General terms and conditions of sale

Updated on 04/05/2023

Article 1 – Identification of the parties

1.1. Vendor Identification

These General Terms and Conditions of Sale apply to the sales defined below and made by CREATION & IMAGE Paris, which manufactures and markets directly or indirectly its articles (clothing and accessories) under the brand and trade name
55Honoré Paris
throughout the world.

CREATION & IMAGE Paris is a simplified joint stock company with a capital of 952,400.00 EUROS, registered in the Paris Trade Register under the number SIRET 339 881 088 00084, having its registered office at 19 Avenue Victor Hugo (75116) PARIS, telephone: + 33 1 53 67 80 00, email: contact@55honore.com, VAT number: FR34339881088 (hereinafter called
55Honoré Paris
).

1.2 Definitions

The terms used hereafter have the following meaning in these General Terms and Conditions of Sale:

• “Seller”: means the company
  55Honoré Paris
  identified in the article 1.1.
• “Buyer”: means the Seller’s co-contractor, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that this Buyer acts outside of any usual or commercial activity.
• “Product”: refers to all goods available on the Site.
• “Order” means a request for Products made by Buyer to Seller;
• “General Terms and Conditions of Sale” means the general terms and conditions of sale which are the subject hereof;
• “Delivery Time” means the period of time between the date of Order Validation and the date of Delivery of Buyer’s Order;
• “Delivery Charges” means the cost of charges incurred by Seller to deliver the Order to the delivery address specified by Buyer;
• “Delivery” means shipment of the Product to Buyer;
• “Delivery Method”: means any standard or express delivery method available on the Site at the time of the Order;
• “Price” means the unit value of a Product; this value includes all taxes and excludes delivery charges;
• “Total Price” means the total amount of the cumulative Prices of the Products which are the subject of the Order; this amount includes all taxes;
• “All-Inclusive Price” means the Total Price plus the price of the Delivery Charges; this amount includes all taxes;
• “Site”: online sales site “https://55honore.com” used by the Seller to market its products;

Article 2 – Scope of application and acceptance of the GTC

The purchase of Products offered on the website https://55honore.com/ is subject to these Terms and Conditions of Sale.

The Site allows you to order, online via the Internet, from CREATION & IMAGE Paris a selection of Products of the brand
55Honoré Paris
(hereinafter the “Product(s)”).

The products
55Honoré Paris
are exclusively intended to be sold to final consumers, natural or legal persons, with the exclusion of any resellers or intermediaries acting on behalf of resellers. Consequently, the Buyer declares that he/she is acting as a final consumer and that he/she does not intend to resell, directly or indirectly, the Products
55Honoré Paris
products for commercial purposes, this commitment constitutes an essential condition for
55Honoré Paris
.

Buyer certifies that it has the legal capacity to enter into the commitments provided for herein.

55Honoré Paris
may at any time update these Terms and Conditions of Sale. The Buyer can consult the current version of the General Terms and Conditions of Sale at any time by going to the “Legal” section of the Site. The contract of sale between Buyer and Seller shall include the terms and conditions of Buyer’s Order and the Terms and Conditions of Sale applicable at the time of Buyer’s purchase, which shall apply to the exclusion of any other terms and conditions or any terms and conditions implied by trade, Buyer or business practice.

In addition, with each purchase on the Site, the Buyer will be asked to confirm acceptance of these General Terms and Conditions of Sale in effect on the date the Order is placed. These terms and conditions can be viewed before and at the time the Buyer is asked to confirm acceptance. To materialize his acceptance, the Buyer will have to check the box “I accept the General Conditions of Sale, and consent to the processing of my data, in accordance with the Privacy Policy of
55Honoré Paris
“. The Buyer may consult the Privacy Policy of
55Honoré Paris
at any time in the “Legal” section.

Article 3 – Order

For any questions regarding the Products and your Orders, the Buyer may contact the Seller by email contact@55honore.com or by phone at (+33) 01 53 67 80 00, from Monday to Friday, from 10:00 AM to 5:00 PM.

In order to complete the Order, the Buyer must follow the following steps:

1. Enter the address of the site https://55honore.com/;
2. In “Shop” select the product(s) you want and add it (them) to the cart;
3. In “Shopping cart”, click on the link “Validate the order”;
4. Fill in the fields of the Order form and, if applicable, “Order Notes”.

