3. When you place an order, you will automatically receive an email confirming your order ("Confirmation Email") with its details. We recommend that you print this email and keep it. This email confirms that we have received your order.

4. Only orders placed online are considered as an acceptation of our offer. UpCouture does not accept orders by fax, email or mail.

5. UpCouture delivers in all countries on the check-out list. If your country is not yet on the list, you can write us an email contact@upcouture.com.

6. When your items are shipped, you will receive a second email ("Delivery Email") which will inform you that your order has been shipped. 


§ 4 - Delivery

1. For all products for which no specific delivery time is indicated, we ship the product between 1 and 7 business days after you've placed your order. 

2. If you have placed multiple orders, it is possible that we need to make multiple deliveries. Should this be the case, we will notify you in advance.

3. Once the items ordered are delivered, they are under your responsibility.


§ 5 - Prices and shipping

1. The prices indicated on the Website are tax inclusive prices, unless you're connected through an account which has a delivery address outside of the EU, in which case, the indicated price is excluding tax. You shall then be responsible to pay your country's taxes upon receipt of the products.

2. The prices indicated on the Website do not include delivery costs. Delivery costs are those indicated on the website. As long as the e-boutique mentions "Free shipping worldwide", you have no shipping costs to pay for.

We reserve the right to apply a surcharge for deliveries in remote areas. If a surcharge applies to your order, you will be informed at the time of placing an order before it is registered.


§ 6 - Payment, failure to pay

1. The payment of the items ordered will be made by credit card or Paypal account as selected at the time of payment.

2. The full price shall be debited from your card at the time of payment or shortly thereafter.

3. You certify that you are the holder of the credit card or PayPal account used. Controls and authorizations of credit card are made by the card issuer. If the card issuer refuses to authorize payment, your order will not be accepted. We shall not be held responsible for any delay or non-delivery. In addition, we are not obliged to inform you of the reason why your payment and order have been refused.


§ 7 - Return within 30 days

• If for one reason or another, you were to be unsatisfied with the delivered products, you have the right to return the products and receive their full refund.
• This right may be exercised within 30 days after receipt of the products ordered, by sending a written notification. The written notification must be sent to the following address: contact@upcouture.com
• You can claim a full refund of returned products PROVIDED THAT:

a. the items are effectively returned to UpCouture Online Store, 27 rue du Chemin Vert, 75011 Paris, France, within 30 days of delivery of the goods;
b. the items are returned with their original tags in their original condition without having been damaged, washed or altered or worn more than for a try out, and are returned in their original packaging.
• We shall refund the full purchase price of the returned items by crediting the credit card used when placing the order, within seven days of receipt of the returned items in accordance with Article 7 3. b.
• You shall take care of the items in your possession and return them to the address indicated in Article 7 (3) as soon as possible after the cancellation of your order.
• UpCouture is under no obligation to accept returns and to reimburse the purchase price of items which do not meet the conditions set out in Article 7 (3) (b).

 Return costs are at your charge.


§ 8 - Defective products

If the items you ordered are defective or do not match the description provided on the website, please inform us as soon as possible at contact@upcouture.com. Thank you for returning the products that are defective and we shall replace them if these items are available or refund their full price (including return costs if the product is effectively defective).


§ 9 - Your Personal Data

The personal information you may provide to us via our site is collected and used in accordance with the terms of protection of personal data which are accessible on the footer of this website


§ 10 – Liability

(1) We shall not be held responsible for any loss or damage that may arise after delivery of your article.
(2) We shall not be held responsible for any loss or damage that may occur if your online purchase is intended for resale, for commercial or any purposes other than those provided in Article 2 (3).
(3) We
a. shall not be held responsible for any loss or damage to your computer system or loss of data that results from the use of our Website;
b. shall not guarantee the content and services available on the Website. All content and services will be accessible when available.
c. shall not guarantee that the Website can be accessed at all times and be operational or that the information available on the Website may not contain errors or omissions (but when such errors or omissions are brought to our attention, we shall ensure to remedy the situation as soon as possible).
(4) When you place an order on our website, our liability to you for any loss or damage which may be subject to the present Terms is limited for each complaint, to the purchase price of your order.
(5) We shall not be held responsible for delays or failure to fulfill obligations under these Terms if the delay or failure occur due to an event beyond our control. Such events include, but are not limited to, paralysis of transport infrastructure, government intervention, wars, civil commotion, taking of hostages, fire, flood, accident, storm, strikes terrorist attacks or industrial event likely to affect our service or that of our suppliers.
(6) We shall not be held responsible for payment or refund of the VAT taxes of your country of residence if you live outside of the EU, unless otherwise stated in a particular instance on our website.


§ 11 - Intellectual Property Rights


1. The use of the Website gives you no right to copyright, design, trademark rights and other intellectual property rights (or intellectual property rights belonging to third parties).

2. Our Website is for your private and non-commercial use only. Website content may not be used for any purpose other than described above without our express written consent.


§ 12 - Final Provisions

1. In case of changes to these Terms and Conditions, we will notify you on our Website. An information message asking you to accept the new Terms and Conditions will appear when placing a new order,

2. The orders / sales via our Website, as well as the present Terms shall be subject to French law and any dispute that may arise in relation with the present Terms shall be submitted to the French courts.

3. In the event that any provision of the present Terms is held invalid or illegal, the validity and legality of the remaining provisions shall not be affected.

4. Please contact us for any request or complaint regarding the Website. You may contact us by email at the following address contact@upcouture.com or write to us at the address listed at the top of the present Terms.




Credits

The website is www.upcouture.com operated by the French company UpCouture:


UpCouture SASU
27, rue du Chemin Vert
75011 Paris
FRANCE

Registered with the Trade Register of Paris:
Paris B 540 059 466 (SIRET 54005946600016)
Represented by: Ms. Neda Naef (Chair)

Contact:
Phone: +33 1 75 77 87 47
E-Mail: contact@upcouture.com
Responsible for the publication: Neda Naef

Hosted by: OVH SAS
RCS Roubaix – Tourcoing 424 761 419 00045
Registered address : 2 rue Kellermann - 59100 Roubaix - France.
Publication director : Octave KLABA

Realised by: ALIPP SARL
RCS Lyon 483 340 352 00028
Headquarter : 47 rue du repos - 69007 LYON - France.