In case of prolonged inactivity during the connection, it is possible that the selection of the Product(s) chosen by the Buyer before this inactivity is no longer guaranteed. The Buyer is then invited to start again his selection of Product(s) from the beginning;

1. Check the elements of the Order and if necessary, identify and correct errors;
2. Validate the Order, the Total Price and the Price including VAT (the “Order Validation”);
3. Follow the instructions on the Site to make the payment by credit card of the All-Inclusive Price.

Buyer shall then receive electronic confirmation of the Order and acceptance of payment for the Order without delay.

Once the Order has been processed by the Seller, the Buyer shall receive electronic confirmation of the shipment of the Order.

Delivery will be made to the delivery address indicated by the Buyer at the time of the Order. During the completion of the above-mentioned stages of the Order.

The Seller undertakes to honour the Order only within the limits of available stocks of Products. In the absence of availability, the Seller undertakes to inform the Buyer.

However, in accordance with Article L. 122-11 of the French 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, if there is a dispute with the Buyer concerning the payment of a previous Order.

The Buyer has the possibility to create a customer account. To do so, he must follow the instructions on the Site. This customer account opening is optional and is in no way mandatory to place an order.

The creation of a customer account allows the Buyer to benefit from services (history and follow-up of order, management of the returns, ….) to which it would not have access without this one.

Article 4 – Accepted means of payment / Price of the Articles and Conditions of Validity

4.1 Prices of the Articles and Conditions of validity

The Prices of the Products are indicated in Euros, all taxes included as well as the applicable Delivery Charges. The Prices include in particular the value added tax (VAT) at the rate applicable on the date of order. Prices of Products are subject to change. Consequently, the Prices indicated on the Site may change. The Products are invoiced on the basis of the prices displayed on the Site at the time the Buyer places the order, subject to availability. All orders are payable in Euros and must be paid at the time of the Buyer’s order. The validity period of the offers and prices is determined by the updating of the Site.

4.2 Means of Payment

The payment of the Price including all taxes by the Buyer is made through Stripe: credit card, e-card, or bank transfer.

The following bank cards are accepted: CB bank cards (Visa, Maestro, American Express, …), Digital Wallets (Apple Pay, Google Pay, …), and SEPA direct debits.

Purchases are made in complete security, the confidentiality of banking information that the Buyer transmits via the Site to an approved banking establishment is ensured in a secure environment (SSL protocol).

The transaction is immediately debited to the Buyer’s credit card after verification of the data of the latter, upon receipt of the debit authorization from the issuer of the credit card used by the Buyer.

In accordance with Article L. 133-8 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By providing his credit card information, the Buyer authorizes the Seller to debit his credit card with the amount corresponding to the All-Inclusive Price.

To this end, the Buyer confirms that he is the holder of the bank card to be debited and that the name on the bank card is indeed his own. The Buyer communicates the sixteen digits and the expiration date of his bank card as well as, if necessary, the numbers of the visual cryptogram.

In the event that it is impossible to debit the Price inclusive of all taxes, the Online Sale shall be immediately terminated by operation of law and the Order shall be cancelled.

The Site also offers the Purchaser the possibility of paying directly for the Order by bank transfer (SEPA Direct Debit).

When making a bank transfer transaction, the Buyer must inform the Order ID as the payment reference. The Order will not be shipped until funds are received in Seller’s bank account.

Article 5 – Delivery of the Order

5.1. Address and delivery time

The Buyer chooses one of the Delivery Methods offered on the Site when placing the Order. The Products are insured by the seller until delivery.

Deliveries are made by Colissimo or Chronopost in France and Europe and by UPS for international deliveries.

Orders cannot be placed for any delivery address outside of this Delivery Area.

Delivery times are available on the Site and may vary depending on the availability of the Products ordered.

Delivery times are in working days and correspond to the average time required to prepare and send the Order.

Delivery times shall begin on the date of Seller’s Order Confirmation.

At the time of the expedition of the order, the Buyer receives a confirmation email of the package with all the information allowing him to follow the routing of the package.

The Buyer chooses a delivery address. Buyer shall be solely responsible for any failure to deliver due to a lack of information or accuracy in the Order.

5.2. Amount of the Delivery Charges

55Honoré Paris
offers free delivery in France, 15€ delivery in Europe and 70€ for international deliveries.

5.3. Customs duties

Any Order placed on the Site and delivered outside of France may be subject to possible import duties and taxes when the package reaches its destination.

These customs duties and taxes, if any, related to the delivery of a Product are the responsibility of the Buyer.

Seller is not required to check and inform its Buyers of any applicable customs duties and taxes. To know them, it is up to the Buyer to inquire with the competent customs authorities of his country. If the recipient refuses to pay customs duties or taxes, any sums requested from the Seller to recover the package will be deducted from the refund made to the Buyer.

Buyer’s attention is drawn to the fact that deliveries abroad may be opened and inspected by the competent customs authorities.

5.4. Delivery problem

The Buyer shall be liable in the event of non-compliance with the deadlines (delay in delivery, impossibility of delivery, etc.) resulting from the erroneous and/or incomplete nature of the information provided by the Buyer for the purpose of delivery and/or the Buyer’s absence at the time of delivery.

In case of delay in delivery, the Order cannot be cancelled.

In application of the article L. 216-2 of the code of the consumption, in defect of delivery in the foreseen delay, the Buyer can, if he wishes it, cancel the contract, by registered letter with acknowledgement of receipt or by a writing on another durable support if, after having enjoined, according to the same modalities, the Seller to carry out the delivery in a reasonable additional delay.

If the Seller has not performed in the meantime, the contract shall have expired.

5.5. Follow-up of the delivery

Upon shipment of the Products, the Buyer will receive a notification with a number to track the progress of the shipment.

5.6. Verification of the Order upon arrival

The Buyer is required to check the condition of the packaging and the Products upon delivery.

It is the responsibility of the Buyer to make any reservations and claims he/she deems necessary, or even to refuse the package, when the package is obviously damaged upon delivery. The said reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt or extrajudicial document within three working days, not including public holidays, following the date of delivery of the Products.

Buyer shall also send a copy of such letter to Seller. Failure to file a claim within the aforementioned time period shall extinguish any action against the carrier in accordance with Article L. 133-3 of the Commercial Code. Buyer shall ensure that the Products delivered to it correspond to the Order. In case of non-conformity of the Products in kind or in quality to the specifications mentioned in the delivery note, the Buyer must inform the Seller by e-mail and return the Products to the address indicated in the conditions of Article 8.

Article 6 – Transfer/reservation of ownership

The ordered Products remain the property of
55Honoré Paris
until full payment of the Price by
55Honoré Paris
.

On the other hand, the Buyer assumes the risks (in particular of loss, theft or deterioration) related to the Products delivered as of their delivery to the address indicated at the time of the Order or as of their collection in the event of withdrawal in store.

Article 7 – Right of withdrawal – Return policy and procedure

The Buyer has a right of withdrawal that he/she may exercise within fourteen calendar days following the date of receipt or withdrawal of the Order. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

The Buyer who wishes to exercise his right of withdrawal must return the Products without undue delay, and at the latest within 14 days following the communication of his decision to withdraw, in their original condition, unworn, with all labels attached and returned in their original packaging and accompanied by the return form mentioning the order number and the complete contact details of the Buyer

After this period, the Products delivered will be deemed to be in conformity and accepted by the Buyer. Therefore, the Seller may reserve the right to refuse the refund.

Upon receipt, a quality control will be performed on the goods received. No used, incomplete or deteriorated Product by the Buyer will be eligible for any refund.

From France,the return is free thanks to the prepaid return label provided.

Outside France, the direct costs, possible customs fees and risks related to the return of the Product(s), are left to the Buyer’s charge.

If the returned Products comply with the return policy, the Seller shall refund the Buyer the total amount paid for the returned Products within 14 days from the date the Buyer is informed of the withdrawal, unless the refund is deferred until the Products are recovered.

Return Procedure:

Without prejudice to the right of withdrawal, the Buyer may return the Product within 14 calendar days of its receipt.

To return a Product, the Buyer must complete the return form and follow the instructions for returns and refunds in the “Legal” section.

The Product(s) must be returned in their original, unworn condition, with all tags attached and in their original packaging, along with a completed return form.

All returns must be sent by registered mail with acknowledgement of receipt, otherwise the possible loss of Products during the return transport could not be taken into account.

Any Product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. Seller reserves the right to determine in good faith whether all of these conditions are met.

If the Buyer has not created a customer account, it is imperative to notify the seller by email in order to be informed of the return procedure at contact@55honore.com.

The initial Delivery Expenses (except Metropolitan France) and of return (except Metropolitan France) remain with the load of the Purchaser, as well as the risks related to the transport of return.

Article 8 – Warranty

The Seller is subject to the conditions of legal guarantees provided for in Articles L. 217-4 to L. 217-13 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:

Art. L. 217-4 of the French Consumer Code: “The Seller delivers a Product that conforms to the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility”.

Art. L. 217-5 of the French Consumer Code: “The product conforms to the contract:

1° Whether it is fit for the purpose usually expected of a similar Product and, if so:

• if it corresponds to the description given by the seller and has the qualities that the seller has presented to the Buyer in the form of a sample or model;

• if it has the qualities that the Buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the attention of the seller and accepted by the latter.

Art. L. 217-12 of the French Consumer Code: “The action resulting from the lack of conformity is prescribed by two years as from the delivery of the Product”.

Art. 1641 of the Civil Code: “The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the Buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them.

Art. 1648 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. In the case provided for in article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity”.

The Buyer can exercise these guarantees by sending his request to the company
55Honoré Paris
– 19 Avenue Victor Hugo, 75116 PARIS.

When the Buyer acts in legal guarantee of conformity, he :

• shall have a period of two years from the date of delivery of the Product to act;
• will be able to choose between repairing or replacing the Product subject to the cost conditions provided for in Article L. 217-10 of the French Consumer Code;
• shall be exempted from proving the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.

The guarantee of conformity will apply independently of any 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 cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

In case of lack of conformity and hidden defects, the Buyer must return the Products to the Seller at
55Honoré Paris
at 19 avenue Victor Hugo, 75116 Paris.

Article 9 – Liability

The Seller is not responsible for the possible difference in color “screen/reality” of the Products, the terms of the personal message accompanying the package and their possible consequences.

Finally, the Seller draws the Buyer’s attention to the fact that it shall not be held liable for any Order placed by a minor, whether or not the parents have authorized such Order.

In any case, the responsibility of
55Honoré Paris
be engaged for any damage which would not result from a failure of
55Honoré Paris
to one of its obligations.

Article 10 – Intellectual Property Rights

The Seller’s brand
55Honoré Paris
The trademarks, illustrations, images and logos appearing on the Products, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property or use 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 mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, drawings, models, domain names and patents which are the property of the Seller.

All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the Seller. Any person who publishes a Website and wishes to create a direct hypertext link to the Website must request permission from the Seller in writing.

Such authorization by the Seller shall in no case be granted on a permanent basis. This link must be removed at the request of the Seller. Hypertext links to the Site using techniques such as framing or in-line linking are strictly prohibited.

Article 11 – Confidentiality of Data

The information requested from the Buyer is necessary to process the Order. In the event that the Buyer agrees to communicate individual data of a personal nature, he/she has an individual right of access, withdrawal and rectification of such data under the conditions provided for by Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms. Buyer should address any written request to the following address: contact@55honore.com.

When creating his customer account on the Site, the Buyer will have the possibility to choose if he wishes to receive offers from the Seller.

Article 12 – Force Majeure

The performance by the Seller of its obligations shall be suspended in the event of the occurrence of a fortuitous event or force majeure and any event beyond the control of the parties, as defined by the case law of the French courts, which would impede or delay the performance thereof.

Seller shall notify Buyer of the occurrence of such an act of God or force majeure within two days of the date of occurrence of the event.

If Seller’s performance continues to be suspended for a period in excess of seven days, Customer may terminate the current Order and Seller shall refund the Order in accordance with Section 7.

Article 13 – Complaints and amicable settlement of disputes

Under Article L. 612-1 of the Consumer Code “Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable settlement of the dispute between him and a professional.”

The 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, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.

For any difficulty, the Seller invites the Buyer to contact him beforehand at the following address: contact@55honore.com.

In the absence of an amicable settlement of the dispute with the Vendor, and within one year of the customer’s request to the Vendor, pursuant to Article R. 616-1 of the Consumer Code, the customer may have his or her request examined by an approved mediator, it being understood that a dispute may only be examined by one mediator, except in exceptional cases.

Only complaints relating to the Online Sale of Products will be taken into account.

The Customer can resolve the dispute through the Online Dispute Resolution platform set up by the European Commission(http://ec.europa.eu/consumers/odr/)

The client may, at his own expense, be assisted by a counsel.

In the event of a dispute and in the absence of an amicable settlement, only the French courts shall have jurisdiction.

Article 14 – Applicable Law

Any dispute will be governed by French law.